H4402 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Whereas, in 1953, President Dwight D. Ei- permission to revise and extend their pabilities, and that means we have got senhower christened the new Ford Research remarks on H. Res. 100, the resolution to be able to handle a conventional ar- and Engineering Center, which was a mile- just agreed to. mored attack or conventional warfare. stone in the company’s dedication to auto- The SPEAKER pro tempore. Is there We must be able to handle guerilla motive science and which houses some of the most modern facilities for automotive re- objection to the request of the gen- warfare. We must be able, at the same search; tleman from Michigan? time, to conduct the war against ter- Whereas Ford’s innovation continued There was no objection. rorism, and we have to prepare for the through the 1980s with the introduction of f eventuality that ballistic missiles may the Ford Taurus, which was named the 1986 at some point be launched against the PERMISSION FOR COMMITTEE ON Motor Trend Car of the Year, and which re- United States. sulted in future aerodynamic design trends ARMED SERVICES TO FILE SUP- Mr. Chairman, this bill addresses throughout the industry; PLEMENTAL REPORT ON H.R. America’s military issues. We address Whereas this innovation continued 1588, NATIONAL DEFENSE AU- all of the issues that are brought up through the 1990s with the debut in 1993 of THORIZATION ACT FOR FISCAL with respect to personnel. We have a the Ford Mondeo, European Car of the Year, YEAR 2004 the redesigned 1994 Ford Mustang, and the 4.1 percent average pay increase in this introduction in 1990 of the Ford Explorer, Mr. HUNTER. Mr. Speaker, I ask bill. We have targeted bonuses where which defined the sports utility vehicle unanimous consent that the Com- we have critical skills requirements (SUV) segment and remains the best selling mittee on Armed Services have permis- and critical grade requirements. We SUV in the world; sion to file a supplemental report on provide for family housing. We do all Whereas, as the 21st century begins, Ford the bill (H.R. 1588) to authorize appro- the things that are important for peo- continues its marvelous record for fine prod- priations for fiscal year 2004 for mili- ple. At the same time, we modernize ucts with the best-selling car in the world, the Ford Focus, and the best-selling truck in tary activities of the Department of and we have more money for mod- the world, the Ford F-Series; Defense, to prescribe military per- ernization than we have in years past, Whereas the Ford Motor Company is the sonnel strengths for fiscal year 2004, Mr. Chairman. world’s second largest automaker, and in- and for other purposes. We have lots of old platforms. We cludes Ford, Lincoln, Mercury, Aston Mar- The SPEAKER pro tempore. Is there know that our Army helicopters aver- tin, Jaguar, Land Rover, Volvo, and Mazda objection to the request of the gen- age 18.6 years of age. Two-thirds of the automotive brands, as well as other diversi- tleman from California? Naval aircraft are over 15 years. And if fied subsidiaries in finance and other domes- There was no objection. you go down the line you even come up tic and international business areas; and Whereas, on October 30, 2001, William Clay f with some antiquities. You come up Ford, Jr., the great-grandson of Henry Ford, with B–52 bombers, the youngest of NATIONAL DEFENSE AUTHORIZA- which was built in 1962. So we have became Chairman and Chief Executive Offi- TION ACT FOR FISCAL YEAR 2004 cer of the Ford Motor Company, and as such many years where modernization is re- is concentrating on the fundamentals that The SPEAKER pro tempore (Mr. quired, and we have embarked on this have powered the Ford Motor Company to SWEENEY). Pursuant to House Resolu- first step of modernization with this greatness over the last century and made it tion 245 and rule XVIII, the Chair de- bill that provides a little over $70 bil- a world-class auto and truck manufacturer, clares the House in the Committee of lion for modernization. and that will continue to carry the company the Whole House on the State of the Mr. Chairman, we have learned les- through the 21st century to develop even bet- ter products and innovations: Now, there- Union for the consideration of the bill, sons in Iraq, and this committee, which fore, be it H.R. 1588. worked very hard, Democrats and Re- Mr. UPTON (during the reading). Mr. The Chair designates the gentleman publicans on all of our subcommittees Speaker, I ask unanimous consent that from Texas (Mr. BONILLA) as chairman listened to our military after the oper- the amendment to the preamble be of the Committee of the Whole, and re- ation in Iraq, and we asked them what considered as read and printed in the quests the gentleman from New York their lessons learned were, what new (Mr. SWEENEY) to assume the chair systems, what new capabilities could RECORD. The SPEAKER pro tempore. Is there temporarily. we work on to give them even more ef- objection to the request of the gen- b 1346 fectiveness on the battlefield. They tleman from Michigan? talked to us, and we have embedded IN THE COMMITTEE OF THE WHOLE There was no objection. some of these requests, Mr. Chairman, The SPEAKER pro tempore. The Accordingly, the House resolved in this bill. question is on the amendment to the itself into the Committee of the Whole So this bill reflects not just rec- preamble offered by the gentleman House on the State of the Union for the ommendations from the administra- from Michigan (Mr. UPTON). consideration of the bill (H.R. 1588) to tion over the last several years, but it The amendment to the preamble was authorize appropriations for fiscal year reflects what war-fighting leaders need agreed to. 2004 for military activities of the De- on the battlefields and what they have TITLE AMENDMENT OFFERED BY MR. UPTON partment of Defense, to prescribe mili- learned is required as a result of this Mr. UPTON. Mr. Speaker, I offer an tary personnel strengths for fiscal year most recent conflict. So this is a very amendment to the title. 2004, and for other purposes, with Mr. up-to-date bill. The Clerk read as follows: SWEENEY (Chairman pro tempore) in Mr. Chairman, we need a number of Amendment to the title offered by Mr. the chair. what I would call so-called enablers to UPTON: The Clerk read the title of the bill. continue to fight today’s wars and also Amend the title so as to read: ‘‘Resolu- The CHAIRMAN pro tempore. Pursu- prepare for tomorrow’s wars. We need tion recognizing the 100th anniversary year ant to the rule, the bill is considered as airlifts. You have to have the ability to of the founding of the Ford Motor Company, having been read the first time. move that air bridge and move across which has been a significant part of the so- Under the rule, the gentleman from that air bridge either from the United cial, economic, and cultural heritage of the California (Mr. HUNTER) and the gen- States to a military operation around United States and many other nations and a revolutionary industrial and global institu- tleman from Missouri (Mr. SKELTON) the world, or to move from foreign- tion, and congratulating the Ford Motor each will control 60 minutes. based troops, troops in Germany or Company for its achievements.’’. The Chair recognizes the gentleman other places, move them into the bat- The amendment to the title was from California (Mr. HUNTER). tlefields and not only move troops in agreed to. Mr. HUNTER. Mr. Chairman, I yield but move equipment in and provide A motion to reconsider was laid on myself such time as I may consume. that bridge of tankers to be able to the table. We have an excellent defense bill be- move strike aircraft in, long-range fore us today. We have learned a num- strike aircraft or short-range tactical f ber of lessons from the conflict we just aircraft which, combined with preci- GENERAL LEAVE concluded in Iraq. I think the lessons sion munitions, can hit those targets, Mr. UPTON. Mr. Speaker, I ask unan- of the last 15 years are that we must whether it is an al Qaeda cave in Af- imous consent that all Members have have in this country broad military ca- ghanistan or a leadership bunker in

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.015 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4403 Iraq or in some other part of the world. I want to also say I am very grateful a lot of good things for the troops: the We have supplied more money for that to our subcommittee chairman, the 4.1 percent average pay raise, the fam- very important area, Mr. Chairman. gentleman from Pennsylvania (Mr. ily housing, the medical care, all of We also need to bolster precision- WELDON), the gentleman from Colorado this combined together does a great guided munitions which have provided (Mr. HEFLEY), the gentleman from New deal. The research and development us with so much leverage in this oper- Jersey (Mr. SAXTON), the gentleman that grows into future systems. The ation. We do that here. from New York (Mr. MCHUGH), the gen- procurement of the weapons systems We also provide for more robust mis- tleman from Alabama (Mr. EVERETT), and ammunition that we provide for sile defense because we know that Scud and the gentleman from Maryland (Mr. and authorize is so very important. missiles launched in a theater can BARTLETT), and also all of their rank- The O&M, Operation and Maintenance, paralyze our tactical airfields. Until we ing members on their subcommittees which allows not just keeping the can take care of those airfields and for the hard work they have put in. lights on but allows for extensive bring people in and bring aircraft in, Mr. Chairman, we will start pre- training, whether it be at Fort Irwin or we know we have to have the ability to senting our subcommittee reports mo- whether it be on a ship or on an air- pull down Scud-class ballistic missiles mentarily. plane. and increasingly effective ballistic mis- Mr. Chairman, I reserve the balance All of this is so very important to the siles that are actually more high-pow- of my time. uniformed services. We are very proud ered, more capable than Scuds. For Mr. SKELTON. Mr. Chairman, I yield of them, every one of them. We salute that reason, Mr. Chairman, we have my myself such time as I may con- them on their recent victory. money in this bill for Patriot missile sume. We are, as you know, compelled to Mr. Chairman, I rise in support of systems, for more procurement of our remind ourselves sadly that we are in a this Armed Services bill. I would like missile systems, so we can protect our war against terrorism and there will be to first pay tribute to our chairman, troops in theater and project American great burden on the military forces as the gentleman from California (Mr. power around the world. That is an- we proceed with this war against those HUNTER), if I may, for his sincerity, for other enabler. terrorists of which we have learned so We also put money in for the deep his hard work, and for his determina- much. strike program, Mr. Chairman. That is tion in taking care of the troops and But I must say, Mr. Chairman, that important. That will follow on and bol- making sure that they have the right there are provisions in this bill that I ster this fleet of B–1s, B–2s and B–52s equipment and ammunition that they wish that the Committee on Rules had that carried the war to the enemy so need to succeed on the battlefield. allowed full and fair debate thereon. effectively in this last theater. We are so very, very proud of the So we do a number of things, Mr. young men and young women and the We still have one more rule to go, so I Chairman, that will enable us to not victory that they have brought about am hopeful that the Committee on only fight today’s wars but also look in the fields of battle in Iraq for several Rules will allow some of these amend- beyond the horizon and will help us reasons; and a lot of it is tied right ments to be made in order, such as the fight tomorrow’s wars. back to the work we have done on the one involving Civil Service. I think it Let me tell you, Mr. Chairman, you Committee on Armed Services through is very important that we have a full will be listening to the reports of our the years. and fair debate on that. Cooperative subcommittee chairman and the rank- The first is the high caliber of young threat reduction should be a very im- ing members of those subcommittees men and young women that we have. portant issue that we should debate and you will see that this bill is a prod- They are professionals. They are dedi- here, among others. The base closing uct of a lot of hard work, a lot of folks cated and highly trained. The oper- issue should be one that we should at who sat in those chairs and listened ation and maintenance dollars we have least have a debate on in this forum. not only to the daily briefings on the given towards training has paid off. So with that exception, hoping that Iraq operation but listened very in- Secondly, the equipment that they the Committee on Rules can reverse tently to our people in uniform when have had. When you speak of the M–1, itself and help us have a more complete they told us what we are going to need A–1 tanks, the Bradley fighting vehi- debate probably tomorrow as a result to protect this country. Our folks have cles or the B–2 bombers or whatever, of the second rule that will be forth- done a great job. their equipment has been the very best coming from the Committee on Rules, So, finally, let me commend our com- available. I certainly hope we can continue that mander-in-chief, President Bush, for Number three is the ammunition insistence. they have had, the precise ammuni- the blueprint that he laid out for us, b 1400 for Secretary Rumsfeld, our military tion, the targeted ammunition they leaders, but, lastly, everybody who pro- have. Whether you are speaking about Overall, this is a good bill. Whether jected American power in this last con- a red dot on the target through a rifle it is a young sailor on a ship or wheth- flict, who went out, right down to that at 300 meters or a JDAM bomb being er it is a general directing an oper- 19-year-old kid carrying an M–16 trying dropped from a B–2 bomber at 40,000 ation, all of them fare well as a result to go through the choke point at feet that goes through a window of of the work, and hard work by this Nasiriya in Iraq. choice, all of that has contributed. committee. America’s military team has per- On top of that, it was interesting to Again, let me thank Chairman formed brilliantly for us. Now it is note that the gentleman in charge of HUNTER for his sincerity through all of time for us to perform for them. all of the British troops, Air Marshall this. I want to thank my ranking member, Brian Burrage, gave tribute to the Mr. Chairman, I reserve the balance the gentleman from Missouri (Mr. plans that came out of the American of my time. SKELTON), for his great partnership in war colleges through this whole effort Mr. HUNTER. Mr. Chairman, I yield putting this bill together. We have had in Iraq. He said that the plans that such time as he may consume to the a few contentious moments and we were fulfilled in the Iraqi campaign gentleman from Pennsylvania (Mr. may have a few more as we go through will be studied in war colleges for dec- WELDON), the vice chairman of the this bill. There are a few items that do ades to come. committee, who is chairman of the not come up very often in the defense The last reason we did so well and as Subcommittee on Tactical Air and bill but will come up. But after the arm a result of a lot of work in the Com- Land Forces. wrestling is over, Mr. Chairman, you mittee on Armed Services going back a (Mr. WELDON of Pennsylvania asked will see a united Committee on Armed number of years was the jointness that and was given permission to revise and Services and hopefully a united House was apparently seamless between each extend his remarks.) of Representatives standing tall behind of the services. All of that came about Mr. WELDON of Pennsylvania. Mr. the uniformed people in the United as a result of the work that we did on Chairman, this bill is about America’s States military. So I am very grateful the Committee on Armed Services. patriots. This bill is about America’s to the gentleman from Missouri (Mr. This bill, Mr. Chairman, is a good heroes. From Kabul to Baghdad, from SKELTON) for his work. bill. As the chairman has noted, it does Riyadh to Graznyy, our sons and

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.065 H21PT1 H4404 CONGRESSIONAL RECORD — HOUSE May 21, 2003 daughters are in harm’s way doing a threat reduction and involving nuclear ships, one Virginia-class submarine, fantastic job, and we applaud them policy, the chairman and the ranking which will be purchased with multiyear with this legislation. member have worked with us to craft funds. The idea being that things are so But this bill is also about two other some important additions in this bill. expensive, things that take 4 or 5 years patriots. This bill is about the gen- We, in fact, include in the bill the re- to build, we can go ahead and pay for tleman from California (Mr. HUNTER), quirement of establishing a Strategic them in four or five installments rath- and it is about the gentleman from Nuclear Commission to look at what er than one. Two SSBN to SSGN con- Missouri (Mr. SKELTON), two great our nuclear posture should be over the versions. One LHD–8. $35 million for Americans, Mr. Chairman, who brought next 20 years in a bipartisan approach. the Littoral Combat Ship, our next us together; two great Americans who We have included language to find generation of small ships to operate in worked us for 30 hours over 2 days in compromises on the way that we assist the Littoral zones around the world. the most extensive markup that I have the former Soviet states in taking One LCAC SLEP Program, Service Life been involved in in 17 years in this apart their weapons of mass destruc- Extension Program. body. And while there were some issues tion. Additionally, we have authorized the that were very tightly split, in the end So, Mr. Chairman, I have no problem money to replace about 333 Tomahawk only two Members out of 60 dissented. in supporting this legislation. There missiles that were used up in the And as we have done in the past, we will be some amendments that will be course of the most recent war, and will work our will and our way today offered that will be helping to perfect about a $40 million increase to the pro- to come up with a bill that we can be it even more. And in closing, besides duction line so that they can be built proud of. thanking our two patriots, I want to quicker than they would have been. But I want to pay tribute, especially thank my good friend and colleague, One C–17 for airlift, $229 million for to DUNCAN HUNTER and IKE SKELTON for the gentleman from Hawaii (Mr. ABER- aerial refueling, which gives the Pen- their leadership. They are both great CROMBIE). He is the ranking member of tagon the option to either purchase or Americans. They both served their our subcommittee. He is an out- lease those planes that we need. Long- country in military combat. They both standing American. He has been in- range bombers. We add about $100 mil- understand as much as anyone else in volved in every aspect of the develop- lion for the next generation of the this body what this bill is all about. It ment of this portion of our bill. He is a manned bomber, and we will see to it is an honor and a privilege for me to quiet man, who never speaks his mind; serve with both of them. And I know that a number of B–2s will be kept in but all of us love him because, in the the inventory that would have been ex- my colleagues on the Committee on end, we know that he means well by Armed Services and in this body under- pired. those soldiers, sailors, Marines, and stand and appreciated the leadership of So, again, we are not doing every- corpsmen who this bill is written to both of these outstanding individuals. thing that I think any of us would like So this bill is about their leadership support. to do; and, quite frankly, I very much Mr. Chairman, I thank our colleagues in helping us mold a bill that will pro- regret the Committee on Rules not al- and urge a ‘‘yes’’ vote on the bill and vide the support for our patriots. In our lowing an amendment to be put on the again thank our two leaders for their subcommittee, the Subcommittee on floor so that every Member of this body great work. Tactical Air and Land Forces, we in- could vote whether or not we are going Mr. SKELTON. Mr. Chairman, I yield creased funding, with the help of our to have another round of base closures. 3 minutes to the gentleman from Mis- two patriotic leaders, by almost $2 bil- I think it is a particularly bad idea and sissippi (Mr. TAYLOR), the ranking lion. And where do we put that money? a particularly bad idea when our Na- member on the Subcommittee on Pro- We put $600 million of it into addi- tion is at war. jection Forces. I very much regret that the demo- tional authorization for M1 tanks and Mr. TAYLOR of Mississippi. Mr. cratic process will not be given an op- Bradley Fighting Vehicles, because Chairman, I regret that my Republican they did so well in the recent battles in portunity to express itself. I hope the colleague, the gentleman from Mary- Iraq. We put $200 million of extra Committee on Rules will change their land (Mr. BARTLETT), is not here, so I money to maintain our ammunition in- mind between now and tomorrow. hope I do not steal his thunder. From dustrial base, vitally important for our The CHAIRMAN. Does the gentleman the Subcommittee on Projection capabilities for the future. from New Jersey (Mr. SAXTON) request Forces, we have done a number of On the F–22 program, we kept the au- unanimous consent to control the time things for America’s industrial base; thorized amount at the level requested on behalf of Chairman HUNTER? by the Air Force and DOD; but we per- but, more importantly, we have done a lot of good things for the men and Mr. SAXTON. I do, Mr. Chairman. formed our legitimate role of over- The CHAIRMAN. Without objection, sight, and we said to the contractors in women who serve our country. It is un- conscionable to send them out to sea in the gentleman from New Jersey (Mr. the Air Force, you are not making SAXTON) is recognized. enough progress on the software for old ships, old helicopters, and old planes. So we do take some steps to ad- There was no objection. this vital aircraft; and until you do, we Mr. SAXTON. Mr. Chairman, I yield are going to fence a portion of this dress those needs with this bill. I regret that we really do not do such time as he may consume to the money. Because as stewards for the gentleman from Colorado (Mr. taxpayers, we must make sure that the enough. We are now down to a fleet of HEFLEY). This year, for the first time money we spend is, in fact, spent in the about 300 ships. And at the rate we are in the new subcommittee laydown, the most cost-effective way possible. going, we are on our way to a fleet of Mr. Chairman, we also put $1.7 billion 140 ships. Fleet age used to be about 30 chairman and the committee members in the legislation for the Future Com- years. We are now down to keeping decided to combine the Subcommittee bat System in transition of our Army, them for about 20, and we are only put- on Readiness and the Subcommittee on and we provided multiyear procure- ting 7 in the budget. So quick math Military Construction as part of the ment for the E–2C and the F–18, as well tells you if you are going to build 7 new configuration. The gentleman as the C–130J. ships a year, and only keep them for 20 from Colorado (Mr. HEFLEY) has a com- Mr. Chairman, this bill will not be years, you are down to a 140-ship fleet. mittee report on this new sub- perfect to each one of us individually; I hope we can turn that around. We committee. but collectively, as we come together have not had much help from this ad- Mr. HEFLEY. Mr. Chairman, I thank as 60 Members of the committee and ministration. Quite frankly, we did not the gentleman for yielding me this 435 Members of the House, it is a bill have much help from the previous ad- time, and I rise today in strong support that we all can support, a bill that ministration. And I do think a navy is of H.R. 1588, the National Defense Au- would do what needs to be done to sup- important for force projection, so I do thorization Act for fiscal year 2004. port those brave patriots who are think the Congress needs to pay more We have all witnessed our military today serving our Nation. attention to that. success in Afghanistan and Iraq and in In addition, on some of the more con- We authorized three DDG–51s, one the rest of the world. These successes tentious issues involving cooperative LPD–17 advanced funding, two T–AKE are a tribute to the quality of our

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.067 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4405 servicemembers as well as to the im- assume a worst-case scenario in which As the ranking member of the Sub- portance of realistic and frequent mili- no U.S. forces could be permanently committee on Terrorism, Unconven- tary training. The act contains three stationed outside the United States. tional Threats and Capabilities, I be- environmental provisions that will en- The act uses the base force, a slightly lieve the committee’s work, the legis- sure the military’s continued ability to larger force than we have today, as the lative product before us, is on the train in realistic scenarios without ne- force baseline because it represents the whole a solid proposal. At a time when glecting the military’s commitment to level to which we might reasonably ex- our Nation’s military is being called be responsible environmental stewards. pect the United States military to upon to make greater than normal sac- The act amends the Endangered Spe- surge to meet a future crisis or to rifices, this bill in my estimation rep- cies Act, the Marine Mammal Protec- change or a change in threats facing resents a step in the right direction, tion Act, and reauthorizes the Sikes our Nation. for I have seen firsthand an example of Act. I will speak to these environ- Finally, H.R. 1588 requires the Sec- this personal sacrifice in traveling mental provisions as we go on during retary of Defense to establish an ‘‘early around the world to Afghanistan and the course of the next few days when off’’ list of military installations that other places. those subjects come up, but I think are critical to our national defense. I recognize the importance of pro- these are very important provisions. This list would include at least one- viding a truly bipartisan authorization H.R. 1588 also recognizes that the half of all U.S. installations and would package in order to maintain a second- military services will face real chal- spare many communities the worry to-none military. Towards this end, the lenges as personnel and equipment re- and cost associated with the BRAC Subcommittee on Terrorism, Uncon- turn home from the war. The level of process by allowing their early removal ventional Threats and Capabilities au- effort necessary to resurge this equip- from the list of facilities that the thorized increased spending on ment at our maintenance depots will BRAC Commission may consider for DARPA, chemical and biological de- be extraordinary. So the act recognizes closure. In other words, there are some fense measures, and at the Special Op- this and adds funding to the key readi- bases that absolutely the Defense De- erations Command. I applaud the gen- ness depot accounts in order to take partment cannot do without. They tleman from New Jersey (Mr. SAXTON) care of this problem. This act rec- know it. They know what these bases for his leadership for the ultimate ap- ommends an additional $680 million for are. They know they are not going to proval of these issues. active and reserve depot maintenance, be on the closure. For pity sake, get That said, I would like to address a an unprecedented but vital funding in- them off the list and spare these com- few less-than-impressive measures con- crease. munities. And this amendment would tained in the portion of the bill that I am disappointed the military serv- do that. pertains to the Subcommittee on Ter- ices have allowed funding to slip to an H.R. 1588 will make real improve- rorism, Unconventional Threats and unacceptably low level during these ments in U.S. military readiness and Capabilities. For starters, this bill re- times, and I hope the military services ensure the continued strength of U.S. duces funding for information tech- take advantage of the circumstances Armed Forces for years to come, and I nology or IT programs by as much as $2 that have allowed the committee to urge my colleagues to join me in sup- billion to fund in some cases initiatives add such a large increase and urge the porting this act. perhaps more suited for the conflict of Department to avoid getting itself into Mr. SKELTON. Mr. Chairman, I yield yesterday rather than those of tomor- this situation in the future where such 3 minutes to the gentleman from Mas- row. large increases from Congress are nec- sachusetts (Mr. MEEHAN), the ranking I am particularly concerned about essary. member of the Subcommittee on Ter- the nature of the proposed cut to the This act also provides an additional rorism, Unconventional Threats and Navy-Marine Corps Internet. In my $180 million for maintenance-related Capabilities. mind, the depth and breadth of the IT repair parts or flying hour spares to Mr. MEEHAN. Mr. Chairman, I thank cuts represents a stunning rec- support readiness missions. This act the ranking member, the gentleman ommendation, given that our mili- also takes the unprecedented step of from Missouri (Mr. SKELTON), for yield- tary’s complete transition into the in- funding every unfunded requirement ing the time. formation age is well under way. identified by the commandant of the Mr. Chairman, I rise to speak on the Mr. Chairman, I sincerely hope that United States Marine Corps. Department of Defense authorization as this legislation moves forward that In addition to readiness issues, I bill, and let me first of all say that I much work can be done in the con- would like to address the Military Con- am concerned the technical corrections ference committee, because, as of struction and Base Realignment and amendment aims to rewrite the Endan- today, I believe this bill is a flawed Closure, the BRAC, process. Once gered Species Act and the Marine bill, and I hope that we are open to op- again, the Department’s budget request Mammal Protection Act, two critical erating, as we move further, in work- for military construction and family environmental laws. ing with the conference committee to housing fell far short of meeting the correct these flaws. 1415 services’ needs. To address some of the b Mr. SAXTON. Mr. Chairman, I yield greatest readiness and quality-of-life The House Committee on Armed myself such time as I may consume. shortfalls, H.R. 15888 includes $9.8 mil- Services marked this bill up in a ses- Mr. Chairman, I rise in strong sup- lion in military construction and fam- sion that lasted over 24 hours. We de- port of H.R. 1588, the National Defense ily housing, which is a real increase to bated issue after issue, and we raised Authorization Act for Fiscal Year 2004. the President’s budget of more than serious concerns about the Depart- Last week, the Committee on Armed $400 million. ment’s efforts to effectively eliminate Services approved this bill by a vote of H.R. 1588 also includes a number of the Civil Service system and to gut im- 58–2, continuing the committee’s tradi- commonsense improvements to exist- portant environmental protections. tion of bipartisanship in addressing the ing base closure laws. First, H.R. 1588 While the debate certainly was conten- defense needs of this Nation. The bill establishes a force structure floor. U.S. tious, it was an open debate. contains several initiatives that will forces are already under severe strain, Today we are faced with a much dif- aid the armed services and the Federal and this provision would prevent fur- ferent scenario. Amendments to re- Government as a whole in the ongoing ther cuts that could further damage store Civil Service protections and pro- war against terrorism and contains military readiness. tect the environment were not made in several promising provisions which will Second, the bill requires that the 2005 order. A rewrite of major environ- help to transform the military services BRAC round result in a basing plan mental laws was included in the man- into the condition in which they need that is capable of supporting the base ager’s amendment. I did not get an op- to be for the future. force, a modest but capable level of portunity to speak on the rule, but I I have the honor of chairing the first forces that was crafted immediately believe strongly that the rule that was standing committee in this House de- following the Cold War. In creating the passed by this House makes a mockery voted exclusively to defending from the basing plan, DOD would be required to of the deliberative process. terrorist threat, the Subcommittee on

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.069 H21PT1 H4406 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Terrorism, Unconventional Threats fective force that did a great deal. Mr. SKELTON. Mr. Chairman, I yield and Capabilities. As many in this body They are made up of Navy Seals, Army 3 minutes to the gentleman from Texas know, I worked for many years toward Rangers, Green Berets. There is an Air (Mr. ORTIZ), the ranking member of the the establishment of such a sub- Force unit located at its permanent Subcommittee on Readiness. committee, and I thank the gentleman base here in Herbert Field in Texas, (Mr. ORTIZ asked and was given per- from California (Mr. HUNTER) for his and we are standing up new Marine mission to revise and extend his re- wisdom in bringing this idea to fru- units to act in concert with the Special marks.) ition. Forces groups. Mr. ORTIZ. Mr. Chairman, I rise in I believe our subcommittee has al- This year we believe that they are so support of H.R. 1588, the National De- ready proven its worth, and we plan to important that we are increasing the fense Authorization Act for Fiscal Year do much more in the weeks and months funding allotted for Special Forces by 2004. to come. 33 percent, from about $4.3 billion to I want to specifically address the pro- The subcommittee’s ranking mem- about $6 billion. This is important, and visions of the act relating to military ber, the gentleman from Massachusetts we recognize the wonderful job they readiness. (Mr. MEEHAN), and I have worked hard have done. I will not go on to describe First, I thank my colleagues on the together to explore a multitude of their methods of operation and the subcommittee and the full committee ways to provide the Department of De- kinds of things that they do because it for the manner in which they partici- pated in the business of the sub- fense with the capability to defeat and would in some ways perhaps inhibit committee this session. defend against terrorists at home as their capabilities, but suffice it to say I also want to express my apprecia- well as abroad. they are extremely important to to- tion to the gentleman from Colorado I will be the first to acknowledge day’s war on terrorism. (Mr. HEFLEY) for his leadership and ex- that we are off to a good start, but we In addition to the groups that I list- ample in developing the readiness por- have a long, long way to go before we ed, there are some folks that do some tion of the fiscal year 2004 National De- are satisfied that we on this committee other special kinds of jobs that are also fense Authorization Act. We were on an and in the Congress have done all we in the Special Forces. Civil operations, accelerated pace this session, and there can to protect our country against the for example. During a fight, is it im- were many issues that we were unable scourge of terrorism. There are many portant to try to bring along the peo- to address. areas to address and so many good ple, the population within whom our Additionally, this authorization act ideas abound that in some ways it is Special Forces are working? Of course is based on a peacetime bill request difficult to know where to concentrate it is. We have civil operations units to from the administration that did not our efforts. However, several enduring do that. We also have communicators address many of the known reconstitu- themes have appeared since the estab- known as psychological operators who tion or post-conflict requirements. Our lishment of our subcommittee, all of are part of the Special Forces, and they dedicated military and civilian per- which are addressed in some measure do a wonderful job in communicating sonnel continue to do their part in pro- in this bill. messages to the people in the theater tecting the security of this great Na- For example, we learned that the of operation. tion. We are obligated to do our part. best way to fight terrorism is to keep Last week I had an opportunity to go Mr. Chairman, while I am concerned terrorists as far from our shores as pos- to Walter Reed Hospital and visit some that this act does not provide all that sible. I believe the Special Operations of our wounded soldiers. There were I would like to see in the direct readi- Command is our best weapon for this some special operators who had been ness accounts, I am more distressed mission. This bill bolsters the bill’s ca- wounded as well. They are great peo- over the process. pabilities in several areas. ple, and to the person when I asked First, there were issues that should Let me just say this about the Spe- them what it is that they would wish have been addressed in the Sub- cial Operations Command. The defense most about their future, they said I committee on Readiness that were pre- of our country in the new war on ter- would like to get out of this bed and go sented during the full committee rorism is a many-fold type of defense, back to my unit. They are great peo- mark. I speak especially about the en- but for the purposes of this conversa- ple, and my hat is off to them for the vironmental provisions and the civilian tion, let me just separate it into two great job they do under the leadership personnel provisions that were inserted parts. The area of homeland security is that we have provided them. in the chairman’s mark. Most trou- important; and, to that end, this Con- There are also emerging issues in- bling to me are the broad changes dis- gress and our government have estab- volving the role of the National Guard. mantling the safeguards in the civilian lished a new Department on Homeland We are working on these questions personnel system. Many of the changes Security. It is important. It works here with the new Assistant Secretary of are based on the homeland security within and close to the borders of the Defense for Homeland Defense and will model that has not been implemented United States to put in place defensive involve the Department of Homeland yet. This bill would extend these exper- measures as well as measures that will Security and the National Guard in the imental rollbacks to the more than help us react properly should a ter- resolution of these matters. 700,000 Department of Defense civilian rorist attack occur. There is need for more and better and employees who performed tremen- The second part, and perhaps at least cheaper chemical and biological detec- dously during Operation Enduring from my point of view an equally im- tors and countermeasures of various Freedom and Operation Iraqi Freedom, portant part of the task, is the offen- sorts. To meet this need, we have es- a performance that we acknowledge. sive and defensive capabilities offered tablished a chemical and biological ini- There is no doubt in my mind that to us through the Special Operations tiative fund to allow promising ideas to additional changes are needed to the Command. In both Afghanistan and compete for funding. civilian personnel management sys- Iraq, an immense part of the effort Mr. Chairman, I could go on for a tem, but that does not include whole- went largely unnoticed by the Amer- long time and talk about the activities sale removal of safeguards that ensure ican public. We embedded reporters, of the subcommittee and the things access and fair treatment for those hundreds of them, within the ranks of that we oversee. The gentleman from dedicated civilian personnel who, like our troops, and each day on television Massachusetts (Mr. MEEHAN) men- their military colleagues, also serve. we could watch as we progressed in the tioned information technology which is Second, for the first time in my long desert. critical. We are trying to get our arms tenure here in the House and on the A lady back home said, why did the around that. Committee on Armed Services, I am American Department of Defense de- I strongly encourage all Members to concerned about the partisan nature of cide to put the Special Operations support H.R. 1588. This is an excellent the committee and its deliberations Command on television? I said, ma’am, bill that should receive the over- during the mark. We have debated we did not. You did not see what they whelming support of this body. many contentious issues in the past, did. But suffice it to say in this con- Mr. Chairman, I reserve the balance and I see no reason why I should be- versation, they were an extremely ef- of my time. lieve that the future will be different,

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.071 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4407 but I trust that in the future we will remains safe and reliable even as the sonnel, reduces out-of-pocket expenses remember that the legislative process weapons in that stockpile age well be- for housing, and eases the financial is a consultative process in which com- yond their designed service lives. The burdens when reservists are mobilized. promise among the parties is key to committee’s recommendation also Mr. Chairman, I had the privilege of crafting some policy that would have a funds at the budget request several accompanying Chairman DAVID HOBSON lasting effect and that it can only take programs of special interest. Specifi- and four other Members of Congress on place in an environment where mutual cally, this includes the robust nuclear a visit two weekends ago to the Middle respect and bipartisanship is the norm. Earth penetrator, the advanced con- East where we received briefings in Ku- Mr. Chairman, I support this act and cepts initiative, and the enhanced test wait and Bahrain and Baghdad. I notice will vote for it. On balance, it is not a readiness program. The report also in the gallery we have got represented bad start. It contains a lot of things contains a provision that would repeal here members of all of our armed serv- that I am convinced are needed to per- the prohibition on low yield nuclear ices who are watching with great inter- mit the Department of Defense to per- weapons research. These actions will est the things that we do and the form its national security mission, but allow the defense nuclear complex to things that we say about this defense I do not want us to forget that signifi- better respond to new and future mili- authorization bill here. I would like to cant work still needs to be done. tary requirements. share with you and with them in par- I urge Members to support this bill. To quickly shift gears to an issue ticular some of the comments that I b 1430 close to my heart, I am pleased to say heard from our men and women in uni- Mr. SAXTON. Mr. Chairman, I yield that the committee was able to include form on that recent trip two weekends such time as he may consume to the an additional $147 million for Army ago. They were particularly proud of the gentleman from Alabama (Mr. EVER- aviation training to fully fund the job that they had done in winning this ETT), chairman of the Subcommittee Army’s Flight School XXI program. war in record time, with minimum on Strategic Forces. Flight School XXI incorporates a new (Mr. EVERETT asked and was given training syllabus derived from lessons losses; but they were not happy be- permission to revise and extend his re- learned from Kosovo’s Task Force cause they were asked to transition marks.) Hawk. Aviation students were being from war fighters to peacekeepers. Mr. EVERETT. Mr. Chairman, the sent to operational units undertrained. That is one of the areas where I think bill reported out by the committee sup- To address this dilemma, Flight School we have a lot of work to do, Mr. Chair- ports the administration’s objectives XXI provides students with more flying man, in terms of making sure that we while making significant improve- hours in their ‘‘go to war’’ aircraft and are mindful of the role that our men ments to the budget request. The re- calls for greater utilization of modern, and women in uniform play in terms of cent conflict in Iraq dramatically dem- state-of-the-art training simulators. transitioning them from having just onstrated the effectiveness of emerging Improved pilot and crew training is fought and won a war to the role of military technologies and at the same needed, and I firmly believe that Flight peacekeeper. Several times they made time validated the requirement to sus- School XXI will better prepare Army mention to me that they were happy to tain and upgrade the Legacy Force. aviators for real-world flying situa- be involved in combat for this country, The committee’s report strikes a bal- tions. but they felt that their role as peace- ance between future investments and I would also like to pay tribute to my keepers should be best done by some- near-term priorities. ranking member, the gentleman from body else. They mentioned the United In the area of missile defense, the Texas (Mr. REYES), for the great work Nations and other alternatives. They committee’s bipartisan recommenda- he has done on these complex issues felt that being warriors they were not tion provides the full $9.1 billion re- and to both the majority and the mi- suited to become traffic cops imme- quested by the administration, but nority staffs for their long hours and diately after a conflict. They did not shifts $282 million from longer-term hard work they put in on the issues be- have an interest in being city guards or and less well-defined objectives to fore the subcommittee. maintainers of infrastructure or any of nearer-term priorities, particularly in Mr. Chairman, the committee’s rec- those kinds of things. Frankly, those the area of theater missile defense. No- ommendation addresses administration are the kinds of issues that I hope as tably, it provides $20 million for im- objectives, Defense Department un- members of this committee and Mem- proved Patriot IFF, identification, funded requirements, and Member pri- bers of Congress, we do a better job at friend or foe, to address friendly fire in- orities. I urge my colleagues to support doing this. cidents in Iraq. It also supports the this important legislation. In conclusion, Mr. Chairman, these President’s program to achieve an ini- Mr. SKELTON. Mr. Chairman, I yield are the same men and women in uni- tial defensive operational capability in 3 minutes to the gentleman from Texas form that later on in this authoriza- fiscal year 2004 by expanding the Pa- (Mr. REYES), the ranking member of tion we are going to be talking about cific missile defense test bed. the Subcommittee on Strategic Forces. an amendment that would conceivably In the area of military space, the Mr. REYES. Mr. Chairman, I thank put them on the border as peacekeepers committee’s recommendation acceler- the gentleman for yielding me this or law enforcement personnel. I hope ates the next generation of satellite time. I am proud to be here to rise in that every Member of Congress remem- communications and navigation capa- strong support of the National Defense bers that these men and women have bilities which have so recently allowed Authorization Act. In doing so, I would done us proud. Let us do them proud by our military forces to act with unprec- like to thank the gentleman from Cali- keeping them focused on their role. edented speed and precision. It also fornia (Mr. HUNTER), the gentleman ANNOUNCEMENT BY THE CHAIRMAN provides additional funds for oper- from Missouri (Mr. SKELTON), and in The CHAIRMAN. The Chair would re- ationally responsive space launch to particular the gentleman from Ala- mind Members to refrain from ref- shorten launch preparation times from bama (Mr. EVERETT), chairman of the erencing occupants of the gallery. months and years to days and weeks. Subcommittee on Strategic Forces, Mr. SAXTON. Mr. Chairman, I yield 2 Given the increasing importance of and both staffs for their hard work and minutes to the gentleman from Cali- space to both the United States and po- the great work they have done in order fornia (Mr. CALVERT), whose congres- tential adversaries, the committee rec- to report out of our subcommittee to sional district includes Camp Pen- ommends increased funding for space the committee on issues that at times dleton. surveillance activities. The commit- can be very contentious for all of us. Mr. CALVERT. Mr. Chairman, I rise tee’s recommendation provides for the While I am concerned that this bill in strong support of H.R. 1588. As we sustainment and life extension of our contains a few very dangerous provi- have done in our recent successes with strategic nuclear deterrent, which will sions, especially related to civil service our fine troops, sailors, Marines, air- remain a cornerstone of our national reform, I believe that this bill makes men, they have done a fantastic job. security posture for years to come. strides to help our men and women in The reason they have done such a great It provides the funds necessary to en- uniform. This bill allows for an average job, Mr. Chairman, is because their sure the Nation’s enduring stockpile pay raise of 4.1 percent for all per- success is dependent upon training.

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.072 H21PT1 H4408 CONGRESSIONAL RECORD — HOUSE May 21, 2003 The motto is ‘‘train as you fight.’’ I There was no objection. thorization bill is a courageous under- want to congratulate all of our people Mr. BARTLETT of Maryland. Mr. taking that strikes an appropriate bal- at all our military bases of the fine job Chairman, I yield such time as he may ance between modernizing our existing that they do at managing those bases consume to the gentleman from Cali- forces and investing in next-generation in spite of difficulties of increasing bu- fornia (Mr. MCKEON). capabilities that will empower the U.S. reaucracies and restrictions to provide Mr. MCKEON. Mr. Chairman, I rise military and strengthen our national such training. In spite of that, they today in strong support of H.R. 1588, security. I strongly urge adoption of have done as good a job as they can. the National Defense Authorization this legislation. Not only have they succeeded in pro- Act for Fiscal Year 2004. First and fore- b 1445 viding that training, but they have most, I would like to thank our troops, done a wonderful job in conserving our the troops of the United States Armed Mr. SKELTON. Mr. Chairman, I yield natural heritage. Forces, for their sacrifices and their 2 minutes to the gentleman from Ar- In my own home State of California, outstanding work in Operation Iraqi kansas (Mr. SNYDER), the ranking Camp Pendleton, I cannot think of an Freedom, as well as in our ongoing member on the Subcommittee on Total area that has done a better job in pre- fight in our war against terror. I also Force. serving the heritage of Southern Cali- commend our Commander in Chief, Mr. SNYDER. Mr. Chairman, I want fornia. You can go down Highway 5 and President George W. Bush, for his lead- to acknowledge the presence of our look upon Camp Pendleton, a part of ership during recent operations, as well pages here today. I have a page from California that you do not see today. as in the rebuilding of a free Iraqi na- my district, Maggie Hobson, and their As a matter of fact, they have done tion. I recognize Secretary of Defense last day is June 6. So over the next such a fine job, the old motto goes, the Donald Rumsfeld for managing along couple of weeks if the Members have other motto, ‘‘no good deed goes with his team including Chairman of not said hello to them and thanked unpunished,’’ that many people try to the Joint Chiefs General Ryan and them, this would be a great time to do restrict our Marines in training the Field Commander General Tommy it. way they fight. Right now of the many Franks for managing our troops in a I want to thank the gentleman from miles of beach front along Camp Pen- very successful military campaign and New York (Mr. MCHUGH), our sub- dleton, I believe it is close to 40 miles, also Secretary Rumsfeld for his vision committee chairman, for his leadership only 500 yards can be used for training for the transformation of the U.S. mili- in defense issues. It has been a pleasure along that beach front. We have to tary into a more powerful and more ef- working with him and other members make believe that there are foxholes ficient military force. Finally, I ex- of the Subcommittee on Total Force. I there. We have to put these young Ma- press deep respect for my friend, House also want to thank the gentleman from rines in buses and ship them to another Armed Services Committee Chairman California (Chairman HUNTER) and the location. They cannot train as they DUNCAN HUNTER, for his leadership in gentleman from Missouri (Mr. SKEL- fight. We want to do just some modest bringing this authorization bill to the TON), ranking member, for their con- modifications in this legislation which floor. I appreciate his respect and his tinued leadership. would allow our military, as I said, to responsiveness to all of the members of While I support and hope to support train as they fight. the committee, along with our ranking H.R. 1588 in its final form, the National This is the right thing to do, Mr. member and his sidekick IKE SKELTON. Defense Authorization Act for Fiscal Chairman. This is a good bill. This is Mr. Chairman, the bill before us bal- Year 2004, I am very disappointed in going to provide the kind of training ances the need to address today’s na- the manner in which this bill was that those young men and women de- tional security threats while preparing brought to the floor. We have had serve. I would urge everyone to support for tomorrow’s challenges. It imple- many contentious issues come before this legislation. ments lessons learned from recent con- the Congress on defense over the years, Mr. SKELTON. Mr. Chairman, I yield flicts and addresses ongoing concerns but we have usually approached these 2 minutes to the gentleman from Illi- by appropriately increasing funding for in a deliberate and thoughtful process nois (Mr. EVANS), a member of the critical capabilities such as heavy which allowed for the consideration of Committee on Armed Services. armor, precision guided munitions, many different viewpoints both for and Mr. EVANS. Mr. Chairman, this leg- against, helping develop a sound and islation is vital to continuing our mili- deep strike capability, airlift, and mis- sile defense. H.R. 1588 incorporates thoughtful final product. tary readiness to further the war on But the committee broke with that terrorism and provide for the defense of needed policy, personnel, and proce- tradition this year and included provi- our homeland. This bill also gives our dural reforms at the Department of De- sions that made wholesale changes to troops and their commanders the tools fense, including modernizing the De- current systems without benefit of necessary for the 21st century partment of Defense management sys- thorough hearings or in-depth analysis warfighting. Further, this legislation tem, which is imperative to national of the information and proposals that strengthens our Armed Forces, which security and the retention and recruit- were provided by the Department of so aptly demonstrated their effective- ment of civilian personnel. Defense. Unfortunately, the decision to ness and survivability in Iraq. Also, the bill addresses environ- I was pleased to hear the previous mental concerns. While we must be re- proceed on this path has distracted speaker talk about Camp Pendleton. I sponsible stewards of our environment, from the numerous very good provi- am a former Marine. Camp Pendleton it is troubling when military officers sions that were included that improved is important to the Marine Corps, and return from operations and report that the quality of life for our military per- it is a key base that we have had for their ability to train for operations is sonnel, retirees, and their families: an many, many years. I believe that even far from ideal due to environmental average 4.1 percent pay raise, a reduc- a modest increase in funding can help issues affecting their mission profile. tion in out-of-pocket housing expenses, it immensely. This legislation authorizes approxi- equity in certain reserve hazard pays, I urge my colleagues to support these mately $4 billion for environmental and improvements to the military efforts to help our Nation remain protection and cleanup programs while healthcare system. strong and free. I salute Chairman recommending a responsible set of ini- Mr. Chairman, there are items in this HUNTER and ranking member SKELTON tiatives intended to restore the balance bill that are excellent, but there are and their staffs for their hard work on between protecting the environment also items in this bill that should have this legislation. and military readiness. had greater thought and reflection. I Mr. BARTLETT of Maryland. Mr. Additionally, H.R. 1588 authorizes hope that we will continue our efforts Chairman, I ask unanimous consent to better pay and benefits for U.S. to improve and strengthen this bill on manage the time of the chairman of servicemembers by providing a 4.1 per- the floor over the next 2 days. We are the Committee on Armed Services. cent pay raise as well as an additional all proud of our men and women and The CHAIRMAN. Is there objection increase of allowances to cover the 96.5 their service to our country. Surely we to the request of the gentleman from percent of all housing costs. Finally, can produce a defense authorization Maryland? Mr. Chairman, the fiscal year DOD au- bill that all of us, Americans all,

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.076 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4409 Democrats and Republicans, can be ducting operations of the type we have Missouri (Mr. SKELTON) for yielding me proud of. just concluded in Iraq. These programs this time. The gentleman from California (Mr. include one additional C–17 aircraft for I applaud the efforts of the gen- HUNTER) in his opening statement $182 million; an additional $20 million tleman from Missouri, who has distin- talked about the professionalism of our to sustain a force structure of 83 B–1’s, guished himself on this committee, military and how well they performed 23 aircraft above the level planned; an along with the gentleman from Cali- in Iraq, and I concur in his assessment, airborne tanker initiative of $229 mil- fornia (Chairman HUNTER). I do rise, and he also said it is now our turn. But lion that would give the Air Force the however, with strong reservation, as it is also our turn to work together, flexibility of retaining KC–135E air- was already noted earlier today, about Americans all, on this product; and craft, meeting unfunded requirements the environmental concerns, an issue that has not occurred. I also hope after for depot maintenance for tanker air- with the Spratt amendment on cooper- the conclusion of this bill that we will craft, and/or preparing to, procure or ative threat reduction. Only recently do a very good job of providing over- lease KC–767 airborne tanker aircraft; on PBS we saw the documentary on sight in Iraq and Afghanistan because an additional $376 million for Toma- avoiding Armageddon, and clearly we we must succeed in the peace in those hawk missiles to increase our produc- need that amendment to make sure two countries. tion capacity and procure missiles to that we are able to address this crucial Mr. SKELTON. Mr. Chairman, may I meet the long-term inventory goal of and vital national security interest. inquire about the time remaining on the Navy; an additional $178 million for But my main objection stems from each side, please. the Affordable Weapon, a relatively denying more than 750,000 workers The CHAIRMAN. The gentleman low-cost cruise missile; and an addi- their collective bargaining rights from Missouri (Mr. SKELTON) has 40 tional $100 million bomber R&D initia- under civil service. The other body saw minutes remaining. The gentleman tive for the next generation, follow-on fit not to provide that in their pro- from Maryland (Mr. BARTLETT) has 27 stealth, deep strike bomber. posal. I hope that through the rule or minutes remaining. In addition, the recommended mark through discussion we are going to be Mr. BARTLETT of Maryland. Mr. includes several important legislative able to alleviate that in our proposal as Chairman, I yield myself such time as proposals: first, a multiyear procure- these deliberations go forward. As the I may consume. ment authorization for Tomahawk mis- gentlewoman from California (Ms. Mr. Chairman, before proceeding, as siles and Virginia class submarines; sec- PELOSI), our leader, has often said, our chairman of the Subcommittee on Pro- ond, a limitation on C–5A aircraft re- troops deserve a bill that is worthy of jection Forces, I believe it appropriate tirement until a reliability and re- their sacrifice. It is my sincere hope to first highlight the magnificent serv- engineering program completes testing that through the continued efforts of ice rendered the Nation by the men and and the results of which are reported to these two fine gentlemen, both the gen- women serving in our Armed Forces all Congress; third, an electromagnetic tleman from Missouri (Mr. SKELTON) around the world. We have called upon gun initiative; fourth, a requirement and the gentleman from California (Mr. that the Center for Naval Analysis ini- them and continue to call upon them HUNTER), that allows us to be in a posi- to be ready to make the ultimate sac- tiate several independently conducted tion in a bipartisan manner to support rifice in their service to our Nation. studies on potential future fleet archi- this bill. They continue to meet every challenge tectures for the Navy; and, fifth, a Mr. BARTLETT of Maryland. Mr. with true dedication and commitment. transfer of authorization to advance Chairman, I yield such time as he may We thank all of them for their service, procurement for LPD–17 should Con- consume to the gentleman from Mary- and we thank all Americans for their gress enact appropriations for Toma- land (Mr. GILCHREST), my colleague steadfast support of our servicemen hawk missiles for fiscal year 2003. and very good friend, who is not on our In conclusion, I would like to thank and women. committee but has a very important all of the members of the Sub- History has taught us that we contribution to make to this debate. committee on Projection Forces and in achieve peace through strength. It is Mr. GILCHREST. Mr. Chairman, I particular the gentleman from Mis- not easy to quickly grasp and apply the rise in strong support of H.R. 1588 and sissippi (Mr. TAYLOR), my very good lessons from the ongoing war on ter- urge my colleagues to vote for it. I also friend. Every member of the sub- rorism and Operation Iraqi Freedom. rise, if I may, in support of all the committee was diligent in their com- The National Defense Authorization young men and women who are serving mitment and support to achieve the Act for Fiscal Year 2004 takes impor- in our Armed Forces. I also want to say mission of strengthening our military. tant steps to make our country more that the gentleman from California I would also like to thank the gen- secure. It does so by strengthening our (Chairman HUNTER); the gentleman tleman from California (Chairman military’s ability to project the force from Missouri (Mr. SKELTON), ranking HUNTER) for his leadership and the gen- our Nation requires at almost a mo- member; the gentleman from New Jer- tleman from Missouri (Mr. SKELTON), sey (Mr. SAXTON); and certainly the ment’s notice anywhere in the world by our ranking member. I thank them gentleman from Maryland (Mr. BART- sea and by air. both. I would particularly like to I am pleased to report that the Na- LETT) have brought a fine bill to the thank the staff and particularly the tional Defense Authorization Act for staff director, Doug Roach. When one is House floor. I want to speak briefly to the envi- Fiscal Year 2004 increases the re- a Member, one appreciates the staff. ronmental provisions in the bill here quested authorization for Department When one is a chairman, one really ap- this afternoon. Some slightly unknown of Defense programs within the juris- preciates the staff. I thank them very provision called the Sikes Act has been diction of the Subcommittee on Projec- much. tion Forces by $1.8 billion to nearly $30 The National Defense Authorization in effect since 1960 and has provided a billion. Nearly $400 million of the addi- Act for Fiscal Year 2004 is the product means for our military to conserve fish tional authorization is for programs on of a strong and cooperative bipartisan and wildlife with the fish and wildlife the military service chiefs’ unfunded effort. I urge all of my colleagues to agencies on 25 million acres of military requirements list. support the bill. land across this country; and for the Authorization is included for the ad- Mr. Chairman, I reserve the balance most part they have done quite well, in ministration’s request of one Virginia of my time. some circumstances a magnificent job. class submarine, three DDG–51 destroy- Mr. SKELTON. Mr. Chairman, I yield It has been on this floor today alleged ers, one LPD–17 amphibious assault 1 minute to the gentleman from Con- that we are going to change or degrade ship, and two cargo and ammunition necticut (Mr. LARSON), who is not only or reduce the effectiveness of the En- ships. a member of the Committee on Armed dangered Species Act. This is not true. We have also taken several initia- Services but is the ranking member of There is a provision in this bill that tives to begin to address shortfalls in the Committee on House Administra- authorizes military facilities with co- important requirements of the Depart- tion. operation of the Fish and Wildlife ment of Defense. All of these programs Mr. LARSON of Connecticut. Mr. Service, with National Marine Fishery are viewed as critical enablers in con- Chairman, I thank the gentleman from Service, and the fish and game agencies

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.078 H21PT1 H4410 CONGRESSIONAL RECORD — HOUSE May 21, 2003 of the States to create what is called a gentleman from Missouri (Mr. SKEL- Remember, these are the employees Natural Resource Management plan, TON), ranking member, for their out- who were attacked viciously on Sep- and what that Natural Resource Man- standing leadership in crafting a bill tember 11, 2001, with the terrorist at- agement plan does, it can or it may re- that will provide for our military and tack on the Pentagon. These are the place ESA’s critical habitat designa- the men and women who serve in it the employees who have served so skill- tion. This Integrated Natural Resource resources they need to keep America fully and with such hard work and Management plan is actually more ef- strong in the 21st century. dedication that we honored them in fective than the critical habitat as de- I am pleased with the provisions of our committee last week with a resolu- scribed in the Endangered Species Act the legislation, particularly that dem- tion commending them for their ac- because it is a holistic approach, it is onstrate Congress’s commitment to the tions. an ecosystem approach to those prob- role of submarines as an essential part This section of the bill is one of the lems which threaten an endangered of a strong naval fleet. The authoriza- most radical and risky reforms under- species. It also integrates what the tion of multiyear procurement for the taken in almost half a century; and, military does with off-site private Virginia class submarine will encourage unfortunately, it is being undertaken land. This is an integrated approach. It more rapid and cost-effective produc- with very little real consideration. The is an approach that can be extremely tion of this important system and give first draft of language was presented to effective and the criteria on which the United States Navy new capabili- Congress on April 29, just about 3 these Integrated Natural Resource ties to respond to future threats. weeks ago. We had one hurried hearing. Management plans are based are very b 1500 There was no subcommittee markup of specific criteria to ensure the protec- this language; and no improving The people of Rhode Island have his- amendment was allowed in full com- tion and recovery of species. So this torically played an integral role in sub- legislation improves the Endangered mittee, despite the great length of the marine production, and I am pleased markup at full committee. Species Act. that we will be a part of this important It has also been said that it is going Members should be aware of the rad- aspect of military transformation. ical changes that are undertaken by to reduce the effectiveness of the Ma- I remain concerned, however, with rine Mammal Protection Act under this language. I think we all in this several controversial provisions of the House support our troops. I would hope certain circumstances. This also is not measure that would undermine exist- true, and I understand the disagree- that we also support the civilian work- ing environmental and civil service ers in DOD who are supporting our ment as to the language when one protections. The Department of De- deals with what is harassing a marine troops every day. fense’s legislation recommendations What does this language do? Well, at mammal. What we have done across delivered to Congress only shortly be- best, it throws these careers into great the board is to hold many hearings fore the Committee on Armed Services uncertainty, and, at worst, it could with the Department of Defense, with began its markup requested changes to harm the morale and throw them into Fish and Wildlife, with the National make its civilian employees more com- a situation of favoritism and patron- Marine Fishery Service, with univer- petitive and to enhance military readi- age. sity scientists from as far afield as Ha- ness. Well, if the DOD wants assistance We have an amendment that we are waii, where we visited to look at ma- in these areas, then I believe it is our hoping the Committee on Rules will rine mammals; Woodshole in Massa- duty to work with them toward that allow us to offer. This amendment chusetts, which we visited again to important goal. However, their unprec- would establish a DOD Civilian Em- look at the problems with marine edented effort to alter employment ployee Bill of Rights so that we could mammals. rules for 700,000 workers deserves no make it clear that we are in favor of When we implemented the change of less than extensive and thoughtful dis- flexibility in management in the Pen- the definition, we had two things in cussion, which we, unfortunately, did tagon, that we are in favor of pay for mind: the effectiveness of military not have. performance, but we are also in favor training, which is critical; and en- Furthermore, the broad environ- of basic civil rights for our DOD em- hanced protection for marine mammals mental exemptions in the bill exceed ployees. and an understanding of how we as the needs of military readiness, and, This amendment, for example, makes human beings coordinate our activities unless amended, could pose a serious it clear in plain English, which the text with the world’s oceans. We took into threat to mammals and endangered of the bill does not do, that employees consideration noise. We took into con- species. at the Pentagon and DOD should be sideration resonance, decibels, vari- Mr. Chairman, I hope that we will be free from favoritism or discrimination. ations in sonar. So in places in this leg- able to address these problems during We preserve the veterans’ preference. If islation we are improving the process the upcoming amendment process so veterans do not get preference as Pen- of understanding human activity in the that all of my colleagues will be able tagon employees, where on Earth can ocean by protecting marine mammals to support this measure without res- they get it? and improving the quality of training ervation. We require the Pentagon to bargain for our military. So we have improved Mr. BARTLETT of Maryland. Mr. in good faith. That language is no- ESA. We have improved the Marine Chairman, I reserve the balance of my where in this bill. We preserve such Mammal Protection Act. We have im- time. things as hazardous duty and overtime proved the Sikes Act provision which Mr. SKELTON. Mr. Chairman, I yield pay for these workers. Why were these protects conservation on 25 million 3 minutes to the gentleman from Ten- protections explicitly taken out of the acres of land, and we have improved nessee (Mr. COOPER), a member of the language that is in this bill? We pre- America’s ability to train young people Committee on Armed Services. serve the right to collective bar- that go into harm’s way. And I urge Mr. COOPER. Mr. Chairman, I thank gaining, a fundamental American support on H.R. 1588. the chairman and the ranking member right. Mr. SKELTON. Mr. Chairman, I yield of the Committee on Armed Services So, Mr. Chairman, it is important 2 minutes to the gentleman from for their overall fine work on this bill. that House Members pay attention, Rhode Island (Mr. LANGEVIN), a mem- Due to the shortness of time, I would and hopefully the Committee on Rules ber of the Committee on Armed Serv- like to focus on one, unfortunately, will allow our amendment to be made ices. negative aspect of the bill. It starts on in order so this can be a fairer bill. Mr. LANGEVIN. Mr. Chairman, I page 349. Mr. BARTLETT of Maryland. Mr. thank the gentleman for yielding me I would urge all of my colleagues not Chairman, I yield such time as he may this time. on the committee to pay particular at- consume to the gentleman from Ohio As a member of the House Committee tention to these sections, because they (Mr. TURNER), an expert on civil service on Armed Services, I am very pleased deal with the 750,000 Pentagon civilian regulations, from Dayton, Ohio, the to speak in support of this bill before employees, DOD employees, who are home of a great military base, Wright- us. I wish to thank the gentleman from some of the finest civil servants in our Patterson, where there are a lot of civil California (Chairman HUNTER) and the Nation’s history. servants.

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.080 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4411 Mr. TURNER of Ohio. Mr. Chairman, ment of Defense as part of the work- eradication on military installations in this bill is an important bill because it force. Guam. provides an opportunity for true ref- The McHugh amendment in this pro- Third, the legislation includes two ormation of the Department of Defense vides for a grievance protection system military construction projects for in its effort to go into the new century. in the civil service system. Guam in fiscal year 2004. It authorizes Certainly we have tremendous suc- In short, this bill provides the oppor- $1.7 million for the construction of the cesses that we have seen through the tunity for the Department of Defense Victor Wharf Fender System for our Department of Defense and our civilian to look to the future, while protecting nuclear submarines, and it authorizes employees and our men and women in the rights of civil servants and actu- $25 million for the construction of a uniform. But the opportunity to al- ally giving them opportunities in new medical and dental clinic at An- ways achieve more and to have greater known demonstration projects for derson Air Force Base. efficiencies is there before us. greater achievement. Much could be said, Mr. Chairman, as What we are doing in this bill in the Mr. SKELTON. Mr. Chairman, I yield to the procedures by which contentious area of the civil service is not some- 30 seconds to the gentleman from Ten- aspects of this legislation have ap- thing that is unknown or is specula- nessee (Mr. COOPER). peared, such as the civil service provi- tive. It is based upon demonstration Mr. COOPER. Mr. Chairman, the gen- sions, but, nonetheless I am pleased projects throughout the country, where tleman, my friend from Ohio, realizes that we have taken action to strength- civil service employees who have par- that this bill is being rammed through en the defense of our Nation through ticipated in it have found greater satis- Congress with an absolute minimum of this piece of legislation. faction, greater pay based on perform- discussion. The protections that the I would like to thank the gentleman gentleman makes an effort to ref- ance, greater retention of those em- from California (Chairman HUNTER) erence, such as collective bargaining, ployees who are contributing, a greater and the ranking member, the gen- is not collective bargaining as the Na- feeling that their work actually makes tleman from Missouri (Mr. SKELTON), tion understands it but collective bar- a difference with respect to their suc- for managing this challenging process. gaining as defined in that chapter in cess and certainly the overall success Mr. BARTLETT of Maryland. Mr. that bill, which really gives no defini- of the Department of Defense. Chairman, I reserve the balance of my There have been many things that tion. Ask folks who know about collec- time. have been said over the past debate tive bargaining, and the gentleman will Mr. SKELTON. Mr. Chairman, I yield concerning this that are just abso- find that real collective bargaining 3 minutes to the gentleman from South rights are not preserved in the bill. lutely not true. There have been alle- Carolina (Mr. SPRATT), not only a Mr. SKELTON. Mr. Chairman, I yield gations that collective bargaining is member of the Committee on Armed 30 seconds to the gentleman from not preserved in the bill, but in fact Services but the ranking member on Maryland (Mr. HOYER), the minority the bill specifically references collec- the Committee on the Budget. whip. (Mr. SPRATT asked and was given tive bargaining, and on page 1118, lines Mr. HOYER. Mr. Chairman, I have permission to revise and extend his re- 14 to 15 of the bill before the Com- been working 23 years on civil service. marks.) mittee on Armed Services specifically I was very pleased to hear the observa- set out language requiring collective Mr. SPRATT. Mr. Chairman, I thank tions of the gentleman, who has had 5 the gentleman for yielding me time. bargaining. months experience here dealing with Similarly, the civil rights provisions Mr. Chairman, we are going through this issue. what is basically a pro forma debate are specifically provided in the bill, I agree with the gentleman from Ten- here, because this bill is off limits to both by reference and by specific state- nessee. The only reason to rush this to serious debate. When you cannot offer ment. judgment is because they are unwilling an amendment you are only shadow- The allegations of nepotism are spe- to debate it fully and to have it open boxing about the provisions of the bill, cifically not true. Section 9902(b)(3)(A) for amendment fully. If they had the if you are not really putting in the well and (B) and also the incorporation of 5 courage of the gentleman from Ohio’s the issue itself and letting the House USC 2302(b)(7) specifically prohibit nep- assertions, they would not fear having work its will on the bill, and that is otism. this fully considered and debated. That the situation we have here. Within the area of political patron- is not the case though, I tell my friend. We are seeing procedural devices em- age allegations, the bill specifically Mr. Chairman, I hope we have an ployed by virtue of this rule which says that employees are protected amendment. I hope we are able to dis- keep us from having substantive con- against any actions based upon polit- cuss it fully, at which time we will be sideration for the most contentious ical affiliation. This is language in the able to discuss his thoughts, as the parts of this bill. bill. gentleman indicated, which gives some This bill runs rough-shod over two What is interesting as we listen to rhetorical tip of the hat to those pro- major environmental laws. No re- the debate, as we listen to people that tections. But they ultimately will be in course. This bill dis-establishes the make allegations that say this bill is the discretion of the Secretary and the civil service as we have known it for al- egregious in its impact to employees of management at the Pentagon, not of most 100 years. Virtually no recourse the Department of Defense, their alle- the Congress or the President. gations really go to the extent that I would hope that the gentleman on the floor. This bill takes a provision they would shock your conscience, if would review more closely his asser- that the President of the United States they were true. tions and that perhaps we could discuss requested for funding a very important But they are not true, because, in them at greater length at some time in project under the Nunn-Lugar Act, Co- fact, in the committee 58 to 2 was the the future. operative Threat Reduction, in vote in the Committee on Armed Serv- Mr. SKELTON. Mr. Chairman, I yield Shchuch’ye, Russia, where some 75 per- ices, and the gentleman from Ten- 1 minute to the gentlewoman from cent of the deadly chemical weapons in nessee voted for the bill that includes Guam (Mr. BORDALLO), a member of the the arsenal of the former Soviet Union all of these provisions. Committee on Armed Services. are stored in makeshift buildings with Certainly, if all of these things were Ms. BORDALLO. Mr. Chairman, as a porous roofs under woeful conditions true, the gentleman from Tennessee member of the Committee on Armed that, in my opinion, are security risks. and others would have found it in their Services, I rise in support of the bill be- We have finally gotten everything to- conscience to try to defend them. But fore us. gether so we can move forward with a the reality is they are specifically in- Let me briefly highlight three provi- facility here. The funding is requested cluded in the bill. sions of which I am very proud. by the President of the United States Veterans preferences are specifically First, the legislation increases the to move forward with this facility. And identified and referenced in 5 U.S. number of nominations to a military guess what? We are right at the thresh- 2302(b)(11). The Department of Defense academy that a Delegate may have. old of a significant undertaking that has done a great job in making certain Second, the act authorizes a new 5- matters to our security and the rest of our veterans have access to the Depart- year pilot program for invasive species the world, and this bill hog-ties the

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.082 H21PT1 H4412 CONGRESSIONAL RECORD — HOUSE May 21, 2003 President’s request, hamstrings every- day we begin to destroy chemical weapons sion, only 35 percent of funds for CTR thing that is carefully laid in place, so there. My amendment restores these funds to projects would be available each year until we cannot begin. We cannot use the Shchuch’ye leaving funds for both strategic of- DOD submits the report. This information will money that the President has re- fensive arms elimination and Shchuch’ye at enable Congress to make wise decisions quested. the requested level. about specific CTR programs, without grinding This bill takes $28 million out of that Shchuch’ye represents a wake up call as to important work to a halt, and is in keeping with project and puts it in offensive arms urgency of the problem of proliferable chem- the administration’s request to Congress. elimination, which is fully funded. It ical weapons. In a building that is little more Section 1304 of the bill adds another new then fences another $100 million until than a fortified barn, chemical munitions are restriction: it requires on-site managers at any they can show us that every permit lined up like wine bottles. Department of Energy nonproliferation project needed over the lifetime of the project Shchuch’ye is home to a majority of Rus- in the former Soviet Union. The administration is procured, which is an impossible hur- sia’s weaponized stocks of nerve gas and opposes the requirement, and has noted that dle to clear. sarin. While security there has been upgraded the cost, both in dollars and in diplomatic cap- by the CTR program, the munitions at b 1515 ital, of such a requirement could be prohibi- Shchuch’ye remain portable, and the security tive. In fact, DOE has noted that it already has So that is what is at stake here. That almost certainly penetrable. None of us that strong oversight of its program activities in project, in my opinion, is not as impor- visited left without believing the United States place, which includes frequent visits to sites, tant as the substantive decision to dis- should accelerate the destruction of these mu- stringent contract access and work-perform- establish the civil service, but it is im- nitions, and I was pleased to see the Presi- ance requirements, and close cooperation with portant. It sets a model for how cooper- dent recommended exactly this course in his the U.S. Embassy and DOE Moscow Em- ative threat reduction will proceed in fiscal year 2004 request. bassy Office. Russia. It is the single most important At Shchuch’ye, the United States has com- Section 1305 of the bill is not a fence, but thing we are doing in that realm in plete access to a critical WMD storage site, it would undo an important administration re- terms of ridding that country of chem- where some of the deadliest and most port- quest that the DOD be allowed to spend up to ical weapons which could one day show able chemical munitions in the world are $50 million in prior year unobligated balances up in our subways, on our streets, used housed with minimal security, and the Rus- on WMD destruction outside the FSU, if such by terrorists and rogue states against sians are saying, come on, we’ll work with you work becomes necessary. The committee bill us. to build a facility to destroy the weapons. The mandates that if any such work is to be done, But we will not be able to have a bottom line is this: the chemical weapons it be done by the State Department, with funds free, full, and fair debate about that be- stored at Shchuch’ye represent a critical threat transferred from DOD to State. This is mis- cause the rule that now prevails pre- to U.S. security, and a cut to the President’s guided policy, at odds with both the adminis- vents us from doing that. request for this project is both unwise and un- tration’s request and a bipartisan effort last What I would say, Mr. Chairman, as warranted. year to create such authority. Our amendment one last plea, is that we need a rule My amendment also strikes several new re- strikes section 1305 and restores the Presi- that allows us to work the will of the strictions imposed on the CTR program by the dent’s request. House on this highly important bill. committee bill, found in sections 1303 through Another fence can be found in section 1306, This bill will increase defense spending 1307. which establishes new requirements for any to $400 billion, makes major alloca- In section 1303, the Chairmans’ mark cre- work at biological weapons sites. The adminis- tions within our budget. That is a $110 ates an impossible hurdle for the work at tration did not request oversight at this point, billion increase over the last 3 years. Shchuch’ye or any other CTR project, by re- and new restrictions will likely only slow On a matter of this gravity, of this quiring that all permits ever needed over the progress. importance, we need to have full and lifespan of a CTR project be presented to Finally, section 1307(b) fences $100 million free and fair debate here in the well of Congress before more than 35 percent of the of the President’s request for chemical weap- the House. This should be America’s cost of the project can be obligated. There is ons destruction at Shchuch’ye—that is, of forum, a crucible where we work out literally no way for a planner or program man- what’s left after the $29 million cut in the base important issues like this. The rule ager to reliably envision each and every per- bill—until Russia, or some other nation, puts they have adopted diminishes the stat- mit that might ever be needed to complete up one-third of the total cost of the project. But ure of the House of Representatives. that project. Yet the committee mark says our agreements with Russia for construction at Mr. Chairman, the rule governing today’s funding for any project, new or incomplete, Shchuch’ye require no such percentage-based debate on the fiscal year 2004 defense au- stops at 35 percent of total cost until every contribution. Our agreement specifies a func- thorization act, we are told, is just part one of permit is not only identified, but obtained. Our tional division of labor: Russia builds the infra- two. I hope that in part two we are allowed to amendment restores the President’s request structure needed to manufacture a city next to debate an amendment I offered, together with by striking section 1303 and replacing it with nowhere in the Urals; we construct the chem- ADAM SCHIFF, on behalf of scores of Members a common sense proposal. ical weapons destruction facility. supportive of the President’s request for Coop- I agree with Chairman HUNTER that the De- According to DOD, Russia is meeting its fi- erative Threat Reduction. partment of Defense needs to do a better job nancial obligation at Shchuch’ye, and further, When I testified at the Rules Committee planning for the uncertainties that come with is contributing a significant resources else- yesterday, I filed and sought consideration of doing business in Russia. DOD testified on where to destroy other chemical munitions, in- only one amendment, which I offered with March 4 to the Armed Services Committee cluding blister agents no housed at Representative SCHIFF, who has been active that they have taken specific measures to ad- Shchuch’ye. The Congress already gets reg- on these issues. I can describe our amend- dress the issue. Assistant Secretary J.D. ular updates on funding and international con- ment in very simple terms: it seeks to restore Crouch told the committee DOD has ‘‘insti- tributions to Shchuch’ye. And the administra- the President’s request for the fiscal year 2004 tuted a program of semi-annual executive re- tion testified earlier this year before this com- program. Let me elaborate. views with Russia to re-validate project plans, mittee that it does not need new oversight The President’s request for the Department assumptions, and schedules on a regular measures. Now, with Russia on board and the of Defense Cooperative Threat Reduction basis,’’ and noted that OSD has asked the administration asking to accelerate work at the (CTR) program from fiscal year 2004 totaled DOD inspector general to review how CTR is facility, is not the time to add new and unwar- $450.8 million, and the Armed Services Com- organized, more broadly. The first phase of ranted hurdle. mittee authorized that amount. But don’t be the IG review is already complete. Let me just conclude by saying again, the fooled: the committee bill makes substantial That said, I understand that Congress intent of our amendment is simply to uphold changes to the President’s request for CTR. needs visibility into potential problems, like the the administration’s request. In terms of policy First, the committee bill transfers $28.8 mil- one at Votkinsk, and I have a proposal that and funding, that is what the amendment lion from chemical weapons destruction activi- will give us just that. My amendment would re- does, with the modest exception the account- ties in Russia—work at the Shchuch’ye facil- quire annual notice to Congress of all permits ability provision I mentioned, which should ity—to strategic offensive arms elimination. ‘‘expected to be required’’ for completion of a equip Congress a good tool to enhance its al- The cut of nearly $30 million from the project, and an annual status report on DOD ready vigorous oversight of these programs. Schchuch’ye project will slow construction of efforts to obtain them. To ensure we get this This amendment should win bipartisan sup- this critically needed facility and postpone the information annually, with the budget submis- port, and I hope rule No. 2 for this defense bill

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\K21MY7.083 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4413 will make the Spratt-Schiff amendment in they are the only organization with ex- gentleman for a look at the other side order. pertise in civil service. of this sheet of paper. Mr. SKELTON. Mr. Chairman, I yield Of course, there are some stated col- Mr. TURNER of Ohio. Mr. Chairman, 1 minute to the gentleman from Ohio lective bargaining and civil service it is interesting, hearing the debate (Mr. RYAN), a member of the Com- rights here, but they are all waivable. about this bill, and the issues and op- mittee on Armed Services. They are either waived or waivable. We portunities for debate on the issues and (Mr. RYAN of Ohio asked and was have somehow decided to reform the input for amendments. given permission to revise and extend personnel system for DOD before we re- I serve on the Committee on Govern- his remarks.) form military DOD itself. It mars this ment Reform and the Committee on Mr. RYAN of Ohio. Mr. Chairman, I bill. I hope somehow we are able to fix Armed Services, which this bill went thank the gentleman from Missouri for it. through. We had over 10 hours of com- yielding to me, and I thank the gen- Mr. SKELTON. Mr. Chairman, I yield mittee debate, including consideration 1 tleman for his fine leadership, espe- 1 ⁄2 minutes to the gentleman from of numerous amendments, and 20 hours cially on the ‘‘Buy American’’ provi- Georgia (Mr. SCOTT), a member of the on the Committee on Armed Services, sions that are in this bill that we have Committee on Financial Services. including numerous amendments. Mr. SCOTT of Georgia. Mr. Chair- strengthened, and also the gentleman Clearly, we had a full and exhaustive man, I thank the gentleman for yield- from Illinois (Chairman Manzullo) discussion. No back-room discussions from the Committee on Small Busi- ing time to me. I am delighted to be here. I want to certainly extend my here. This was out in the open, with ness, and the gentleman from Ohio (Mr. full participation and full airing of the HOBSON), as well, the gentleman from commendations to the Committee on Armed Services. This is a very impor- amendments that were presented. Missouri (Mr. SKELTON), for all their One thing we know is that the need help strengthening the ‘‘Buy Amer- tant bill, and I rise to support this measure wholeheartedly and very for this is evident in some of the cir- ican’’ provision. cumstances that we currently have in This is really not a Democrat or Re- strongly. In my district of Georgia, I represent the Department of Defense. Members publican thing; this is a shift from the can look at some of the experiences United States Congress to the execu- Fort McPherson and I also represent Fort Gillam, two very critical bases that have occurred. tive branch to make major decisions. It took the American Federation of Nobody came before the people to say that play an important role. We need to pass this measure as a Government Employees and the Air it was okay. We are losing. The right strong, strong vindication and a way of Force 10 years to bargain over day care to receive a veterans’ preference is showing great appreciation to members centers. Bargaining disputes led to an gone. The right to be free from dis- of our Armed Forces, who put their arbitration hearing, two appeals to the crimination based upon political opin- lives on the line and brought victory in Federal Labor Relations Authority, ion is gone. The right to overtime pay Iraq. But also, as we look ahead into two court challenges, a petition to the is gone. The right to collective bar- the future, we see a time and we see Supreme Court, a Court of Claims case, gaining rights is gone. The right to due issues developing of unknown cer- a decision by the Comptroller General, process, gone; the right to an attorney tainty. and $750,000. if you are fired inappropriately, gone. Let nobody misunderstand: we want Similarly, a case in St. Louis over an We just won a war in less than 100 the world to know that the United annual employee picnic took 6 years days. This is the thanks we give these States of America is going to and must and $275,000. people. We want flexibility. We under- always have the foremost and strong- stand the new global order and we want A dispute over an agency’s decision est military presence in the world. This to close its facilities over a holiday to help. We should pass a bill of rights, bill, H.R. 1588, goes a long measure to which the gentleman from Tennessee weekend and require employees to use doing that. 1 day of leave took 8 years to resolve. (Mr. COOPER) has been pushing. We Also, Mr. Chairman, as one of those These are not issues that should be should pass it, not because we are strong supporters of this measure, I do going to protect the Constitution, not addressed at the expense of national se- want to call attention to this issue of curity. Other agencies have similar because it is a Democratic thing, but civil service, where we are taking away because these ladies and gentlemen in flexibilities that we are providing to the collective bargaining and employ- the Department of Defense, the CIA, the Department of Defense deserve it. ment rights of 700,000 employees. the DIA, the NSA, NIMA, TSA, FAA, Mr. SKELTON. Mr. Chairman, I yield The issue here is not whether we do IRS, Foreign Service, and the GAO. 1 minute to the gentlewoman from the it or not, but the issue is, in this legis- District of Columbia (Ms. NORTON). lative body, is it not our function to The Department of Homeland Secu- Ms. NORTON. Mr. Chairman, I thank ask the questions? This should not be rity has many of the same flexibilities, the distinguished gentleman from Mis- done in the quiet of night in a back including equally broad labor-manage- souri for yielding time to me. I thank room. We are affecting employees, de- ment flexibility. him for his hard work on this bill, fense employees in this country. We What is really important, and the al- which I find for the most part need to ask the question why. Is it legations of what this is doing to em- unexceptional. needed? Is it a matter of national secu- ployees are not true, the basic rights of My amendment essentially from the rity that we allow changes for the Pen- employees are protected. Collective Committee on Government Reform tagon civilian personnel system to bargaining is specifically mentioned in preserving certain appeal rights for De- allow the Secretary of Defense to strip the bill and is a right granted to the partment of Defense civil servants, has from the Department of Defense em- employees, both on a national and been included in this bill. My concern ployees their most basic workers’ local level. is that the Committee on Armed Serv- rights, including collective bargaining, Civil rights are specifically protected ices had thrust upon it an area that due process, appeal rights, and the an- and are referenced in 9902(b)(3)(c), and should not be in that bill. Yet they said nual congressional pay raise? also the ability to have an appeals to deal with it, because that is the way These are very important questions. process. The McHugh amendment pro- the rule works, involving the civil serv- All we ask for is the opportunity to do vided for an appeals process so griev- ice. our job as Congressmen and Congress- ances and disputes can be heard. The What essentially happens in this bill women, to ask the questions, and to bill protects employees’ rights, at the is the establishment of a new and sepa- get the answers. If this is a measure same time providing the flexibility we rate personnel system without basic that must be passed, then we will do so. need as we move into the next century. civil service protection or collective Mr. BARTLETT of Maryland. Mr. Mr. SKELTON. Mr. Chairman, I yield bargaining rights for Department of Chairman, I yield such time as he may 21⁄2 minutes to the gentleman from Defense employees. It is the first time consume to the gentleman from Ohio Maryland (Mr. VAN HOLLEN). we have separated out any civilian em- (Mr. TURNER). Mr. VAN HOLLEN. Mr. Chairman, I ployees in this way in 100 years. We Mr. Chairman, the thinnest sheet of thank my colleague for yielding time have taken OPM out of it, even though paper has two sides, and I yield to the to me.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.033 H21PT1 H4414 CONGRESSIONAL RECORD — HOUSE May 21, 2003 As we have heard, tucked into this needed bill and something that this going to apply to missile defense. They bill, Mr. Chairman, which is so impor- country and our troops need. But at want to deploy it even before they have tant to our national defense, is a provi- the same time, as it relates to those in- proven that it works. sion that I believe could have long- dividuals that we hold up most, those Now the interesting thing is that it is term negative consequences for our civilian employees that are in the De- kind of a fantastical concept, but the military readiness and effectiveness. It partment of Defense, some 700,000-plus Missile Defense Agency has actually is a provision that will rewrite the employees, they are getting ready to be put together, I am not kidding you, a rules for 700,000 civil service employees a part and victim of a political patron- Missile Defense Agency coloring book in the Department of Defense. age situation. which they pass out to schools so they Mr. Chairman, in our committee, the We had an opportunity in the com- can help kids to understand how this Committee on Government Reform, mittee and we have an opportunity, or system, which they do not want to test when the representatives from the De- hopefully we will have an opportunity before it flies, will work. They actually partment of Defense came to testify, on this floor if we can get an amend- have crayons that go with it. I am not they made it clear that our military ment up, to put in this bill directing kidding you. But unfortunately it says success in Iraq was the result of a team the Secretary of Defense to consult ‘‘Made in China’’ on the crayons, which effort, a team effort between the mili- with legal counsel in making sure that means we should color this part Red in tary and between the civil servants we have strong rules against political the book for the Red Chinese that we within the Department of Defense that favors, political pay increases, or what- are going to deploy the missile system provided them the support. It was a ever the case may be. to protect ourselves against. true partnership. I will tell the Members of this Con- Then you reach the next part of the Yet, just a few weeks after our mili- gress throughout all of our districts little coloring book, Ronald Reagan, tary success in Iraq, the Pentagon throughout this country, we do not who we can color red, white and blue, a launched what can only be described as want people at the Supervisor of Elec- great patriot who really believed in a sneak, surprise attack on the rights tions Office changing their party affili- this system. He always did. But unfor- of those civil servants within the De- ation based on the administration that tunately it has yet to be proven to partment of Defense. It is very ironic is serving. work. So that is red, white and blue. that just a few weeks after this body Next we have the ground-based mid- b 1530 passed legislation endorsing the good course defense. Unfortunately, the in- work of public employees, that we If we appreciate and care about these coming missile has to yell ‘‘yoo-hoo’’ at the rest of the world so that it can would take this action that treats employees, the politicalization of the be shot down by the Defense Depart- them so unfairly. Department of Defense is not the place Mr. Chairman, there has been an for it to happen. This is a very serious, ment. So we can color that black. Finally, we have the airborne laser in amendment proposed that would strip serious issue; and I want to make sure the cartoon which is supposed to be on these provisions or change these provi- that the Members of this House are on a plane. But the plane is so weighted sions in the bill. It should be a bipar- full alert that it is very important that down that it cannot fly, so we can tisan amendment, it should be a non- we do not allow individuals to have to, color that gold for gold-plated for the partisan amendment, because other- because they were a part of some cam- paign, that they are now a part of the Defense Department. wise what this bill does is gives the None of this will be debated on the Department of Defense. We want the Secretary of Defense, not just this Sec- House floor, although they have taken best employees there possible; and I retary but any Secretary of Defense, the time to give us a missile defense think it is very, very important that Republican or Democrat down the coloring book so we can all play out Members give strong consideration to road, the unchecked authority to re- here on the floor rather than debate this. write the rules for civil servants within the national defense of our country. the Department of Defense, the rules Please allow the Democrats on this Mr. SKELTON. Mr. Chairman, I yield with respect to hiring, firing, pay, bo- side to be able to put forth amend- 1 minute 40 seconds to the gentle- ments that are going to make this bill nuses. woman from Texas (Ms. JACKSON-LEE). It will greatly damage our security if better. If this career service employ- Ms. JACKSON-LEE of Texas. Mr. we open the Department of Defense to ment bill was so great, if this reform Chairman, I thank the distinguished party politics. We want a personnel was so great, why can it not be a stand- ranking member for yielding me time, system that rewards people based on alone bill? Why can it not be a stand- and I would like to add my apprecia- merit, not based on political favor- alone bill without putting it in the De- tion to the gentleman from Missouri itism. We want, for example, our pro- partment of Defense? Please let us not (Mr. SKELTON) for his continued com- curement officers to be looking out for have to put donkeys and elephants on mitment to this process and the chair- the public interest, to be looking out the canteens on our military bases. man of the committee for his contin- for our national interests, not the in- Mr. SKELTON. Mr. Chairman, how ued commitment and the collaborative terests of the most politically con- much time do I have remaining? efforts that they have made together. nected contractors. The CHAIRMAN. The gentleman I would like to rise to cite that there I strongly support pay for perform- from Missouri (Mr. SKELTON) has 211⁄2 are very important aspects of this bill, ance; but it should be merit-based per- minutes remaining, and the gentleman Mr. Chairman, that I support. It is formance, not a political loyalty test. from Maryland (Mr. BARTLETT) has 13 noteworthy that Fort Hood in Texas Last December we saw the big bonuses minutes remaining. sent more troops to the war in Iraq going to those who were political ap- Mr. SKELTON. Mr. Chairman, I yield than they sent over the last couple of pointees within the administration. 2 minutes to the distinguished gen- wars and particularly World War I, I think this bill, which is so impor- tleman from Massachusetts (Mr. MAR- World War II. So we have a stake in the tant to our national security, should KEY). outcome of treatment of the United not contain this one provision that I Mr. MARKEY. Mr. Chairman, we are States military and the outcome of think will damage our national secu- not going to be debating star wars, the this war in Iraq. rity interests in the long run. missile defense program, out here on So the first order of business would Mr. SKELTON. Mr. Chairman, I yield the House floor. be to thank our troops for their service 2 minutes to the gentleman from Flor- Now I made a request to the Com- and to acknowledge as we go home this ida (Mr. MEEK), a member of the Com- mittee on Rules that they put in order weekend that we will be honoring the mittee on Armed Services. an amendment which I wanted to make dead and celebrating and mourning Mr. MEEK of Florida. Mr. Chairman, which said that the missile defense sys- with their families for the great and ul- I thank the gentleman for yielding tem cannot be deployed until it is prov- timate sacrifice that they gave. That is time to me. en to work. In other words, the old de- why this bill is so important to be ac- Mr. Chairman, I think it is important fense test that you have got to fly be- curate and to be inclusive. for us to remember that this Com- fore you buy. And that applies to every I would have hoped that the gen- mittee on Armed Services bill is a other weapons system, but it is not tleman from Tennessee’s (Mr. COOPER)

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.087 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4415 amendment could have been included. able to come to an agreement about today faces many different challenges, That was responsive to many concerns fencing off funding for the remaining from urban warfare to more traditional of many of my constituents. brigades. We have struck a blow in a air and ground combat to special oper- I also believe it is important to note, couple of cases for better program ations missions and battles with irreg- as I believe General Franks was very management. I am glad to see that the ular forces. Our brave men and women clear in his words to some of us who F–22 cut its cost. We fenced further in uniform have met all kind of visited him in Doha Qatar, that he un- money until its software works the threats. They are committed to pro- derstands Americans stand side by side way as it is promised. tecting our American homeland and to in their support for the troops, but it is The Army’s future combat system fostering democracy and liberty around important that we now begin to focus may be a good thing. It is hard to tell the world. Today, Congress matches in an inclusive way on the aftermath, because its budget structure makes it this commitment with the passage of peace in Iraq, and we have not done hard to evaluate. We changed that H.R. 1588. that. And there is not much, as I un- structure so that everybody can see Mr. Chairman, this bill increases the derstand, in this legislation that deals whether the future combat system will combat capabilities of our Armed with that question. So we have to focus work. Forces with appropriate levels of on that, how the military and Ambas- We are working on some very ad- spending for readiness, procurement sador Bremer work together. vanced systems in all the services. I be- and research and development. It funds Finally, Mr. Chairman, I think it is lieve we have struck the right balance programs such as the M–1 Abrams tank extremely important that we focus on between future forces and our legacy and the Bradley fighting vehicles that the question of making sure that there systems. In funding modernization of are used in current conflicts and trans- is transparency in the contracts for re- our heavy forces, this bill ensures that forms our military to meet the threats building Iraq, more opportunities for we do not sacrifice the real combat ca- of tomorrow with futuristic systems women-owned business, more opportu- pability today for the promise of capa- like the Air Force’s F/A–22 Raptor. nities for small businesses, more oppor- bility in the future. The bill provides funding to make tunity for minority businesses. It is ex- I would like to conclude and I would our homeland safe as well by combat- tremely important. be remiss, Mr. Chairman, if I did not ting terrorism at home and abroad and I hope that we will have the oppor- acknowledge the hard work and long continuing to develop the ballistic mis- tunity to debate these amendments be- hours put in by our committee staff on sile defense system. cause I have small business persons in all levels. Finally, Mr. Chairman, I support my office today wondering why they Mr. Chairman, I would like to close H.R. 1588 because it contains a number have not been exposed to the opportu- by again thanking the gentleman from of benefits for our extremely valuable and often overlooked service members. nities of helping America, helping our Pennsylvania (Mr. WELDON) and all the This bill provides a 4.1 percent pay troops and helping to rebuild Iraq by members of the various subcommittee raise across the services and funds im- the American people. Let us open the with whom I have had the pleasure of portant military family housing prior- doors of opportunity. Let everybody working on this bill. ities. It also improves the TRICARE work for the betterment of this nation. Mr. BARTLETT of Maryland. Mr. system, the survivor benefit program, Mr. SKELTON. Mr. Chairman, I yield Chairman, I yield such time as he may and has several provisions to improve 2 minutes to the gentleman from Ha- consume to the gentleman from Geor- the quality of life for members of Na- waii (Mr. ABERCROMBIE), the ranking gia (Mr. GINGREY), a valued member of tional Guard and Reserves. our Committee on Armed Services. member of the Subcommittee on Tac- Mr. Chairman, we must remember (Mr. GINGREY asked and was given tical Air and Land Forces. that we owe all of our freedoms and permission to revise and extend his re- Mr. ABERCROMBIE. Mr. Chairman, safety to our brave men and women in marks.) aloha. I delighted to see you today. uniform; and I am proud that many of Mr. Chairman, as the ranking Demo- Mr. GINGREY. Mr. Chairman, I them are with us today in the gallery. crat on the Subcommittee on Tactical thank the subcommittee chairman, the I am glad that Congress can help them gentleman from Maryland (Mr. BART- Air and Land Force, I have the distinct in a small way with the passage of this LETT), for yielding me time. pleasure of working with my good bill. friend, the gentleman from Pennsyl- Mr. Chairman, I rise today in strong Mr. Chairman, I urge all of them to vania (Mr. WELDON). I do not believe I support of H.R. 1588, the National De- support this very important legisla- see him on the floor at the moment. I fense Authorization Act for Fiscal Year tion. 2004, and I urge my colleagues to sup- see other good friends from the com- ANNOUNCEMENT BY THE CHAIRMAN mittee. port the bill as well. The CHAIRMAN. The Chair would re- I represent Columbus, Georgia, and I wanted to express my personal ap- mind Members not to reference occu- Fort Benning, the home of the infantry preciation to the gentleman from pants of the gallery. Pennsylvania (Mr. WELDON). His im- as well as NAS Atlanta and Dobbins Mr. SKELTON. Mr. Chairman, I yield pressive familiarity with the details of Air Reserve Base in my home, Mari- 3 minutes to the gentleman from Or- the numerous programs under our sub- etta, Georgia, of Cobb County. egon (Mr. BLUMENAUER). committee purview is one of the major Mr. Chairman, as a first-term mem- Mr. BLUMENAUER. Mr. Chairman, I reasons we are considering a defense ber of the House Committee on Armed appreciate the gentleman yielding me authorization that correctly addresses Services, I am extremely proud of this time and his courtesy in allowing me the hardware needs of the military. legislation for many reasons; and I sin- to speak on this important issue. Our subcommittee held many in- cerely thank the chairman, the gen- I think we are all impressed with the depth, rigorous oversight hearings on a tleman from California (Mr. HUNTER), gravity of the myriad of issues that variety of programs, and I think our the ranking member, the gentleman deal with national defense and secu- adherence to a sound process in this from Missouri (Mr. SKELTON), and all rity. Mr. Chairman, there are a number arena has served our committee, the the subcommittee chairmen, especially of things that I would speak on, but Congress, and the Department of De- my subcommittee chairmen, the gen- there is one in particular that concerns fense very well. tleman from Pennsylvania (Mr. me. I had an opportunity to hear, Mr. While we dealt with significant pro- WELDON) and the gentleman from New Chairman, the chairman of the com- grams in all services, this bill explic- York (Mr. MCHUGH), the ranking mem- mittee reference some of the rationale itly recognizes the importance of a bers, the gentleman from Hawaii (Mr. for short-circuiting the environmental strong Army. The Army has had an up- ABERCROMBIE) and the gentleman from protections that we have come to rely hill fight inside the Pentagon the last Arkansas (Mr. SNYDER) for the manner on that deal with our Department of few years, and I think the recent war in which they have led our committee Defense and under this bill would actu- showed how capable they really are. and for producing a bill that accom- ally be extended to other armies of the I am especially pleased that our bill plishes so many important goals. Federal Government. does no harm to the future Stryker As all Americans have seen over re- There was reference made to Camp Brigades and that the committee was cent months, the American military Pendleton. You saw the map and then

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.116 H21PT1 H4416 CONGRESSIONAL RECORD — HOUSE May 21, 2003 you saw overlays that made it appear Mr. MCHUGH. Mr. Chairman, I thank $291 million necessary to support those as though 57 percent of 125,000 acres the gentleman, my colleague on the increases. were unavailable for training activi- Committee on Armed Services, for We provide for growth in reserve ties. yielding me this time. component full-time support strength. Mr. Chairman, with all due respect, Mr. Chairman this is the 11th year in Military pay raises that average 4.1 we ought to, I know there is no time to which I have had the great honor of percent, continuing this Congress’s, debate it, there is no time to fully be serving on this very august, very im- this government’s commitment and engaged in amendments that would portant committee. And as happens recognition of the understanding that allow the give and take that this body every year, we obviously come to the we need to do better by these brave and the American public and the mili- floor with some disagreements, some men and women in terms of what we tary deserve, but let me just suggest perhaps that cause a great deal of con- pay them. that between now and when we finally troversy and a great deal of conflict Reserve component pay and per- deal with the passage of this legisla- amongst the various Members. But one sonnel policy enhancements that re- tion, maybe we can clear up this one thing that has been most heartening to spond to the needs of the National little item. me with respect to this committee has Guard and Reserve personnel training I have here a map that shows, accord- been the strong commitment on both in that total force. ing to information from the U.S. Fish sides of the aisle, both when my friends Continuation of war-time pays that and Wildlife Service and the U.S. Ma- on the Democrat side were in the ma- were approved in fiscal year 2003 for rine Corps itself, how much has been jority and now when the Republicans members engaged in both Operation set aside for critical habit. It is 840 are in the majority, shared by both Enduring Freedom and Operation Iraqi acres, and I have them outlined here. parties, and that is our interest, our Freedom. According to, again, the judge in place primary commitment to the good, the We have taken steps to open up the here in Fish and Wildlife, it would not welfare of the individuals throughout access to the commissaries and ex- interfere with amphibious landings, 840 the various branches of the United change benefits to better define and acres, not 57 percent, when you went States military, who, as has been seen protect those important benefits and to through and you used the process with so directly, particularly in recent also make them available on a more Fish and Wildlife, with the Department months and years, fought the hard regular basis to reserve component of Defense, with the Marine Corps, fight of freedom wherever the chal- members, those in vital portions of the which actually happened. lenges arose. total force concept. Now, I find, Mr. Chairman, that using As someone who has had the distinct And we have provided a menu of short-circuited activity like this, exag- honor now for 3 years to serve first as health care improvements for the en- gerating the problems, is not helping the chairman of the Subcommittee on tire Department of Defense. us at all. Personnel and now the Subcommittee This is a vitally important bill at one The real threats to military readi- on Total Force, I can say without of the most critical junctures in our ness are here on this map; and they are equivocation that this bill is not just a Nation’s history. And I should say, Mr. encroachment from Oceanside, from good bill; it is absolutely essential to Chairman, in closing, that none of Vista, from Fallbrook, from San the continued welfare, to the continued these great outcomes is achieved in a Clemente. Does this bill have anything interest of those brave men and women vacuum. I want to pay particular words in it that deals with military encroach- in uniform who wear the patch of the of appreciation to the ranking member ment like recently-passed legislation United States military. Because this is on the subcommittee which I have the in the California legislature? No, it is a bill that not only addresses the honor of chairing, the gentleman from silent. It just wants to gut environ- emerging lessons learned from the Arkansas (Mr. SNYDER), who has done mental protections. We have a nuclear global war on terrorism and with the just a great job in both leading and power plant that is located right here, war in Iraq, but also it reflects the providing invaluable support and in- Interstate 5, and we have areas that are longstanding committee concerns sight into our activities, and to all of about the inadequacy of military man- a popular California State Park. the committee’s staff on both sides of power and the damaging effect of ex- b 1545 the aisle for their absolutely unwaver- cessive operations, both personnel and ing commitment to this initiative. These are issues that affect military operations tempo. This bill, at the end of the day, in readiness. This bill ignores them. It This bill reflects not just the Com- spite of our disagreements as they may would just simply gut environmental mittee on Armed Services’ belief in the protection. need to be proactive in military per- exist, needs to be supported. We need My experience, Mr. Chairman, is that sonnel and policy matters, but also, I to continue our commitment to our when we give our fighting men and think, the belief of the entire United great men and women in uniform who women the right resources and the States population; and it acts to sus- are protecting our freedoms each and right orders, they can accomplish any- tain the commitment and the profes- every day. thing. And we should be directing that sionalism of the men and women of Mr. SKELTON. Mr. Chairman, I yield they protect the environment, they America’s magnificent all-volunteer 2 minutes to the distinguished gen- clean up after themselves, and they armed services and, equally important, tleman from Illinois (Mr. DAVIS). solve problems, not eliminating simple the families that support them and all Mr. DAVIS of Illinois. Mr. Chairman, commonsense environmental protec- of us. I thank the gentleman for yielding me tions that, after all, not only protect I would also say, Mr. Chairman, this this time, and I also want to agree with everybody in this area, but they ulti- bill contains legislative and funding all of those who have extolled many of mately protect the fighting men and initiatives that enhance the ability of the virtues of this legislation; who women, their families, and the overall the National Guard and Reserves to have talked about the need for it to be Earth that we inhabit. play their important role, to continue efficient and effective; who have talked Mr. BARTLETT of Maryland. Mr. their integration as a vital irreplace- about making sure that we protect all Chairman, may I inquire as to the able part of the new total force that is of our military personnel and be in a amount of time remaining. the United States military. position to protect our citizens. The CHAIRMAN. The gentleman I would like to, Mr. Chairman, just But I must confess that I do not be- from Maryland (Mr. BARTLETT) has 10 highlight a couple of the initiatives lieve in throwing out the baby with the minutes remaining and the gentleman that are contained in this legislation, bath water. When we talk about get- from Missouri (Mr. SKELTON) has 123⁄4 many of which have been referenced by ting rid of the personnel system, when minutes remaining. my colleagues on both sides of the aisle we talk about taking away the rights Mr. BARTLETT of Maryland. Mr. that are contained in the total force of workers to unionize, when we talk Chairman, I yield such time as he may portion of this very important legisla- about taking away the rights of indi- consume to the gentleman from New tion. viduals to appeal, when we talk about York (Mr. MCHUGH), the chairman of Active end strength increases of 6,240 individuals not having the right to dis- the Subcommittee on Total Force. above the requested levels, with the cuss their grievances, then I think that

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.093 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4417 is going a bit far. I agree there is a tre- Then, with respect to collective bar- ment an amendment I had that we mendous need for flexibility, and I be- gaining, which again our friends on the could not do in committee because of a lieve that there ought to be those other side of the aisle say do not exist jurisdictional problem. It is an amend- moved out of civilian positions who are if this bill passes, the bill specifically ment to take care of two environ- part of the military; but I do not be- says: ‘‘Ensure that employees may or- mental relief points that the Depart- lieve that all of the years of developing ganize, bargain collectively as provided ment of Defense needs. I think they are workers’ rights ought to be taken away for in this chapter, and participate well-thought out. in one fell swoop. through labor organizations of their The amendment as it came to us in Quite frankly, Mr. Chairman, I do own choosing in decisions which affect committee from the Committee on Re- not even understand why those provi- them, subject to the provisions of this sources broadened this. I want to nar- sions are in the legislation. They sim- chapter.’’ row it back down to just deal with the ply are not needed, they are of no Clearly, the fact that this bill comes Department of Defense. Here is what value, and I disagree with that part of before us with bipartisan support, a the two are: it. If we cannot guarantee the rights of vote of 58 to two out of the Committee In section 317 of H.R. 1588 last year, people who work, then what are we on Armed Services, shows that the bi- which amends the Endangered Species fighting for when we talk about pro- partisan support should carry through Act, it provides that the Secretary of tecting the rights of all the rest? I dis- to passage of this bill; and that, truly, Interior will not make future designa- agree with that portion of the legisla- this system of increased flexibility tions of critical habitat on military tion. would provide increased opportunity lands or threaten an endangered spe- Mr. HUNTER. Mr. Chairman, I yield and actually honor our Department of cies where the installation has nego- 3 minutes to the gentleman from Ohio Defense employees. tiated a mutually agreed upon, inte- (Mr. TURNER). Mr. SKELTON. Mr. Chairman, I yield grated natural resources management Mr. TURNER of Ohio. Mr. Chairman, myself such time as I may consume. plan between the State Fish and Wild- our friends on the other side of the Shorty we will end the general de- life Service and the National Fish and aisle continue to tell horror stories of bate on this all-important bill. And of Wildlife Service. This is something that was in the bill what this bill, if enacted, would do course I wish first to thank the mem- last year, passed this House over- with respect to civil service and the bers of the committee on both sides of whelmingly on a bipartisan basis, employees in the Department of De- the aisle for tremendously hard work. passed the committee overwhelmingly fense. I think we all know that we A special thanks to that wonderful on a bipartisan basis, and ran into honor our employees at the Depart- staff that we have for the efforts, the some difficulty over in the Senate. We ment of Defense. Just like the men and late hours they have put in. This could want to reenact this and narrow it women in uniform who gave us the suc- not have been done without them. down from what is actually in the bill. cess in Iraq and in Afghanistan, they We have discussed in the last 2 hours So the gentleman’s en bloc amendment too make the difference in our success. the various problems that have crept will do that, and it will be a tremen- They give us the tools, the weapons, into the bill. Hopefully, they will be de- dous help to the Department of Defense the technology, the expertise that bated at least on the second rule, in their readiness activities when pre- allow us to be successful on the battle- which has not been made in order, so field and to have a strong national de- paring to train as they prepare to fight we can have a full and fair airing of wars. fense. those. Certainly, if the horrors our friends The second aspect in the amendment But on a larger notes than that, I is that the Department of Defense re- on the other side of the aisle were true, would like to quote the great Roman then we should vote this bill down. quested an adaptation of a new defini- orator, Mr. Chairman, who once said tion of harassment for the Marine They say the horrors are that this will that ‘‘gratitude is the greatest of all result in political patronage; that civil Mammal Protection Act. Generally, virtues.’’ So in what we do today, in you cannot take marine mammals. We rights will be taken away; that there passing this bill, which is basically a are not out to kill marine mammals, will be no rights for collective bar- very good and strong bill for the mili- but the term ‘‘harassment’’ has been gaining. Surely if those things were the tary of the United States, we are say- interpreted in court cases in a ridicu- outcome of this bill, I would vote ing ‘‘thank you.’’ And we express our lous manner. This changes the defini- against it myself. So one would expect gratitude to them, to the men and tion of harassment so we do not have, that our friends on the other side of women of all ranks, to the men and if a sea lion is sleeping on a buoy and the aisle voted against it too. But they women of all branches, regardless of a Navy ship goes down the channel and did not. In fact, the gentleman from their specialty. They have done good. the sea lion wakes up and looks at the Florida, who told us of the horrors of Back home in Missouri, the finest com- boat, that can be defined as harass- the possibilities of political patronage, pliment you can give in the Ozarks- ment under the present law. voted for this bill. The gentleman from part of our State is, ‘‘You done good.’’ What we are talking about making is Tennessee, who spoke about there So to each one of the men and major life changes. We do not want ma- being no civil rights or collective bar- women, regardless of where they are, rine whales to beach themselves and gaining for employees of the Depart- whether they be aboard ship, whether that kind of thing, of course. This nar- ment of Defense, voted for this bill. they be in a camp, whether they be in rows that down. This bill comes to this floor out of a plane, whether they are training or Mr. Chairman, this amendment care- the Committee on Armed Services with serving as a peacekeeper in one of fully defines the situation. It is a rifle bipartisan support and a vote of 58 to those distant places, all of us, both shot dealing with the problems that two. The horrors they describe are not sides of the aisle, should give them a the Department of Defense has. I think true. And instead of telling us the sec- special thanks and word of gratitude. it will help tremendously in our prepa- tions that would reference the truth Mr. Chairman, I reserve the balance ration of our young men and women for about this bill, I thought it would be of my time. fighting wars. best to read from it. With respect to Mr. SKELTON. Mr. Chairman, I yield b 1600 political patronage: ‘‘The public em- 2 minutes to the gentleman from Texas ployment principles of merit and fit- Mr. HUNTER. Mr. Chairman, I yield (Mr. STENHOLM). ness set forth in section 2301, including 21⁄2 minutes to the gentleman from Col- Mr. STENHOLM. Mr. Chairman, I the principles of hiring based on merit, orado (Mr. HEFLEY). thank the gentleman for yielding me fair treatment without regard to polit- Mr. HEFLEY. Mr. Chairman, I thank this time. ical affiliation or other nonmerit con- the gentleman for yielding me this I commend the chairman of this com- siderations, equal pay for equal work, time. mittee and the ranking member for and protection of employees against re- I want to speak to the amendment their work in putting together this prisal for whistleblowing.’’ Those are that is going to come up in just a mo- very important bill. As a strong sup- preserved and specifically set forth in ment, if I might. I appreciate the gen- porter of the B–1 bomber program, I ap- the bill. tleman incorporating into that amend- preciate the committee’s recognition

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.098 H21PT1 H4418 CONGRESSIONAL RECORD — HOUSE May 21, 2003 of the excellence of B–1 in combat and We need to strike out and to design Iraq theater. That was appreciated by their importance in operations in the and build a new deep-strike platform. the committee. I did not get a chance Korean Peninsula by directing the Air So we put $100 million in this bill to to respond to the gentleman from Force to restore the 23 aircraft set to commence pursuit of a new deep-strike Texas (Mr. STENHOLM), but I want to be retired. platform, which may be manned or on assure him that we are going to try to I hope it is the full intent of this the advice of some people may be un- make sure that entire bomber force has committee that, should these 23 planes manned. We could certainly have what a high mission-capable rate, both B–2s be restored to the fleet, that these I call the B–2 Chevy. That is the new that the gentleman is so proud of, and bombers will be given adequate man- variant of the B–2 that does not have home bases in his district, B–1s, and of power and maintenance with additional some of the Cold War components but course those ancient B–52s. funding to ensure that these costs will nonetheless would be excellent for con- I know the gentleman from Texas not come out of the operations and ventional missions, and that would be (Mr. SAM JOHNSON) talked about look- maintenance funds of the existing 60 somewhat less in terms of cost than ing out his prison window in Hanoi in bombers. the B–2s that were built for strategic 1972 during Operation Linebacker and Mr. Chairman, I also commend the delivery. watching a B–52 explode in midair as it gentleman from California for his at- So it could be a manned system, it was hit by a Sand missile. Those planes tention in this bill to the national de- could be an unmanned system, but the were shot down over 40 years ago, and fense needs of our Nation, and I also point is we better start now because it by the aircraft, anti-aircraft and Sand applaud his efforts to hold the Base Re- is going to be years before we have new capability being delivered to North alignment and Closure round in 2005 ac- platforms for deep strike. Vietnam by Russia. That means that countable to our emerging national de- At the same time, we plussed up the we need to move along and develop this fense needs. purchases of precision munitions, those This bill stipulates that the required new technology as quickly as possible joint direct attack munitions that are and get new birds in the air as quickly force structure for the armed services used to eliminate the need for literally meet prescribed levels and that the Air as possible. I know the gentleman from thousands of bombs, hundreds of bombs Missouri (Mr. SKELTON) and I share Force would include in its force struc- to one in terms of ratio where again, ture not less than 96 combat-coded that goal. instead of carpet bombing a bridge to Mr. SKELTON. Mr. Chairman, I bomber aircraft in active service. I knock it out, you hit that one strut hope it is the intent of this committee thank the gentleman, and it appears in and bring that entire bridge down. this bill regarding the additional re- in this legislation that the 23 B–1s that The gentleman is talking about our would be restored to the fleet under search and development funding for fu- two most important systems, that is ture system or systems of advanced this bill will be incorporated into the deep-strike platforms and precision parameters of the Air Force bomber Stealth techniques, I think it is cer- munitions. When those two leveraged tainly on the right track. structure and taken into consideration systems are coupled together, the for purposes of the base realignment Mr. OXLEY. Mr. Chairman, I rise today to United States has enormous capability, process. congratulate Chairman HUNTER and the Armed and I thank the gentleman for his ef- Mr. SKELTON. Mr. Chairman, I yield Services Committee on their work on the De- forts along these lines. myself such time as I may consume to fense authorization. This authorization better Mr. SKELTON. Mr. Chairman, I engage in a colloquy with the gen- prepares the United States to face the new thank the gentleman for his full expla- tleman from California (Chairman threats to our world. nation and a special compliment on his HUNTER). foresight in helping insert these dollars I am pleased the committee has recognized The gentleman will recall in this that after playing a dominant role in Operation Chamber the very arduous series of de- for that additional research and devel- opment. Iraqi Freedom, the Abrams battle tank proved bates that we had on what was then that it will continue to play a central role in the known as the Stealth bomber, now I remember the early days of the then Stealth, now B–2 bomber, when so defense of our Nation in the years to come. known as the B–2 bomber; and with the With the 129 Abrams System Enhancement gentleman’s leadership, some addi- many had such serious questions about it. And I might say, in three conflicts Program upgrades the committee has pro- tional funds were put into this bill for vided for, the armored cavalry regiment, the additional research and development now, the B–2 bomber has spoken well for America. I thank the gentleman for ‘‘eyes and ears’’ of the Army’s Counter Attack regarding a new wave of bombers. Corps, will join the 4th Infantry Division as the Would the gentleman be inclined to his help and leadership in that area. Mr. HUNTER. Mr. Chairman, if the most advanced in the world. share that thought with us, please? As the Army begins transforming itself for Mr. HUNTER. Mr. Chairman, will the gentleman would continue to yield, I future combat situations, heavy armor will con- gentleman yield? thank the gentleman for his work; and Mr. SKELTON. I yield to the gen- if I could just mention, the gentleman tinue to play an important role. We should tleman from California. from Texas (Mr. STENHOLM) just spoke. take the lessons we learned in Iraq, and use Mr. HUNTER. Mr. Chairman, the One of his comments was to the effect those in the future. As the centerpiece of the gentleman from Missouri (Mr. SKEL- that he knew that we were retrieving Operation, the Abrams not only proved it’s TON) has been a champion of the idea of some of these B–1 bombers that the Air mettle in the desert, it also dominated in urban utilizing Stealth bombers and Stealth Force decided last year to shelve, and areas. The tank provided cover for infantry- aircraft and coupling them with preci- he hoped that the cost of maintaining men and offered precision fire helicopters and sion munitions and being able to give those bombers would not be drawn planes were not able to. Acting as a battering enormous leverage to American air from the spare parts accounts of the 60 ram, the Abrams is the safest vehicle in our power. or so bombers that we have right now. arsenal, not having suffered one combat-re- If we look at our array of deep-strike Let me just say in response to the lated casualty. platforms, we have the 21 B–2s that are gentleman, who is a great friend of Whether it be the Sherman tank in World based in the gentleman’s district, mine, the intent of the committee is to War II or the Abrams in the gulf war and Op- which are extremely valuable assets. try to get a high mission-capable rate eration Iraqi Freedom, tanks have been critical We have a few, over 60 now, B–1 bomb- with our entire bomber force, all of the to military success. The Abrams tank has ers, now that 23 are being retrieved or B–1s, and that means spending what it proven that the tank will continue to play a taken out of the force; and we are re- takes to keep those birds in the air, to prominent role in the defense of America well trieving a number of those 23 bombers, give them the ability to deliver their into the 21st century. bringing those back to the force. They platforms with deep ranges, with good Mrs. MALONEY. Mr. Chairman, traditionally, worked very effectively in Iraq. And protection to the crew. So we want to the Defense Authorization Act has been a bi- the balance of our 130 or so combat- see higher maintenance dollars ex- partisan bill. Unfortunately, this year the major- coded bombers are made up of the old pended on that entire force because it ity has added highly controversial provisions to B–52s, the youngest one of which was is such an important leverage force. the bill regarding civil services law, con- built in July of 1962, so the newest B– We saw the B–1s being extremely tracting, environmental exemptions, and nu- 52 is over 40 years old. flexible in its pursuit of targets in the clear weapons policy.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\K21MY7.100 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4419 As we all know, there has been significant I wholeheartedly support its inclusion in H.R. require the Department of Defense to clean up controversy over the process of awarding con- 1588. its thousands of contaminated sites nation- tracts in Iraq, I would like to highlight one pro- Mr. FALEOMAVAEGA. Mr. Speaker, I want wide. vision in the Defense authorization bill that to thank the chairman, the ranking member I am a staunch supporter of a strong military adds much needed sunshine to the Iraq re- and both Republican and Democratic mem- and a strong national defense. Yet the building effort (section 1456). I thank the Gov- bers of the Armed Service Subcommittee on changes that have been included in this bill go ernment Reform and Armed Services Com- Total Force and the full committee for unani- well beyond any consideration of military pre- mittee members for including this section. mously supporting an amendment to increase paredness, are overboard, and are ill-advised. In a markup of H.R. 1837, the Services Ac- the number of military academy appointments Environmental laws already include provi- quisition Reform Act of 2003, I offered this from American Samoa, Guam, and the Virgin sions for exemptions in the event of a national public disclosure language in the form of an Islands to the U.S. Military Academy, the U.S. security issue. The proposals are rendered amendment. It was unanimously accepted by Naval Academy, and the U.S. Air Force Acad- even more questionable by the fact that the the House Government Reform Committee. emy. Defense Department has not yet found a com- H.R. 1837 was referred to House Armed Serv- For my constituents, this means that Amer- pelling case to plead for such an exemption. ices and included in H.R. 1588, the National ican Samoa will be able to send two students EPA Administrator Christine Todd Whitman Defense Authorization Act for FY 2004. to each service academy. Given that American has testified before Congress that compliance In the House Armed Services Committee, Samoa has a population of over 57,000 peo- with environmental regulations has never im- the Iraqi sunshine amendment was also of- ple, a per capita income of less than $4,500 peded military readiness. fered by Mr. SNYDER of Arkansas. I thank Mr. and almost 5,000 men and women serving in Furthermore, these blanket exemptions for SNYDER for his hard work. The amendment the U.S. armed services, I am pleased that we the Department of Defense from environ- was accepted and included in an en bloc may be able to offer more students the oppor- mental statutes are inappropriate. I have grave amendment to H.R. 1588. The amendment, tunity to attend one of the our Nation’s pres- concerns regarding the adverse environmental now section 1456, will ensure that agencies tigious military academies. impact of this initiative. This legislation would entering into a contract for the repair, mainte- Like other States and Territories, American relax current requirements protecting wildlife nance, or construction of the infrastructure in Samoa has a long and proud tradition of sup- habitats on military installations, as well as re- Iraq without full and open competition, publish porting and defending the United States of quirements to clean up contaminated sites and details regarding the contract. America. In 1900, the traditional leaders of control air emissions. The Department of De- This section is very simple. It merely re- American Samoa ceded the island of Tutuila fense is our nation’s biggest polluter. I believe quires the government to publish details re- to the United States. that, unless national security is directly af- garding these noncompetitive contractors. Tutuila’s harbor is the deepest in the South fected, the Department of Defense should be It has been said that sunshine is the best Pacific and the port village of Pago Pago was required to comply with Federal environmental disinfectant. The public has a right to know used as a coaling station for U.S. naval ships laws. how billions of dollars will be spent in Iraq. As in the early part of the century and as a sup- I call on my colleagues to strike these provi- the people’s Representatives, we have a duty port base for U.S. soldiers during WWII. To sions. and responsibility to ensure that funding Con- this day, American Samoa serves as a refuel- Mr. SKELTON. Mr. Chairman, I yield gress has appropriated for the Iraqi recon- ing point for U.S. naval ships and military air- back the balance of my time. struction is spent in a fair and open manner. craft. The CHAIRMAN pro tempore (Mr. Given the recent controversy, the least we American Samoa also has a per capital en- BEREUTER). All time for general debate could do is ensure that there is full disclose to listment rate in the U.S. military which is as has expired. the American people. high as any State or U.S. Territory. Our sons Pursuant to the rule, the committee In recent weeks, we have seen several and daughters have served in record numbers amendment in the nature of a sub- press reports that United States Agency for in every U.S. military engagement from WWII stitute printed in the bill is considered International Development (USAID) and other to present operations in our war against terror- as an original bill for the purpose of Federal agencies have been awarding no-bid ists. We have stood by the United States in amendment and is considered read. or invitation-only contracts to firms for the re- good times and bad and I believe it is only ap- The text of the committee amend- building of Iraq. propriate that this relationship should be ac- ment in the nature of a substitute is as For instance, one firm secured a $2 million knowledged by increasing our number of mili- follows: Iraq school contract through an invitation-only tary academy appointments. H.R. 1588 process. USAID awarded an invitation-only Again, I want to thank Chairman JOHN Be it enacted by the Senate and House of Rep- contract for $680 million to rebuild Iraq’s MCHUGH and Ranking Member VIC SNYDER of resentatives of the United States of America in infrasture. A $50 million policing contract was the Subcommittee on Total Force for sup- Congress assembled, awarded through a closed bidding process porting my request to increase the number of SECTION 1. SHORT TITLE. and so on. military academy appointments for American This Act may be cited as the ‘‘National De- I acknowledge that in some instances, non- Samoa. I also want to thank my good friends, fense Authorization Act for Fiscal Year 2004’’. competitive contract will be awarded. USAID the chairman of the Committee on Armed SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; and others have argued that because of the Services, Congressman DUNCAN HUNTER, and TABLE OF CONTENTS. (a) DIVISIONS.—This Act is organized into need to move quickly, they chose to use non- Ranking Member IKE SKELTON, for their sup- three divisions as follows: competitive procedure. The law clearly allows port. (1) Division A—Department of Defense Au- for these procedures. However, if a non- On a personal note and as a Vietnam Vet- thorizations. competitive process is used, the American eran, I also want to thank the sons and (2) Division B—Military Construction Author- people have a right to know that it is being daughters of this great Nation who are cur- izations. used and why it is being used. Section 1456 rently serving in the U.S. Armed Forces. As (3) Division C—Department of Energy Na- requires the Federal agencies to make these we consider the National Defense Authoriza- tional Security Authorizations and Other Au- details public. tion for Fiscal Year 2004, I am hopeful that we thorizations. Section 1456 mirrors legislation offered in will remember the sacrifices they are making (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: the Senate by Senators WYDEN, COLLINS, and to protect our liberties and in so remembering Sec. 1. Short title; findings. CLINTON, S. 876, the ‘‘Sunshine in Iraq Recon- I urge my colleagues to support this reauthor- Sec. 2. Organization of Act into divisions; table struction Contracting Act of 2003.’’ S. 876 is a ization. of contents. bipartisan bill that sets out requirements for Mr. SCHIFF. Mr. Chairman, I rise today to Sec. 3. Congressional defense committees de- the government to publicly justify any closed object to the sweeping, permanent exemptions fined. bidding process used for Iraqi reconstruction from environmental laws at military bases in- DIVISION A—DEPARTMENT OF DEFENSE work. cluded in this Defense authorization bill. AUTHORIZATIONS I thank Chairman DAVIS, Ranking Member This set of provisions, the so-called ‘‘Range TITLE I—PROCUREMENT WAXMAN, Chairman HUNTER, and Ranking and Readiness Preservation Initiative,’’ would Subtitle A—Authorization of Appropriations Member SKELTON, and members of the Gov- change critical provisions of the Clean Air Act, Sec. 101. Army. ernment Reform and Armed Services Commit- the Marine Mammal Protection Act, and the Sec. 102. Navy and Marine Corps. tees, for their support of this straightforward, Endangered Species Act. These changes Sec. 103. Air Force. good-government provision. would remove Federal and State authority to Sec. 104. Defense-wide activities.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 6343 E:\CR\FM\A21MY7.030 H21PT1 H4420 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Subtitle B—Army Programs Sec. 318. Military readiness and marine mam- Sec. 523. Simplification of determination of an- Sec. 111. Stryker vehicle program. mal protection. nual participation for purposes of Sec. 319. Limitation on Department of Defense Ready Reserve training require- Subtitle C—Navy Programs responsibility for civilian water ments. Sec. 121. Multiyear procurement authority for consumption impacts related to Sec. 524. Authority for delegation of required F/A–18 aircraft program. Fort Huachuca, Arizona. secretarial special finding for Sec. 122. Multiyear procurement authority for Sec. 320. Construction of wetland crossings, placement of certain retired mem- Tactical Tomahawk cruise missile Camp Shelby Combined Arms Ma- bers in Ready Reserve. program. neuver Area, Camp Shelby, Mis- Sec. 525. Authority to provide expenses of Army Sec. 123. Multiyear procurement authority for sissippi. and Air Staff personnel and Na- Virginia class submarine program. Subtitle C—Workplace and Depot Issues tional Guard Bureau personnel Sec. 124. Multiyear procurement authority for attending national conventions of Sec. 321. Exclusion of certain expenditures from E–2C aircraft program. certain military associations. percentage limitation on con- Sec. 125. LPD–17 class vessel. tracting for performance of depot- Subtitle D—Military Education and Training Subtitle D—Air Force Programs level maintenance and repair Sec. 531. Authority for the Marine Corps Uni- Sec. 131. Air Force air refueling transfer ac- workloads. versity to award the degree of count. Sec. 322. High-performing organization business master of operational studies. Sec. 132. Increase in number of aircraft author- process reengineering pilot pro- Sec. 532. Expanded educational assistance au- ized to be procured under gram. thority for cadets and midshipmen multiyear procurement authority Sec. 323. Delayed implementation of revised Of- receiving ROTC scholarships. for Air Force C–130J aircraft pro- fice of Management and Budget Sec. 533. Increase in allocation of scholarships gram. Circular A-76 by Department of under Army Reserve ROTC schol- Sec. 133. Limitation on retiring C–5 aircraft. Defense pending report. arship program to students at Sec. 134. Limitation on obligation of funds for Sec. 324. Naval Aviation Depots multi-trades military junior colleges. Sec. 534. Inclusion of accrued interest in procurement of F/A–22 aircraft. demonstration project. amounts that may be repaid TITLE II—RESEARCH, DEVELOPMENT, Subtitle D—Information Technology under Selected Reserve critical TEST, AND EVALUATION Sec. 331. Performance-based and results-based specialties education loan repay- Subtitle A—Authorization of Appropriations management requirements for ment program. Chief Information Officers of De- Sec. 201. Authorization of appropriations. Sec. 535. Authority for nonscholarship senior partment of Defense. Sec. 202. Amount for defense science and tech- ROTC sophomores to voluntarily nology. Subtitle E—Other Matters contract for and receive subsist- Sec. 341. Cataloging and standardization for ence allowance. Subtitle B—Program Requirements, Sec. 536. Appointments to military service acad- Restrictions, and Limitations defense supply management. Sec. 342. Space-available transportation for de- emies from nominations made by Sec. 211. Collaborative program for development pendents of members assigned to delegates from Guam, Virgin Is- of electromagnetic gun tech- overseas duty locations for con- lands, and American Samoa. nology. tinuous period in excess of one Sec. 537. Readmission to service academies of Sec. 212. Authority to select civilian employee year. certain former cadets and mid- of Department of Defense as di- Sec. 343. Preservation of Air Force Reserve shipmen. Sec. 538. Authorization for Naval Postgraduate rector of Department of Defense weather reconnaissance mission. Test Resource Management Cen- School to provide instruction to ter. TITLE IV—MILITARY PERSONNEL enlisted members participating in Sec. 213. Development of the Joint Tactical AUTHORIZATIONS certain programs. Radio System. Subtitle A—Active Forces Sec. 539. Defense task force on sexual harass- Sec. 214. Future Combat Systems. Sec. 401. End strengths for active forces. ment and violence at the military Sec. 215. Army program to pursue technologies Sec. 402. Revision in permanent active duty end service academies. leading to the enhanced produc- strength minimum levels. Subtitle E—Administrative Matters tion of titanium by the United Subtitle B—Reserve Forces Sec. 541. Enhancements to high-tempo per- States. Sec. 411. End strengths for Selected Reserve. sonnel program. Sec. 216. Extension of reporting requirement for Sec. 412. End strengths for Reserves on active Sec. 542. Enhanced retention of accumulated RAH–66 Comanche aircraft pro- duty in support of the reserves. leave for high-deployment mem- gram. Sec. 413. End strengths for military technicians bers. Sec. 217. Studies of fleet platform architectures (dual status). Sec. 543. Standardization of time-in-service re- for the Navy. Sec. 414. Fiscal year 2004 limitation on non- quirements for voluntary retire- Subtitle C—Ballistic Missile Defense dual status technicians. ment of members of the Navy and Marine Corps with Army and Air Sec. 221. Enhanced flexibility for ballistic mis- Sec. 415. Permanent limitations on number of non-dual status technicians. Force requirements. sile defense systems. Sec. 544. Standardization of statutory authori- Subtitle C—Authorizations of Appropriations TITLE III—OPERATION AND ties for exemptions from require- MAINTENANCE Sec. 421. Military personnel. ment for access to secondary Sec. 422. Armed Forces Retirement Home. Subtitle A—Authorization of Appropriations schools by military recruiters. TITLE V—MILITARY PERSONNEL POLICY Sec. 545. Procedures for consideration of appli- Sec. 301. Operation and maintenance funding. cations for award of the Purple Sec. 302. Working capital funds. Subtitle A—General and Flag Officer Matters Heart medal to veterans held as Sec. 303. Other Department of Defense pro- Sec. 501. Standardization of qualifications for prisoners of war before April 25, grams. appointment as service chief. 1962. Subtitle B—Environmental Provisions Subtitle B—Other Officer Personnel Policy Sec. 546. Authority for reserve and retired reg- Matters Sec. 311. Reauthorization and modification of ular officers to hold State and title I of Sikes Act. Sec. 511. Repeal of prohibition on transfer be- local elective office notwith- Sec. 312. Authorization for defense participa- tween line of the Navy and Navy standing call to active duty. tion in wetland mitigation banks. staff corps applicable to regular Sec. 547. Clarification of offense under the Uni- Sec. 313. Inclusion of environmental response Navy officers in grades above form Code of Military Justice re- equipment and services in Navy lieutenant commander. lating to drunken or reckless op- definitions of salvage facilities Sec. 512. Retention of health professions offi- eration of a vehicle, aircraft, or and salvage services. cers to fulfill active-duty service vessel. Sec. 314. Clarification of Department of Defense commitments following promotion Sec. 548. Public identification of casualties no response to environmental emer- nonselection. sooner than 24 hours after notifi- gencies. Sec. 513. Increased flexibility for voluntary re- cation of next-of-kin. Sec. 315. Requirements for restoration advisory tirement for military officers. Subtitle F—Benefits boards and exemption from Fed- Subtitle C—Reserve Component Matters Sec. 551. Additional classes of individuals eligi- eral Advisory Committee Act. Sec. 521. Streamlined process for continuation ble to participate in the Federal Sec. 316. Report regarding impact of civilian of officers on the reserve active- long-term care insurance pro- community encroachment and cer- status list. gram. tain legal requirements on mili- Sec. 522. Consideration of reserve officers for Sec. 552. Authority to transport remains of re- tary installations and ranges. position vacancy promotions in tirees and retiree dependents who Sec. 317. Military readiness and conservation of time of war or national emer- die in military treatment facilities protected species. gency. outside the United States.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 6343 E:\CR\FM\A21MY7.035 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4421 Sec. 553. Eligibility for dependents of certain Sec. 618. Eligibility of appointed warrant offi- Sec. 707. Medical and dental screening for mem- mobilized reservists stationed cers for accession bonus for new bers of selected reserve units alert- overseas to attend defense de- officers in critical skills. ed for mobilization. pendents schools overseas. Sec. 619. Incentive pay for duty on ground in TITLE VIII—ACQUISITION POLICY, ACQUI- Subtitle G—Other Matters Antarctica or on Arctic icepack. SITION MANAGEMENT, AND RELATED Sec. 620. Special pay for service as member of MATTERS Sec. 561. Extension of requirement for exem- Weapons of Mass Destruction plary conduct by commanding of- Civil Support Team. Subtitle A—Amendments to General Con- ficers and others in authority to Sec. 621. Incentive bonus for agreement to serve tracting Authorities, Procedures, and Limi- include civilians in authority in in critically short military occupa- tations the Department of Defense. tional specialty. Sec. 801. Extension of authority to carry out Sec. 562. Recognition of military families. Sec. 622. Increase in rate for imminent danger certain prototype projects. Sec. 563. Assistance to local educational agen- pay and family separation allow- Sec. 802. Elimination of certain subcontract no- cies that benefit dependents of ance related to service in Oper- tification requirements. members of the Armed Forces and ation Iraqi Freedom or Operation Sec. 803. Elimination of requirement to furnish Department of Defense civilian Enduring Freedom. written assurances of technical employees. Subtitle C—Travel and Transportation data conformity. Sec. 564. Permanent authority for support for Sec. 804. Limitation period for task and delivery Allowances certain chaplain-led military fam- order contracts. ily support programs. Sec. 631. Shipment of privately owned motor ve- Sec. 805. Additional authorities relating to ob- Sec. 565. Department of Defense-Department of hicle within continental United taining personal services. Veterans Affairs Joint Executive States. Sec. 806. Evaluation of prompt payment provi- Committee. Sec. 632. Payment or reimbursement of student sions. Sec. 566. Limitation on aviation force structure baggage storage costs for depend- ent children of members stationed Subtitle B—United States Defense Industrial changes in the Department of the Base Provisions Navy. overseas. Part I—Critical Items Identification and Do- Sec. 567. Impact-aid eligibility for heavily im- Sec. 633. Reimbursement for lodging expenses of mestic Production Capabilities Improve- pacted local educational agencies certain reserve component and re- ment Program affected by privitization of mili- tired members during authorized tary housing. leave from temporary duty loca- Sec. 811. Assessment of United States defense Sec. 568. Investigation into the 1991 death of tion. industrial base capabilities. Marine Corps Colonel James E. Subtitle D—Retired Pay and Survivors Sec. 812. Identification of critical items: mili- Sabow. Benefits tary system breakout list. Sec. 813. Procurement of certain critical items Subtitle H—Domestic Violence Sec. 641. Funding for special compensation au- thorities for Department of De- from American sources. Sec. 571. Travel and transportation for depend- fense retirees. Sec. 814. Production capabilities improvement ents relocating for reasons of per- for certain critical items using De- sonal safety. Subtitle E—Commissary and Non- fense Industrial Base Capabilities Sec. 572. Commencement and duration of pay- appropriated Fund Instrumentality Benefits Fund. Sec. 651. Expanded commissary access for Se- ment of transitional compensa- Part II—Requirements Relating to Specific lected Reserve members, reserve tion. Items Sec. 573. Flexibility in eligibility for transitional retirees under age 60, and their compensation. dependents. Sec. 821. Domestic source limitation for certain Sec. 574. Types of administrative separations Sec. 652. Defense commissary system and ex- additional items. triggering coverage. change stores system. Sec. 822. Requirements relating to buying com- Sec. 575. On-going review group. Sec. 653. Limitations on private operation of de- mercial items containing specialty Sec. 576. Resources for Department of Defense fense commissary store functions. metals from American sources. Sec. 823. Elimination of unreliable sources of implementation organization. Sec. 654. Use of appropriated funds to operate defense items and components. Sec. 577. Fatality reviews. defense commissary system. Sec. 824. Congressional notification required be- Sec. 578. Sense of Congress. Sec. 655. Recovery of nonappropriated fund in- strumentality and commissary fore exercising exception to re- TITLE VI—COMPENSATION AND OTHER store investments in real property quirement to buy specialty metals PERSONNEL BENEFITS at military installations closed or from American sources. Subtitle A—Pay and Allowances realigned. Sec. 825. Repeal of authority for foreign pro- Sec. 601. Increase in basic pay for fiscal year Sec. 656. Commissary shelf-stocking pilot pro- curement of para-aramid fibers 2004. gram. and yarns. Sec. 602. Computation of basic pay rate for Subtitle F—Other Matters Sec. 826. Requirement for major defense acquisi- tion programs to use machine commissioned officers with prior Sec. 661. Repeal of congressional notification enlisted or warrant officer service. tools entirely produced within the requirement for designation of United States. Sec. 603. Special subsistence allowance authori- critical military skills for reten- ties for members assigned to high- tion bonus. Part III—General Provisions cost duty location or under other TITLE VII—HEALTH CARE PROVISIONS Sec. 831. Definitions. unique and unusual cir- TITLE IX—DEPARTMENT OF DEFENSE cumstances. Sec. 701. Revision of Department of Defense medicare-eligible retiree health ORGANIZATION AND MANAGEMENT Subtitle B—Bonuses and Special and care fund to permit more accurate Sec. 901. Change in title of Secretary of the Incentive Pays actuarial valuations. Navy to Secretary of the Navy Sec. 611. One-year extension of certain bonus Sec. 702. Transfer of certain members from and Marine Corps. and special pay authorities for re- pharmacy and therapeutics com- Sec. 902. Redesignation of National Imagery serve forces. mittee to Uniform Formulary Ben- and Mapping Agency as National Sec. 612. One-year extension of certain bonus eficiary Advisory Panel under the Geospatial-intelligence Agency. and special pay authorities for pharmacy benefits program. Sec. 903. Pilot program for provision of space certain health care professionals. Sec. 703. Permanent extension of authority to surveillance network services to Sec. 613. One-year extension of special pay and enter into personal services con- non-United States governmental bonus authorities for nuclear offi- tracts for the performance of entities. cers. health care responsibilities at lo- Sec. 904. Clarification of responsibility of mili- Sec. 614. One-year extension of other bonus and cations other than military med- tary departments to support com- special pay authorities. ical treatment facilities. batant commands. Sec. 615. Computation of hazardous duty incen- Sec. 704. Plan for providing health coverage in- Sec. 905. Biennial review of national military tive pay for demolition duty and formation to members, former strategy by Chairman of the Joint parachute jumping by members of members, and dependents eligible Chiefs of Staff. reserve components entitled to for certain health benefits. Sec. 906. Authority for acceptance by Asia-Pa- compensation under section 206 of Sec. 705. Working group on military health care cific Center for Security Studies of title 37. for persons reliant on health care gifts and donations from nonfor- Sec. 616. Availability of hostile fire and immi- facilities at military installations eign sources. nent danger pay for reserve com- to be closed or realigned. Sec. 907. Repeal of rotating chairmanship of ponent members on inactive duty. Sec. 706. Acceleration of implementation of Economic Adjustment Committee. Sec. 617. Expansion of overseas tour extension chiropractic health care for mem- Sec. 908. Pilot program for improved civilian incentive program to officers. bers on active duty. personnel management.

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 6343 E:\CR\FM\A21MY7.035 H21PT1 H4422 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Sec. 909. Extension of certain authorities appli- Sec. 1048. Authority for joint task forces to pro- Sec. 1302. Funding allocations. cable to the Pentagon Reservation vide support to law enforcement Sec. 1303. Limitation on use of funds until cer- to include designated Pentagon agencies conducting counter-ter- tain permits obtained. continuity-of-government loca- rorism activities. Sec. 1304. Limitation on use of funds for bio- tions. Sec. 1049. Use of National Driver Register for logical research in the former So- Sec. 910. Defense acquisition workforce reduc- personnel security investigations viet Union. tions. and determinations. Sec. 1305. Authority and funds for non- Sec. 911. Required force structure. Sec. 1050. Protection of operational files of the proliferation and disarmament. National Security Agency. TITLE X—GENERAL PROVISIONS Sec. 1306. Requirement for on-site managers. Sec. 1051. Assistance for study of feasibility of Sec. 1307. Provisions relating to funding for Subtitle A—Financial Matters biennial international air trade chemical weapons destruction fa- Sec. 1001. Transfer authority. show in the United States and for cility in Russia. initial implementation. Sec. 1002. Authorization of supplemental appro- TITLE XIV—SERVICES ACQUISITION Sec. 1052. Continuation of reasonable access to priations for fiscal year 2003. REFORM Sec. 1003. Authority to transfer procurement military installations for personal Sec. 1401. Short title. funds for a major defense acquisi- commercial solicitation. Sec. 1402. Executive agency defined. tion program for continued devel- Sec. 1053. Commission on Nuclear Strategy of opment work on that program. the United States. Subtitle A—Acquisition Workforce and Sec. 1004. Restoration of authority to enter into Sec. 1054. Extension of Counterproliferation Training 12-month leases at any time dur- Program Review Committee. Sec. 1411. Definition of acquisition. ing the fiscal year. TITLE XI—DEPARTMENT OF DEFENSE Sec. 1412. Acquisition workforce training fund. Sec. 1005. Authority for retention of additional CIVILIAN PERSONNEL Sec. 1413. Acquisition workforce recruitment amounts realized from energy cost Subtitle A—Department of Defense Civilian program. savings. Personnel Generally Sec. 1414. Architectural and engineering acqui- Sec. 1006. Repeal of requirement for two-year Sec. 1101. Modification of the overtime pay cap. sition workforce. budget cycle for the Department Sec. 1102. Military leave for mobilized Federal Subtitle B—Adaptation of Business of Defense. civilian employees. Acquisition Practices Sec. 1007. Authority to provide reimbursement Sec. 1103. Common occupational and health Part I—Adaptation of Business Management for use of personal cellular tele- standards for differential pay- Practices phones when used for official gov- ments as a consequence of expo- Sec. 1421. Chief Acquisition Officers. ernment business. sure to asbestos. Sec. 1422. Chief Acquisition Officers Council. Subtitle B—Naval Vessels and Shipyards Sec. 1104. Increase in annual student loan re- payment authority. Sec. 1423. Statutory and regulatory review. Sec. 1011. Repeal of requirement regarding pres- Sec. 1105. Authorization for cabinet secretaries, Part II—Other Acquisition Improvements ervation of surge capability for secretaries of military depart- Sec. 1426. Extension of authority to carry out naval surface combatants. ments, and heads of executive franchise fund programs. Sec. 1012. Enhancement of authority relating to agencies to be paid on a biweekly Sec. 1427. Agency acquisition protests. use for experimental purposes of basis. Sec. 1428. Improvements in contracting for ar- vessels stricken from Naval Vessel Sec. 1106. Senior executive service and perform- chitectural and engineering serv- Register. ance. ices. Sec. 1013. Authorization for transfer of vessels Sec. 1107. Design elements of pay-for-perform- Sec. 1429. Authorization of telecommuting for stricken from Naval Vessel Reg- ance systems in demonstration Federal contractors. ister for use as artificial reefs. projects. Subtitle C—Contract Incentives Sec. 1014. Pilot program for sealift ship con- Sec. 1108. Federal flexible benefits plan admin- struction. istrative costs. Sec. 1431. Incentives for contract efficiency. Subtitle C—Reports Sec. 1109. Clarification to Hatch Act; limitation Subtitle D—Acquisitions of Commercial Items Sec. 1021. Repeal and modification of various on disclosure of certain records. Sec. 1441. Preference for performance-based Sec. 1110. Employee surveys. reporting requirements applicable contracting. to the Department of Defense. Subtitle B—Department of Defense National Sec. 1442. Authorization of additional commer- Sec. 1022. Report on Operation Iraqi Freedom. Security Personnel System cial contract types. Sec. 1023. Report on Department of Defense Sec. 1111. Department of Defense national secu- Sec. 1443. Clarification of commercial services post-conflict activities in Iraq. rity personnel system. definition. Sec. 1024. Report on development of mecha- TITLE XII—MATTERS RELATING TO OTHER Sec. 1444. Designation of commercial business nisms to better connect Depart- NATIONS entities. ment of Defense space capabilities Sec. 1201. Expansion of authority to provide ad- Subtitle E—Other Matters to the war fighter. ministrative support and services Sec. 1451. Authority to enter into certain pro- Subtitle D—Procurement of Defense and travel and subsistence ex- curement-related transactions and Biomedical Countermeasures penses for certain foreign liaison to carry out certain prototype Sec. 1031. Research and development of defense officers. projects. biomedical countermeasures. Sec. 1202. Recognition of superior noncombat Sec. 1452. Authority to make inflation adjust- Sec. 1032. Procurement of defense biomedical achievements or performance by ments to simplified acquisition countermeasures. members of friendly foreign forces threshold. Sec. 1033. Authorization for use of medical and other foreign nationals. Sec. 1453. Technical corrections related to du- Sec. 1203. Expansion of authority to waive products in emergencies. plicative amendments. charges for costs of attendance at Sec. 1454. Prohibition on use of quotas. Subtitle E—Other Matters George C. Marshall European Sec. 1455. Applicability of certain provisions to Sec. 1041. Codification and revision of defense Center for Security Studies. sole source contracts for goods counterintelligence polygraph Sec. 1204. Identification of goods and tech- and services treated as commercial program authority. nologies critical for military supe- items. Sec. 1042. Codification and revision of limita- riority. Sec. 1456. Public disclosure of noncompetitive tion on modification of major Sec. 1205. Report on acquisition by Iraq of ad- contracting for the reconstruction items of equipment scheduled for vanced weapons. of infrastructure in Iraq. retirement or disposal. Sec. 1206. Authority for check cashing and cur- rency exchange services to be pro- DIVISION B—MILITARY CONSTRUCTION Sec. 1043. Additional definitions for purposes of AUTHORIZATIONS title 10, United States Code. vided to foreign military members Sec. 2001. Short title. Sec. 1044. Inclusion of annual military con- participating in certain activities struction authorization request in with United States forces. TITLE XXI—ARMY annual defense authorization re- Sec. 1207. Requirements for transfer to foreign Sec. 2101. Authorized Army construction and quest. countries of certain specified land acquisition projects. Sec. 1045. Technical and clerical amendments. types of excess aircraft. Sec. 2102. Family housing. Sec. 1046. Authority to provide living quarters Sec. 1208. Limitation on number of United Sec. 2103. Improvements to military family for certain students in cooperative States military personnel in Co- housing units. and summer education programs lombia. Sec. 2104. Authorization of appropriations, of the National Security Agency. TITLE XIII—COOPERATIVE THREAT Army. Sec. 1047. Use of drug interdiction and counter- REDUCTION Sec. 2105. Modification of authority to carry drug funds to support activities of Sec. 1301. Specification of Cooperative Threat out certain fiscal year 2002 the Government of Colombia. Reduction programs and funds. projects.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 6343 E:\CR\FM\A21MY7.035 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4423 TITLE XXII—NAVY Sec. 2823. Modification of land conveyance, Subtitle B—Maritime Security Fleet Sec. 2201. Authorized Navy construction and Eglin Air Force Base, Florida. Sec. 3511. Establishment of Maritime Security land acquisition projects. Sec. 2824. Land conveyance, Fort Campbell, Fleet. Sec. 2202. Family housing. Kentucky and Tennessee. Sec. 3512. Award of operating agreements. Sec. 2203. Improvements to military family Sec. 2825. Land conveyance, Army and Air Sec. 3513. Effectiveness of operating agree- housing units. Force Exchange Service Property, ments. Sec. 2204. Authorization of appropriations, Dallas, Texas. Sec. 3514. Obligations and rights under oper- Navy. Sec. 2826. Land conveyance, Naval Reserve ating agreements. Center, Orange, Texas. Sec. 3515. Payments. TITLE XXIII—AIR FORCE Subtitle D—Other Matters Sec. 3516. National security requirements. Sec. 2301. Authorized Air Force construction Sec. 3517. Regulatory relief. and land acquisition projects. Sec. 2841. Redesignation of Yuma Training Sec. 3518. Special rule regarding age of former Sec. 2302. Family housing. Range Complex as Bob Stump participating fleet vessel. Sec. 2303. Improvements to military family Training Range Complex. Sec. 3519. Authorization of appropriations. housing units. Sec. 2842. Modification of authority to conduct Sec. 3520. Amendment to Shipping Act, 1916. Sec. 2304. Authorization of appropriations, Air a round of realignments and clo- Sec. 3521. Regulations. Force. sures of military installations in Sec. 3522. Repeals and conforming amendments. 2005. Sec. 3523. Effective dates. TITLE XXIV—DEFENSE AGENCIES Sec. 2843. Use of force-structure plan for the Subtitle C—National Defense Tank Vessel Sec. 2401. Authorized Defense Agencies con- Armed Forces in preparation of Construction Assistance struction and land acquisition selection criteria for base closure projects. Sec. 3531. National defense tank vessel con- round. struction program. Sec. 2402. Family housing. Sec. 2844. Requirement for unanimous vote of Sec. 2403. Improvements to military family Sec. 3532. Application procedure. Defense Base Closure and Re- Sec. 3533. Award of assistance. housing units. alignment Commission to rec- Sec. 3534. Priority for title XI assistance. Sec. 2404. Energy conservation projects. ommend closure of military instal- Sec. 3535. Authorization of appropriations. Sec. 2405. Authorization of appropriations, De- lations not recommended for clo- fense Agencies. Subtitle D—Maritime Administration sure by Secretary of Defense. Authorization TITLE XXV—NORTH ATLANTIC TREATY DIVISION C—DEPARTMENT OF ENERGY Sec. 3541. Authorization of appropriations for ORGANIZATION SECURITY INVESTMENT NATIONAL SECURITY AUTHORIZATIONS Maritime Administration for fiscal PROGRAM AND OTHER AUTHORIZATIONS year 2004. Sec. 2501. Authorized NATO construction and TITLE XXXI—DEPARTMENT OF ENERGY Sec. 3542. Authority to convey vessel USS land acquisition projects. NATIONAL SECURITY PROGRAMS HOIST (ARS–40). Sec. 2502. Authorization of appropriations, Subtitle A—National Security Programs SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES NATO. DEFINED. Authorizations TITLE XXVI—GUARD AND RESERVE For purposes of this Act, the term ‘‘congres- FORCES FACILITIES Sec. 3101. National Nuclear Security Adminis- sional defense committees’’ means— tration. Sec. 2601. Authorized Guard and Reserve con- (1) the Committee on Armed Services and the Sec. 3102. Defense environmental management. Committee on Appropriations of the Senate; and struction and land acquisition Sec. 3103. Other defense activities. projects. (2) the Committee on Armed Services and the Sec. 3104. Defense nuclear waste disposal. Committee on Appropriations of the House of TITLE XXVII—EXPIRATION AND Sec. 3105. Energy supply. Representatives. EXTENSION OF AUTHORIZATIONS Subtitle B—Program Authorizations, DIVISION A—DEPARTMENT OF DEFENSE Sec. 2701. Expiration of authorizations and Restrictions, and Limitations AUTHORIZATIONS amounts required to be specified Sec. 3111. Modification of prohibition relating TITLE I—PROCUREMENT by law. to low-yield nuclear weapons. Subtitle A—Authorization of Appropriations Sec. 2702. Extension of authorization of certain Sec. 3112. Termination of requirement for an- fiscal year 2001 project. nual updates of long-term plan SEC. 101. ARMY. Sec. 2703. Extension of authorizations of cer- for nuclear weapons stockpile life Funds are hereby authorized to be appro- tain fiscal year 2000 projects. extension program. priated for fiscal year 2004 for procurement for Sec. 2704. Effective date. Sec. 3113. Extension to all DOE facilities of au- the Army as follows: (1) For aircraft, $2,194,585,000. TITLE XXVIII—GENERAL PROVISIONS thority to prohibit dissemination (2) For missiles, $1,594,662,000. Subtitle A—Military Construction Program of certain unclassified informa- (3) For weapons and tracked combat vehicles, and Military Family Housing Changes tion. $2,197,404,000. Sec. 2801. Increase in maximum amount of au- Sec. 3114. Department of Energy project review (4) For ammunition, $1,428,966,000. thorized annual emergency con- groups not subject to Federal Ad- (5) For other procurement, $4,321,496,000. struction. visory Committee Act by reason of SEC. 102. NAVY AND MARINE CORPS. Sec. 2802. Authority to lease military family inclusion of employees of Depart- (a) NAVY.—Funds are hereby authorized to be housing units in Italy. ment of Energy management and appropriated for fiscal year 2004 for procure- Sec. 2803. Changes to alternative authority for operating contractors. ment for the Navy as follows: acquisition and improvement of Sec. 3115. Availability of funds. (1) For aircraft, $9,050,048,000. Sec. 3116. Limitation on obligation of funds for military housing. (2) For weapons, including missiles and tor- Sec. 2804. Additional material for annual report Nuclear Test Readiness program. pedoes, $2,529,821,000. Sec. 3117. Requirement for on-site managers. on housing privatization program. (3) For ammunition, $963,355,000. Sec. 2805. Authority to convey property at mili- Subtitle C—Consolidation of National (4) For shipbuilding and conversion, tary installations closed or to be Security Provisions $11,472,384,000. closed in exchange for military Sec. 3121. Transfer and consolidation of recur- (5) For other procurement, $4,614,892,000. (b) MARINE CORPS.—Funds are hereby author- construction activities. ring and general provisions on ized to be appropriated for fiscal year 2004 for Sec. 2806. Congressional notification and re- Department of Energy national procurement for the Marine Corps in the porting requirements and limita- security programs. amount of $1,154,299,000. tions regarding use of operation TITLE XXXII—DEFENSE NUCLEAR SEC. 103. AIR FORCE. and maintenance funds for con- FACILITIES SAFETY BOARD struction. Funds are hereby authorized to be appro- Sec. 3201. Authorization. Sec. 2807. Increase in authorized maximum priated for fiscal year 2004 for procurement for lease term for family housing and TITLE XXXIII—NATIONAL DEFENSE the Air Force as follows: other facilities in certain foreign STOCKPILE (1) For aircraft, $12,604,451,000. (2) For ammunition, $1,324,725,000. countries. Sec. 3301. Authorized uses of National Defense (3) For missiles, $4,348,039,000. Stockpile funds. Subtitle B—Real Property and Facilities (4) For other procurement, $11,376,059,000. Administration Sec. 3302. Revisions to objectives for receipts for fiscal year 2000 disposals. SEC. 104. DEFENSE-WIDE ACTIVITIES. Sec. 2811. Real property transactions. Funds are hereby authorized to be appro- TITLE XXXIV—NAVAL PETROLEUM Subtitle C—Land Conveyances priated for fiscal year 2004 for Defense-wide pro- RESERVES curement in the amount of $3,734,821,000. Sec. 2821. Termination of lease and conveyance Sec. 3401. Authorization of appropriations. of Army Reserve facility, Conway, Subtitle B—Army Programs Arkansas. TITLE XXXV—MARITIME ADMINISTRATION SEC. 111. STRYKER VEHICLE PROGRAM. Sec. 2822. Actions to quiet title, Fallin Waters Subtitle A—General Provisions (a) LIMITATION.—Of the funds authorized to Subdivision, Eglin Air Force Base, Sec. 3501. Short title. be appropriated under section 101 for procure- Florida. Sec. 3502. Definitions. ment for the Army for fiscal year 2004 that are

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available for the Stryker vehicle program, not Code, enter into a multiyear contract, beginning (b) AUTHORIZATION OF APPROPRIATIONS.— more than $655,000,000 may be obligated until— with the fiscal year 2005 program year, for pro- Within the amount provided in section 103(1), (1) the Secretary of the Army has submitted to curement of aircraft in the F/A–18E, F/A–18F, there is authorized to be appropriated to the Air the Deputy Secretary of Defense the report spec- and EA–18G configurations. The total number of Force Air Refueling Transfer Account for fiscal ified in subsection (b); aircraft procured through a multiyear contract year 2004 the amount of $229,200,000. (2) the Secretary of Defense has submitted to under this section may not exceed 234. (c) AUTHORIZED USE OF FUNDS.—Amounts in the congressional defense committees the report SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY the Air Force Air Refueling Transfer Account and certification referred to in subsection (c); FOR TACTICAL TOMAHAWK CRUISE may be used for any of the following purposes, and MISSILE PROGRAM. as determined by the Secretary of the Air Force: (3) a period of 30 days has elapsed after the The Secretary of the Navy may, in accordance (1) Necessary expenses for fiscal year 2004 to date of the receipt by those committees of the re- with section 2306b of title 10, United States prepare for leasing of tanker aircraft under sec- port and certification under paragraph (2). Code, enter into a multiyear contract, beginning tion 8159 of the Department of Defense Appro- (b) SECRETARY OF THE ARMY REPORT.—The with the fiscal year 2004 program year, for pro- priations Act, 2002 (division A of Public Law report referred to in subsection (a)(1) is the re- curement of Tactical Tomahawk cruise missiles. 107–117; 115 Stat. 2284; 10 U.S.C. 2401a note). port required to be submitted by the Secretary of The total number of missiles procured through a (2) Necessary expenses for fiscal year 2004 to the Army to the Deputy Secretary of Defense multiyear contract under this section shall be prepare for purchase of tanker aircraft for the not later than July 8, 2003, that identifies op- determined by the Secretary of the Navy, based Air Force. tions for modifications to the equipment and upon the funds available, but not to exceed 900 (3) Retaining in active service (rather than re- configuration of the Army brigade designated as in any year. tiring) KC–135E aircraft. ‘‘Stryker brigades’’ to assure that those bri- SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY (4) Maintenance of equipment for KC–135 air- gades, after incorporating such modifications, FOR VIRGINIA CLASS SUBMARINE craft that was purchased through a depot. provide— PROGRAM. (d) AUTHORIZED TRANSFERS.—Subject to sub- (1) a higher level of combat capability and (a) AUTHORITY.—The Secretary of the Navy sections (e) and (f), the Secretary of the Air sustainability; may, in accordance with section 2306b of title 10, Force may transfer funds in the Air Force Air (2) a capability across a broader spectrum of United States Code, enter into a multiyear con- Refueling Transfer Account to appropriations of combat operations; and tract, beginning with the fiscal year 2004 pro- the Air Force available for purposes set forth in (3) a capability to be employed independently gram year, for procurement of seven Virginia- subsection (c), including appropriations avail- of higher-level command formations and sup- class submarines. able for procurement, for research, development, port. (b) LIMITATION.—The Secretary of the Navy test, and evaluation, for operation and mainte- (c) SECRETARY OF DEFENSE REPORT AND CER- may not enter into a contract authorized by nance, and for military personnel (in the case of TIFICATION.—The Secretary of Defense shall subsection (a) until— retaining KC–135E aircraft in active service), in transmit to the congressional defense committees (1) the Secretary submits to the congressional such amounts as the Secretary determines nec- not later than 30 days after the date of the re- defense committees a certification that the Sec- essary for such purpose. ceipt by the Deputy Secretary of Defense of the retary has made each of the findings with re- (e) LIMITATION.—Amounts appropriated to the report of the Secretary of the Army referred to spect to such contract specified in subsection (a) Air Force Air Refueling Transfer Account pur- in subsection (b), the modification options iden- of section 2306b of title 10, United States Code; suant to the authorization of appropriations in tified by the Secretary of the Army for purposes and subsection (b) may not be used to enter into a of that report. The Secretary of Defense shall (2) a period of 30 days has elapsed after the lease for tanker aircraft or to enter into a con- include any comments that may be applicable to date of the transmission of such certification. tract for procurement of tanker aircraft. the analysis of the Secretary of the Army’s re- SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY (f) NOTICE TO CONGRESS.—A transfer of funds port and shall certify to the committees whether FOR E–2C AIRCRAFT PROGRAM. under subsection (d) may not be made until— in the Secretary’s judgment fielding the fourth (a) AIRCRAFT.—The Secretary of the Navy (1) the Secretary of the Air Force notifies the Stryker brigade as planned by the Army in a may, in accordance with section 2306b of title 10, congressional defense committees in writing of different configuration from the first three such United States Code, enter into a multiyear con- the amount and purpose of the proposed trans- brigades will fulfill the three objectives set forth tract, beginning with the fiscal year 2004 pro- fer, including each account to which the trans- in subsection (b). gram year, for procurement of four E-2C and fer is to be made; and (d) AUTHORIZED USE OF REMAINDER OF four TE–2C aircraft. (2) a period of 30 days has elapsed after the FUNDS.—The funds authorized to be appro- (b) ENGINES.—The Secretary of the Navy may, date on which the notice is received by those priated for procurement for the Army for fiscal in accordance with section 2306b of title 10, committees. year 2004 that are available for the Stryker vehi- United States Code, enter into a multiyear con- SEC. 132. INCREASE IN NUMBER OF AIRCRAFT AU- cle program and that become available for obli- tract, beginning with the fiscal year 2004 pro- THORIZED TO BE PROCURED UNDER gation upon the conditions of subsection (a) gram year, for procurement of 16 engines for air- MULTIYEAR PROCUREMENT AU- being met shall be obligated either— craft in the E-2C or TE–2C configuration. THORITY FOR AIR FORCE C–130J AIR- (1) to develop, procure, and field equipment CRAFT PROGRAM. (c) LIMITATION ON TERM OF CONTRACTS.—Not- and capabilities for the fourth Stryker brigade withstanding subsection (k) of section 2306b of Section 131(a) of the Bob Stump National De- combat team that would accelerate the options title 10, United States Code, a contract under fense Authorization Act for Fiscal Year 2003 for modifications to enhance Stryker brigades this section may not be for a period in excess of (Public Law 107–314; 116 Stat. 2475) is amended identified in subsection (b); or four program years. by striking ‘‘40 C–130J aircraft’’ and inserting (2) for the equipment identified in the fiscal ‘‘42 C–130J aircraft’’. year 2004 budget request to be procured for the SEC. 125. LPD–17 CLASS VESSEL. If after May 7, 2003, there is enacted an Act SEC. 133. LIMITATION ON RETIRING C–5 AIR- fourth Stryker brigade, if the Secretary of De- CRAFT. making supplemental appropriations for the De- fense, after reviewing the Secretary of Army’s (a) LIMITATION.—The Secretary of the Air partment of Defense for fiscal year 2003 that in- report under subsection (b), determines that the Force may not proceed with a decision to retire cludes appropriation of an amount for procure- current configuration of the fourth Stryker bri- C–5A aircraft from the active inventory of the ment of Tomahawk cruise missiles for the Navy, gade meets the criteria in paragraphs (1) Air Force in any number that which would re- then— through (3) of subsection (b) and certifies to the duce the total number of such aircraft in the ac- (1) the amount provided in section 102 for pro- congressional defense committees that the equip- tive inventory below 112 until— curement of weapons for the Navy is reduced by ment identified in the fiscal year 2004 budget re- (1) the Air Force has modified a C–5A aircraft the amount so appropriated or by $200,000,000, quest to be procured for the fourth Stryker bri- to the configuration referred to as the Reli- whichever is less, with such reduction to be de- gade provides those capabilities. ability Enhancement and Reengining Program rived from amounts authorized for procurement (e) LIMITATIONS.—(1) In obligating funds in (RERP) configuration, as planned under the C– of Tomahawk cruise missiles; and accordance with either paragraph (1) or para- 5 System Development and Demonstration pro- (2) the amount provided in section 102 for graph (2) of subsection (d), no action may be gram as of May 1, 2003; and shipbuilding and conversion is increased by the taken that would delay, hinder, or otherwise (2) the Director of Operational Test and Eval- amount of the reduction under paragraph (1), disrupt the current production and fielding uation of the Department of Defense— with the amount of such increase to be available schedule for the fourth Stryker brigade. (A) conducts an operational evaluation of for advance procurement of long-lead items, in- (2) Notwithstanding any other provision of that aircraft, as so modified; and cluding the advance fabrication of components, this section, all funds authorized to be appro- (B) provides to the Secretary of Defense and for one LPD–17 class vessel. priated under section 101 for procurement for the congressional defense committees an oper- the Army for fiscal year 2004 that are available Subtitle D—Air Force Programs ational assessment. for the Stryker vehicle program shall be used ex- SEC. 131. AIR FORCE AIR REFUELING TRANSFER (b) OPERATIONAL EVALUATION.—An oper- clusively to develop, procure, and field Stryker ACCOUNT. ational evaluation for purposes of paragraph combat vehicles. (a) TRANSFER ACCOUNT.—There is hereby es- (2)(A) of subsection (a) is an evaluation, con- Subtitle C—Navy Programs tablished an account for the Department of the ducted during operational testing and evalua- SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY Air Force to be known as the Air Force Air Re- tion of the aircraft, as so modified, of the per- FOR F/A–18 AIRCRAFT PROGRAM. fueling Transfer Account. Amounts in such ac- formance of the aircraft with respect to reli- The Secretary of the Navy may, in accordance count may be used in accordance with sub- ability, maintainability, and availability and with section 2306b of title 10, United States section (c). with respect to critical operational issues

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(c) OPERATIONAL ASSESSMENT.—An oper- tion of advanced technologies and concepts for (4) Identification of funding required for fiscal ational assessment for purposes of paragraph advanced gun systems that use electromagnetic year 2004 and for the future years defense pro- (2)(B) of subsection (a) is an operational assess- propulsion for direct and indirect fire applica- gram to carry out the program. ment of the program to modify C–5A aircraft to tions. (5) A description of a plan for industry par- the configuration referred to in subsection (a)(1) (b) DESCRIPTION OF PROGRAM.—The program ticipation in the program. regarding both overall suitability and defi- under subsection (a) shall be carried out col- SEC. 212. AUTHORITY TO SELECT CIVILIAN EM- ciencies of the program to improve performance laboratively pursuant to a memorandum of PLOYEE OF DEPARTMENT OF DE- of the C–5A aircraft relative to requirements and agreement to be entered into among the Sec- FENSE AS DIRECTOR OF DEPART- specifications for reliability, maintainability, retary of the Army, the Secretary of the Navy, MENT OF DEFENSE TEST RESOURCE MANAGEMENT CENTER. and availability of that aircraft as in effect on and the Director of the Defense Advanced Re- Section 196(b)(1) of title 10, United States May 1, 2003. search Projects Agency. The program shall in- Code, is amended— SEC. 134. LIMITATION ON OBLIGATION OF FUNDS clude the following activities: (1) Identification of technical objectives, (1) in the first sentence, by inserting before FOR PROCUREMENT OF F/A–22 AIR- the period at the end the following: ‘‘or from CRAFT. quantified technical barriers, and enabling tech- among senior civilian officials or employees of (a) LIMITATION.—Of the amount appropriated nologies associated with development of the ob- jective electromagnetic gun systems envisioned the Department of Defense who have substan- for fiscal year 2004 for procurement of F/A–22 tial experience in the field of test and evalua- aircraft, $136,000,000 may not be obligated until to meet the needs of each of the Armed Forces and, in so doing, identification of opportunities tion’’; and the Under Secretary of Defense for Acquisition, (2) in the second sentence, by striking ‘‘vice for development of components or subsystems Technology, and Logistics submits to the con- admiral’’ and inserting ‘‘the grade of vice admi- gressional defense committees the Under Sec- common to those envisioned gun systems. (2) Preparation of a time-based plan for devel- ral, or, in the case of a civilian official or em- retary’s certification that— ployee, an equivalent level.’’. (1) the four primary aircraft designated to opment of electromagnetic gun systems for direct SEC. 213. DEVELOPMENT OF THE JOINT TAC- participate in the dedicated initial operational fire applications, indirect fire applications, or both direct and indirect fire applications (in the TICAL RADIO SYSTEM. test and evaluation program for the F/A–22 air- (a) JOINT PROGRAM OFFICE.—The Secretary of craft have each been equipped with the version case of the Army and Marine Corps) and for in- direct fire applications (in the case of the Navy), Defense shall designate a single joint program of the avionics software operational flight pro- office within the Department of Defense for gram that is designated as version 3.1.2 or a which— (A) includes the programs currently planned management of the Joint Tactical Radio System later version; and development program. The Secretary shall pro- (2) before the commencement of that dedicated by the Army and by the Navy and demonstrates how the enabling technologies common to such vide for the head of that office to be selected on initial operational test and evaluation program, a rotating basis from among officers of different those four aircraft (as so equipped) demonstrate, Army and Navy programs are used; and (B) provides estimated dates for decision Armed Forces. on average, an avionics software mean time be- points, prototype demonstrations, and transi- (b) CONSOLIDATED PROGRAM ELEMENTS.—The tween instability events of at least 20 hours. tions of successful cases from the collaborative Secretary shall provide that all funds for devel- (b) CONTINGENCY WAIVER AUTHORITY.—If the program under this section to an acquisition opment and procurement of the Joint Tactical Under Secretary notifies the Secretary of De- program. Radio System program shall be consolidated fense that the Under Secretary is unable to (3) For each of the enabling technologies com- under and managed by the head of the joint make the certification described in subsection mon to the Army and Navy programs, identifica- program office designated under subsection (a). (a), the Secretary may waive the limitation tion of whether lead responsibility for devel- (c) PROGRAM DEVELOPMENT.—The Secretary under that subsection. Upon making such a oping that technology should be assigned to the shall provide that, subject to the authority, di- waiver— Secretary of the Army, the Secretary of the rection, and control of the Secretary, the head (1) the Secretary of Defense shall notify the Navy, or the Director, with the Director favored of the joint program office designated under congressional defense committees of the waiver in cases in which the technology is highly chal- subsection (a) shall— and of the reasons therefor; and lenging or high risk, high reward, and with (1) establish and control the performance (2) the funds described in subsection (a) may each such Secretary favored in cases in which specifications for the Joint Tactical Radio Sys- then be obligated, by reason of such waiver, that Secretary’s military department possesses tem; after the end of the 30-day period beginning on (2) establish and control the standards for de- superior expertise or experience with the tech- the date on which the Secretary’s notification is velopment of the software and equipment for nology. received by those committees. (4) Identification of a strategy for the partici- that system; (3) establish and control the standards for op- TITLE II—RESEARCH, DEVELOPMENT, pation of industry in the program. TEST, AND EVALUATION (c) MATTERS INCLUDED.—The advanced tech- eration of that system; and (4) develop a single, unified concept of oper- nologies and concepts included under the pro- Subtitle A—Authorization of Appropriations ations for all users of that system. gram may include, but are not limited to, the SEC. 201. AUTHORIZATION OF APPROPRIATIONS. following: SEC. 214. FUTURE COMBAT SYSTEMS. Funds are hereby authorized to be appro- (1) Advanced electrical power, energy storage, (a) LIMITATION.—None of the funds author- priated for fiscal year 2004 for the use of the De- and switching systems. ized to be appropriated under section 201(1) for partment of Defense for research, development, (2) Electromagnetic launcher materials and development and demonstration of systems for test, and evaluation as follows: construction techniques for long barrel life. the Future Combat Systems program may be ob- (1) For the Army, $9,332,382,000. (3) Guidance and control systems for electro- ligated or expended until 30 days after the Sec- (2) For the Navy, $14,343,360,000. magnetically launched projectiles. retary of the Army submits to the congressional (3) For the Air Force, $20,548,867,000. (4) Advanced projectiles and other munitions defense committees a report on such program. (4) For Defense-wide activities, $18,461,046,000, for electromagnetic gun systems. The report shall include the following: of which $286,661,000 is authorized for the Direc- (5) Hypervelocity terminal effects. (1) The findings and conclusions of— tor of Operational Test and Evaluation. (d) RELATIONSHIP TO SEPARATE PROGRAMS OF (A) the review of the Future Combat Systems SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND MILITARY DEPARTMENTS.—The Secretary of the program carried out by the independent panel TECHNOLOGY. Army and the Secretary of the Navy shall carry at the direction of the Secretary of Defense; and (a) FISCAL YEAR 2004.—Of the amounts au- out separate programs for the evaluation and (B) the milestone B review of the Future Com- thorized to be appropriated by section 201, demonstration of advanced technologies and bat Systems program carried out by the defense $10,893,077,000 shall be available for the Defense concepts for, and for the further development acquisition board. Science and Technology Program, including and acquisition of, advanced gun systems re- (2) For each of the key performance param- basic research, applied research, and advanced ferred to in subsection (a). Each such Secretary eters relating to the Future Combat Systems pro- technology development projects. shall incorporate in that Secretary’s program gram, the threshold value at which the utility of (b) BASIC RESEARCH, APPLIED RESEARCH, AND the most promising of the technology products the individual systems comprising the Future ADVANCED TECHNOLOGY DEVELOPMENT DE- matured under the program under subsection Combat Systems program become questionable. (3) For each of the three projects requested FINED.—For purposes of this section, the term (a). ‘‘basic research, applied research, and advanced (e) REPORT.—Not later than March 31, 2004, under program element 64645A, Armored Systems technology development’’ means work funded in the Secretary of the Army, the Secretary of the Modernization, a completed analysis of alter- program elements for defense research and de- Navy, and the Director of the Defense Advanced natives. (b) SEPARATE PROGRAM ELEMENTS.—For fiscal velopment under Department of Defense cat- Research Projects Agency shall jointly submit a years beginning with 2004, the Secretary of De- egory 6.1, 6.2, or 6.3. report to the congressional defense committees on the implementation of the program under fense shall ensure that— Subtitle B—Program Requirements, subsection (a). The report shall include the fol- (1) each project under the Army’s Future Restrictions, and Limitations lowing: Combat Systems program (whether in existence SEC. 211. COLLABORATIVE PROGRAM FOR DEVEL- (1) A description of the memorandum of agree- before, on, or after the date of the enactment of OPMENT OF ELECTROMAGNETIC ment entered into under subsection (b). this Act) is assigned a separate, dedicated pro- GUN TECHNOLOGY. (2) The time-based plan required by subsection gram element; and (a) PROGRAM REQUIRED.—The Secretary of (b)(2). (2) before such a program element is assigned Defense shall establish and carry out a collabo- (3) A description of the goals and objectives of to such a project, an analysis of alternatives for rative program for evaluation and demonstra- the program. such project is completed.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.035 H21PT1 H4426 CONGRESSIONAL RECORD — HOUSE May 21, 2003 SEC. 215. ARMY PROGRAM TO PURSUE TECH- (2) Other information needed to understand (20) United States Industrial Base Capabilities NOLOGIES LEADING TO THE EN- that architecture in basic form and the sup- Fund, $100,000,000. HANCED PRODUCTION OF TITANIUM porting analysis. SEC. 302. WORKING CAPITAL FUNDS. BY THE UNITED STATES. (e) COSTS.—Within the amount provided in (a) EFFORTS REQUIRED.—The Secretary of De- Funds are hereby authorized to be appro- section 201(2), the amount of $1,600,000 is au- priated for fiscal year 2004 for the use of the fense shall— thorized, within Program Element 65154N, for (1) assess promising technologies leading to Armed Forces and other activities and agencies the purposes of this section. the enhanced production of titanium by the of the Department of Defense for providing cap- United States; and Subtitle C—Ballistic Missile Defense ital for working capital and revolving funds in (2) select, on a competitive basis, the most via- SEC. 221. ENHANCED FLEXIBILITY FOR BALLISTIC amounts as follows: ble such technologies for research, development, MISSILE DEFENSE SYSTEMS. (1) For the Defense Working Capital Funds, and production. (a) FLEXIBILITY FOR SPECIFICATION OF PRO- $632,261,000. (b) EXECUTIVE AGENT.—The Secretary of the GRAM ELEMENTS.—Subsection (a) of section 223 (2) For the National Defense Sealift Fund, Army shall serve as executive agent in carrying of title 10, United States Code, is amended— $1,102,762,000. out subsection (a). (1) by inserting ‘‘BY PRESIDENT’’ in the sub- (3) For the Defense Commissary Agency Work- (c) FUNDING.—Of the funds authorized to be section heading after ‘‘SPECIFIED’’; ing Capital Fund, $1,089,246,000. appropriated by section 201(1) for research, de- (2) by striking ‘‘program elements governing SEC. 303. OTHER DEPARTMENT OF DEFENSE PRO- velopment, test, and evaluation, Army, for fiscal functional areas as follows:’’ and inserting GRAMS. year 2004, $8,000,000 shall be available in pro- ‘‘such program elements as the President may (a) DEFENSE HEALTH PROGRAM.—Funds are gram element 62624A to carry out this section. specify.’’; and hereby authorized to be appropriated for the De- SEC. 216. EXTENSION OF REPORTING REQUIRE- (3) by striking paragraphs (1) through (6). partment of Defense for fiscal year 2004 for ex- MENT FOR RAH–66 COMANCHE AIR- (b) CONFORMING AMENDMENTS.—(1) Sub- penses, not otherwise provided for, for the De- CRAFT PROGRAM. section (c) of such section is amended by strik- fense Health Program, $15,317,063,000, of Section 211 of the Bob Stump National De- ing ‘‘for each program element specified in sub- which— fense Authorization Act for Fiscal Year 2003 section (a)’’ and inserting ‘‘for a fiscal year for (1) $14,923,441,000 is for Operation and Main- (Public Law 107–314; 116 Stat. 2479) is amended any program element specified for that fiscal tenance; in subsection (a) by inserting ‘‘and fiscal year year pursuant to subsection (a)’’. (2) $65,796,000 is for Research, Development, 2004’’ after ‘‘fiscal year 2003’’. (2) Subsection (c)(3) of section 232 of the Na- Test, and Evaluation; and SEC. 217. STUDIES OF FLEET PLATFORM ARCHI- tional Defense Authorization Act for Fiscal (3) $327,826,000 is for Procurement. TECTURES FOR THE NAVY. Year 2002 (Public Law 107–107; 115 Stat. 1037; 10 (b) CHEMICAL AGENTS AND MUNITIONS DE- (a) INDEPENDENT STUDIES.—(1) The Secretary U.S.C. 2431 note) is amended by striking ‘‘each STRUCTION, DEFENSE.—(1) Funds are hereby au- of Defense shall provide for the performance of functional area’’ and all that follows through thorized to be appropriated for the Department eight independent studies on alternative future ‘‘subsection (b),’’ and inserting ‘‘each then-cur- of Defense for fiscal year 2004 for expenses, not fleet platform architectures for the Navy. rent program element for ballistic missile defense otherwise provided for, for Chemical Agents and (2) The Secretary shall forward the results of systems in effect pursuant to subsection (a) or Munitions Destruction, Defense, $1,580,261,000, each study to the congressional defense commit- (b)’’. of which— tees not later than March 1, 2004. (c) AMENDMENTS RELATING TO CHANGES IN AC- (A) $1,249,168,000 is for Operation and Main- (3) Each such study shall be submitted both in QUISITION TERMINOLOGY.—(1) Section 223(b)(2) tenance; unclassified, and to the extent necessary, in of title 10, United States Code, is amended by (B) $251,881,000 is for Research, Development, classified versions. striking ‘‘means the development phase whose’’ Test, and Evaluation; and (b) ENTITIES TO PERFORM STUDIES.—The Sec- and inserting ‘‘means the period in the course of (C) $79,212,000 is for Procurement. retary of Defense shall provide for the studies an acquisition program during which the’’. (2) Amounts authorized to be appropriated under subsection (a) to be performed as follows: (2) Subsection (d)(1) of section 232 of the Na- under paragraph (1) are authorized for— (1) One shall be performed by the Secretary of tional Defense Authorization Act for Fiscal (A) the destruction of lethal chemical agents the Navy, using Department of the Navy per- Year 2002 (Public Law 107–107; 115 Stat. 1037; 10 and munitions in accordance with section 1412 sonnel. U.S.C. 2431 note) is amended by striking ‘‘, as of the Department of Defense Authorization (2) Four shall be performed by qualified ana- added by subsection (b)’’. Act, 1986 (50 U.S.C. 1521); and lytical organizations external to Department of TITLE III—OPERATION AND (B) the destruction of chemical warfare mate- Defense. MAINTENANCE riel of the United States that is not covered by (3) Three shall be performed by defense firms, section 1412 of such Act. or teams of defense firms, in the private sector. Subtitle A—Authorization of Appropriations (c) DRUG INTERDICTION AND COUNTER-DRUG (c) PERFORMANCE OF STUDIES.—(1) The Sec- SEC. 301. OPERATION AND MAINTENANCE FUND- ACTIVITIES, DEFENSE-WIDE.—Funds are hereby retary of Defense shall require each entity un- ING. authorized to be appropriated for the Depart- dertaking one of the studies under this section Funds are hereby authorized to be appro- ment of Defense for fiscal year 2004 for ex- to commit to performing the study independ- priated for fiscal year 2004 for the use of the penses, not otherwise provided for, for Drug ently from the other studies and, in the case of Armed Forces and other activities and agencies Interdiction and Counter-Drug Activities, De- the entities selected under paragraphs (2) and of the Department of Defense for expenses, not fense-wide, $817,371,000. (3) of subsection (b), independently from the otherwise provided for, for operation and main- (d) DEFENSE INSPECTOR GENERAL.—Funds are Navy, so as to ensure independent analysis. tenance, in amounts as follows: hereby authorized to be appropriated for the De- (2) In performing a study under this section, (1) For the Army, $25,050,587,000. partment of Defense for fiscal year 2004 for ex- the entity performing the study shall consider (2) For the Navy, $27,901,790,000. penses, not otherwise provided for, for the Of- the following: (3) For the Marine Corps, $3,517,756,000. fice of the Inspector General of the Department (A) The National Security Strategy of the (4) For the Air Force, $25,434,460,000. of Defense, $162,449,000. United States. (5) For Defense-wide activities, $16,134,047,000. (B) Potential future threats to the United (6) For the Army Reserve, $1,954,009,000. Subtitle B—Environmental Provisions States and to United States naval forces. (7) For the Naval Reserve, $1,171,921,000. SEC. 311. REAUTHORIZATION AND MODIFICATION (C) The traditional roles and missions of (8) For the Marine Corps Reserve, OF TITLE I OF SIKES ACT. United States naval forces. $199,452,000. (a) REAUTHORIZATION.—Section 108 of the (D) Alternative roles and missions. (9) For the Air Force Reserve, $2,170,188,000. Sikes Act (16 U.S.C. 670f) is amended by striking (E) The role of evolving technology on future (10) For the Army National Guard, ‘‘fiscal years 1998 through 2003’’ each place it naval forces. $4,194,331,000. appears and inserting ‘‘fiscal years 2004 through (F) Opportunities for reduced manning and (11) For the Air National Guard, 2008’’. unmanned ships and vehicles in future naval $4,404,646,000. (b) SENSE OF CONGRESS REGARDING SECTION forces. (12) For the United States Court of Appeals 107.—(1) Congress finds the following: (3) Each entity performing a study under this for the Armed Forces, $10,333,000. (A) The Department of Defense maintains section, while cognizant of current overall fleet (13) For Environmental Restoration, Army, over 25,000,000 acres of valuable fish and wild- platform architecture, shall not allow the cur- $396,018,000. life habitat on approximately 400 military instal- rent features of fleet platform architecture to (14) For Environmental Restoration, Navy, lations nationwide. constrain the analysis for purposes of that $256,153,000. (B) These lands contain a wealth of plant and study. (15) For Environmental Restoration, Air animal life, vital wetlands for migratory birds, (d) NAVAL STUDIES.—Each study under this Force, $384,307,000. and nearly 300 federally listed threatened spe- section shall present one or two possible overall (16) For Environmental Restoration, Defense- cies and endangered species. fleet platform architectures. For each such ar- wide, $24,081,000. (C) Increasingly, land surrounding military chitecture presented, the study shall include the (17) For Environmental Restoration, Formerly bases are being developed with residential and following: Used Defense Sites, $212,619,000. commercial infrastructure that fragments fish (1) The numbers, kinds, and sizes of vessels, (18) For Overseas Humanitarian, Disaster, and wildlife habitat and decreases its ability to the numbers and types of associated manned and Civic Aid programs, $59,000,000. support a diversity of species. and unmanned vehicles, and the basic capabili- (19) For Cooperative Threat Reduction pro- (D) Comprehensive conservation plans, such ties of each of those platforms. grams, $450,800,000. as integrated natural resource management

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.035 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4427 plans under the Sikes Act (16 U.S.C. 670 et seq.), subsection (a) shall be in lieu of mitigating wet- or condition, such as an oil spill, that threatens can ensure that these ecosystem values can be land impacts through the creation of a wetland serious harm to the environment.’’. protected and enhanced while allowing these on Federal property. SEC. 315. REQUIREMENTS FOR RESTORATION AD- lands to meet the needs of military operations. ‘‘(c) TREATMENT OF PAYMENTS.—Payments VISORY BOARDS AND EXEMPTION (E) Section 107 of the Sikes Act (16 U.S.C. made under subsection (a) to a wetland mitiga- FROM FEDERAL ADVISORY COM- 670e–2) requires sufficient numbers of profes- tion banking program or consolidated user site MITTEE ACT. sionally trained natural resources management may be treated as eligible project costs for mili- (a) MEMBERSHIP AND MEETING REQUIREMENTS personnel and natural resources law enforce- tary construction.’’. FOR RESTORATION ADVISORY BOARDS.—The Sec- ment personnel to be available and assigned re- (b) CLERICAL AMENDMENT.—The table of sec- retary of Defense shall amend the regulations sponsibility to perform tasks necessary to carry tions at the beginning of such chapter is amend- required by section 2705(d)(2) of title 10, United out title I of the Sikes Act, including the prepa- ed by inserting after the item relating to section States Code, relating to the establishment, char- ration and implementation of integrated natural 2694a the following new item: acteristics, composition, and funding of restora- resource management plans. ‘‘2694b. Participation in wetland mitigation tion advisory boards to ensure that each res- (F) Managerial and policymaking functions banks.’’. toration advisory board complies with the fol- lowing requirements: performed by Department of Defense on-site pro- SEC. 313. INCLUSION OF ENVIRONMENTAL RE- fessionally trained natural resource manage- SPONSE EQUIPMENT AND SERVICES (1) Each restoration advisory board shall be ment personnel on military installations are ap- IN NAVY DEFINITIONS OF SALVAGE fairly balanced in its membership in terms of the propriate governmental functions. FACILITIES AND SALVAGE SERVICES. points of view represented and the functions to (G) Professionally trained civilian biologists in (a) SALVAGE FACILITIES.—Section 7361 of title be performed. permanent Federal Government career manage- 10, United States Code, is amended by adding at (2) Unless a closed or partially closed meeting rial positions are essential to oversee fish and the end the following new subsection: is determined to be proper in accordance with wildlife and natural resource conservation pro- ‘‘(e) SALVAGE FACILITIES DEFINED.—In this one or more of the exceptions listed in the sec- grams are essential to the conservation of wild- section, the term ‘salvage facilities’ includes tion 552b(c) of title 5, United States Code, each life species on military land. equipment and gear utilized to prevent, abate, meeting of a restoration advisory board shall (2) It is the sense of Congress that the Sec- or minimize damage to the environment in con- be— retary of Defense should take whatever steps nection with a marine salvage operation.’’. (A) held at a reasonable time and in a manner are necessary to ensure that section 107 of the (b) SETTLEMENT OF CLAIMS FOR SALVAGE or place reasonably accessible to the public, in- Sikes Act (16 U.S.C. 670e–2) is fully implemented SERVICES.—Section 7363 of such title is amend- cluding individuals with disabilities; and consistent with the findings made in paragraph ed— (B) open to the public. (1). (1) by inserting ‘‘(a) AUTHORITY TO SETTLE (3) Timely notice of each meeting of a restora- (c) PILOT PROGRAM FOR INVASIVE SPECIES CLAIM.—’’ before ‘‘The Secretary’’; and tion advisory board shall be published in a local MANAGEMENT FOR MILITARY INSTALLATIONS.— (2) by adding at the end the following new newspaper of general circulation. (1) Section 101(b)(1) of the Sikes Act (16 U.S.C. subsection: (4) Interested persons may appear before or 670a(b)(1)) is amended by redesignating sub- ‘‘(b) SALVAGE SERVICES DEFINED.—In this sec- file statements with a restoration advisory paragraphs (D) through (J) in order as subpara- tion, the term ‘salvage services’ includes services board, subject to such reasonable restrictions as graphs (E) through (K), and by inserting after performed in connection with a marine salvage the Secretary may prescribe. subparagraph (C) the following: operation that are intended to prevent, abate, or (5) Subject to section 552 of title 5, United ‘‘(D) during fiscal years 2004 through 2008, in minimize damage to the environment.’’. States Code, the records, reports, minutes, ap- the case of a plan for a military installation in SEC. 314. CLARIFICATION OF DEPARTMENT OF pendixes, working papers, drafts, studies, agen- Guam, management, control, and eradication of DEFENSE RESPONSE TO ENVIRON- da, or other documents that were made avail- invasive species that are not native to the eco- MENTAL EMERGENCIES. able to, prepared for, or prepared by each res- system of the military installation and the intro- (a) TRANSPORTATION OF HUMANITARIAN RE- toration advisory board shall be available for duction of which cause or may cause harm to LIEF SUPPLIES TO RESPOND TO ENVIRONMENTAL public inspection and copying at a single, pub- military readiness, the environment, the econ- EMERGENCIES.—Section 402 of title 10, United licly accessible location, such as a public library omy, or human health and safety;’’. States Code, is amended— or an appropriate office of the military installa- (2) The amendment made by paragraph (1) (1) by redesignating subsection (d) as sub- tion for which the restoration advisory board is shall apply— section (e); and established, at least until the restoration advi- (A) to any integrated natural resources man- (2) by inserting after subsection (c) the fol- sory board is terminated. agement plan prepared for a military installa- lowing new subsection (d): (6) Detailed minutes of each meeting of each tion in Guam under section 101(a)(1) of the ‘‘(d) RESPONSE TO ENVIRONMENTAL EMER- restoration advisory board shall be kept and Sikes Act (16 U.S.C. 670a(a)(1)) on or after the GENCIES.—The authority of the Secretary of De- shall contain a record of the persons present, a date of the enactment of this Act; and fense to transport humanitarian relief supplies complete and accurate description of matters (B) to any integrated natural resources man- under this section includes the authority to discussed and conclusions reached, and copies agement plan prepared for a military installa- transport supplies intended for use to respond of all reports received, issued, or approved by tion in Guam under section 101(a)(1) of the to, or mitigate the effects of, an event or condi- the restoration advisory board. The accuracy of Sikes Act (16 U.S.C. 670a(a)(1)) before the date tion, such as an oil spill, that threatens serious the minutes of a restoration advisory board of the enactment of this Act, effective March 1, harm to the environment.’’. shall be certified by the chairperson of the 2004. (b) CONDITIONS ON PROVISION OF TRANSPOR- board. TATION.—Subsection (b) of such section is SEC. 312. AUTHORIZATION FOR DEFENSE PAR- (b) FACA EXEMPTION.—Section 2705(d)(2) of TICIPATION IN WETLAND MITIGA- amended— title 10, United States Code, is amended by add- TION BANKS. (1) in paragraph (1)(C), by inserting ‘‘or enti- ing at the end the following new subparagraph: (a) IN GENERAL.—Chapter 159 of title 10, ty’’ after ‘‘people’’; ‘‘(C) The Federal Advisory Committee Act (5 United States Code, is amended by inserting (2) in paragraph (1)(E), by inserting ‘‘or use’’ U.S.C. App.) shall not apply to a restoration ad- after section 2694a the following new section: after ‘‘distribution’’; and visory board established under this subsection.’’. (3) in paragraph (3), by striking ‘‘donor to en- ‘‘§ 2694b. Participation in wetland mitigation SEC. 316. REPORT REGARDING IMPACT OF CIVIL- sure that supplies to be transported under this IAN COMMUNITY ENCROACHMENT banks section’’ and inserting ‘‘entity requesting the AND CERTAIN LEGAL REQUIRE- ‘‘(a) AUTHORITY TO PARTICIPATE.—The Sec- transport of supplies under this section to en- MENTS ON MILITARY INSTALLA- retary of a military department, and the Sec- sure that the supplies’’. TIONS AND RANGES. retary of Defense with respect to matters con- (c) PROVISION OF DISASTER ASSISTANCE.—Sec- (a) STUDY REQUIRED.—The Secretary of De- cerning a Defense Agency, when engaged in an tion 404 of such title is amended— fense shall conduct a study on the impact, if authorized activity that may or will result in (1) in subsection (a), by inserting ‘‘or serious any, of the following types of activities at mili- the destruction of, or an adverse impact to, a harm to the environment’’ after ‘‘loss of lives’’; tary installations and operational ranges: wetland, may make payments to a wetland miti- and (1) Civilian community encroachment on those gation banking program or ‘in-lieu-fee’ mitiga- (2) in subsection (c)(2), by inserting ‘‘or the military installations and ranges whose oper- tion sponsor approved in accordance with the environment’’ after ‘‘human lives’’. ational training activities, research, develop- Federal Guidance for the Establishment, Use (d) PROVISION OF HUMANITARIAN ASSIST- ment, test, and evaluation activities, or other and Operation of Mitigation Banks (60 Fed. ANCE.—Section 2561(a) of such title is amend- operational, test and evaluation, maintenance, Reg. 58605; November 28, 1995) or the Federal ed— storage, disposal, or other support functions re- Guidance on the Use of In-Lieu-Fee Arrange- (1) by inserting ‘‘(1)’’ before ‘‘To the extent’’; quire, or in the future reasonably may require, ments for Compensatory Mitigation Under Sec- and safety or operational buffer areas. The require- tion 404 of the Clean Water Act and Section 10 (2) by adding at the end the following new ment for such a buffer area may be due to a va- of the Rivers and Harbors Act (65 Fed. Reg. paragraph riety of factors, including air operations, ord- 66913; November 7, 2000), or any successor ad- ‘‘(2) The authority of the Department of De- nance operations and storage, or other activities ministrative guidance. fense to provide humanitarian assistance under that generate or might generate noise, electro- ‘‘(b) ALTERNATIVE TO CREATION OF WET- this section includes the authority to transport magnetic interference, ordnance arcs, or envi- LAND.—Participation in a wetland mitigation supplies or provide assistance intended for use ronmental impacts that require or may require banking program or consolidated user site under to respond to, or mitigate the effects of, an event safety or operational buffer areas.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.035 H21PT1 H4428 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (2) Compliance by the Department of Defense SEC. 317. MILITARY READINESS AND CONSERVA- ‘‘(B) Each additional exemption under this with State Implementation Plans for Air Quality TION OF PROTECTED SPECIES. paragraph shall be effective for a period speci- under section 110 of the Clean Air Act (42 U.S.C. (a) DESIGNATION OF CRITICAL HABITAT.—Sec- fied by the Secretary of Defense, of not more 7410). tion 4(a)(3) of the Endangered Species Act of than 2 years.’’. (3) Compliance by the Department of Defense 1973 (16 U.S.C. 1533(a)(3)) is amended by strik- (c) INCIDENTAL TAKINGS OF MARINE MAMMALS with the Solid Waste Disposal Act (42 U.S.C. ing ‘‘prudent and determinable’’ and inserting IN MILITARY READINESS ACTIVITIES.—Section 6901 et seq.) and the Comprehensive Environ- ‘‘necessary’’. 101(a)(5) of the Marine Mammal Protection Act (b) LIMITATION ON DESIGNATION OF CRITICAL mental Response, Compensation, and Liability of 1972 (16 U.S.C. 1371(a)(5)) is amended— HABITAT.—Section 4(a)(3) of the Endangered Act of 1980 (42 U.S.C. 9601 et seq.). (1) in subparagraph (A)— Species Act of 1973 (16 U.S.C. 1533(a)(3)) is (A) by striking ‘‘within a specified geo- (b) MATTERS TO BE INCLUDED WITH RESPECT amended— TO CIVILIAN ENCROACHMENTS.—With respect to graphical region’’; (1) by redesignating subparagraphs (A) and (B) by striking ‘‘within that region of small paragraph (1) of subsection (a), the study shall (B) as clauses (i) and (ii), respectively; numbers’’; and include the following: (2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and (1) A list of all military installations described (3) by adding at the end the following: (C) by adding at the end the following: in subsection (a)(1) at which civilian community ‘‘(B)(i) The Secretary shall not designate as ‘‘Notwithstanding the preceding sentence, the encroachment is occurring. critical habitat any lands or other geographical Secretary is not required to publish notice under this subparagraph with respect to incidental (2) A description and analysis of the types areas owned or controlled by the Department of takings while engaged in a military readiness and degree of such civilian community en- Defense, or designated for its use, that are sub- activity (as defined in section 315(f) of Public croachment at each military installation in- ject to an integrated natural resources manage- Law 107–314; 16 U.S.C. 703 note) authorized by cluded on the list. ment plan prepared under section 101 of the the Secretary of Defense, except in the Federal (3) An analysis, including views and estimates Sikes Act (16 U.S.C. 670a), if the Secretary de- Register.’’; of the Secretary of Defense, of the current and termines that such plan addresses special man- (2) in subparagraph (B)— potential future impact of such civilian commu- agement considerations or protection (as those (A) by striking ‘‘within a specified geo- nity encroachment on operational training ac- terms are used in section 3(5)(A)(i)). graphical region’’; and tivities, research, development, test, and evalua- ‘‘(ii) Nothing in this paragraph affects the re- quirement to consult under section 7(a)(2) with (B) by striking ‘‘within one or more regions’’; tion activities, and other significant oper- respect to an agency action (as that term is de- and ational, test and evaluation, maintenance, stor- fined in that section). (3) in subparagraph (D)— age, disposal, or other support functions per- ‘‘(iii) Nothing in this paragraph affects the (A) in clause (i)— formed by military installations included on the obligation of the Department of Defense to com- (i) by striking ‘‘within a specific geographic list. The analysis shall include the following: ply with section 9, including the prohibition region’’; (A) A review of training and test ranges at preventing extinction and taking of endangered (ii) by striking ‘‘of small numbers’’; and military installations, including laboratories species and threatened species.’’. (iii) by striking ‘‘within that region’’; and and technical centers of the military depart- (c) CONSIDERATION OF EFFECTS OF DESIGNA- (B) by adding at the end the following: ments, included on the list. TION OF CRITICAL HABITAT.—Section 4(b)(2) of ‘‘(vi) Notwithstanding clause (iii), the Sec- (B) A description and explanation of the the Endangered Species Act of 1973 (16 U.S.C. retary is not required to publish notice under trends of such encroachment, as well as consid- 1533(b)(2)) is amended by inserting ‘‘the impact this subparagraph with respect to an authoriza- eration of potential future readiness problems on national security,’’ after ‘‘the economic im- tion under clause (i) of incidental takings while resulting from unabated encroachment. pact,’’. engaged in a military readiness activity (as de- (4) An estimate of the costs associated with SEC. 318. MILITARY READINESS AND MARINE fined in section 315(f) of Public Law 107–314; 16 current and anticipated partnerships between MAMMAL PROTECTION. U.S.C. 703 note) authorized by the Secretary of the Department of Defense and non-Federal en- (a) DEFINITION OF HARASSMENT.—Section Defense, except in the Federal Register.’’. tities to create buffer zones to preclude further 3(18) of the Marine Mammal Protection Act of SEC. 319. LIMITATION ON DEPARTMENT OF DE- development around military installations in- 1972 (16 U.S.C. 1362(18)) is amended by striking FENSE RESPONSIBILITY FOR CIVIL- cluded on the list, and the costs associated with the matter preceding subparagraph (B) and in- IAN WATER CONSUMPTION IMPACTS the conveyance of surplus property around such serting the following: RELATED TO FORT HUACHUCA, ARI- military installations for purposes of creating ‘‘(18)(A) The term ‘harassment’ means— ZONA. buffer zones. ‘‘(i) any act that injures or has the significant (a) RULE OF CONSTRUCTION.—For purposes of (5) Options and recommendations for possible potential to injure a marine mammal or marine section 7 of the Endangered Species Act of 1973 mammal stock in the wild; or legislative or budgetary changes necessary to (16 U.S.C. 1536), in the case of Fort Huachuca, ‘‘(ii) any act that disturbs or is likely to dis- mitigate current and anticipated future civilian Arizona, the Secretary of the Army may be held turb a marine mammal or marine mammal stock responsible for water consumption that occurs community encroachment problems. in the wild by causing disruption of natural be- (c) MATTERS TO BE INCLUDED WITH RESPECT on that military installation (or outside of that havioral patterns, including, but not limited to, installation but under the direct authority and TO SPECIFIED LAWS.—With respect to para- migration, surfacing, nursing, breeding, feeding, graphs (2) and (3) of subsection (a), the study control of the Secretary). The Secretary of the or sheltering, to a point where such behavioral Army is not responsible for water consumption shall include the following: patterns are abandoned or significantly al- (1) A list of all military installations and other that occurs outside of Fort Huachuca and is be- tered.’’. yond the direct authority and control of the locations at which the Armed Forces are en- (b) EXEMPTION OF ACTIONS NECESSARY FOR Secretary even though the water is derived from countering problems related to compliance with NATIONAL DEFENSE.—Section 101 of the Marine a watershed basin shared by that military in- the laws specified in such paragraphs. Mammal Protection Act of 1972 (16 U.S.C. 1371) stallation and the water consumption outside of (2) A description and analysis of the types is amended by inserting after subsection (e) the that installation may impact a critical habitat and degree of compliance problems encountered. following: or endangered species outside the installation. (3) An analysis, including views and estimates ‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR (b) VOLUNTARY EFFORTS.—Nothing in this of the Secretary of Defense, of the current and NATIONAL DEFENSE.—(1) The Secretary of De- section shall prohibit the Secretary of the Army potential future impact of such compliance fense, after conferring with the Secretary of from voluntarily undertaking efforts to mitigate problems on the following functions performed Commerce, the Secretary of the Interior, or both, water consumption related to Fort Huachuca. at military installations: as appropriate, may exempt any action or cat- (c) DEFINITION OF WATER CONSUMPTION.—In egory of actions undertaken by the Department (A) Operational training activities. this section, the term ‘‘water consumption’’ of Defense or its components from compliance (B) Research, development, test, and evalua- means the consumption of water, from any with any requirement of this Act, if the Sec- tion activities. source, for human purposes of any kind, includ- retary determines that it is necessary for na- (C) Other significant operational, test and ing household or industrial use, irrigation, or tional defense. evaluation, maintenance, storage, disposal, or landscaping. other support functions. ‘‘(2) An exemption granted under this sub- section— (d) EFFECTIVE DATE.—This section applies (4) A description and explanation of the ‘‘(A) subject to subparagraph (B), shall be ef- only to Department of Defense actions regarding trends of such compliance problems, as well as fective for a period specified by the Secretary of which consultation or reconsultation under sec- consideration of potential future readiness prob- Defense; and tion 7 of the Endangered Species Act of 1973 (16 lems resulting from such compliance problems. ‘‘(B) shall not be effective for more than 2 U.S.C. 1536) is first required with regard to Fort (d) REPORT.—Not later than January 31, 2004, years. Huachuca on or after the date of the enactment the Secretary of Defense shall submit to the ‘‘(3)(A) The Secretary of Defense may issue of this Act. Committee on Armed Services of the Senate and additional exemptions under this subsection for SEC. 320. CONSTRUCTION OF WETLAND CROSS- the Committee on Armed Services of the House the same action or category of actions, after— INGS, CAMP SHELBY COMBINED of Representatives a report containing the re- ‘‘(i) conferring with the Secretary of Com- ARMS MANEUVER AREA, CAMP SHEL- sults of the study conducted under subsection merce, the Secretary of the Interior, or both as BY, MISSISSIPPI. (a), including the specific matters required to be appropriate; and Amounts authorized to be appropriated by addressed by paragraphs (1) through (5) of sub- ‘‘(ii) making a new determination that the ad- section 301(1) for operation and maintenance for section (b) and paragraphs (1) through (4) of ditional exemption is necessary for national de- the Army shall be available to the Secretary of subsection (c). fense. the Army to construct wetlands crossings at the

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.036 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4429 Camp Shelby Combined Arms Maneuver Area at performing organization as a result of successful ducted under the revised Office of Management Camp Shelby, Mississippi, for the purpose of en- implementation of a Business Process Re- and Budget circular A–76. suring that combat arms training performed at engineering initiative under the pilot program SEC. 324. NAVAL AVIATION DEPOTS MULTI- that area is conducted in conformance with the shall be exempt, during the five-year period fol- TRADES DEMONSTRATION PROJECT. spirit and intent of applicable environmental lowing such designation, from any Office of (a) DEMONSTRATION PROJECT REQUIRED.—In laws. Management and Budget Circular A–76 competi- accordance with section 4703 of title 5, United Subtitle C—Workplace and Depot Issues tion or other public-private competition involv- States Code, the Secretary of the Navy shall es- SEC. 321. EXCLUSION OF CERTAIN EXPENDI- ing any function that was studied under the tablish a demonstration project under which TURES FROM PERCENTAGE LIMITA- Business Process Reengineering initiative. three Naval Aviation Depots are given the flexi- TION ON CONTRACTING FOR PER- (f) REVIEWS AND REPORTS.—The Secretaries of bility to promote by one grade level workers who FORMANCE OF DEPOT-LEVEL MAIN- the military departments shall conduct annual are certified at the journey level as able to per- TENANCE AND REPAIR WORKLOADS. performance reviews of the participating organi- form multiple trades. Section 2474(f)(1) of title 10, United States zations or functions within their respective de- (b) SELECTION REQUIREMENTS.—As a condi- Code, is amended by striking ‘‘entered into dur- partments. Reviews and reports shall evaluate tion on eligibility for selection to participate in ing fiscal years 2003 through 2006’’. organizational performance measures or func- the demonstration project, a Naval Aviation SEC. 322. HIGH-PERFORMING ORGANIZATION tional performance measures and determine Depot shall submit to the Secretary a business BUSINESS PROCESS RE- whether organizations are performing satisfac- case analysis and concept plan— ENGINEERING PILOT PROGRAM. torily for purposes of continuing participation (1) that, on the basis of the results of analysis (a) PILOT PROGRAM.—(1) The Secretary of De- in the pilot program. of work processes, demonstrate that process im- fense shall establish a pilot program under (g) PERFORMANCE MEASURES.—Performance provements would result from the trade com- which the Secretary of each military department measures should include the following, which binations proposed to be implemented under the shall administer, or continue the implementa- shall be measured against organizational base- demonstration project; and tion of, high-performing organizations at mili- lines determined before participation in the pilot (2) that describes the resulting improvements tary installations through the conduct of a program: in cost, quality, or schedule. Business Process Reengineering initiative. (1) Costs, savings, and overall financial per- (c) PARTICIPATING WORKERS.—(1) Actual (2) The implementation and management of a formance of the organization. worker participation in the demonstration Business Process Reengineering initiative under (2) Organic knowledge, skills or expertise. project shall be determined through competitive the pilot program shall be the responsibility of (3) Efficiency and effectiveness of key func- selection. Not more than 15 percent of the wage the commander of the military installation at tions or processes. grade journeyman at a demonstration project lo- which the Business Process Reengineering ini- (4) Efficiency and effectiveness of the overall cation may be selected to participate. tiative is carried out. organization. (2) Job descriptions and competency-based (b) ELIGIBLE ORGANIZATIONS.—Two types of (5) General customer satisfaction. training plans must be developed for each work- organizations are eligible for selection to partici- (h) DEFINITIONS.—In this section er while in training under the demonstration pate in the pilot program: (1) The term ‘‘high-performing organization’’ project and once certified as a multi-trade work- (1) Organizations that underwent a Business means an organization whose performance ex- er. A certified multi-trade worker who receives a Process Reengineering initiative within the pre- ceeds that of comparable providers, whether pay grade promotion under the demonstration ceding five years, achieved major performance public or private. project must use each new skill during at least enhancements under the initiative, and will be (2) The term ‘‘Business Process Re- 25 percent of the worker’s work week. able to sustain previous or achieve new perform- engineering’’ refers to an organization’s com- (d) FUNDING SOURCE.—Amounts appropriated ance goals through the continuation of its exist- plete and thorough analysis and reengineering for operation and maintenance of the Naval ing or completed Business Process Re- of mission and support functions and processes Aviation Depots selected to participate in the engineering plan. to achieve improvements in performance, includ- (2) Organizations that have not undergone or demonstration project shall be used as the ing a fundamental reshaping of the way work is have not successfully completed a Business source of funds to carry out the demonstration done to better support an organization’s mission Process Reengineering initiative, but which pro- project, including the source of funds for pay and reduce costs. pose to achieve, and reasonably could reach, en- increases made under the project. (e) DURATION.—The demonstration project hanced performance goals through implementa- SEC. 323. DELAYED IMPLEMENTATION OF RE- shall be conducted during fiscal years 2004 tion of a Business Process Reengineering initia- VISED OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76 BY DEPART- through 2006. tive. MENT OF DEFENSE PENDING RE- (f) REPORT.—Not later than January 15, 2007, (c) ADDITIONAL ELIGIBILITY REQUIREMENTS.— PORT. (1) To be eligible for selection to participate in the Secretary shall submit a report to Congress (a) LIMITATION PENDING REPORT.—No studies describing the results of the demonstration the pilot program under subsection (b)(1), an or- or competitions may be conducted under the ganization described in such subsection must be project. policies and procedures contained in any revi- (g) GAO EVALUATION.—The Secretary shall able to demonstrate the completion of a total or- sions to Office of Management and Budget Cir- transmit a copy the report to the Comptroller ganizational assessment that resulted in en- cular A–76, as the circular exists as of May 1, General. Within 90 days after receiving a report, hanced performance measures at least com- 2003, for possible contracting out of work being the Comptroller General shall submit to Con- parable to those that might be achieved through performed, as of such date, by employees of the gress an evaluation of the report. competitive sourcing. Department of Defense, until the end of the 45- (2) To be eligible for selection to participate in Subtitle D—Information Technology day period beginning on the date on which the the pilot program under subsection (b)(2), an or- Secretary of Defense submits to Congress a re- SEC. 331. PERFORMANCE-BASED AND RESULTS- ganization described in such subsection must be BASED MANAGEMENT REQUIRE- port on the impacts and effects of the revisions. able to identify— MENTS FOR CHIEF INFORMATION (b) CONTENT OF REPORT.—The report required (A) functions, processes, and measures to be OFFICERS OF DEPARTMENT OF DE- by subsection (a) shall contain, at a minimum, studied under the Business Process Re- FENSE. specific information regarding the following: engineering initiative; (a) ACCOUNTABILITY.—Section 2223 of title 10, (B) adequate resources for assignment to carry (1) The extent to which the revisions will en- United States Code, is amended— out the Business Process Reengineering initia- sure that employees of the Department of De- (1) by redesignating subsection (c) as sub- tive; and fense have the opportunity to compete to retain section (e); and (C) labor/management agreements in place to their jobs. (2) by inserting after subsection (b) the fol- ensure effective implementation of the Business (2) The extent to which the revisions will pro- lowing new subsection: Process Reengineering initiative. vide appeal and protest rights to employees of ‘‘(c) PERFORMANCE-BASED AND RESULTS-BASED (d) PILOT PROGRAM LIMITATIONS.—The pilot the Department of Defense that are equivalent MANAGEMENT.—In addition to the responsibil- program shall be subject to the following limita- to those available to contractors. ities provided for in subsections (a) and (b), the tions: (3) Identify safeguards in the revisions to en- Chief Information Officer of the Department of (1) Total participants is limited to 15 military sure that all public-private competitions are Defense and the Chief Information Officer of a installations, with some participants to be fair, appropriate, and comply with requirements military department shall— drawn from organizations described in sub- of full and open competition. ‘‘(1) encourage the use of performance-based section (b)(1) and some participants drawn from (4) The plans and strategies of the Depart- and results-based management in fulfilling the organizations described in subsection (b)(2). ment to ensure an appropriate phase-in period responsibilities provided for in subsections (a) (2) During the implementation period for the for the revisions, as recommended by the Com- and (b), as applicable; Business Process Reengineering initiative, but mercial Activities Panel of the Government Ac- ‘‘(2) evaluate the information resources man- not to exceed one year, a participating organi- counting Office in its April 2002 report to Con- agement practices of the department concerned zation shall not be subject to any Office of Man- gress, including recommendations for any legis- with respect to the performance and results of agement and Budget Circular A–76 competition lative changes that may be required to ensure a the investments made by the department in in- or other public-private competition involving smooth and efficient phase-in period. formation technology; any function covered by the Business Process (5) The plans and strategies of the Depart- ‘‘(3) establish effective and efficient capital Reengineering initiative. ment to collect and analyze data on the costs planning processes for selecting, managing, and (e) EFFECT OF SUCCESSFUL IMPLEMENTA- and quality of work contracted out or retained evaluating the results of all of the department’s TION.—An organization designated as a high- in-house as a result of a sourcing process con- major investments in information systems;

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.036 H21PT1 H4430 CONGRESSIONAL RECORD — HOUSE May 21, 2003 ‘‘(4) ensure that any analysis of the missions members on active duty assigned to duty at an active duty (other than for training or for un- of the department is adequate and make rec- overseas location as described in subsection (b) satisfactory participation in training) without ommendations, as appropriate, on the depart- to the same extent as such travel is authorized their consent at the end of the fiscal year. ment’s mission-related processes, administrative for a dependent of a member assigned to that Whenever such units or such individual mem- processes, and any significant investments in in- duty location in a permanent change of station bers are released from active duty during any formation technology to be used in support of status. fiscal year, the end strength prescribed for such those missions; and ‘‘(b) DUTY STATUS COVERED.—Duty at an fiscal year for the Selected Reserve of such re- ‘‘(5) ensure that information security policies, overseas location described in this subsection is serve component shall be proportionately in- procedures, and practices are adequate.’’. duty for a continuous period in excess of one creased by the total authorized strengths of (b) DEFENSE AGENCY RESPONSIBILITIES.—Sec- year that is in a temporary duty status or that such units and by the total number of such indi- tion 2223 of title 10, United States Code, is fur- is in a permanent duty status without change of vidual members. ther amended by inserting after subsection (c), station. SEC. 412. END STRENGTHS FOR RESERVES ON AC- as added by subsection (a), the following new ‘‘(c) TYPES OF TRANSPORTATION AUTHOR- TIVE DUTY IN SUPPORT OF THE RE- subsection: IZED.—If authorized for other members at that SERVES. ‘‘(d) DEFENSE AGENCIES AND FIELD ACTIVI- duty location, travel provided under this section Within the end strengths prescribed in section TIES.—The Secretary of Defense shall require may include (1) travel between the overseas 411(a), the reserve components of the Armed the Director of each Defense Agency and De- duty location and the United States and return, Forces are authorized, as of September 30, 2004, partment of Defense Field Activity to ensure and (2) travel between the overseas duty loca- the following number of Reserves to be serving that the responsibilities set forth in subsections tion and another overseas location and return. on full-time active duty or full-time duty, in the (b) and (c) for Chief Information Officers of ‘‘(d) ALASKA AND HAWAII.—For purposes of case of members of the National Guard, for the military departments are carried out within the this section, duty in Alaska or Hawaii shall be purpose of organizing, administering, recruiting, Agency or Field Activity by any officer or em- considered to be duty at an overseas location.’’. instructing, or training the reserve components: ployee acting as a chief information officer or (b) CLERICAL AMENDMENT.—The table of sec- (1) The Army National Guard of the United carrying out duties similar to a chief informa- tions at the beginning of such chapter is amend- States, 25,386. tion officer.’’. ed by adding at the end the following new item: (2) The Army Reserve, 14,374. Subtitle E—Other Matters ‘‘2648. Dependents of members assigned to over- (3) The Naval Reserve, 14,384. SEC. 341. CATALOGING AND STANDARDIZATION seas duty locations for continuous (4) The Marine Corps Reserve, 2,261. FOR DEFENSE SUPPLY MANAGE- period in excess of one year: (5) The Air National Guard of the United MENT. space-available transportation.’’. States, 12,140. (a) STANDARDIZATION METHODS.—Section 2451 SEC. 343. PRESERVATION OF AIR FORCE RESERVE (6) The Air Force Reserve, 1,660. of title 10, United States Code, is amended to WEATHER RECONNAISSANCE MIS- SEC. 413. END STRENGTHS FOR MILITARY TECH- read as follows: SION. NICIANS (DUAL STATUS). ‘‘§ 2451. Defense supply management The Secretary of Defense shall not disestab- The minimum number of military technicians lish, discontinue, or transfer the weather recon- ‘‘(a) SINGLE CATALOG SYSTEM.—The Secretary (dual status) as of the last day of fiscal year of Defense shall adopt, implement and maintain naissance mission of the Air Force Reserve un- 2004 for the reserve components of the Army and a single catalog system for standardizing sup- less the Secretary determines that another orga- the Air Force (notwithstanding section 129 of plies for the Department of Defense. The single nization or entity can demonstrate that it has title 10, United States Code) shall be the fol- catalog system shall be used for each supply the the capability to perform the same mission with lowing: Department uses, buys, stocks, or distributes. the same capability as the Air Force Reserve. (1) For the Army National Guard of the ‘‘(b) STANDARDIZATION REQUIREMENTS.—To TITLE IV—MILITARY PERSONNEL United States, 24,589. the highest degree practicable, the Secretary of AUTHORIZATIONS (2) For the Army Reserve, 7,844. (3) For the Air National Guard of the Defense shall— Subtitle A—Active Forces ‘‘(1) adopt and use single commercial stand- United States, 22,806. SEC. 401. END STRENGTHS FOR ACTIVE FORCES. ards or voluntary standards, in consultation (4) For the Air Force Reserve, 9,991. The Armed Forces are authorized strengths with industry advisory groups, in order to elimi- SEC. 414. FISCAL YEAR 2004 LIMITATION ON NON- for active duty personnel as of September 30, nate overlapping and duplicate specifications DUAL STATUS TECHNICIANS. 2004, as follows: for supplies for the Department of Defense and The number of non-dual status technicians of (1) The Army, 482,375. to reduce the number of sizes and kind of sup- a reserve component of the Army or the Air (2) The Navy, 375,700. plies that are generally similar; Force as of September 30, 2004, may not exceed (3) The Marine Corps, 175,000. ‘‘(2) standardize the methods of packing, the following: (4) The Air Force, 361,268. packaging, and preserving supplies; and (1) For the Army Reserve, 910. ‘‘(3) make efficient use of the services and fa- SEC. 402. REVISION IN PERMANENT ACTIVE DUTY (2) For the Army National Guard of the cilities for inspecting, testing, and accepting END STRENGTH MINIMUM LEVELS. United States, 1,600. supplies. Effective October 1, 2003, section 691(b) of title (3) For the Air Force Reserve, 90. ‘‘(c) CONSULTATION AND COOPERATION.—The 10, United States Code, is amended as follows: (4) For the Air National Guard of the United Secretary of Defense shall maintain liaison with (1) ARMY.—Paragraph (1) is amended by strik- States, 350. industry advisory groups to coordinate the de- ing ‘‘480,000’’ and inserting ‘‘482,375’’. SEC. 415. PERMANENT LIMITATIONS ON NUMBER velopment of the supply catalog and the stand- (2) AIR FORCE.—Paragraph (4) is amended by OF NON-DUAL STATUS TECHNI- ardization program with the best practices of in- striking ‘‘359,000’’ and inserting ‘‘361,268’’. CIANS. dustry and to obtain the fullest practicable co- Subtitle B—Reserve Forces Section 10217(c) of title 10, United States Code, is amended by striking ‘‘and Air Force Reserve operation and participation of industry in de- SEC. 411. END STRENGTHS FOR SELECTED RE- veloping the supply catalog and the standard- SERVE. may not exceed 175’’ and inserting ‘‘may not ex- ceed 595 and by the Air Force Reserve may not ization program.’’. (a) IN GENERAL.—The Armed Forces are au- exceed 90’’. (b) EQUIPMENT STANDARDIZATION WITH NATO thorized strengths for Selected Reserve per- MEMBERS.—Section 2457 of such title is amended sonnel of the reserve components as of Sep- Subtitle C—Authorizations of Appropriations by striking subsection (d). tember 30, 2004, as follows: SEC. 421. MILITARY PERSONNEL. (c) CONFORMING REPEALS.—(1) Chapter 145 of (1) The Army National Guard of the United There is hereby authorized to be appropriated such title is amended by striking sections 2452, States, 350,000. to the Department of Defense for military per- 2453, and 2454. (2) The Army Reserve, 205,000. sonnel for fiscal year 2004 a total of (2) The table of sections at the beginning of (3) The Naval Reserve, 85,900. $98,938,511,000. The authorization in the pre- such chapter is amended by striking the items (4) The Marine Corps Reserve, 39,600. ceding sentence supersedes any other authoriza- related to sections 2452, 2453, and 2454. (5) The Air National Guard of the United tion of appropriations (definite or indefinite) for SEC. 342. SPACE-AVAILABLE TRANSPORTATION States, 107,000. such purpose for fiscal year 2004. FOR DEPENDENTS OF MEMBERS AS- (6) The Air Force Reserve, 75,800. SEC. 422. ARMED FORCES RETIREMENT HOME. SIGNED TO OVERSEAS DUTY LOCA- (7) The Coast Guard Reserve, 10,000. TIONS FOR CONTINUOUS PERIOD IN There is hereby authorized to be appropriated (b) ADJUSTMENTS.—The end strengths pre- EXCESS OF ONE YEAR. for fiscal year 2004 from the Armed Forces Re- scribed by subsection (a) for the Selected Re- (a) IN GENERAL.—Chapter 157 of title 10, tirement Home Trust Fund the sum of serve of any reserve component shall be propor- United States Code, is amended by adding at the $65,279,000 for the operation of the Armed tionately reduced by— end the following new section: Forces Retirement Home. (1) the total authorized strength of units orga- ‘‘§ 2648. Dependents of members assigned to nized to serve as units of the Selected Reserve of TITLE V—MILITARY PERSONNEL POLICY overseas duty locations for continuous pe- such component which are on active duty (other Subtitle A—General and Flag Officer Matters riod in excess of one year: space-available than for training) at the end of the fiscal year; SEC. 501. STANDARDIZATION OF QUALIFICA- transportation and TIONS FOR APPOINTMENT AS SERV- ‘‘(a) AUTHORITY.—The Secretary of Defense (2) the total number of individual members not ICE CHIEF. shall authorize travel on Government aircraft in units organized to serve as units of the Se- (a) CHIEF OF NAVAL OPERATIONS.—Section on a space-available basis for dependents of lected Reserve of such component who are on 5033(a)(1) of title 10, United States Code, is

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.036 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4431 amended by striking ‘‘from officers on the ac- grade of lieutenant colonel or commander, a (5) by striking subsection (e). tive-duty list in the line of the Navy who are eli- commissioned officer of the Army, Navy, Air (b) CONFORMING AMENDMENTS.—Section gible to command at sea and who hold the grade Force, or Marine Corps covered by paragraph 1406(i)(2) of such title is amended— of rear admiral or above’’ and inserting ‘‘flag (1) must have served on active duty in that (1) in the paragraph heading, by striking officers of the Navy’’. grade for not less than six months. ‘‘MEMBERS’’ and all that follows through ‘‘SAT- (b) COMMANDANT OF THE MARINE CORPS.— ‘‘(3)(A) In order to be eligible for voluntary re- ISFACTORILY’’ and inserting ‘‘ENLISTED MEMBERS Section 5043(a)(1) of title 10, United States Code, tirement in a grade above major or lieutenant REDUCED IN GRADE’’; is amended by striking ‘‘from officers on the ac- commander and below brigadier general or rear (2) by striking ‘‘a member’’ and inserting ‘‘an tive-duty list of the Marine Corps not below the admiral (lower half), a commissioned officer of enlisted member’’; grade of colonel’’ and inserting ‘‘general officers the Army, Navy, Air Force, or Marine Corps (3) by striking ‘‘1998—’’ and all that follows of the Marine Corps’’. covered by paragraph (1) must have served on through ‘‘is reduced in’’ and inserting ‘‘1998, is Subtitle B—Other Officer Personnel Policy active duty in that grade for not less than three reduced in’’; Matters years, except that the Secretary of Defense may (4) by striking ‘‘; or’’ and inserting a period; authorize the Secretary of the military depart- and SEC. 511. REPEAL OF PROHIBITION ON TRANSFER (5) by striking subparagraph (B). BETWEEN LINE OF THE NAVY AND ment concerned to reduce such period to a pe- (c) EFFECTIVE DATE.—The amendments made NAVY STAFF CORPS APPLICABLE TO riod not less than two years. REGULAR NAVY OFFICERS IN ‘‘(B) In order to be eligible for voluntary re- by this section shall apply with respect to the GRADES ABOVE LIEUTENANT COM- tirement in a grade above colonel or captain, in determination of the retired grade of members of MANDER. the case of the Navy, a commissioned officer of the Armed Forces retiring on or after the date of (a) REPEAL.—Section 5582 of title 10, United the Army, Navy, Air Force, or Marine Corps the enactment of this Act. States Code, is repealed. covered by paragraph (1) must have served on Subtitle C—Reserve Component Matters (b) CLERICAL AMENDMENT.—The table of sec- active duty in that grade for not less than one SEC. 521. STREAMLINED PROCESS FOR CONTINU- tions at the beginning of chapter 539 of such year. ATION OF OFFICERS ON THE RE- title is amended by striking the item relating to ‘‘(C) An officer in a grade above major general SERVE ACTIVE-STATUS LIST. section 5582. or rear admiral may be retired in the highest (a) REPEAL OF REQUIREMENT FOR USE OF SE- SEC. 512. RETENTION OF HEALTH PROFESSIONS grade in which the officer served on active duty LECTION BOARDS.—Section 14701 of title 10, OFFICERS TO FULFILL ACTIVE-DUTY satisfactorily for not less than one year, upon United States Code, is amended— SERVICE COMMITMENTS FOLLOWING approval by the Secretary of the military de- (1) in subsection (a)— PROMOTION NONSELECTION. partment concerned and concurrence by the (A) in paragraph (1), by striking ‘‘by a selec- (a) IN GENERAL.—Section 632 of title 10, Secretary of Defense. The function of the Sec- tion board convened under section 14101(b) of United States Code, is amended— retary of Defense under the preceding sentence this title’’ and inserting ‘‘under regulations pre- (1) in subsection (a)(1), by inserting ‘‘except may only be delegated to a civilian official in scribed by the Secretary of Defense; and as provided in paragraph (3) and in subsection the Office of the Secretary of Defense appointed (B) in paragraph (6), by striking ‘‘as a result (c),’’ before ‘‘be discharged’’; and by the President, by and with the advice and of the convening of a selection board under sec- (3) by adding at the end the following new consent of the Senate. tion 14101(b) of this title’’ and inserting ‘‘under subsection: ‘‘(D) The President may waive subparagraph regulations prescribed under paragraph (1)’’; ‘‘(c)(1) If a health professions officer described (A), (B) or (C) in individual cases involving ex- (2) by striking subsections (b) and (c); and in paragraph (2) is subject to discharge under treme hardship or exceptional or unusual cir- (3) by redesignating subsection (d) as sub- subsection (a)(1) and, as of the date on which cumstances. The authority of the President section (b). the officer is to be discharged under that para- under the preceding sentence may not be dele- (b) CONFORMING AMENDMENTS.—(1) Section graph, the officer has not completed a period of gated.’’; 14101(b) of such title is amended— active duty service obligation that the officer in- (2) in subsection (b), by inserting ‘‘or whose (A) by striking ‘‘CONTINUATION BOARDS’’ and curred under section 2005, 2114, 2123, or 2603 of service on active duty in that grade was not de- inserting ‘‘SELECTIVE EARLY SEPARATION this title, the officer shall be retained on active termined to be satisfactory by the Secretary of BOARDS’’; duty until completion of such active duty serv- the military department concerned’’ after ‘‘spec- (B) by striking paragraph (1); ice obligation, and then be discharged under ified in subsection (a)’’; (C) by redesignating paragraphs (2) and (3) as that subsection, unless sooner retired or dis- (3) by striking subsection (c); and paragraphs (1) and (2), respectively; and charged under another provision of law. (4) by redesignating subsection (d) as sub- (D) by striking the last sentence. ‘‘(2) The Secretary concerned may waive the section (c) and in that subsection— (2) Section 14102(a) of such title is amended by applicability of paragraph (1) to any officer if (A) in paragraph (3)— striking ‘‘Continuation boards’’ and inserting the Secretary determines that completion of the (i) in subparagraph (A)— ‘‘Selection boards convened under section active duty service obligation of that officer is (I) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’; 14101(b) of this title’’. not in the best interest of the service. (II) by inserting ‘‘and below brigadier general (3) Section 14705(b)(1) of such title is amended ‘‘(3) This subsection applies to a medical offi- or rear admiral (lower half)’’ after ‘‘lieutenant by striking ‘‘continuation board’’ and inserting cer or dental officer or an officer appointed in commander’’; ‘‘selection board’’. a medical skill other than as a medical officer or (III) by inserting ‘‘, except that the Secretary SEC. 522. CONSIDERATION OF RESERVE OFFI- dental officer (as defined in regulations pre- of Defense may authorize the Secretary of the CERS FOR POSITION VACANCY PRO- scribed by the Secretary of Defense).’’. military department concerned to reduce such MOTIONS IN TIME OF WAR OR NA- (b) TECHNICAL AMENDMENTS.—Sections 630(2), period to a period not less than two years’’ after TIONAL EMERGENCY. 631(a)(3), and 632(a)(3) of such title are amend- ‘‘three years’’; and (a) PROMOTION CONSIDERATION WHILE ON AC- ed by striking ‘‘clause’’ and inserting ‘‘para- (IV) by adding at the end the following new TIVE-DUTY LIST.—(1) Subsection (d) of section graph’’. clauses: 14317 of title 10, United States Code, is amended (c) EFFECTIVE DATE.—The amendments made ‘‘(ii) In order to be credited with satisfactory by striking ‘‘If a reserve officer’’ and inserting by subsection (a) shall not apply in the case of service in a grade above colonel or captain, in ‘‘Except as provided in subsection (e), if a re- an officer who as of the date of the enactment the case of the Navy, a person covered by para- serve officer’’. of this Act is required to be discharged under graph (1) must have served satisfactorily in that (2) Subsection (e) of such section is amended section 632(a)(1) of title 10, United States Code, grade (as determined by the Secretary of the to read as follows: by reason of having failed of selection for pro- military department concerned) as a reserve ‘‘(e) OFFICERS ORDERED TO ACTIVE DUTY IN motion to the next higher regular grade a sec- commissioned officer in active status, or in a re- TIME OF WAR OR NATIONAL EMERGENCY.—(1) A ond time. tired status on active duty, for not less than one reserve officer who is not on the active-duty list SEC. 513. INCREASED FLEXIBILITY FOR VOL- year. and who is ordered to active duty in time of war UNTARY RETIREMENT FOR MILITARY ‘‘(iii) An officer covered by paragraph (1) who or national emergency may, if eligible, be con- OFFICERS. is in a grade above the grade of major general sidered for promotion— (a) IN GENERAL.—Section 1370 of title 10, or rear admiral may be retired in the highest ‘‘(A) by a mandatory promotion board con- United States Code, is amended— grade in which the officer served satisfactorily vened under section 14101(a) of this title or a (1) in subsection (a)— for not less than one year, upon approval by the special selection board convened under section (A) in paragraph (1)— Secretary of the military department concerned 14502 of this title; or (i) by striking ‘‘except as provided in para- and concurrence by the Secretary of Defense. ‘‘(B) in the case of an officer who has been or- graph (2)’’ and inserting ‘‘subject to paragraphs The function of the Secretary of Defense under dered to or is serving on active duty in support (2) and (3)’’; and the preceding sentence may only be delegated to of a contingency operation, by a vacancy pro- (ii) by striking ‘‘, for not less than six a civilian official in the Office of the Secretary motion board convened under section 14101(a) of months’’; of Defense appointed by the president, by and this title. (B) by redesignating paragraph (3) as para- with the advice and consent of the Senate.’’; ‘‘(2) An officer may not be considered for pro- graph (4); and (ii) in subparagraphs (D) and (E), by striking motion under this subsection after the end of (C) by striking paragraph (2) and inserting subparagraph (A)’’ and inserting ‘‘subpara- the two-year period beginning on the date on the following: graph (A)(i)’’; and which the officer is ordered to active duty. ‘‘(2) In order to be eligible for voluntary re- (iii) by striking subparagraph (F); and ‘‘(3) An officer may not be considered for pro- tirement under this title in a grade below the (B) by striking paragraphs (5) and (6); and motion under this subsection during a period

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.036 H21PT1 H4432 CONGRESSIONAL RECORD — HOUSE May 21, 2003 when the operation of this section has been sus- ommendation of the Director and faculty of the SEC. 533. INCREASE IN ALLOCATION OF SCHOL- pended by the President under the provisions of Command and Staff College of the Marine Corps ARSHIPS UNDER ARMY RESERVE section 123 or 10213 of this title. University, the President of the Marine Corps ROTC SCHOLARSHIP PROGRAM TO ‘‘(4) Consideration of an officer for promotion University may confer the degree of master of STUDENTS AT MILITARY JUNIOR COLLEGES. under this subsection shall be under regulations operational studies upon graduates of the Com- Section 2107a(h) of title 10, United States prescribed by the Secretary of the military de- mand and Staff College’s School of Advanced Code, is amended by striking ‘‘10’’ each place it partment concerned.’’. Warfighting who fulfill the requirements for appears and inserting ‘‘17’’. (b) CONFORMING AMENDMENT.—Section that degree.’’. 14315(a)(1) of such title is amended by striking SEC. 534. INCLUSION OF ACCRUED INTEREST IN (b) EFFECTIVE DATE.—The authority to confer AMOUNTS THAT MAY BE REPAID ‘‘as determined by the Secretary concerned, is the degree of master of operational studies UNDER SELECTED RESERVE CRIT- available’’ and inserting ‘‘under regulations under section 7102(c) of title 10, United States ICAL SPECIALTIES EDUCATION LOAN prescribed by the Secretary concerned, has been Code (as added by subsection (a)) may not be REPAYMENT PROGRAM. recommended’’. exercised until the Secretary of Education deter- Section 16301 of title 10, United States Code, is SEC. 523. SIMPLIFICATION OF DETERMINATION mines, and certifies to the President of the Ma- amended— OF ANNUAL PARTICIPATION FOR rine Corps University, that the requirements es- (1) in subsection (b), by inserting before the PURPOSES OF READY RESERVE tablished by the Command and General Staff period at the end the following: ‘‘, plus the TRAINING REQUIREMENTS. College of the Marine Corps University for that amount of any interest that may accrue during Subsection (a) of section 10147 of title 10, degree are in accordance with generally appli- the current year’’; and United States Code, is amended to read as fol- cable requirements for a degree of master of arts. (2) in subsection (c), by adding at the end the lows: Upon receipt of such a certification, the Presi- following new sentence: ‘‘For the purposes of ‘‘(a)(1) Except as provided pursuant to para- dent of the University shall promptly transmit a this section, any interest that has accrued on graph (2), each person who is enlisted, inducted, copy of the certification to the Committee on the loan for periods before the current year or appointed in an armed force and who be- Armed Services of the Senate and Committee on shall be considered as within the total loan comes a member of the Ready Reserve under any Armed Services of the House of Representatives. amount that shall be repaid.’’. provision of law other than section 513 or SEC. 535. AUTHORITY FOR NONSCHOLARSHIP 10145(b) of this title shall be required, while in SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE SENIOR ROTC SOPHOMORES TO VOL- the Ready Reserve, to participate in a combina- AUTHORITY FOR CADETS AND MID- UNTARILY CONTRACT FOR AND RE- tion of drills, training periods, and active duty SHIPMEN RECEIVING ROTC SCHOL- CEIVE SUBSISTENCE ALLOWANCE. ARSHIPS. equivalent to 38 days (exclusive of travel) during (a) AUTHORITY FOR ALLOWANCE.—Section 209 each year. (a) FINANCIAL ASSISTANCE PROGRAM FOR of title 37, United States Code, is amended— ‘‘(2) The Secretary of Defense, and the Sec- SERVICE ON ACTIVE DUTY.—Section 2107(c) of (1) by redesignating subsections (c) and (d) as retary of Homeland Security with respect to the title 10, United States Code, is amended by add- subsections (d) and (e), respectively; and Coast Guard when it is not operating as a serv- ing at the end the following new paragraphs: (2) by inserting after subsection (b) the fol- ice in the Navy, may prescribe regulations pro- ‘‘(3) In the case of a cadet or midshipman eli- lowing new subsection (c): viding specific exceptions for the requirements of gible to receive financial assistance under para- ‘‘(c) NONSCHOLARSHIP SENIOR ROTC MEMBERS paragraph (1).’’. graph (1) or (2), the Secretary of the military de- NOT IN ADVANCED TRAINING.—A member of the SEC. 524. AUTHORITY FOR DELEGATION OF RE- partment concerned may, in lieu of all or part of Selected Reserve Officers’ Training Corps who QUIRED SECRETARIAL SPECIAL the financial assistance described in paragraph has entered into an agreement under section FINDING FOR PLACEMENT OF CER- (1), provide financial assistance in the form of 2103a of title 10 is entitled to a monthly subsist- TAIN RETIRED MEMBERS IN READY room and board expenses for the cadet or mid- ence allowance at a rate prescribed under sub- RESERVE. section (a). The allowance may be paid to the The last sentence of section 10145(d) of title shipman and other expenses required by the educational institution. member for a maximum of 20 months.’’. 10, United States Code, is amended to read as (b) AUTHORITY TO ACCEPT ENROLLMENT.—(1) follows: ‘‘The authority of the Secretary con- ‘‘(4) The total amount of financial assistance, Chapter 103 of title 10, United States Code, is cerned under the preceding sentence may not be including the payment of room and board and amended by inserting after section 2103 the fol- delegated— other educational expenses, provided to a cadet lowing new section: ‘‘(1) to a civilian officer or employee of the or midshipman in an academic year under this ‘‘§ 2103a. Students not eligible for advanced military department concerned below the level of subsection may not exceed an amount equal to training: commitment to military service the Assistant Secretary of the military depart- the amount that could be provided as financial ment concerned; or assistance for such cadet or midshipman under ‘‘(a) A member of the program who has com- ‘‘(2) to a member of the armed forces below the paragraph (1) or (2), or other amount deter- pleted successfully the first year of a four-year level of the lieutenant general or vice admiral in mined by the Secretary concerned, without re- Senior Reserve Officers’ Training Corps course an armed force with responsibility for military gard to whether room and board and other edu- and who is not eligible for advanced training personnel policy in that armed force.’’. cational expenses for such cadet or midshipman under section 2104 of this title and is not a cadet or midshipman appointed under section 2107 of SEC. 525. AUTHORITY TO PROVIDE EXPENSES OF are paid under paragraph (3).’’. this title may— ARMY AND AIR STAFF PERSONNEL ‘‘(b) FINANCIAL ASSISTANCE PROGRAM FOR ‘‘(1) contract with the Secretary of the mili- AND NATIONAL GUARD BUREAU PER- SERVICE IN TROOP PROGRAM UNITS.—Section tary department concerned, or the Secretary’s SONNEL ATTENDING NATIONAL 2107a(c) of such title is amended— CONVENTIONS OF CERTAIN MILI- designated representative, to serve for the period TARY ASSOCIATIONS. (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and required by the program; and (a) AUTHORITY.—Section 107(a)(2) of title 32, (2) by adding at the end the following new ‘‘(2) agree in writing to accept an appoint- United States Code, is amended— paragraphs: ment, if offered, as a commissioned officer in the (1) by striking ‘‘officers’’ and inserting ‘‘mem- Army, Navy, Air Force, or Marine Corps, as the ‘‘(2) In the case of a cadet eligible to receive bers’’; case may be, and to serve in the armed forces for financial assistance under paragraph (1), the (2) by striking ‘‘Army General Staff’’ and in- the period prescribed by the Secretary. Secretary of the military department concerned serting ‘‘Army Staff’’; and ‘‘(b) A member of the program may enter into may, in lieu of all or part of the financial assist- (3) by striking ‘‘National Guard Association of a contract and agreement under this section ance described in paragraph (1), provide finan- the United States’’ and inserting ‘‘, Enlisted As- (and receive a subsistence allowance under sec- cial assistance in the form of room and board sociation of the National Guard of the United tion 209(c) of title 37) only if the person— expenses for such cadet and other expenses re- States, National Guard Association of the ‘‘(1) is a citizen of the United States; quired by the educational institution. United States,’’. ‘‘(2) enlists in an armed force under the juris- (b) EFFECTIVE DATE.—The amendments made ‘‘(3) The total amount of financial assistance, diction of the Secretary of the military depart- by subsection (a) shall not apply with respect to including the payment of room and board and ment concerned for the period prescribed by the funds appropriated for a fiscal year before fiscal any other educational expenses, provided to a Secretary; and year 2004. cadet in an academic year under this subsection ‘‘(3) executes a certificate of loyalty in such Subtitle D—Military Education and Training may not exceed an amount equal to the amount form as the Secretary of Defense prescribes or that could be provided as financial assistance take a loyalty oath as prescribed by the Sec- SEC. 531. AUTHORITY FOR THE MARINE CORPS for such cadet under paragraph (1), or other UNIVERSITY TO AWARD THE DEGREE retary. OF MASTER OF OPERATIONAL STUD- amount determined by the Secretary of the ‘‘(c) A member of the program who is a minor IES. Army, without regard to whether the room and may enter into a contract under subsection (a) AUTHORITY.—Section 7102 of title 10, board and other educational expenses for such (a)(1) only with the consent of the member’s United States Code, is amended— cadet are paid under paragraph (2).’’. parent or guardian.’’. (1) by redesignating subsections (c) and (d) as (c) EFFECTIVE DATE.—The amendments made (2) The table of sections at the beginning of subsections (d) and (e), respectively; and by this section shall apply to payment of ex- such chapter is amended by adding at the end (2) by inserting after subsection (b) the fol- penses of cadets and midshipmen of the Senior the following new item: lowing new subsection (c): Reserve Officers’ Training Corps program that ‘‘2103a. Students not eligible for advanced train- ‘‘(c) COMMAND AND STAFF COLLEGE OF THE are due after the date of the enactment of this ing: commitment to military serv- MARINE CORP UNIVERSITY.—Upon the rec- Act. ice.’’.

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.036 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4433 SEC. 536. APPOINTMENTS TO MILITARY SERVICE (1) The United States Military Academy. (8) Curricula and training, including stand- ACADEMIES FROM NOMINATIONS (2) The United States Naval Academy. ard training programs for cadets at the United MADE BY DELEGATES FROM GUAM, (3) The United States Air Force Academy. States Military Academy and midshipmen at the VIRGIN ISLANDS, AND AMERICAN SEC. 538. AUTHORIZATION FOR NAVAL POST- United States Naval Academy and for perma- SAMOA. GRADUATE SCHOOL TO PROVIDE IN- nent personnel assigned to those academies. (a) UNITED STATES MILITARY ACADEMY.—Sec- STRUCTION TO ENLISTED MEMBERS (9) Responses to sexual harassment and vio- tion 4342(a) of title 10, United States Code, is PARTICIPATING IN CERTAIN PRO- lence at those academies, including standard amended— GRAMS. (1) in paragraphs (6) and (8), by striking guidelines. (a) INSTRUCTION OF ENLISTED MEMBERS.— (10) Other issues identified by the task force ‘‘Two’’ and inserting ‘‘Three’’; and Subsection (a) of section 7045 of title 10, United relating to sexual harassment and violence at (2) in paragraph (9), by striking ‘‘One’’ and States Code, is amended by striking paragraph inserting ‘‘Two’’. those academies. (2) and inserting the following: (c) METHODOLOGY.—The task force shall con- (b) UNITED STATES NAVAL ACADEMY.—Section ‘‘(2) The Secretary may permit enlisted mem- 6954(a) of such title is amended— sider the findings and recommendations of pre- bers of the armed forces to receive instruction at vious reviews and investigations of sexual har- (1) in paragraphs (6) and (8), by striking the Naval Postgraduate School for the purpose ‘‘Two’’ and inserting ‘‘Three’’; and assment and violence conducted for those acad- of attending— emies as one of the bases for its assessment. (2) in paragraph (9), by striking ‘‘One’’ and ‘‘(A) executive level seminars; or (d) REPORT.—(1) The task force shall submit inserting ‘‘Two’’. ‘‘(B) the information security scholarship pro- to the Secretary of Defense and the Secretaries (c) UNITED STATES AIR FORCE ACADEMY.— gram under chapter 112 of this title. Section 9342(a) of such title is amended— ‘‘(3) In addition to instruction authorized of the Army and the Navy a report on the ac- (1) in paragraphs (6) and (8), by striking under paragraph (2), the Secretary may, on a tivities of the task force and on the activities of ‘‘Two’’ and inserting ‘‘Three’’; and space-available basis, permit an enlisted member the United States Military Academy and the (2) in paragraph (9), by striking ‘‘One’’ and of any of the armed forces to receive instruction United States Naval Academy to respond to sex- inserting ‘‘Two’’. at the Naval Postgraduate School if the member ual harassment and violence at those academies. (2) The report shall include the following: (d) EFFECTIVE DATE.—The amendments made is assigned permanently to the staff of the Naval (A) Any barriers to implementation of im- by this section shall apply with respect to the Postgraduate School or to a nearby command.’’. provements as a result of those efforts. nomination of candidates for appointment to the (b) REIMBURSEMENT.—Subsection (b) of such (B) Other areas of concern not previously ad- United States Military Academy, the United section is amended— States Naval Academy, and the United States (1) by striking ‘‘The Department’’ and insert- dressed in prior reports. (C) The findings and conclusions of the task Air Force Academy for classes entering those ing ‘‘(1) Except as provided under paragraph force. academies after the date of the enactment of (3), the Department ’’; this Act. (2) by striking ‘‘officers’’ in the first sentence (D) Any recommendations for changes to pol- icy and law as the task force considers appro- SEC. 537. READMISSION TO SERVICE ACADEMIES and inserting ‘‘members’’; OF CERTAIN FORMER CADETS AND (3) by designating the second sentence as priate, including whether cases of sexual as- MIDSHIPMEN. paragraph (2) and in that sentence— sault at those academies should be included in (a) INSPECTOR GENERAL REPORT AS BASIS FOR (A) by inserting ‘‘under subsection (a)(3)’’ the Department of Defense database known as READMISSION.—(1) When a formal report by an after ‘‘permitted’’; the Defense Incident-Based Reporting System. Inspector General within the Department of De- (B) by inserting ‘‘on a space-available basis’’ (3) Within 90 days of receipt of the report fense concerning the circumstances of the sepa- after ‘‘instruction at the Postgraduate School’’; under paragraph (1) the Secretary of Defense ration of a cadet or midshipman from one of the and shall submit the report, together with the Sec- service academies contains a specific finding (C) by striking ‘‘(taking into consideration the retary’s evaluation of the report, to the Commit- specified in paragraph (2), the Secretary of the admission of enlisted members on a space-avail- tees on Armed Services of the Senate and House military department concerned may use that re- able basis)’’; and of Representatives. port as the sole basis for readmission of the (4) by adding at the end the following new (e) REPORT ON AIR FORCE ACADEMY.—Simul- former cadet or midshipman to the respective paragraph: taneously with the submission of the report service or service academy. ‘‘(3) The Secretary of Defense may prescribe under subsection (d)(3), the Secretary of De- (2) A finding specified in this paragraph is a exceptions to the requirements of paragraph (1) fense, in coordination with the Secretary of the finding that substantiates that a former service with regard to attendance at the Postgraduate Air Force, shall submit to the committees speci- academy cadet or midshipman, while attending School pursuant to chapter 112 of this title.’’. fied in that subsection the Secretary’s assess- the service academy— SEC. 539. DEFENSE TASK FORCE ON SEXUAL HAR- ment of the effectiveness of corrective actions (A) received administrative or punitive action ASSMENT AND VIOLENCE AT THE being taken at the United States Air Force or nonjudicial punishment as a result of re- MILITARY SERVICE ACADEMIES. Academy as a result of various investigations prisal; (a) ESTABLISHMENT.—The Secretary of De- conducted at that Academy into matters involv- (B) resigned in lieu of disciplinary, adminis- fense shall establish a Department of Defense ing sexual assault and harassment. trative, or other action that the formal report task force to examine matters relating to sexual (f) COMPOSITION.—(1) The task force shall concludes constituted a threat of reprisal; or harassment and violence at the United States consist of not more than 14 members, to be ap- (C) otherwise suffered an injustice that con- Military Academy and the United States Naval pointed by the Secretary of Defense. Members tributed to the resignation of the cadet or mid- Academy. shall be appointed from each of the Army, Navy, shipman. (b) RECOMMENDATIONS.—Not later than 12 Air Force, and Marine Corps, and shall include (b) READMISSION.—In the case of a formal re- months after the date on which all members of an equal number of personnel of the Department port by an Inspector General described in sub- the task force have been appointed, the task of Defense (military and civilian) and persons section (a), the Secretary concerned shall offer force shall submit to the Secretary of Defense a from outside the Department of Defense. Mem- the former cadet or midshipman an opportunity report recommending ways by which the De- bers appointed from outside the Department of for readmission to the service academy from partment of Defense and the military services Defense may be appointed from other Federal which the former cadet or midshipman resigned, may more effectively address matters relating to departments and agencies, from State and local if the former cadet or midshipman is otherwise sexual harassment and violence at the United agencies, or from the private sector. eligible for such readmission. States Military Academy and the United States (2) The Secretary shall ensure that the mem- (c) APPLICATIONS FOR READMISSION.—A Naval Academy. The report shall include an as- bership of the task force appointed from the De- former cadet or midshipman described in a re- sessment of, and recommendations (including partment of Defense includes at least one judge port referred to in subsection (a) may apply for changes in law) for measures to improve, the advocate. readmission to the service academy on the basis following with respect to sexual harassment and (3) In appointing members to the task force, of that report and shall not be required to sub- violence at those academies: the Secretary may— mit the request for readmission through a board (1) Victims’ safety programs. (A) consult with the Attorney General regard- for the correction of military records. (2) Offender accountability. ing a representative from the Office of Violence (d) REGULATIONS TO MINIMIZE ADVERSE IM- (3) Effective prevention of sexual harassment Against Women of the Department of Justice; PACT UPON READMISSION.—The Secretary of and violence. and each military department shall prescribe regula- (4) Collaboration among military organiza- (B) consult with the Secretary of Health and tions for the readmission of a former cadet or tions with responsibility or jurisdiction with re- Human Services regarding a representative from midshipman described in subsections (a), with spect to sexual harassment and violence. the Women’s Health office of the Department of the goal, to the maximum extent practicable, of (5) Coordination between military and civilian Health and Human Services. readmitting the former cadet or midshipman at communities, including local support organiza- (4) Each member of the task force appointed no loss of the academic or military status held tions, with respect to sexual harassment and vi- from outside the Department of Defense shall be by the former cadet at the time of resignation. olence. an individual who has demonstrated expertise (e) CONSTRUCTION WITH OTHER REMEDIES.— (6) Coordination between military and civilian in the area of sexual harassment and violence or This section does not preempt or supercede any communities, including civilian law enforcement shall be appointed from one of the following: other remedy that may be available to a former relating to acts of sexual harassment and vio- (A) A representative from the Office of Civil cadet or midshipman. lence. Right in the Department of Education. (f) SERVICE ACADEMIES.—In this section, the (7) Data collection and case management and (B) A representative from the Center for Dis- term ‘‘service academy’’ means the following: tracking. ease Control.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.037 H21PT1 H4434 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (C) A sexual assault policy and advocacy or- section 436 of title 37, United States Code, is ‘‘(f)(1)(A) The Secretary concerned, under ganization. amended to read as follows: uniform regulations to be prescribed by the Sec- (D) A civilian law enforcement agency. ‘‘(a) MONTHLY ALLOWANCE.—The Secretary of retary of Defense, may authorize a member de- (E) A judicial policy organization. the military department concerned shall pay a scribed in subparagraph (B) who, except for this (F) A national crime victim policy organiza- high-deployment allowance to a member of the paragraph, would lose any accumulated leave in tion. armed forces under the Secretary’s jurisdiction excess of 60 days at the end of the fiscal year, (5) The members of the task force shall be ap- for each month during which the member— to retain an accumulated total of 120 days leave. pointed not later than 120 days after the date of ‘‘(1) is deployed; and ‘‘(B) This subsection applies to a member who the enactment of this Act. ‘‘(2) at any time during that month— serves on active duty for a continuous period of (g) CO-CHAIRS OF THE TASK FORCE.—There ‘‘(A) has been deployed for 191 or more con- at least 120 days— shall be two co-chairs of the task force. One of secutive days (or a lower number of consecutive ‘‘(i) in an area in which the member is entitled the co-chairs shall be designated by the Sec- days prescribed by the Secretary of Defense); to special pay under section 310(a) of title 37; or retary of the Defense at the time of appointment ‘‘(B) has been deployed, out of the preceding ‘‘(ii) while assigned to a deployable ship or from among the Department of Defense per- 730 days, for a total of 401 or more days (or a mobile unit or to other duty comparable to that sonnel on the task force. The other co-chair lower number of days prescribed by the Sec- specified in clause (i) that is designated for the shall be selected from among the members ap- retary of Defense); or purpose of this subsection. pointed from outside the Department of Defense ‘‘(C) in the case of a member of a reserve com- ‘‘(C) Except as provided in paragraph (2), by those members. ponent, is on active duty under a call or order Leave in excess of 60 days accumulated under (h) ADMINISTRATIVE SUPPORT.—(1) Each mem- to active duty for a period of more than 30 days this paragraph is lost unless it is used by the ber of the task force who is a member of the that is the second (or later) such call or order to member before the end of the third fiscal year Armed Forces or a civilian officer or employee of active duty (whether voluntary or involuntary) after the fiscal year in which the continuous pe- the United States shall serve without compensa- for that member in support of the same contin- riod of service referred to in subparagraph (B) tion (other than compensation to which entitled gency operation.’’. terminated.’’. as a member of the Armed Forces or an officer (2) Subsection (c) of such section is amended (b) EFFECTIVE DATE.—The amendment made or employee of the United States, as the case to read as follows: by subsection (a) shall take effect on October 1, may be). Other members of the task force shall ‘‘(c) RATE.—The monthly rate of the allow- 2003, or the date of the enactment of this Act, be appointed in accordance with, and subject to, ance payable to a member under this section whichever is later. section 3161 of title 5, United States Code. shall be determined by the Secretary concerned, (2) The Deputy Under Secretary of Defense SEC. 543. STANDARDIZATION OF TIME-IN-SERVICE not to exceed $1,000 per month.’’. REQUIREMENTS FOR VOLUNTARY for Personnel and Readiness, under the direc- (3) Such section is further amended— RETIREMENT OF MEMBERS OF THE tion of the Under Secretary of Defense for Per- (A) in subsection (d), by striking ‘‘per diem’’; NAVY AND MARINE CORPS WITH sonnel and Readiness, shall provide oversight of (B) in subsection (e), by striking ‘‘per diem’’ ARMY AND AIR FORCE REQUIRE- the task force. The Washington Headquarters and inserting ‘‘allowance’’; MENTS. Service of the Department of Defense shall pro- (C) in subsection (f)— (a) OFFICERS IN REGULAR NAVY OR MARINE vide the task force with personnel, facilities, (i) by striking ‘‘per diem’’ and inserting ‘‘al- CORPS WHO COMPLETED 40 YEARS OF ACTIVE and other administrative support as necessary lowance’’; and SERVICE.—Section 6321(a) of title 10, United for the performance of the task force’s duties. (ii) by striking ‘‘day on’’ and inserting States Code, is amended by striking ‘‘after com- (3) The Deputy Under Secretary shall coordi- ‘‘month during’’; and pleting 40 or more years’’ and inserting ‘‘and nate with the Secretary of the Army to provide (D) by adding at the end the following new has at least 40 years’’. visits of the task force to the United States Mili- subsection: (b) OFFICERS IN REGULAR NAVY OR MARINE tary Academy and with the Secretary of the ‘‘(g) AUTHORITY TO EXCLUDE CERTAIN DUTY CORPS WHO COMPLETED 30 YEARS OF ACTIVE Navy to provide visits of the task force to the ASSIGNMENTS.—The Secretary concerned may SERVICE.—Section 6322(a) of such title is amend- United States Naval Academy. exclude members serving in specified duty as- ed by striking ‘‘after completing 30 or more (i) TERMINATION.—The task force shall termi- signments from eligibility for the high-deploy- years’’ and inserting ‘‘and has at least 30 nate 90 days after the date on which the report ment allowance while serving in those assign- years’’. of the task force is submitted to the Committees ments. Any such specification of duty assign- (c) OFFICERS IN NAVY OR MARINE CORPS WHO on Armed Services of the Senate and House of ments may only be made with the approval of COMPLETED 20 YEARS OF ACTIVE SERVICE.—Sec- Representatives pursuant to subsection (d)(3). the Secretary of Defense. Specification of a par- tion 6323(a)(1) of such title is amended by strik- Subtitle E—Administrative Matters ticular duty assignment for purposes of this sub- ing ‘‘after completing more than 20 years’’ and SEC. 541. ENHANCEMENTS TO HIGH-TEMPO PER- section may not be implemented so as to apply inserting ‘‘and has at least 20 years’’. SONNEL PROGRAM. to the member serving in that position at the (d) ENLISTED MEMBERS IN REGULAR NAVY OR (a) REVISIONS TO DEPLOYMENT LIMITS AND time of such specification.’’. MARINE CORPS WHO COMPLETED 30 YEARS OF AUTHORITY TO AUTHORIZE EXEMPTIONS.—Sub- (4)(A) The heading of such section is amended ACTIVE SERVICE.—Section 6326(a) of such title is section (a) of section 991 of title 10, United to read as follows: amended by striking ‘‘after completing 30 or States Code, is amended to read as follows: ‘‘§ 436. Monthly high-deployment allowance more years’’ and inserting ‘‘and has at least 30 ‘‘(a) SERVICE AND GENERAL OR FLAG OFFICER for lengthy or numerous deployments’’. years’’. (e) TRANSFER OF ENLISTED MEMBERS TO THE RESPONSIBILITIES.—(1) Subject to paragraph (3), (B) The item relating to that section in the FLEET RESERVE AND FLEET MARINE CORPS RE- the deployment (or potential deployment) of table of sections at the beginning of chapter 7 of SERVE.—Section 6330(b) of such title is amended members of the armed forces shall be managed to such title is amended to read as follows: ensure that a member is not deployed, or contin- by striking ‘‘who has completed 20 or more ued in a deployment, on any day on which the ‘‘436. Monthly high-deployment allowance for years’’ both places it appears and inserting total number of days on which the member has lengthy or numerous deploy- ‘‘who has at least 20 years’’. been deployed out of the preceding 730 days ments.’’. (f) TRANSFER OF MEMBERS OF THE FLEET RE- would exceed the high-deployment threshold. (c) CHANGES TO REPORTING REQUIREMENT.— SERVE AND FLEET MARINE CORPS RESERVE TO ‘‘(2) In this subsection, the term ‘high-deploy- Section 487(b)(5) of title 10, United States Code, THE RETIRED LIST.—Section 6331(a) of such title ment threshold’ means— is amended to read as follows: is amended by striking ‘‘completed 30 years’’ ‘‘(A) 400 days; or ‘‘(5) For each of the armed forces, the descrip- and inserting ‘‘has at least 30 years’’. ‘‘(B) a lower number of days prescribed by the tion shall indicate, for the period covered by the (g) EFFECTIVE DATE.—The Secretary of the Secretary of Defense. report— Navy shall prescribe the date on which the ‘‘(3) A member may be deployed, or continued ‘‘(A) the number of members who received the amendments made by this section shall take ef- in a deployment, without regard to paragraph high-deployment allowance under section 436 of fect. The Secretary shall publish such date, (1) if the deployment, or continued deployment, title 37; when prescribed, in the Federal Register. is approved by the Secretary of Defense. The ‘‘(B) the number of members who received SEC. 544. STANDARDIZATION OF STATUTORY AU- authority of the Secretary under the preceding each rate of allowance paid; THORITIES FOR EXEMPTIONS FROM sentence may only be delegated to— ‘‘(C) the number of members who received the REQUIREMENT FOR ACCESS TO SEC- ‘‘(A) a civilian officer of the Department of allowance for one month, for two months, for ONDARY SCHOOLS BY MILITARY RE- Defense appointed by the President, by and three months, for four months, for five months, CRUITERS. with the advise and consent of the Senate, or a for six months, and for more than six months; (a) CONSISTENCY WITH ELEMENTARY AND SEC- member of the Senior Executive Service; or and ONDARY EDUCATION ACT OF 1965.—Paragraph ‘‘(B) a general or flag officer in that member’s ‘‘(D) the total amount spent on the allow- (5) of section 503(c) of title 10, United States chain of command (including an officer in the ance.’’. Code, is amended by striking ‘‘apply to—’’ and grade of colonel, or in the case of the Navy, cap- SEC. 542. ENHANCED RETENTION OF ACCUMU- all that follows through ‘‘school which’’ and in- tain, serving an in a general or flag officer posi- LATED LEAVE FOR HIGH-DEPLOY- serting ‘‘apply to a private secondary school tion who has been selected for promotion to the MENT MEMBERS. that’’. grade of brigadier general or rear admiral (lower (a) ENHANCED AUTHORITY TO RETAIN ACCUMU- (b) CORRECTION OF CROSS REFERENCE.—Para- half)).’’. LATED LEAVE.—Paragraph (1) of section 701(f) graph (6)(A)(i) of such section is amended by (b) CHANGES FROM PER DIEM TO HIGH-DE- of title 10, United States Code, is amended to striking ‘‘14101’’ and ‘‘8801’’ and inserting PLOYMENT ALLOWANCE.—(1) Subsection (a) of read as follows: ‘‘9101’’ and ‘‘7801’’, respectively.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.037 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4435 SEC. 545. PROCEDURES FOR CONSIDERATION OF period at the end and inserting ‘‘amount of al- ‘‘(2)(A) The Secretary shall include in the reg- APPLICATIONS FOR AWARD OF THE cohol concentration in a person’s blood or ulations prescribed under this subsection a re- PURPLE HEART MEDAL TO VET- breath at which operation or control of a vehi- quirement that children in the class of children ERANS HELD AS PRISONERS OF WAR cle, aircraft, or vessel is prohibited.’’. described in subparagraph (B) shall be subject BEFORE APRIL 25, 1962. to the same tuition requirements, or waiver of Subsection (b) of section 521 of the National SEC. 548. PUBLIC IDENTIFICATION OF CASUAL- TIES NO SOONER THAN 24 HOURS tuition requirements, as children in the class of Defense Authorization Act for Fiscal Year 1996 AFTER NOTIFICATION OF NEXT-OF- children described in subparagraph (C). (Public Law 104–106; 110 Stat. 309; 10 U.S.C. KIN. ‘‘(B) The class of children described in this 1129 note) is amended to read as follows: The Secretary of Defense may not publicly re- subparagraph are children of members of reserve ‘‘(b) STANDARDS AND PROCEDURES FOR lease the name or other personally identifying components of the Armed Forces who— AWARD.—In determining whether a former pris- information of any member of the Army, Navy, ‘‘(i) are on active duty under an order to ac- oner of war is eligible for the award of the Pur- Air Force, or Marine Corps who while on active tive duty under section 12301 or 12302 of title 10, ple Heart under subsection (a), the Secretary duty or performing inactive duty training is United States Code; concerned shall apply the following procedures: killed or injured, whose duty status becomes un- ‘‘(ii) were ordered to active duty from a loca- ‘‘(1) The standard to be used by the Secretary known, or who is otherwise considered to be a tion in the United States (other than in Alaska concerned for awarding the Purple Heart under casualty until a period of 24 hours has elapsed or Hawaii); and this section shall be to award the Purple Heart after the notification of the next-of-kin of such ‘‘(iii) are serving on active duty outside the in any case in which a prisoner of war (A) was member. United States or in Alaska or Hawaii in a tour wounded while in captivity, or (B) while in cap- of duty that (voluntarily or involuntarily) has tivity was subjected to systematic and prolonged Subtitle F—Benefits been extended to a period in excess of one year. deprivation of food, medical treatment, and SEC. 551. ADDITIONAL CLASSES OF INDIVIDUALS ‘‘(C) The class of children described in this other forms of deprivation or mistreatment likely ELIGIBLE TO PARTICIPATE IN THE subparagraph are children of members of reserve to have prolonged aftereffects on the individual FEDERAL LONG-TERM CARE INSUR- ANCE PROGRAM. components of the Armed Forces who— concerned. ‘‘(i) are on active duty under an order to ac- ‘‘(2) When a former prisoner of war applies for (a) CERTAIN EMPLOYEES OF THE DISTRICT OF tive duty under section 12301 or 12302 of title 10, the Purple Heart under subsection (a), the Sec- COLUMBIA GOVERNMENT.—Section 9001(1) of title United States Code; retary concerned may request the former pris- 5, United States Code, is amended by striking ‘‘(ii) were ordered to active duty from a loca- oner of war to provide any documentation that ‘‘2105(c),’’ and all that follows and inserting tion outside the United States (or in Alaska or the Secretary would otherwise require, but fail- ‘‘2105(c).’’. Hawaii); and ure of the former prisoner of war to provide (b) FORMER FEDERAL EMPLOYEES WHO WOULD BE ELIGIBLE TO BEGIN RECEIVING AN ‘‘(iii) are serving on active duty outside the such documentation shall not by itself be a dis- United States or in Alaska or Hawaii.’’. qualification for award of the Purple Heart. ANNUITY UPON ATTAINING THE REQUISITE MIN- IMUM AGE.—Section 9001(2) of title 5, United (b) CLERICAL AMENDMENT.—The heading of ‘‘(3) The Secretary concerned shall inform the such section is amended to read as follows: former prisoner of war that historical informa- States Code, is amended— ‘‘SPACE-AVAILABLE ENROLLMENT OF STUDENTS; tion as to the prison camp or other cir- (1) in subparagraph (A), by striking ‘‘and’’ at TUITION’’. cumstances in which the former prisoner of war the end; was held captive and other information as to (2) in subparagraph (B), by striking the period (c) IMPLEMENTATION OF REQUIRED NEW REGU- the circumstances of the former prisoner of and inserting ‘‘; and’’; and LATIONS.—Regulations required by paragraph war’s captivity may be considered by the Sec- (3) by adding at the end the following: (2) of section 1404(c) of the Defense Dependents’ retary in evaluating the application for the ‘‘(C) any former employee who, on the basis of Education Act of 1978 (20 U.S.C. 923(c)), as award of the Purple Heart and that the former his or her service, would meet all requirements added by subsection (a), shall be prescribed as prisoner of war may submit such information. for being considered an ‘annuitant’ within the soon as practicable after the date of the enact- ‘‘(4) The Secretary concerned shall provide as- meaning of subchapter III of chapter 83, chapter ment of this Act in order to provide the earliest sistance to the applicant for the Purple Heart in 84, or any other retirement system for employees opportunity for dependents covered by that obtaining information referred to in paragraph of the Government, but for the fact that such paragraph to enroll in Department of Defense (3). former employee has not attained the minimum dependents’ schools, and in no event later than ‘‘(5) The Secretary shall review a completed age for title to annuity.’’. the beginning of the first school term beginning application under this section based upon the (c) RESERVISTS TRANSFERRED TO THE RETIRED after the date of the enactment of this Act. totality of the evidence presented and shall take RESERVE WHO ARE UNDER AGE 60.—Section Subtitle G—Other Matters 9001(4) of title 5, United States Code, is amended into account the length of time between the pe- SEC. 561. EXTENSION OF REQUIREMENT FOR EX- riod during which the applicant was held as a by striking ‘‘including’’ and all that follows EMPLARY CONDUCT BY COM- prisoner of war and the date of the application. through ‘‘who has’’ and inserting ‘‘and a mem- MANDING OFFICERS AND OTHERS IN ‘‘(6) In considering an application under this ber who has been transferred to the Retired Re- AUTHORITY TO INCLUDE CIVILIANS section, the Secretary shall take into account serve and who would be entitled to retired pay IN AUTHORITY IN THE DEPARTMENT the length of time that the applicant was held in under chapter 1223 of title 10 but for not hav- OF DEFENSE. captivity, which while not in itself establishing ing’’. (a) IN GENERAL.—(1) Chapter 50 of title 10, entitlement of the applicant to award of the SEC. 552. AUTHORITY TO TRANSPORT REMAINS United States Code, is amended by adding at the Purple Heart, can and should be a factor in de- OF RETIREES AND RETIREE DEPEND- end the following new section: termining whether a former prisoner of war was ENTS WHO DIE IN MILITARY TREAT- ‘‘§ 992. Requirement of exemplary conduct: likely to have been wounded, starved, or denied MENT FACILITIES OUTSIDE THE commanding officers and others in author- UNITED STATES. medical treatment to the extent likely to have ity (a) AUTHORIZED TRANSPORTATION.—Section prolonged aftereffects on the individual con- 1490 of title 10, United States Code, is amend- ‘‘All commanding officers and others in au- cerned.’’. ed— thority in the Department of Defense are re- SEC. 546. AUTHORITY FOR RESERVE AND RE- (1) in subsection (a), by striking ‘‘located in quired— TIRED REGULAR OFFICERS TO HOLD the United States’’; and ‘‘(1) to show in themselves a good example of STATE AND LOCAL ELECTIVE OFFICE virtue, honor, patriotism, and subordination; NOTWITHSTANDING CALL TO ACTIVE (2) in subsection (b)(1), by striking ‘‘outside the United States or to a place’’. ‘‘(2) to be vigilant in inspecting the conduct of DUTY. all persons who are placed under their command Section 973(b)(3) of title 10, United States (b) CONFORMING AMENDMENT.—Subsection (c) of such section is amended to read as follows: or charge; Code, is amended— ‘‘(3) to guard against and to suppress all dis- ‘‘(c) DEFINITION OF DEPENDENT.—In this sec- (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and solute and immoral practices and to correct, ac- (2) by adding at the end the following: tion, the term ‘dependent’ has the meaning cording to applicable laws and regulations, all ‘‘(B) The prohibition in subparagraph (A) given such term in section 1072(2) of this title.’’. persons who are guilty of them; and does not apply to the functions of a civil office (c) EFFECTIVE DATE.—The amendments made ‘‘(4) to take all necessary and proper meas- held by election, in the case of an officer to by this section shall apply only with respect to ures, under the laws, regulations, and customs whom this subsection applies by reason of sub- persons dying on or after the date of the enact- applicable to the armed forces, to promote and paragraph (B) or (C) of paragraph (1).’’. ment of this Act. safeguard the morale, the physical well-being, SEC. 547. CLARIFICATION OF OFFENSE UNDER SEC. 553. ELIGIBILITY FOR DEPENDENTS OF CER- and the general welfare of all under their com- TAIN MOBILIZED RESERVISTS STA- THE UNIFORM CODE OF MILITARY mand or charge.’’. JUSTICE RELATING TO DRUNKEN OR TIONED OVERSEAS TO ATTEND DE- RECKLESS OPERATION OF A VEHI- FENSE DEPENDENTS SCHOOLS (2) The table of sections at the beginning of CLE, AIRCRAFT, OR VESSEL. OVERSEAS. such chapter is amended by adding at the end Section 551 of title 10, United States Code (ar- (a) TUITION-FREE STATUS PARITY WITH DE- the following new item: ticle 111 of the Uniform Code of Military Jus- PENDENTS OF OTHER RESERVISTS.—Section ‘‘992. Requirement of exemplary conduct: com- tice), is amended— 1404(c) of the Defense Dependents’ Education manding officers and others in (1) in subsection (a)(2) by striking ‘‘in excess Act of 1978 (20 U.S.C. 923(c)) is amended— authority.’’. of’’ and inserting ‘‘at, or in excess of,’’; and (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and (b) CONFORMING REPEALS.—Title 10, United (2) in subsection (b)(4), by striking ‘‘maximum (2) by adding at the end the following new States Code, is further amended as follows: permissible’’ and all that follows through the paragraph: (1) Section 3583, 5947, and 8583 are repealed.

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.037 H21PT1 H4436 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (2)(A) The table of sections at the beginning of tion 386(b) of the National Defense Authoriza- a subordinate Benefits Executive Committee, chapter 345 is amended by striking the item re- tion Act for Fiscal Year 1993 (Public Law 102– and such other committees or working groups as lating to section 3583. 484; 20 U.S.C. 7703 note). considered necessary by the Deputy Secretary (B) The table of sections at the beginning of (2) The term ‘‘local educational agency’’ has and Under Secretary. chapter 551 is amended by striking the item re- the meaning given that term in section 8013(9) of ‘‘(c) RECOMMENDATIONS.—(1) The Committee lating to section 5947. the Elementary and Secondary Education Act of shall recommend to the Secretaries strategic di- (C) The table of sections at the beginning of 1965 (20 U.S.C. 7713(9)). rection for the joint coordination and sharing chapter 845 is amended by striking the item re- SEC. 564. PERMANENT AUTHORITY FOR SUPPORT efforts between and within the two Departments lating to section 8583. FOR CERTAIN CHAPLAIN-LED MILI- under section 8111 of this title and shall oversee SEC. 562. RECOGNITION OF MILITARY FAMILIES. TARY FAMILY SUPPORT PROGRAMS. implementation of those efforts. (a) FINDINGS.—Congress makes the following (a) IN GENERAL.—(1) Chapter 88 of title 10, ‘‘(2) The Committee shall submit to the two findings: United States Code, is amended by inserting at Secretaries and to Congress an annual report (1) The families of both active and reserve the end of subchapter I the following new sec- containing such recommendations as the Com- component military personnel, through their tion: mittee considers appropriate. ‘‘(d) FUNCTIONS.—In order to enable the Com- sacrifices and their dedication to the Nation and ‘‘§ 1789. Chaplain-led programs: authorized mittee to make recommendations in its annual its values, contribute immeasurably to the readi- support ness of the Nation’s Armed Forces. report under subsection (c)(2), the Committee ‘‘(a) AUTHORITY.—The Secretary of a military (2) Without the continued support of military shall do the following: department may provide support services de- families, the Nation’s ability to sustain a high ‘‘(1) Review existing policies, procedures, and scribed in subsection (b) to support chaplain-led quality all-volunteer military force would be un- practices relating to the coordination and shar- programs to assist members of the armed forces dermined. ing of resources between the two Departments. on active duty and their immediate family mem- (3) In these perilous and challenging times, ‘‘(2) Identify changes in policies, procedures, bers, and members of reserve components in an with hundreds of thousands of active and re- and practices that, in the judgment of the Com- active status and their immediate family mem- serve military personnel deployed overseas in mittee, would promote mutually beneficial co- bers, in building and maintaining a strong fam- places of combat and imminent danger, military ordination, use, or exchange of use of services ily structure. families are making extraordinary sacrifices and and resources of the two Departments, with the ‘‘(b) AUTHORIZED SUPPORT SERVICES.—The will be required to do so for the foreseeable fu- goal of improving the quality, efficiency and ef- support services referred to in subsection (a) are ture. fectiveness of the delivery of benefits and serv- costs of transportation, food, lodging, child (4) Beginning in 1997, military family service ices to veterans, service members, military retir- care, supplies, fees, and training materials for and support centers have received materials ees and their families through an enhanced De- members of the armed forces and their family from private, non-profit organizational sources partment of Veterans Affairs and Department of members while participating in programs re- which are designed to encourage and assist Defense partnership. ferred to in that subsection, including participa- those centers in conducting activities to cele- ‘‘(3) Identify and assess further opportunities tion at retreats and conferences. brate the American military family during the for the coordination and collaboration between ‘‘(c) IMMEDIATE FAMILY MEMBERS.—In this Thanksgiving period each November. the Departments that, in the judgment of the section, the term ‘immediate family members’, (b) MILITARY FAMILY RECOGNITION.— In view Committee, would not adversely affect the range of the findings in subsection (a), Congress deter- with respect to a member of the armed forces, of services, the quality of care, or the estab- mines that it is appropriate that special meas- means— lished priorities for benefits provided by either ures be taken annually to recognize and honor ‘‘(1) the member’s spouse; and Department. the American military family. ‘‘(2) any child (as defined in section 1072(6) of ‘‘(4) Review the plans of both Departments for (c) DEPARTMENT OF DEFENSE PROGRAMS AND this title) of the member who is described in sub- the acquisition of additional resources, espe- ACTIVITIES.—The Secretary of Defense shall— paragraph (D) of section 1072(2) of this title.’’. cially new facilities and major equipment and (1) implement and sustain programs, including (2) The table of sections at the beginning of technology, in order to assess the potential ef- appropriate ceremonies and activities, to cele- such chapter is amended by inserting after the fect of such plans on further opportunities for brate the contributions and sacrifices of the item relating to section 1788 the following new the coordination and sharing of resources. American military family, including both fami- item: ‘‘(5) Review the implementation of activities lies of both active and reserve component mili- ‘‘1789. Chaplain-led programs: authorized sup- designed to promote the coordination and shar- tary personnel; port.’’. ing of resources between the Departments.’’. (2) focus the celebration of the American mili- (b) EFFECTIVE DATE.—Section 1789 of title 10, (2) The table of sections at the beginning of tary family during a specific period of each year United States Code, as added by subsection (a), such chapter is amended by adding at the end to give full and proper highlight to those fami- shall take effect on October 1, 2003. the following new item: lies; and SEC. 565. DEPARTMENT OF DEFENSE-DEPART- ‘‘320. Department of Veterans Affairs-Depart- (3) seek the assistance and support of appro- MENT OF VETERANS AFFAIRS JOINT ment of Defense Joint Executive priate civilian organizations, associations, and EXECUTIVE COMMITTEE. Committee.’’. other entities in carrying out not only the an- (a) ESTABLISHMENT OF JOINT COMMITTEE.—(1) (b) CONFORMING AMENDMENTS.—(1) Sub- nual celebration of the American military fam- Chapter 3 of title 38, United States Code, is section (c) of section 8111 of such title is re- ily, but also in sustaining longer-term efforts. amended by adding at the end the following pealed. SEC. 563. ASSISTANCE TO LOCAL EDUCATIONAL new section: (2) Such section is further amended— (A) in subsection (b)(2), by striking ‘‘sub- AGENCIES THAT BENEFIT DEPEND- ‘‘§ 320. Department of Veterans Affairs-Depart- section (c)’’ and inserting ‘‘section 320 of this ENTS OF MEMBERS OF THE ARMED ment of Defense Joint Executive Committee FORCES AND DEPARTMENT OF DE- title’’; FENSE CIVILIAN EMPLOYEES. ‘‘(a) JOINT EXECUTIVE COMMITTEE.—(1) There (B) in subsection (d)(1), by striking ‘‘Com- (a) CONTINUATION OF DEPARTMENT OF DE- is established an interagency committee to be mittee established in subsection (c)’’ and insert- FENSE PROGRAM FOR FISCAL YEAR 2004.—Of the known as the Department of Veterans Affairs- ing ‘‘Department of Veterans Affairs-Depart- amount authorized to be appropriated pursuant Department of Defense Joint Executive Com- ment of Defense Joint Executive Committee’’; to section 301(5) for operation and maintenance mittee (hereinafter in this section referred to as (C) in subsection (e)(1), by striking ‘‘Com- for Defense-wide activities, $35,000,000 shall be the ‘Committee’). mittee under subsection (c)(2)’’ and inserting available only for the purpose of providing edu- ‘‘(2) The Committee is composed of— ‘‘Department of Veterans Affairs-Department of cational agencies assistance to local educational ‘‘(A) the Deputy Secretary of Veterans Affairs Defense Joint Executive Committee with respect agencies. and such other officers and employees of the to health care resources’’; and (b) NOTIFICATION.—Not later than June 30, Department of Veterans Affairs as the Secretary (D) in subsection (f)(2), by striking subpara- 2004, the Secretary of Defense shall notify each of Veterans Affairs may designate; and graphs (B) and (C) and inserting the following: local educational agency that is eligible for edu- ‘‘(B) the Under Secretary of Defense for Per- ‘‘(B) The assessment of further opportunities cational agencies assistance for fiscal year 2004 sonnel and Readiness and such other officers identified by the Department of Veterans Af- of— and employees of the Department of Defense as fairs-Department of Defense Joint Executive (1) that agency’s eligibility for the assistance; the Secretary of Defense may designate. Committee under subsection (d)(3) of section 320 and ‘‘(b) ADMINISTRATIVE MATTERS.—(1) The Dep- of this title for the sharing of health-care re- (2) the amount of the assistance for which uty Secretary of Veterans Affairs and the Under sources between the two Departments. that agency is eligible. Secretary of Defense shall determine the size ‘‘(C) Any recommendation made by that com- (c) DISBURSEMENT OF FUNDS.—The Secretary and structure of the Committee, as well as the mittee under subsection (c)(2) of that section of Defense shall disburse funds made available administrative and procedural guidelines for the during that fiscal year.’’. under subsection (a) not later than 30 days after operation of the Committee. (c) TECHNICAL AMENDMENTS.—Subsection (f) the date on which notification to the eligible ‘‘(2) The two Departments shall supply appro- of such section is further amended by inserting local educational agencies is provided pursuant priate staff and resources to provide administra- ‘‘(Public Law 107–314)’’ in paragraphs (3), to subsection (b). tive support and services. Support for such pur- (4)(A), (4)(B), and (5) after ‘‘for Fiscal Year (d) DEFINITIONS.—In this section: poses shall be provided at a level sufficient for 2003’’. (1) The term ‘‘educational agencies assist- the efficient operation of the Committee, includ- (d) EFFECTIVE DATE.—(1) If this Act is en- ance’’ means assistance authorized under sec- ing a subordinate Health Executive Committee, acted before October 1, 2003—

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.037 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4437 (A) section 320 of title 38, United States Code, cation of clause (i), and calculated in accord- ‘‘(ii) if there is a pretrial agreement that in- as added by subsection (a), shall take effect on ance with subparagraph (D) or (E), as the case cludes disapproval or suspension of the dis- October 1, 2003; and may be, shall be based on the number of chil- missal, dishonorable discharge, bad conduct dis- (B) the amendments made by subsections (b) dren in average daily attendance in the schools charge, or forfeiture of all pay and allowances, and (c) shall take effect on October 1, 2003, im- of such agency for the fiscal year and under the as of the date of the approval of the court-mar- mediately after the amendment made by section same provisions of subparagraph (D) or (E) tial sentence by the person acting under section 721(a)(1) of the Bob Stump National Defense under which the agency was paid during the 860(c) of this title (article 60(c) of the Uniform Authorization Act for Fiscal Year 2003 (Public prior fiscal year.’’. Code of Military Justice) if the sentence, as ap- Law 107–314; 116 2589). SEC. 568. INVESTIGATION INTO THE 1991 DEATH proved, includes an unsuspended dismissal, dis- (2) If this Act is enacted on or after October OF MARINE CORPS COLONEL JAMES honorable discharge, bad conduct discharge, or 1, 2003, the amendments made by this section E. SABOW. forfeiture of all pay and allowances;’’. shall take effect on the date of the enactment of (a) INVESTIGATION REQUIRED.—Not later than (b) DURATION.—Paragraph (2) of such section this Act. 60 days after the date of the enactment of this is amended by striking ‘‘, except that’’ and all SEC. 566. LIMITATION ON AVIATION FORCE Act, the Secretary of Defense shall commence a that follows through ‘‘12 months’’. STRUCTURE CHANGES IN THE DE- new investigation into the death of Colonel (c) TERMINATION.—Paragraph (3)(A) of such PARTMENT OF THE NAVY. James S. Sabow, United States Marine Corps, section is amended by striking ‘‘punishment ap- (a) LIMITATION.—The Secretary of the Navy who died on January 22, 1991, at the Marine plicable to the member under the sentence is re- shall ensure that no reductions are made in the Corps Air Station, El Toro, California. mitted, set aside, or mitigated’’ and inserting active and reserve force structure of the Navy (b) FOCUS OF INVESTIGATION.—The principal ‘‘conviction is disapproved by the person acting and Marine Corps for fixed- and rotary-wing focus of the investigation under subsection (a) under section 860(c) of this title (article 60(c) of aircraft until 90 days have elapsed after the shall be to determine the cause of Colonel the Uniform Code of Military Justice) or set date as of which both of the reports required by Sabow’s death, given the medical and forensic aside, or each such punishment applicable to subsections (b) and (c) have been received by the factors associated with that death. the member under the sentence is disapproved committees named in those subsections. (c) REVIEW BY OUTSIDE EXPERTS.—The Sec- by the person acting under section 860(c) of this (b) NAVAL AVIATION FORCE STRUCTURE retary of Defense shall provide that the evidence title, remitted, set aside, suspended, or miti- PLAN.—The Secretary of the Navy shall submit concerning the cause of Colonel Sabow’s death gated’’. to the Committee on Armed Services of the Sen- and the medical and forensic factors associated SEC. 573. FLEXIBILITY IN ELIGIBILITY FOR TRAN- ate and the Committee on Armed Services of the with his death shall be reviewed by medical and SITIONAL COMPENSATION. House of Representatives a detailed report on forensic experts outside the Department of De- (a) AUTHORITY.—Section 1059 of title 10, the changes to the active and reserve aviation fense. United States Code, is amended by adding at the force structure in the Department of the Navy (d) REPORT.—Not later than six months after end the following new subsection: that are proposed for fiscal years 2004 through the date of the enactment of this Act, the Sec- ‘‘(m) ADDITIONAL ELIGIBILITY.—The Secretary 2009. The report shall include the following: retary of Defense shall submit to the Committee concerned, under regulations prescribed under (1) The numbers of aircraft and helicopter on Armed Services of the Senate and the Com- subsection (k), may authorize eligibility for ben- force structure planned for retirement. mittee on Armed Services of the House of Rep- efits under this section to dependents of a mem- (2) The amounts of planned budget authority resentatives a written report on the findings of ber or former member of the armed forces not to be saved, shown by year and by appropria- the investigation under subsection (a). The Sec- covered by subsection (b) if the Secretary con- tion, compared to the May 1, 2003, force struc- retary shall include in the report (1) the Sec- cerned determines that there are extenuating ture. retary’s conclusions as a result of the investiga- circumstances such that granting benefits under (3) An assessment by the Chief of Naval Oper- tion, including the Secretary’s conclusions re- this section is consistent with the intent of this ations comparing the future force structure plan garding the cause of death of Colonel Sabow, section.’’. (b) EFFECTIVE DATE.—The authority under with capabilities of the Department of the and (2) the conclusions of the experts reviewing subsection (m) of section 1059 of title 10, United Navy’s aviation force structure on May 1, 2003. the matter under subsection (c). (4) A risk assessment of the planned force States Code, as added by subsection (a), may Subtitle H—Domestic Violence structure to carry out the National Security only be exercised with respect to eligibility for Strategy of the United States, dated September SEC. 571. TRAVEL AND TRANSPORTATION FOR benefits under such section by reason of conduct 2002. DEPENDENTS RELOCATING FOR on or after the date of the enactment of this Act. (5) A risk assessment of the planned force REASONS OF PERSONAL SAFETY. SEC. 574. TYPES OF ADMINISTRATIVE SEPARA- based on the assumptions applied in the Sep- Section 406(h) of title 37, United States Code, TIONS TRIGGERING COVERAGE. tember 30, 2001, Quadrennial Defense Review is amended by adding at the end the following Section 1059(b)(2) of title 10, United States Report. new paragraph: Code, is amended by inserting ‘‘, voluntarily or (c) ACTIVE AND RESERVE COMPONENT INTE- ‘‘(4)(A) The Secretary concerned shall provide involuntarily,’’ after ‘‘administratively sepa- GRATION PLAN.—The Secretary of the Navy shall to the dependents of a member the travel and rated’’. submit to the Committee on Armed Services of transportation allowances described in para- SEC. 575. ON-GOING REVIEW GROUP. the Senate and the Committee on Armed Serv- graphs (1) and (3) in a case in which— Not later than two years after the date of the ices of the House of Representatives a concept of ‘‘(i) a commander has substantiated that the enactment of this Act, the Secretary of Defense operations for increasing the integration and member has committed dependent abuse, as de- shall convene a working group of not less than use of Naval Reserve surface, aviation, and fined in section 1059(c) of title 10; 12 members, composed in the same manner as other units and personnel with active compo- ‘‘(ii) a safety plan and counseling have been the Defense Task Force on Domestic Violence nent forces in carrying out operational missions provided; established pursuant to section 591 of the Na- across the peacetime and wartime spectrum of ‘‘(iii) there has been a determination that the tional Defense Authorization Act for Fiscal naval operations during the period of 2004 victim’s safety is at stake and that relocation is Year 2000 (Public Law 106–65). The purpose of through 2009. the best course of action; and the working group shall be to review and assess ‘‘(iv) the abused dependent, or parent of the SEC. 567. IMPACT AID ELIGIBILITY FOR HEAVILY the progress of the Department of Defense in im- IMPACTED LOCAL EDUCATIONAL abused dependent if the abused dependent is a plementation of the recommendations of the De- AGENCIES AFFECTED BY child, requests relocation, fense Task Force on Domestic Violence. In re- PRIVITIZATION OF MILITARY HOUS- ‘‘(B) In the case of allowances paid under viewing the status of the Department’s efforts, ING. subparagraph (A), any monetary allowances the group should specifically focus on the De- Section 8003(b)(2)(H) of the Elementary and shall accrue to the dependents in lieu of the partment’s efforts to ensure confidentiality for Secondary Education Act of 1965 (20 U.S.C. member and may be paid to the dependents. victims and accountability and education of 7703(b)(2)(H)) is amended by striking clauses (i) ‘‘(C) Shipment of the dependent’s baggage commanding officers and chaplains. and (ii) and inserting the following: and household effects, and of any motor vehicle, SEC. 576. RESOURCES FOR DEPARTMENT OF DE- ‘‘(i) ELIGIBILITY.—For any fiscal year begin- may not be provided until there is a property di- FENSE IMPLEMENTATION ORGANI- ning with fiscal 2003, a heavily impacted local vision established by written agreement with the ZATION. educational agency that received a basic sup- member or by order of a court of competent ju- The Secretary of Defense shall ensure that port payment under paragraph (b)(2) for the risdiction .’’. necessary resources, including personnel, facili- prior fiscal year, but is ineligible for such pay- SEC. 572. COMMENCEMENT AND DURATION OF ties, and other administrative support, are pro- ment for the current fiscal year under subpara- PAYMENT OF TRANSITIONAL COM- vided to the organization within the Office of graph (B), (C), (D), or (E), as the case may be, PENSATION. the Secretary of Defense with direct responsi- by reason of the conversion of military housing (a) COMMENCEMENT.—Paragraph (1)(A) of bility for oversight of implementation by the units to private housing described in clause (iii), section 1059(e) of title 10, United States Code, is military departments of recommendations of the shall be deemed to meet the eligibility require- amended by striking ‘‘shall commence’’ and all Task Force in order for that organization to ments under subparagraph (B) or (C), as the that follows and inserting ‘‘shall commence— carry out its duties and responsibilities. case may be for the period during which the ‘‘(i) as of the date the court martial sentence SEC. 577. FATALITY REVIEWS. housing units are undergoing such conversion. is adjudged if the sentence, as adjudged, in- (a) REVIEW OF FATALITIES.—The Secretary of ‘‘(ii) AMOUNT OF PAYMENT.—The amount of a cludes a dismissal, dishonorable discharge, bad Defense shall conduct a multidisciplinary, im- payment to a heavily impacted local educational conduct discharge, or forfeiture of all pay and partial review (referred to as a ‘‘fatality re- agency for a fiscal year by reason of the appli- allowances; or view’’) in the case of each fatality known or

VerDate Jan 31 2003 01:31 May 22, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.037 H21PT1 H4438 CONGRESSIONAL RECORD — HOUSE May 21, 2003 suspected to have resulted from domestic vio- methods, weapons, police information, assailant Task Force on Domestic Violence in its lence or child abuse against— demographics, and household and family infor- Third Year Report, as required by section (1) a member of the Armed Forces; mation. 591(a) of the Department of Defense Author- (2) a current or former dependent of a member (3) Legal disposition. ization Act for Fiscal Year 2000 (Public Law of the Armed Forces; or (4) System intervention and failures within 106–65); and (3) a current or former intimate partner who the Department of Defense. (2) the Secretary of each military depart- has a child in common or has shared a common (5) A discussion of significant findings. ment should establish and support a Victim domicile with a member of the Armed Forces. (6) Recommendations for systemic changes (b) MATTERS TO BE INCLUDED.—The report of Advocate Protocol and provide for nondisclo- within the Department of Defense. a fatality review under subsection (a) shall, at sure to ensure confidentiality for victims a minimum, include the following: SEC. 578. SENSE OF CONGRESS. who come forward to receive advocacy, sup- (1) An executive summary. It is the sense of Congress that— port, information, and resources, as rec- (2) Data setting forth victim demographics, in- (1) the Secretary of Defense should adopt ommended by the Defense Task Force on Do- juries, autopsy findings, homicide or suicide the strategic plan proposed by the Defense mestic Violence.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004. (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to become effective during fiscal year 2004 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. (b) INCREASE IN BASIC PAY FOR MEMBERS OF ARMED FORCES.—Effective on January 1, 2004, the rates of monthly basic pay for members of the Armed Forces within each pay grade are as follows:

COMMISSIONED OFFICERS 1 Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 ...... $0.00 $0.00 $0.00 $0.00 $0.00 O–9 ...... 0.00 0.00 0.00 0.00 0.00 O–8 ...... 7,751.10 8,004.90 8,173.20 8,220.60 8,430.30 O–7 ...... 6,440.70 6,739.80 6,878.40 6,988.50 7,187.40 O–6 ...... 4,773.60 5,244.30 5,588.40 5,588.40 5,609.70 O–5 ...... 3,979.50 4,482.90 4,793.40 4,851.60 5,044.80 O–4 ...... 3,433.50 3,974.70 4,239.90 4,299.00 4,545.30 O–3 3 ...... 3,018.90 3,422.40 3,693.90 4,027.20 4,220.10 O–2 3 ...... 2,595.60 2,956.50 3,405.00 3,519.90 3,592.50 O–1 3 ...... 2,253.60 2,345.10 2,834.70 2,834.70 2,834.70

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 ...... $0.00 $0.00 $0.00 $0.00 $0.00 O–9 ...... 0.00 0.00 0.00 0.00 0.00 O–8 ...... 8,781.90 8,863.50 9,197.10 9,292.80 9,579.90 O–7 ...... 7,384.20 7,611.90 7,839.00 8,066.70 8,781.90 O–6 ...... 5,850.00 5,882.10 5,882.10 6,216.30 6,807.30 O–5 ...... 5,161.20 5,415.90 5,602.80 5,844.00 6,213.60 O–4 ...... 4,809.30 5,137.80 5,394.00 5,571.60 5,673.60 O–3 3 ...... 4,431.60 4,568.70 4,794.30 4,911.30 4,911.30 O–2 3 ...... 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50 O–1 3 ...... 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 ...... $0.00 $12,524.70 $12,586.20 $12,847.80 $13,303.80 O–9 ...... 0.00 10,954.50 11,112.30 11,340.30 11,738.40 O–8 ...... 9,995.70 10,379.10 10,635.30 10,635.30 10,635.30 O–7 ...... 9,386.10 9,386.10 9,386.10 9,386.10 9,433.50 O–6 ...... 7,154.10 7,500.90 7,698.30 7,897.80 8,285.40 O–5 ...... 6,389.70 6,563.40 6,760.80 6,760.80 6,760.80 O–4 ...... 5,733.00 5,733.00 5,733.00 5,733.00 5,733.00 O–3 3 ...... 4,911.30 4,911.30 4,911.30 4,911.30 4,911.30 O–2 3 ...... 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50 O–1 3 ...... 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned officers in pay grades O–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an officer in this grade while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, is $14,679.30, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E ...... $0.00 $0.00 $0.00 $4,027.20 $4,220.10 O–2E ...... 0.00 0.00 0.00 3,537.00 3,609.90 O–1E ...... 0.00 0.00 0.00 2,848.50 3,042.30

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E ...... $4,431.60 $4,568.70 $4,794.30 $4,984.20 $5,092.80 O–2E ...... 3,724.80 3,918.60 4,068.60 4,180.20 4,180.20 O–1E ...... 3,154.50 3,269.40 3,382.20 3,537.00 3,537.00

Over 18 Over 20 Over 22 Over 24 Over 26

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 8633 E:\CR\FM\A21MY7.037 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4439 COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E ...... $5,241.30 $5,241.30 $5,241.30 $5,241.30 $5,241.30 O–2E ...... 4,180.20 4,180.20 4,180.20 4,180.20 4,180.20 O–1E ...... 3,537.00 3,537.00 3,537.00 3,537.00 3,537.00

WARRANT OFFICERS 1 Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 ...... $0.00 $0.00 $0.00 $0.00 $0.00 W–4 ...... 3,119.40 3,355.80 3,452.40 3,547.20 3,710.40 W–3 ...... 2,848.80 2,967.90 3,089.40 3,129.30 3,257.10 W–2 ...... 2,505.90 2,649.00 2,774.10 2,865.30 2,943.30 W–1 ...... 2,212.80 2,394.00 2,515.20 2,593.50 2,802.30

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 ...... $0.00 $0.00 $0.00 $0.00 $0.00 W–4 ...... 3,871.50 4,035.00 4,194.30 4,359.00 4,617.30 W–3 ...... 3,403.20 3,595.80 3,786.30 3,988.80 4,140.60 W–2 ...... 3,157.80 3,321.60 3,443.40 3,562.20 3,643.80 W–1 ...... 2,928.30 3,039.90 3,164.70 3,247.20 3,321.90

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 ...... $0.00 $5,360.70 $5,544.30 $5,728.80 $5,914.20 W–4 ...... 4,782.60 4,944.30 5,112.00 5,277.00 5,445.90 W–3 ...... 4,291.80 4,356.90 4,424.10 4,570.20 4,716.30 W–2 ...... 3,712.50 3,843.00 3,972.60 4,103.70 4,103.70 W–1 ...... 3,443.70 3,535.80 3,535.80 3,535.80 3,535.80 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule.

ENLISTED MEMBERS 1 Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 ...... $0.00 $0.00 $0.00 $0.00 $0.00 E–8 ...... 0.00 0.00 0.00 0.00 0.00 E–7 ...... 2,145.00 2,341.20 2,430.60 2,549.70 2,642.10 E–6 ...... 1,855.50 2,041.20 2,131.20 2,218.80 2,310.00 E–5 ...... 1,700.10 1,813.50 1,901.10 1,991.10 2,130.60 E–4 ...... 1,558.20 1,638.30 1,726.80 1,814.10 1,891.50 E–3 ...... 1,407.00 1,495.50 1,585.50 1,585.50 1,585.50 E–2 ...... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40 E–1 3 ...... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 ...... $0.00 $3,769.20 $3,854.70 $3,962.40 $4,089.30 E–8 ...... 3,085.50 3,222.00 3,306.30 3,407.70 3,517.50 E–7 ...... 2,801.40 2,891.10 2,980.20 3,139.80 3,219.60 E–6 ...... 2,516.10 2,596.20 2,685.30 2,763.30 2,790.90 E–5 ...... 2,250.90 2,339.70 2,367.90 2,367.90 2,367.90 E–4 ...... 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50 E–3 ...... 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50 E–2 ...... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40 E–1 3 ...... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 ...... $4,216.50 $4,421.10 $4,594.20 $4,776.60 $5,054.70 E–8 ...... 3,715.50 3,815.70 3,986.40 4,081.20 4,314.30 E–7 ...... 3,295.50 3,341.70 3,498.00 3,599.10 3,855.00 E–6 ...... 2,809.80 2,809.80 2,809.80 2,809.80 2,809.80 E–5 ...... 2,367.90 2,367.90 2,367.90 2,367.90 2,367.90 E–4 ...... 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50 E–3 ...... 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50 E–2 ...... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40 E–1 3 ...... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, is $6,090.90, regardless of cumu- lative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, the rate of basic pay is $1,086.00.

(c) INCREASE IN BASIC PAY FOR OTHER MEM- pheric Administration and the Public Health the meanings given such terms in section 101 of BERS OF UNIFORMED SERVICES.—Effective on Service are increased by 2 percent. title 37, United States Code. January 1, 2004, the rates of monthly basic pay (d) DEFINITIONS.—In this section, the terms for members of the National Oceanic and Atmos- ‘‘armed forces’’ and ‘‘uniformed services’’ have

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.038 H21PT1 H4440 CONGRESSIONAL RECORD — HOUSE May 21, 2003 SEC. 602. COMPUTATION OF BASIC PAY RATE FOR ing ‘‘December 31, 2003’’ and inserting ‘‘Decem- ‘‘(3) Notwithstanding paragraphs (1) or (2), if COMMISSIONED OFFICERS WITH ber 31, 2004’’. a member described in paragraph (1) performs PRIOR ENLISTED OR WARRANT OFFI- (e) READY RESERVE ENLISTMENT AND REEN- the duty described in clauses (3) or (4) of sub- CER SERVICE. LISTMENT BONUS.—Section 308h(g) of such title section (a) in any month, the member shall be Section 203(d)(2) of title 37, United States is amended by striking ‘‘December 31, 2003’’ and entitled for that month to the full amount speci- Code, is amended— inserting ‘‘December 31, 2004’’. fied in the first sentence of subsection (c)(1), in (1) in subparagraph (A), by striking ‘‘enlisted (f) PRIOR SERVICE ENLISTMENT BONUS.—Sec- the case of the duty described in clause (4) of member,’’ and all that follows through the pe- tion 308i(f ) of such title is amended by striking subsection (a) or parachute jumping involving riod and inserting ‘‘enlisted member.’’; and ‘‘December 31, 2003’’ and inserting ‘‘December the use of a static line, or the full amount speci- (2) by striking subparagraph (B) and inserting 31, 2004’’. the following new subparagraph: fied in the second sentence of subsection (c)(1), SEC. 612. ONE-YEAR EXTENSION OF CERTAIN ‘‘(B) Service as a warrant officer, as an en- in the case of parachute jumping in military free BONUS AND SPECIAL PAY AUTHORI- fall operations.’’. listed member, or as a warrant officer and an TIES FOR CERTAIN HEALTH CARE enlisted member, for which at least 1,460 points (b) EFFECTIVE DATE.—The amendment made PROFESSIONALS. by subsection (a) shall take effect October 1, have been credited to the officer for the pur- (a) NURSE OFFICER CANDIDATE ACCESSION 2003. poses of section 12732(a)(2) of title 10.’’. PROGRAM.—Section 2130a(a)(1) of title 10, SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE AU- United States Code, is amended by striking ‘‘De- SEC. 616. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER PAY FOR RE- THORITIES FOR MEMBERS ASSIGNED cember 31, 2003’’ and inserting ‘‘December 31, TO HIGH-COST DUTY LOCATION OR SERVE COMPONENT MEMBERS ON 2004’’. INACTIVE DUTY. UNDER OTHER UNIQUE AND UN- (b) REPAYMENT OF EDUCATION LOANS FOR USUAL CIRCUMSTANCES. (a) EXPANSION AND CLARIFICATION OF CUR- CERTAIN HEALTH PROFESSIONALS WHO SERVE IN (a) IN GENERAL.—Section 402 of title 37, RENT LAW.—Section 310 of title 37, United States THE SELECTED RESERVE.—Section 16302(d) of Code, is amended— United States Code, is amended— such title is amended by striking ‘‘January 1, (1) by redesignating subsections (f) and (g) as (1) by redesignating subsections (b) and (c) as 2004’’ and inserting ‘‘January 1, 2005’’. subsections (g) and (h), respectively; and subsections (c) and (d), respectively; and (c) ACCESSION BONUS FOR REGISTERED (2) by inserting after subsection (e) the fol- (2) by striking subsection (a) and inserting the NURSES.—Section 302d(a)(1) of title 37, United lowing new subsection: following new subsections: States Code, is amended by striking ‘‘December ‘‘(f) SPECIAL RULE FOR HIGH-COST DUTY LO- ‘‘(a) ELIGIBILITY AND SPECIAL PAY AMOUNT.— 31, 2003’’ and inserting ‘‘December 31, 2004’’. CATIONS AND OTHER UNIQUE AND UNUSUAL CIR- Under regulations prescribed by the Secretary of (d) INCENTIVE SPECIAL PAY FOR NURSE ANES- CUMSTANCES.—The Secretary of Defense may Defense, a member of a uniformed service may THETISTS.—Section 302e(a)(1) of such title is authorize a member of the armed forces who is be paid special pay at the rate of $150 for any amended by striking ‘‘December 31, 2003’’ and assigned to duty in a high-cost duty location or month in which— inserting ‘‘December 31, 2004’’. ‘‘(1) the member was entitled to basic pay or under other unique and unusual circumstances, (e) SPECIAL PAY FOR SELECTED RESERVE but is not entitled to the meals portion of the per compensation under section 204 or 206 of this HEALTH PROFESSIONALS IN CRITICALLY SHORT title; and diem in connection with that duty, to receive WARTIME SPECIALTIES.—Section 302g(f ) of such any or all of the following: ‘‘(2) the member— title is amended by striking ‘‘December 31, 2003’’ ‘‘(A) was subject to hostile fire or explosion of ‘‘(1) Meals at no cost to the member, regard- and inserting ‘‘December 31, 2004’’. less of the entitlement of the member to a basic hostile mines; (f) ACCESSION BONUS FOR DENTAL OFFICERS.— ‘‘(B) was on duty in an area in which the allowance for subsistence under subsection (a). Section 302h(a)(1) of such title is amended by ‘‘(2) A basic allowance for subsistence at the member was in imminent danger of being ex- striking ‘‘December 31, 2003’’ and inserting ‘‘De- posed to hostile fire or explosion of hostile mines standard rate, regardless of the entitlement of cember 31, 2004’’. the member for all meals or select meals during and in which, during the period the member was SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY the duty day. on duty in the area, other members of the uni- AND BONUS AUTHORITIES FOR NU- formed services were subject to hostile fire or ex- ‘‘(3) A supplemental subsistence allowance at CLEAR OFFICERS. plosion of hostile mines; a rate higher than the basic allowance for sub- (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OF- ‘‘(C) was killed, injured, or wounded by hos- sistence rates in effect under this section, re- FICERS EXTENDING PERIOD OF ACTIVE SERV- tile fire, explosion of a hostile mine, or any gardless of the entitlement of the member for all ICE.—Section 312(e) of title 37, United States other hostile action; or meals or select meals during the duty day.’’. Code, is amended by striking ‘‘December 31, (b) RETROACTIVE AND PROSPECTIVE APPLICA- ‘‘(D) was on duty in a foreign area in which 2003’’ and inserting ‘‘December 31, 2004’’. the member was subject to the threat of physical TION.—Subsection (f) of section 402 of title 37, (b) NUCLEAR CAREER ACCESSION BONUS.—Sec- harm or imminent danger on the basis of civil United States Code, as added by subsection (a), tion 312b(c) of such title is amended by striking insurrection, civil war, terrorism, or wartime shall apply with respect to members of the ‘‘December 31, 2003’’ and inserting ‘‘December conditions. Armed Forces assigned to duty in a high-cost 31, 2004’’. ‘‘(b) CONTINUATION DURING HOSPITALIZA- duty location or under other unique and un- (c) NUCLEAR CAREER ANNUAL INCENTIVE TION.—A member covered by subsection (a)(2)(C) usual circumstances, as determined pursuant to BONUS.—Section 312c(d) of such title is amended who is hospitalized for the treatment of the in- regulations prescribed pursuant to subsection by striking ‘‘December 31, 2003’’ and inserting jury or wound may be paid special pay under (c), after September 11, 2001. ‘‘December 31, 2004’’. (c) REGULATIONS; TIME LIMITS.—Final regula- this section for not more than three additional SEC. 614. ONE-YEAR EXTENSION OF OTHER months during which the member is so hospital- tions to carry out subsection (f) of section 402 of BONUS AND SPECIAL PAY AUTHORI- title 37, United States Code, as added by sub- TIES. ized.’’. section (a), shall be prescribed not later than 180 (a) AVIATION OFFICER RETENTION BONUS.— (b) CLERICAL AMENDMENTS.—Such section is days after the date of the enactment of this Act. Section 301b(a) of title 37, United States Code, is further amended— The regulations shall provide a method by amended by striking ‘‘December 31, 2003’’ and (1) in subsection (c), as redesignated by sub- which a member of the Armed Forces covered by inserting ‘‘December 31, 2004’’. section (a)(1), by inserting ‘‘LIMITATIONS AND such subsection (f) may obtain reimbursement (b) REENLISTMENT BONUS FOR ACTIVE MEM- ADMINISTRATION.—’’ before ‘‘(1)’’; and (2) in subsection (d), as redesignated by sub- for subsistence expenses incurred by the member BERS.—Section 308(g) of such title is amended by section (a)(1), by inserting ‘‘DETERMINATIONS OF during the period beginning on September 11, striking ‘‘December 31, 2003’’ and inserting ‘‘De- FACT.—’’ before ‘‘Any’’. 2001, and ending on the date the regulations cember 31, 2004’’. take effect. (c) ENLISTMENT BONUS FOR ACTIVE MEM- SEC. 617. EXPANSION OF OVERSEAS TOUR EXTEN- BERS.—Section 309(e) of such title is amended by SION INCENTIVE PROGRAM TO OFFI- Subtitle B—Bonuses and Special and CERS. Incentive Pays striking ‘‘December 31, 2003’’ and inserting ‘‘De- cember 31, 2004’’. (a) SPECIAL PAY OR BONUS FOR EXTENDING SEC. 611. ONE-YEAR EXTENSION OF CERTAIN (d) RETENTION BONUS FOR MEMBERS WITH OVERSEAS TOUR OF DUTY.—(1) Subsections (a) BONUS AND SPECIAL PAY AUTHORI- CRITICAL MILITARY SKILLS.—Section 323(i) of and (b) of section 314 of title 37, United States TIES FOR RESERVE FORCES. such title is amended by striking ‘‘December 31, Code, are amended by striking ‘‘an enlisted (a) SELECTED RESERVE REENLISTMENT 2003’’ and inserting ‘‘December 31, 2004’’. member’’ and inserting ‘‘a member’’. BONUS.—Section 308b(f ) of title 37, United (e) ACCESSION BONUS FOR NEW OFFICERS IN (2)(A) The heading of such section is amended States Code, is amended by striking ‘‘December CRITICAL SKILLS.—Section 324(g) of such title is to read as follows: 31, 2003’’ and inserting ‘‘December 31, 2004’’. amended by striking ‘‘December 31, 2003’’ and ‘‘§ 314. Special pay or bonus: qualified mem- (b) SELECTED RESERVE ENLISTMENT BONUS.— inserting ‘‘December 31, 2004’’. bers extending duty at designated locations Section 308c(e) of such title is amended by strik- overseas’’. ing ‘‘December 31, 2003’’ and inserting ‘‘Decem- SEC. 615. COMPUTATION OF HAZARDOUS DUTY INCENTIVE PAY FOR DEMOLITION (B) The item relating to such section in the ber 31, 2004’’. DUTY AND PARACHUTE JUMPING BY (c) SPECIAL PAY FOR ENLISTED MEMBERS AS- table of sections at the beginning of chapter 5 of MEMBERS OF RESERVE COMPO- such title is amended to read as follows: SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Sec- NENTS ENTITLED TO COMPENSA- tion 308d(c) of such title is amended by striking TION UNDER SECTION 206 OF TITLE ‘‘314. Special pay or bonus: qualified members ‘‘December 31, 2003’’ and inserting ‘‘December 37. extending duty at designated lo- 31, 2004’’. (a) IN GENERAL.—Section 301(f) of title 37, cations overseas.’’. (d) SELECTED RESERVE AFFILIATION BONUS.— United States Code, is amended by adding at the (b) REST AND RECUPERATIVE ABSENCE IN LIEU Section 308e(e) of such title is amended by strik- end the following new paragraph: OF PAY OR BONUS.—(1) Subsection (a) of section

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.038 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4441 705 of title 10, United States Code, is amended (2) The table of sections at the beginning of ‘‘326. Incentive bonus: lateral conversion bonus by striking ‘‘an enlisted member’’ and inserting such chapter is amended by inserting after the for service in critically short mili- ‘‘a member’’. item relating to section 305a the following new tary occupational speciality.’’. (2)(A) The heading of such section is amended item: SEC. 622. INCREASE IN RATE FOR IMMINENT DAN- to read as follows: ‘‘305b. Special pay: service as member of Weap- GER PAY AND FAMILY SEPARATION ‘‘§ 705. Rest and recuperation absence: quali- ons of Mass Destruction Civil ALLOWANCE RELATED TO SERVICE fied members extending duty at designated Support Team.’’. IN OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM. locations overseas’’. (b) EFFECTIVE DATE.—Section 305b of title 37, (a) SPECIAL PAYMENT RATES.—Effective Octo- (B) The item relating to such section in the United States Code, as added by subsection (a), shall take effect on October 1, 2003. ber 1, 2003, in the case of a member of the uni- table of sections at the beginning of chapter 40 formed services who serves, for any period of of such title is amended to read as follows: SEC. 621. INCENTIVE BONUS FOR AGREEMENT TO SERVE IN CRITICALLY SHORT MILI- time during a month, in a combat zone des- ‘‘705. Rest and recuperative absence for quali- TARY OCCUPATIONAL SPECIALTY. ignated for Operation Iraqi Freedom or Oper- fied members extending duty at (a) IN GENERAL.—Chapter 5 of title 37, United ation Enduring Freedom, the monthly rate for designated locations overseas.’’. States Code, is amended by adding at the end imminent danger pay under section 310 of title SEC. 618. ELIGIBILITY OF APPOINTED WARRANT the following new section: 37, United States Code, shall be deemed to be OFFICERS FOR ACCESSION BONUS ‘‘§ 326. Incentive bonus: lateral conversion $225 and the monthly rate for the family separa- FOR NEW OFFICERS IN CRITICAL tion allowance under section 427 of such title SKILLS. bonus for service in critically short military shall be deemed to be $250. Section 324 of title 37, United States Code, is occupational speciality (b) DURATION.—The special rates for imminent amended in subsections (a) and (f)(1) by insert- ‘‘(a) INCENTIVE BONUS AUTHORIZED.—The danger pay and the family separation allowance ing ‘‘or an appointment’’ after ‘‘commission’’. Secretary concerned may pay a bonus under this section to a member of the armed forces who in effect under subsection (a) for an operation SEC. 619. INCENTIVE PAY FOR DUTY ON GROUND referred to in such subsection expire on the date IN ANTARCTICA OR ON ARCTIC ICE- executes a written agreement to convert to, and PACK. serve for a period of not less than two years in, the President terminates the operation. (a) IN GENERAL.—(1) Chapter 5 of title 37, a critically short military occupational spe- Subtitle C—Travel and Transportation United States Code, is amended by inserting cialty. Allowances after section 301e the following new section: ‘‘(b) ELIGIBLE MEMBERS.—A bonus may only SEC. 631. SHIPMENT OF PRIVATELY OWNED ‘‘§ 301f. Incentive pay: duty on ground in Ant- be paid under this section only to a member MOTOR VEHICLE WITHIN CONTI- arctica or on Arctic icepack who— NENTAL UNITED STATES. ‘‘(1) is entitled to basic pay; and (a) AUTHORITY TO PROCURE CONTRACT FOR ‘‘(a) AVAILABILITY OF INCENTIVE PAY.—A ‘‘(2) is serving in pay grade E–6 (with less member of the uniformed services who performs TRANSPORTATION OF MOTOR VEHICLE.—Section than 10 years of service computed under section 2634 of title 10, United States Code, is amend- duty at a location described in subsection (b) is 205 of this title) or pay grade E–5 or below (re- entitled to special pay under this section at a ed— gardless of years of service) at the time the (1) by redesignating subsection (h) as sub- rate of $5 for each day of that duty. agreement under subsection (a) is executed. section (i); and ‘‘(b) COVERED LOCATIONS.—Subsection (a) ap- ‘‘(c) AMOUNT AND PAYMENT OF BONUS.—(1) A plies with respect to duty performed on the (2) by inserting after subsection (g) the fol- bonus under this section may not exceed $4,000. lowing new subsection (h): ground in Antarctica or on the Arctic icepack.’’. ‘‘(2) A bonus payable under this section shall ‘‘(h) In the case of a change of permanent sta- (2) The table of sections at the beginning of be disbursed in one lump sum payment when the tion described in subparagraph (A) or (B) of such chapter is amended by inserting after the member’s conversion to the critically short mili- subsection (i)(1), the Secretary concerned may item relating to section 301e the following new tary occupational specialty is approved by the authorize the member to arrange for the ship- item: personnel chief of the member’s armed force. ment of the motor vehicle in lieu of transpor- ‘‘301f. Incentive pay: duty on ground in Antarc- ‘‘(d) RELATIONSHIP TO OTHER PAY AND AL- tation at the expense of the United States under tica or on Arctic icepack.’’. LOWANCES.—A bonus paid to a member under this section. The Secretary concerned may pay (b) EFFECTIVE DATE.—Section 301f of title 37, this section is in addition to any other pay and the member a monetary allowance in lieu of United States Code, as added by subsection (a), allowances to which the member is entitled. transportation, as established under section shall take effect on October 1, 2003. ‘‘(e) REPAYMENT OF BONUS.—(1) A member who receives a bonus under this section and 404(d)(1) of title 37, and the member shall be re- SEC. 620. SPECIAL PAY FOR SERVICE AS MEMBER sponsible for any transportation costs in excess OF WEAPONS OF MASS DESTRUC- who, voluntarily or because of misconduct, fails TION CIVIL SUPPORT TEAM. to serve in the critically short military occupa- of such allowance.’’. LLOWANCE FOR ELF ROCUREMENT OF (a) IN GENERAL.—(1) Chapter 5 of title 37, tional specialty for the period specified in the (b) A S -P United States Code, is amended by inserting agreement shall refund to the United States an TRANSPORTATION OF MOTOR VEHICLE.—Section after section 305a the following new section: amount that bears the same ratio to the bonus 406(b)(1)(B) of title 37, United States Code, is amended by adding at the end the following ‘‘§ 305b. Special pay: service as member of amount paid to the member as the unserved part of such period bears to the total period agreed to new sentence: ‘‘In the case of the transportation Weapons of Mass Destruction Civil Support of a motor vehicle arranged by the member Team be served. ‘‘(2) An obligation to reimburse the United under section 2634(h) of title 10, the Secretary ‘‘(a) AVAILABILITY OF SPECIAL PAY.—The Sec- States imposed under paragraph (1) is, for all concerned may pay the member, upon proof of retary of a military department may pay special purposes, a debt owed to the United States. shipment, a monetary allowance in lieu of pay under this section to a member of the armed ‘‘(3) A discharge in bankruptcy under title 11 transportation, as established under section forces under the jurisdiction of that Secretary that is entered less than five years after the ter- 404(d)(1) of this title.’’. who is entitled to basic pay under section 204 mination of the agreement for which a bonus SEC. 632. PAYMENT OR REIMBURSEMENT OF STU- and is assigned by orders to duty as a member was paid under this section shall not discharge DENT BAGGAGE STORAGE COSTS of a Weapons of Mass Destruction Civil Support the person signing such agreement from the debt FOR DEPENDENT CHILDREN OF Team. arising under paragraph (1). MEMBERS STATIONED OVERSEAS. ‘‘(b) MONTHLY RATE.—Special pay payable ‘‘(4) Under regulations prescribed pursuant to Section 430(b)(2) of title 37, United States under subsection (a) shall be paid at a rate subsection (f), the Secretary concerned may Code, is amended in the first sentence by insert- equal to $150 a month. waive, in whole in part, a refund required under ing before the period at the end the following: ‘‘(c) ELIGIBILITY OF RESERVE COMPONENT paragraph (1) if the Secretary determines that ‘‘or during a different period in the same fiscal MEMBERS WHEN PERFORMING INACTIVE DUTY recovery would be against equity and good con- year selected by the member’’. RAINING T .—Under regulations prescribed by the science or would be contrary to the best interests SEC. 633. REIMBURSEMENT FOR LODGING EX- Secretary concerned and to the extent provided of the United States. PENSES OF CERTAIN RESERVE COM- for in appropriation Acts, when a member of a ‘‘(f) REGULATIONS.—The Secretaries concerned PONENT AND RETIRED MEMBERS reserve component of the armed forces who is shall prescribe regulations to carry out this sec- DURING AUTHORIZED LEAVE FROM entitled to compensation under section 206 of tion. Regulations prescribed by the Secretary of TEMPORARY DUTY LOCATION. this title performs duty under orders as a mem- a military department shall be subject to the ap- (a) REIMBURSEMENT AUTHORIZED.—The Sec- ber of a Weapons of Mass Destruction Civil Sup- proval of the Secretary of Defense. retary concerned (as defined in section 101 of port Team, the member may be paid an increase ‘‘(g) DEFINITION.—In this section, the term title 37, United States Code) may reimburse a in compensation equal to 1⁄30 of the monthly spe- ‘critically short military occupational specialty’ member of the Armed Forces described in sub- cial pay specified in subsection (b) for each day means a military occupational specialty, mili- section (b) for lodging expenses incurred by the on which the member performs such duty. tary rating, or other military speciality des- member at the member’s duty location while the ‘‘(d) DEFINITION.—In this section, the term ignated by the Secretary concerned as under- member is in an authorized leave status. ‘Weapons of Mass Destruction Civil Support manned for purposes of this section. (b) COVERED MEMBERS.—Subsection (a) ap- Team’ means a team of members of the reserve ‘‘(h) TERMINATION OF AUTHORITY.—No agree- plies with respect to a member of a reserve com- components of the armed forces that is estab- ment under this section may be entered into ponent who is called or ordered to active duty lished under section 12310(c) of title 10 in sup- after December 31, 2004.’’. for a period of more than 30 days, or a retired port of emergency preparedness programs to pre- (b) CLERICAL AMENDMENT.—The table of sec- member who is ordered to active duty under sec- pare for or to respond to any emergency involv- tions at the beginning of such chapter is amend- tion 688(a) of title 10, United States Code, if the ing the use of a weapon of mass destruction.’’. ed by adding at the end the following new item: member—

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.038 H21PT1 H4442 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (1) immediately before taking authorized leave (ii) in subparagraph (B), by inserting before ‘‘1064. Use of commissary stores and MWR retail was performing duty at a location away from the period at the end the following: ‘‘, to be de- facilities: members of National the member’s home; termined without regard to section 1413, 1413a, Guard serving in federally de- (2) was receiving a per diem allowance under or 1414 of this title’’; and clared disaster or national emer- section 404(a)(4) of title 37, United States Code, (iii) in the sentence following subparagraph gency.’’. to cover lodging and subsistence expenses in- (B), by striking ‘‘subsection (b)’’ and inserting SEC. 652. DEFENSE COMMISSARY SYSTEM AND curred at the duty location because quarters of ‘‘subsection (b)(1)’’; EXCHANGE STORES SYSTEM. the United States were not available for assign- (B) by redesignating paragraph (4) as para- ment to the member at that location; and graph (5); and (a) EXISTENCE OF SYSTEMS.—Chapter 147 of (3) immediately after completing the author- (C) by inserting after paragraph (3) the fol- title 10, United States Code, is amended by in- ized leave, returned to the duty location. lowing new paragraph (4): serting before section 2482 the following new (c) AMOUNT OF REIMBURSEMENT.—The ‘‘(4) Whenever the Secretary carries out an section: actuarial valuation under paragraph (1), the amount of the reimbursement provided to a ‘‘§ 2481. Existence of defense commissary sys- Secretary shall include as part of such valu- member under subsection (a) may not exceed the tem and exchange stores system lesser of— ation the following: ‘‘(A) A determination of a single level percent- (1) the actual daily cost of lodging incurred by ‘‘(a) IN GENERAL.—The Secretary of Defense age determined in the same manner as applies the member at the duty location while the mem- shall operate a defense commissary system and under subparagraph (A) of paragraph (1), but ber was in an authorized leave status; and an exchange stores system in the manner pro- (2) the lodging portion of the applicable daily based only upon the provisions of section 1413, vided by this chapter and other provisions of per diem rate for that duty location. 1413a, or 1414 of this title (whichever is in ef- law. fect). (d) RETROACTIVE APPLICATION.—This section ‘‘(b) SEPARATE SYSTEMS.—Except as author- ‘‘(B) A determination of a single level percent- applies with respect to members of the reserve ized by section 2490a of this title, the defense age determined in the same manner as applies components described in subsection (b) who, commissary system and the exchange stores sys- under subparagraph (B) of paragraph (1), but since September 11, 2001, were or are called or tem shall be operated as separate systems of the based only upon the provisions of section 1413, ordered to active duty for a period of more than Department of Defense.’’. 1413a, or 1414 of this title (whichever is in ef- 30 days and retired members described in such fect). (b) CLERICAL AMENDMENT.—The table of sec- subsection who, since that date, were or are or- Such single level percentages shall be used for tions at the beginning of such chapter is amend- dered to active duty under section 688(a) of title the purposes of subsection (b)(3).’’. ed by inserting before the item relating to sec- 10, United States Code. (4) Section 1466(b) of such title is amended— tion 2482 the following new item: Subtitle D—Retired Pay and Survivors (A) in paragraph (1), by striking ‘‘sections ‘‘2481. Existence of defense commissary system Benefits 1465(a) and 1465(c)’’ and inserting ‘‘sections and exchange stores system.’’. SEC. 641. FUNDING FOR SPECIAL COMPENSATION 1465(a), 1465(b)(3), 1465(c)(2), and 1465(c)(3)’’; SEC. 653. LIMITATIONS ON PRIVATE OPERATION AUTHORITIES FOR DEPARTMENT OF and OF DEFENSE COMMISSARY STORE DEFENSE RETIREES. (B) by adding at the end of paragraph (2) the FUNCTIONS. (a) SOURCE OF PAYMENTS.— following new subparagraph: (1) Section 1413(g) of title 10, United States ‘‘(D) The amount for that year determined by Section 2482(a) of title 10, United States Code, Code, is amended— the Secretary of Defense under section 1465(b)(3) is amended— (A) by inserting before ‘‘Payments under’’ the of this title for the cost to the Fund arising from (1) by striking the first and second sentences following new sentence: ‘‘Payments under this increased amounts payable from the Fund by and inserting the following: ‘‘(1) Under such section for a member of the Army, Navy, Air reason of section 1413, 1413a, or 1414 of this regulations as the Secretary of Defense may ap- Force, or Marine Corps shall be paid from the title.’’. prove, private persons may operate selected com- (c) EFFECTIVE DATE.—The amendments made Department of Defense Military Retirement missary store functions, except that such func- by this section shall take effect on October 1, Fund.’’; and tions may not include functions relating to the 2003. (B) by inserting ‘‘for any other member’’ be- procurement of products to be sold in a com- fore ‘‘for any fiscal year’’. Subtitle E—Commissary and Non- missary store or functions relating to the overall (2) Section 1413a(h) of such title is amended— appropriated Fund Instrumentality Benefits management of a commissary system or the (A) by inserting before ‘‘Payments under’’ the SEC. 651. EXPANDED COMMISSARY ACCESS FOR management of a commissary store.’’; and following new sentence: ‘‘Payments under this SELECTED RESERVE MEMBERS, RE- (2) by adding at the end the following new section for a member of the Army, Navy, Air SERVE RETIREES UNDER AGE 60, AND THEIR DEPENDENTS. paragraph: Force, or Marine Corps shall be paid from the (a) ACCESS TO MILITARY COMMISSARIES.—Sec- ‘‘(2) Any change to private operation of a Department of Defense Military Retirement tion 1065 of title 10, United States Code, is commissary store function shall not take effect Fund.’’; and amended— until the Secretary of Defense submits written (B) by inserting ‘‘for any other member’’ be- (1) in subsections (a), (b), and (c), by inserting notice of the proposed change to Congress and fore ‘‘for any fiscal year’’. ‘‘commissary stores and’’ after ‘‘use’’ each place a period of 90 days of continuous session of (b) PAYMENT OF INCREASED RETIREMENT it appears; and Congress expires following the date on which TRUST FUND COSTS DUE TO CONCURRENT RE- (2) in subsection (d)— notice was received, determined as provided in CEIPT OR ENHANCED SPECIAL DISABILITY COM- (A) by inserting ‘‘commissary stores and’’ section 2486(d)(2) of this title.’’. PENSATION PAYMENTS.— after ‘‘use’’ the first and third places it appears; (1) Section 1463(a)(1) of this title is amended and SEC. 654. USE OF APPROPRIATED FUNDS TO OP- by inserting before the semicolon the following: (B) by inserting ‘‘stores and’’ after ‘‘use’’ the ERATE DEFENSE COMMISSARY SYS- TEM. ‘‘and payments under section 1413, 1413a, or second and fourth places it appears. 1414 of this title paid to such members’’. (b) CONFORMING AMENDMENTS; TRANSFER OF (a) REQUIREMENT THAT COMMISSARY OPER- (2) Section 1465(b) of such title is amended by SECTION.—Chapter 54 of such title is amended— ATING EXPENSES BE PAID FROM APPROPRIATED adding at the end the following new paragraph: (1) by striking sections 1063 and 1064; FUNDS.—Section 2484 of title 10, United States ‘‘(3) At the same time that the Secretary of (2) in section 1063a(c)(2), by striking ‘‘section Code, is amended— Defense makes the determination required by 1065(e)’’ and inserting ‘‘section 1063(e)’’; (1) in subsection (a), by striking ‘‘may’’ and paragraph (1) for any fiscal year, the Secretary (3) by redesignating section 1063a, as amended inserting ‘‘shall’’; and shall determine the amount of the Treasury con- by paragraph (2), as section 1064; (4) by transferring section 1065, as amended (2) in subsection (b), by striking ‘‘may’’ in the tribution to be made to the Fund for the next first sentence and inserting ‘‘shall’’. fiscal year under section 1466(b)(2)(D) of this by subsection (a), so as to appear after section (b) SUPPLEMENTAL FUNDS FOR COMMISSARY title. That amount shall be determined in the 1062; and (5) by striking the heading of such section, as OPERATIONS.—Such section is further amended same manner as the determination under para- amended by subsection (a) and transferred by by adding at the end the following new sub- graph (1) of the total amount of Department of paragraph (4), and inserting the following new section: Defense contributions to be made to the Fund heading: during that fiscal year under section 1466(a) of ‘‘(c) SUPPLEMENTAL FUNDS FOR COMMISSARY this title, except that for purposes of this para- ‘‘§ 1063. Use of commissary stores and MWR re- OPERATIONS.—Amounts appropriated to cover graph the Secretary, in making the calculations tail facilities: members of reserve compo- the expenses of operating the Defense Com- required by subparagraphs (A) and (B) of that nents and reserve retirees under age 60’’. missary Agency and the defense commissary sys- paragraph, shall use the single level percentages (c) CLERICAL AMENDMENTS.—The table of sec- tem may be supplemented with additional funds determined under subsection (c)(4), rather than tions at the beginning of such chapter is amend- from manufacturers’ coupon redemption fees, those determined under subsection (c)(1).’’. ed by striking the items relating to sections 1063, handling fees for tobacco products, and other (3) Section 1465(c) of such title is amended— 1063a, 1064, and 1065 and inserting the following amounts received as reimbursement for other (A) in paragraph (1)— new items: support activities provided by commissary ac- (i) in subparagraph (A), by inserting before ‘‘1063. Use of commissary stores and MWR retail tivities.’’. the semicolon at the end the following: ‘‘, to be facilities: members of reserve com- (c) EFFECTIVE DATE.—The amendments made determined without regard to section 1413, ponents and reserve retirees under by this section shall take effect on October 1, 1413a, or 1414 of this title’’; age 60. 2003.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.038 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4443 SEC. 655. RECOVERY OF NONAPPROPRIATED (B) of this paragraph, the Secretary of Defense who may intend to rely on TRICARE-author- FUND INSTRUMENTALITY AND COM- may determine a separate single level dollar ized providers for health care services. MISSARY STORE INVESTMENTS IN amount under either or both subparagraphs for (b) IMPLEMENTATION OF PLAN.—The Secretary REAL PROPERTY AT MILITARY IN- any participating uniformed service, if, in the of Defense shall implement the plan required by STALLATIONS CLOSED OR RE- ALIGNED. judgment of the Secretary, such a determination subsection (a) with respect to any contract en- (a) 1988 LAW.—Section 204(b)(7)(C)(i) of the would produce a more accurate and appropriate tered into by the Department of Defense after Defense Authorization Amendments and Base actuarial valuation for that uniformed serv- May 31, 2003, for managed health care. Closure and Realignment Act (Public Law 100– ice.’’. (c) DEFINITIONS.—In this section: 526; 10 U.S.C. 2687 note) is amended in the sec- SEC. 702. TRANSFER OF CERTAIN MEMBERS FROM (1) The term ‘‘eligible person’’ means a person ond sentence by striking ‘‘The Secretary may PHARMACY AND THERAPEUTICS eligible for health benefits under section 1079 or use amounts in the account (in such an aggre- COMMITTEE TO UNIFORM FOR- 1086 of title 10, United States Code. MULARY BENEFICIARY ADVISORY (2) The term ‘‘TRICARE-authorized provider’’ gate amount as is provided in advance in appro- PANEL UNDER THE PHARMACY BEN- means a facility, doctor, or other provider of priation Acts)’’ and inserting ‘‘Amounts in the EFITS PROGRAM. health care services— account shall be available to the Secretary, Section 1074g of title 10, United States Code, is (A) that meets the licensing and credentialing without appropriation and until expended,’’. amended— certification requirements in the State where the (b) 1990 LAW.—Section 2906(d)(3) of the De- (1) in subsection (b)(1) in the second sentence, fense Base Closure and Realignment Act of 1990 services are rendered; by striking ‘‘facilities,’’ and all that follows (B) that meets requirements under regulations (part A of title XXIX of Public Law 101–510; 10 through the end of the sentence and inserting relating to TRICARE for the type of health care U.S.C. 2687 note) is amended by striking ‘‘The ‘‘facilities and representatives of providers in fa- services rendered; and Secretary may use amounts in the account (in cilities of the uniformed services.’’; and (C) that has accepted reimbursement by the such an aggregate amount as is provided in ad- (2) in subsection (c)(2)— Secretary of Defense as payment for services vance in appropriation Acts)’’ and inserting (A) by striking ‘‘represent nongovernmental’’ rendered during the 12-month period preceding ‘‘Amounts in the account shall be available to and inserting the following: ‘‘represent— the date of the most recently updated provider the Secretary, without appropriation and until ‘‘(A) nongovernmental’’; information provided to households under the expended,’’. (B) by striking the period at the end and in- plan required by subsection (a). SEC. 656. COMMISSARY SHELF-STOCKING PILOT serting a semicolon; and (d) SUBMISSION OF PLAN.—Not later than PROGRAM. (C) by adding at the end the following new March 31, 2004, the Secretary shall submit to the (a) PILOT PROGRAM AUTHORITY.—Subject to subparagraphs: Committees on Armed Services of the Senate and subsection (c), the Secretary of Defense may ‘‘(B) contractors responsible for the TRICARE House of Representatives the plan required by conduct a pilot program under which the stock- retail pharmacy program; subsection (a), together with a schedule for im- ing of shelves at three defense commissary stores ‘‘(C) contractors responsible for the national plementation of the plan. operated by the Defense Commissary Agency mail-order pharmacy program; and shall be the sole responsibility of Federal em- ‘‘(D) TRICARE network providers.’’. SEC. 705. WORKING GROUP ON MILITARY HEALTH CARE FOR PERSONS RELIANT ON ployees of the Agency or employees contracted SEC. 703. PERMANENT EXTENSION OF AUTHOR- HEALTH CARE FACILITIES AT MILI- by the agency. ITY TO ENTER INTO PERSONAL TARY INSTALLATIONS TO BE (b) IMPLEMENTATION PLAN.—(1) The Secretary SERVICES CONTRACTS FOR THE CLOSED OR REALIGNED. of Defense shall submit to the Committee on PERFORMANCE OF HEALTH CARE Section 722 of the National Defense Author- RESPONSIBILITIES AT LOCATIONS Armed Services of the Senate and the Committee ization Act for Fiscal Year 1993 (Public Law on Armed Services of the House of Representa- OTHER THAN MILITARY MEDICAL TREATMENT FACILITIES. 102–484; 10 U.S.C. 1073 note) is amended by tives a plan for the conduct of the pilot pro- Section 1091(a)(2) of title 10, United States striking subsections (a), (b), (c), and (d) and in- gram. The plan shall be submitted not later Code, is amended by striking ‘‘The Secretary serting the following new subsections: than six months after the date of the enactment may not enter into a contract under this para- ‘‘(a) ESTABLISHMENT.—Not later than Decem- of this Act. graph after December 31, 2003.’’. ber 31, 2003, the Secretary of Defense shall es- (2) The plan shall include the following: tablish a working group on the provision of mili- SEC. 704. PLAN FOR PROVIDING HEALTH COV- (A) The financial structure of the pilot pro- tary health care to persons who rely for health gram and expected costs. ERAGE INFORMATION TO MEMBERS, FORMER MEMBERS, AND DEPEND- care on health care facilities located at military (B) The Secretary’s request to the Office of ENTS ELIGIBLE FOR CERTAIN installations— Personnel Management to conduct the pilot pro- HEALTH BENEFITS. ‘‘(1) inside the United States that are selected gram as a Federal civilian personnel demonstra- (a) HEALTH INFORMATION PLAN REQUIRED.— for closure or realignment in the 2005 round of tion project under chapter 47 of title 5, United The Secretary of Defense shall develop a plan realignments and closures authorized by sec- States Code, or a plan to provide otherwise a to— tions 2912, 2913, and 2914 of the Defense Base sufficiently flexible Federal civilian workforce (1) ensure that each household that includes Closure and Realignment Act of 1990 (part A of for the pilot program through another author- one or more eligible persons is provided informa- title XXIX of Public Law 101–510; 10 U.S.C. 2687 ity. tion concerning— note), as added by title XXX of the National (C) Specification of the three sites for the con- (A) the extent of health coverage provided by Defense Authorization Act for Fiscal Year 2002 duct of the pilot program and the criteria used sections 1079 or 1086 of title 10, United States (Public Law 107–107; 155 Stat. 1342); or to select those sites. Code, for each such person; ‘‘(2) outside the United States that are se- (D) Proposed duration of the pilot program (B) the costs, including the limits on such lected for closure or realignment as a result of and the expected timing for providing to Con- costs, that each such person is required to pay force posture changes. gress the results of the pilot program and rec- for such health coverage; ‘‘(b) MEMBERSHIP.—The members of the work- ommendations of the Secretary. (C) sources of information for locating ing group shall include, at a minimum, the fol- (E) Other observations and recommendations TRICARE-authorized providers in the house- lowing: of the Secretary. hold’s locality; and ‘‘(1) The Assistant Secretary of Defense of (c) IMPLEMENTATION.—The Secretary of De- (D) methods to obtain assistance in resolving Health Affairs, or the designee of the Assistant fense may not begin to conduct the pilot pro- difficulties encountered with billing, payments, Secretary. gram until a period of 30 days has elapsed after eligibility, locating TRICARE-authorized pro- ‘‘(2) The Surgeon General of the Army, or the the date of the submission of the plan for the viders, collection actions, and such other issues designee of that Surgeon General. pilot program under subsection (b). as the Secretary considers appropriate; ‘‘(3) The Surgeon General of the Navy, or the Subtitle F—Other Matters (2) provide mechanisms to ensure that each el- designee of that Surgeon General. SEC. 661. REPEAL OF CONGRESSIONAL NOTIFICA- igible person has access to information identi- ‘‘(4) The Surgeon General of the Air Force, or TION REQUIREMENT FOR DESIGNA- fying TRICARE-authorized providers in the per- the designee of that Surgeon General. TION OF CRITICAL MILITARY SKILLS son’s locality who have agreed to accept new ‘‘(5) At least one independent member from FOR RETENTION BONUS. patients under section 1079 or 1086 of title 10, each TRICARE region, but not to exceed a total Section 323(b) of title 37, United States Code, United States Code, and to ensure that such in- of 12 members appointed under this paragraph, is amended— formation is periodically updated; whose experience in matters within the responsi- (1) by striking ‘‘(1)’’; and (3) provide mechanisms to ensure that each el- bility of the working group qualify that person (2) by striking paragraph (2). igible person who requests assistance in locating to represent persons authorized health care TITLE VII—HEALTH CARE PROVISIONS a TRICARE-authorized provider is provided under chapter 55 of title 10, United States Code. ‘‘(c) DUTIES.—(1) In developing the selection SEC. 701. REVISION OF DEPARTMENT OF DE- such assistance; FENSE MEDICARE-ELIGIBLE RE- (4) provide information and recruitment mate- criteria and recommendations for the 2005 round TIREE HEALTH CARE FUND TO PER- rials and programs aimed at attracting partici- of realignments and closures required by sec- MIT MORE ACCURATE ACTUARIAL pation of health care providers as necessary to tions 2913 and 2914 of the Defense Base Closure VALUATIONS. meet health care access requirements for all eli- and Realignment Act of 1990, the Secretary of Section 1115(c) of title 10, United States Code, gible persons; and Defense shall consult with the working group. is amended by adding at the end of paragraph (5) provide mechanisms to allow for the peri- ‘‘(2) The working group shall be available to (1) the following: ‘‘In determining single level odic identification by the Department of Defense provide assistance to the Defense Base Closure dollar amounts under subparagraphs (A) and of the number and locality of eligible persons and Realignment Commission.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.038 H21PT1 H4444 CONGRESSIONAL RECORD — HOUSE May 21, 2003

‘‘(3) In the case of each military installation (3) by striking ‘‘Each’’ and inserting ‘‘(1) Ex- ‘‘(d) ADDITIONAL AUTHORITY.—(1) In addition referred to in paragraph (1) or (2) of subsection cept as provided in paragraph (2), each’’; and to the authority provided under subsection (a), (a) whose closure or realignment will affect the (4) by adding at the end the following new the Secretary of Defense may enter into per- accessibility to health care services for persons paragraph: sonal services contracts with individuals, re- entitled to such services under chapter 55 of title ‘‘(2) Paragraph (1) shall not apply to a prime gardless of their nationality, outside of the 10, United States Code, the working group shall contract with a contractor that maintains a United States. provide to the Secretary of Defense a plan for purchasing system approved by the contracting ‘‘(2) The contracting officer for a personal the provision of the health care services to such officer for the contract.’’. services contract shall be responsible for ensur- persons. SEC. 803. ELIMINATION OF REQUIREMENT TO ing that a personal services contract is the ap- ‘‘(d) SPECIAL CONSIDERATIONS.—In carrying FURNISH WRITTEN ASSURANCES OF propriate vehicle for carrying out the purpose of out its duties under subsection (c), the working TECHNICAL DATA CONFORMITY. the contract.’’. group— Section 2320(b) of title 10, United States Code, ‘‘(1) shall conduct meetings with persons enti- is amended— (b) INTELLIGENCE COMPONENTS.—(1) Sub- tled to health care services under chapter 55 of (1) by striking paragraph (7); and chapter I of chapter 21 of title 10, United States title 10, United States Code, or representatives of (2) by redesignating paragraphs (8) and (9) as Code, is amended by adding at the end the fol- such persons; paragraphs (7) and (8), respectively. lowing new section: ‘‘(2) may use reliable sampling techniques; SEC. 804. LIMITATION PERIOD FOR TASK AND DE- ‘‘§ 426. Personal services contracts: authority ‘‘(3) may visit the areas where closures or re- LIVERY ORDER CONTRACTS. and limitations alignments of military installations will ad- (a) IN GENERAL.—Chapter 137 of title 10, versely affect the accessibility of health care for United States Code, is amended— ‘‘(a) PERSONAL SERVICES.—(1) The Secretary such persons and may conduct public meetings; (1) in section 2304a— of Defense may, notwithstanding section 3109 of and (A) in subsection (e)— title 5, enter into personal services contracts in ‘‘(4) shall ensure that members of the uni- (i) by inserting ‘‘(1)’’ before ‘‘A task’’; and the United States if the personal services di- formed services on active duty, members and (ii) by adding at the end the following new rectly support the mission of a defense intel- former members of the uniformed services enti- paragraphs: ligence component or counter-intelligence orga- tled to retired or retainer pay, and dependents ‘‘(2) Unless use of procedures other than com- nization. and survivors of such members and retired per- petitive procedures is authorized by an excep- ‘‘(2) The contracting officer for a personal sonnel are afforded the opportunity to express tion in subsection (c) of section 2304 of this title services contract shall be responsible for ensur- their views.’’. and approved in accordance with subsection (f) ing that a personal services contract is the ap- SEC. 706. ACCELERATION OF IMPLEMENTATION of such section, competitive procedures shall be propriate vehicle for carrying out the purpose of OF CHIROPRACTIC HEALTH CARE used for making such a modification. the contract. FOR MEMBERS ON ACTIVE DUTY. ‘‘(3) Notice regarding the modification shall be The Secretary of Defense shall accelerate the ‘‘(b) DEFINITION.—In this section, the term provided in accordance with section 18 of the ‘defense intelligence component’ means a com- implementation of the plan required by section Office of Federal Procurement Policy Act (41 702 of the Floyd D. Spence National Defense ponent of the Department of Defense that is an U.S.C. 416) and section 8(e) of the Small Busi- element of the intelligence community, as de- Authorization Act for Fiscal Year 2001 (Public ness Act (15 U.S.C. 637(e)).’’; and Law 106–398) (relating to chiropractic health fined in section 3(4) of the National Security Act (B) by striking subsection (f) and inserting the of 1947 (50 U.S.C. 401a(4)).’’. care services and benefits), with a goal of com- following: pleting implementation of the plan by October 1, ‘‘(f) LIMITATION ON CONTRACT PERIOD.—The (2) The table of sections at the beginning of 2005. base period of a task order contract or delivery such subchapter is amended by adding at the SEC. 707. MEDICAL AND DENTAL SCREENING FOR order contract entered into under this section end the following new item: MEMBERS OF SELECTED RESERVE may not exceed five years unless a longer period ‘‘426. Personal services contracts: authority and UNITS ALERTED FOR MOBILIZATION. is specifically authorized in a law that is appli- limitations.’’. Section 1074a of title 10, United States Code, is cable to such contract. The contract may be ex- (c) SPECIAL OPERATIONS COMMAND.—Section amended by adding at the end the following tended for an additional 5 years (for a total con- 167 of title 10, United States Code, is amended new subsection: tract period of not more than 10 years) through by adding at the end the following new sub- ‘‘(f)(1) The Department of Defense may pro- modifications, options, or otherwise.’’; and section: vide medical and dental screening and care to (2) in section 2304b— members of the Selected Reserve who are as- (A) by striking subsection (a) and inserting ‘‘(l) PERSONAL SERVICES CONTRACTS.—(1) The signed to a unit that has been alerted that the the following: Secretary of Defense may, notwithstanding sec- unit will be mobilized for active duty in support ‘‘(a) IN GENERAL.—A task order contract (as tion 3109 of title 5, enter into personal services of an operational mission or contingency oper- defined in section 2304d of this title) for procure- contracts in the United States if the personal ation, during a national emergency, or in a time ment of advisory and assistance services shall be services directly support the mission of the spe- of war. subject to the requirements of this section, sec- cial operations command. ‘‘(2) The medical and dental screening and tions 2304a and 2304c of this title, and other ap- ‘‘(2) The contracting officer for a personal care that may be provided under this subsection plicable provisions of law.’’; services contract shall be responsible for ensur- is screening and care necessary to ensure that a (B) by striking subsections (b), (f), and (g) ing that a personal services contract is the ap- member meets the medical and dental standards and redesignating subsections (c), (d), (e), (h), propriate vehicle for carrying out the purpose of for required deployment. and (i) as subsections (b) through (f); the contract.’’. ‘‘(3) The services provided under this sub- (C) by amending subsection (c) (as redesig- section shall be provided to a member at no cost nated by subparagraph (B)) to read as follows: SEC. 806. EVALUATION OF PROMPT PAYMENT to the member and at any time after the unit to PROVISIONS. ‘‘(c) REQUIRED CONTENT OF CONTRACT.—A which the member is assigned is alerted or other- task order contract described in subsection (a) (a) EVALUATION REQUIREMENT.—The Sec- wise notified that the unit will be mobilized.’’. shall contain the same information that is re- retary of Defense shall evaluate provisions of TITLE VIII—ACQUISITION POLICY, ACQUI- quired by section 2304a(b) to be included in the law and regulation relating to the prompt pay- SITION MANAGEMENT, AND RELATED solicitation of offers for that contract.’’; and ment of amounts due contractors under con- MATTERS (D) in subsection (d) (as redesignated by sub- tracts with the Department of Defense. Subtitle A—Amendments to General Con- paragraph (B))— (b) MATTERS COVERED.—In carrying out such tracting Authorities, Procedures, and Limi- (i) in paragraph (1), by striking ‘‘under this evaluation, the Secretary shall focus in par- tations section’’ and inserting ‘‘described in subsection ticular on the implementation of prompt pay- SEC. 801. EXTENSION OF AUTHORITY TO CARRY (a)’’; and ment provisions with respect to small businesses, OUT CERTAIN PROTOTYPE (ii) in paragraph (2), by striking ‘‘under this including— section’’. PROJECTS. (1) an analysis of compliance by the Depart- (b) REPEALS.—(1) Subsection (g) of section Section 845 of the National Defense Author- ment of Defense with chapter 39 of title 31, 2306c of title 10, United States Code, is repealed. ization Act for Fiscal Year 1994 (Public Law United States Code, and regulations applicable (2) Subsection (c) of section 811 of the Bob 103-160; 10 U.S.C. 2371 note) is amended in sub- to the Department of Defense under that chap- Stump National Defense Authorization Act for section (g) by striking ‘‘September 30, 2004’’ and ter, with respect to small business contractors; inserting ‘‘September 30, 2008’’. Fiscal Year 2003 (Public Law 107–314; 116 Stat. (2) a determination of the number of Depart- SEC. 802. ELIMINATION OF CERTAIN SUB- 2608) is repealed. CONTRACT NOTIFICATION REQUIRE- SEC. 805. ADDITIONAL AUTHORITIES RELATING ment of Defense contracts with small businesses MENTS. TO OBTAINING PERSONAL SERVICES. that are not in compliance with prompt payment Subsection (e) of section 2306 of title 10, (a) IN GENERAL.—Section 129b of title 10, requirements; and United States Code, is amended— United States Code, is amended— (3) a determination of the average length of (1) by striking ‘‘(A)’’ and ‘‘(B)’’ and inserting (1) in subsection (a)(1), by striking ‘‘in accord- time that elapses between performance of work ‘‘(i)’’ and ‘‘(ii)’’, respectively; ance with section 3109 of title 5’’; and by small business contractors under Department (2) by redesignating paragraphs (1) and (2) as (2) by adding at the end the following new of Defense contracts and payment for such subparagraphs (A) and (B), respectively, subsection: work.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.038 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4445 Subtitle B—United States Defense Industrial Senate and the House of Representatives. The such an unusual and compelling urgency that Base Provisions first such assessment shall cover the period of the United States would be seriously injured un- Part I—Critical Items Identification and Do- fiscal Year 2002 and fiscal Year 2003 and shall less the Department is permitted to procure the mestic Production Capabilities Improve- be submitted to the Committees no later than item from sources outside the United States. ment Program November 1, 2004. (d) APPLICABILITY.—Subsection (a) shall SEC. 812. IDENTIFICATION OF CRITICAL ITEMS: apply to contracts for the procurement of cov- SEC. 811. ASSESSMENT OF UNITED STATES DE- ered military systems and subcontracts under FENSE INDUSTRIAL BASE CAPABILI- MILITARY SYSTEM BREAKOUT LIST. TIES. (a) IDENTIFICATION PROCESS.—The Secretary such contracts. (a) ASSESSMENT PROGRAM.—The Secretary of of Defense shall establish a process to identify, SEC. 814. PRODUCTION CAPABILITIES IMPROVE- Defense, in coordination with the Secretary of with respect to each military system— MENT FOR CERTAIN CRITICAL ITEMS each military department, shall establish a pro- (1) the items and components within the mili- USING DEFENSE INDUSTRIAL BASE CAPABILITIES FUND. gram to assess the capabilities of the United tary system; (a) ESTABLISHMENT OF FUND.—There is estab- States defense industrial base to produce mili- (2) the items and components within the mili- lished in the Treasury of the United States a tary systems necessary to support national secu- tary system that are essential, in accordance separate fund to be known as the Defense In- rity requirements. with subsection (c); and dustrial Base Capabilities Fund (hereafter in (b) DESIGNEE.—The Secretary of each military (3) the items and components within the mili- this section referred to as the‘Fund’). department shall designate a position to be re- tary system that are critical, in accordance with (b) MONEYS IN FUND.—There shall be credited sponsible for assisting in carrying out the pro- subsection (d). to the Fund amounts appropriated to it. gram under subsection (a) with respect to the (b) MILITARY SYSTEM BREAKOUT LIST.—The (c) AUTHORIZATION OF APPROPRIATIONS.— military department concerned. The person des- Secretary of Defense shall produce a list, to be There is authorized to be appropriated to the ignated to serve in such position shall do the known as the ‘‘military system breakout list’’, Fund $100,000,000 for fiscal year 2004. following: consisting of the items and components identi- (d) USE OF FUND.—The Secretary of Defense is (1) Report to the Service Acquisition Executive fied under the process established under sub- authorized to use all amounts in the Fund, sub- of the military department concerned on defense section (a). ject to appropriation, for the purposes of estab- industrial base matters affecting the acquisition (c) ESSENTIAL ITEMS AND COMPONENTS.—For lishing capabilities within the United States to and production of military systems. purposes of determining whether an item or produce critical items that meet any of the fol- (2) Provide information to assist the Secretary component is essential, the Secretary shall in- lowing criteria: of Defense in carrying out the Secretary’s duties clude only an item or component that— (1) The item is available only from foreign as a member of the National Defense Tech- (1) is essential for the proper functioning and contractors. nology and Industrial Base Council (as estab- performance of the military system of which the (2) The item is available only from a limited lished under section 2502 of title 10, United item or component is a part; or number of United States contractors. States Code). (2) involves a critical technology (as defined (e) LIMITATION ON USE OF FUND.—Before the (3) Oversee the collection of data to assist the in section 2500 of title 10, United States Code). obligation of any amounts in the Fund, the Sec- Secretary of Defense in carrying out subsection (d) CRITICAL ITEMS OR COMPONENTS.—(1) For retary of Defense shall submit to Congress a re- (c). purposes of determining whether an item or port describing the Secretary’s plans for imple- (4) Oversee the process for identifying and de- component is critical, the Secretary shall in- menting the Fund established in subsection (a), termining critical items to assist the Secretary of clude only an item or component that— including the priorities for the obligation of Defense in carrying out section 812. (A) is essential, as determined under sub- amounts in the Fund, the criteria for deter- (c) COLLECTION OF DATA.—The Secretary of section (c); and mining the recipients of such amounts, and the Defense shall collect data in support of the pro- (B) with respect to which there is a high bar- mechanisms through which such amounts may gram. At a minimum, with respect to each pro- rier to entry for the production of the item or be provided to the recipients. curement for a covered military system, the fol- component. (f) AVAILABILITY OF FUNDS.—Amounts in the lowing information shall be collected: (2) For purposes of paragraph (1)(B), a high Fund shall remain available until expended. (1) With respect to the contractor awarded the barrier to entry for the production of an item or (g) FUND MANAGER.—The Secretary of De- contract: component means that— fense shall designate a Fund manager. The du- (A) An identification of the critical item or (A) there would be a significant period of time ties of the Fund manager shall include— items included in the covered military system required to reestablish United States production (1) ensuring the visibility and accountability and whether the item is of a domestic or foreign capabilities; and of transactions engaged in through the Fund; source. (B) the level of investment necessary to rees- and (B) Whether the contractor is a foreign con- tablish United States production capabilities (2) reporting to Congress each year regarding tractor, and, if so— that are able to meet surge and sustained pro- activities of the Fund during the previous fiscal (i) whether the contract was awarded on a duction rates for wartime requirements is sig- year. sole source basis because of the unavailability of nificant. responsible offerors with United States produc- (e) REPORT.—Not later than November 1 of Part II—Requirements Relating to Specific tion capabilities; or each year, beginning with November 1, 2004, the Items (ii) whether the contract was awarded after Secretary of Defense shall submit to the Commit- SEC. 821. DOMESTIC SOURCE LIMITATION receipt of offers from responsible offerors with tees on Armed Services of the Senate and the AMENDMENTS. United States production capabilities. House of Representatives a report on the imple- (a) ADDITIONAL ITEMS.—Section 2534(a) of (C) Whether the contractor is a United States mentation of this section. The report shall in- title 10, United States Code, is amended by add- contractor, and, if the contractor plans to per- clude the following: ing at the end of the following new paragraphs: form work under the contract outside the United (1) A list of each military system covered by ‘‘(6) Fuzes used for ordnance. States, an identification of the locations where the process established under subsection (a). ‘‘(7) Microwave power tubes or traveling wave the work (including research, development, and (2) A list of items and components determined tubes. manufacturing) will be performed. to be essential. ‘‘(8) PAN carbon fiber. (2) With respect to the offerors submitting bids (3) A list of items and components determined ‘‘(9) Aircraft tires. or proposals (other than the offeror awarded the to be critical. ‘‘(10) Ground vehicle tires. contract): (4) A list of the items and components con- ‘‘(11) Tank track assemblies. (A) An identification of the critical item or tained in the lists provided under paragraphs ‘‘(12) Tank track components. items included in the covered military system (2) and (3) that are manufactured or produced ‘‘(13) Packaging in direct contact with meals and whether the item is of a domestic or foreign outside the United States. within meals ready-to-eat listed in Federal Sup- source. SEC. 813. PROCUREMENT OF CERTAIN CRITICAL ply Class 8970.’’. (B) An identification of the domestic and for- ITEMS FROM AMERICAN SOURCES. (b) AMENDMENT OF NATIONAL TECHNOLOGY eign offerors and the locations where the work (a) REQUIREMENT FOR PROCUREMENT OF CER- AND INDUSTRIAL BASE.—Paragraph (1) of sec- (including research, development, and manufac- TAIN CRITICAL ITEMS PRODUCED IN UNITED tion 2500 of title 10, United States Code, is turing) was proposed to be performed under the STATES.—With respect to items that meet the cri- amended— contract. teria set forth in subsection (b), the Secretary of (1) by striking all that follows after ‘‘States’’ (C) A statement of whether there were no Defense may procure such items only if the to the end of the paragraph and inserting a pe- offerors or whether there was only one offeror. items are entirely produced in the United States. riod; and (d) CONFIDENTIALITY.—The Secretary of De- (b) CRITERIA.—For purposes of subsection (a), (2) by striking ‘‘production, or maintenance’’ fense shall make every effort to ensure that the an item meets the criteria of this subsection if— and inserting ‘‘production, and maintenance’’. information collected under this section from (1) it is a critical item; and (c) AMENDMENT OF WAIVER AUTHORITY.—Sec- private sector entities remains confidential. (2) there are limited sources of production ca- tion 2534(d) of title 10, United States Code, is (e) ASSESSMENT.—The Secretary of Defense pability of the item in the United States. amended— shall prepare an assessment of the data com- (c) EXCEPTION.—Subsection (a) does not apply (1) in the text before paragraph (1), by insert- piled under this section during every two-year to a procurement of an item when the Secretary ing ‘‘in writing’’ after ‘‘determines’’; period and shall submit the results of the assess- of Defense determines in writing that the De- (2) by striking paragraphs (1), (2), (3), (6), (7), ment to the Committees on Armed Services of the partment of Defense’s need for the item is of and (8);

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.039 H21PT1 H4446 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (3) by redesignating paragraphs (4) and (5) as (h) of this section shall not apply to the pro- SEC. 825. REPEAL OF AUTHORITY FOR FOREIGN paragraphs (2) and (3), respectively, and in curement of a commercial item containing spe- PROCUREMENT OF PARA-ARAMID FI- such paragraph (3), as so redesignated, by add- cialty metals. BERS AND YARNS. ing at the end the following: ‘‘This exception ‘‘(4) NOTICE TO CONGRESS.—The Secretary of Section 807 of the Strom Thurmond National shall not apply to items determined to be critical Defense shall not enter into a contract to pro- Defense Authorization Act for Fiscal Year 1999 by the Secretary of Defense under section 812 of cure a commercial item containing specialty (Public Law 105–261; 112 Stat. 2084) is repealed. the National Defense Authorization Act for Fis- metal pursuant to the exception in subsection SEC. 826. REQUIREMENT FOR MAJOR DEFENSE cal Year 2004.’’; and (a) until Congress is notified that the Secretary ACQUISITION PROGRAMS TO USE (4) by inserting before paragraph (2), as so re- has applied the exception and a period of 15 MACHINE TOOLS ENTIRELY PRO- DUCED WITHIN THE UNITED STATES. designated, the following new paragraph (1): days has expired after such notification is made. (a) IN GENERAL.—(1) Chapter 144 of title 10, ‘‘(1) The Department of Defense’s need for the ‘‘(5) NOTICE TO INDUSTRY.—The Secretary of United States Code, is amended by inserting item is of such an unusual and compelling ur- Defense shall publish a notice in the Federal after section 2435 the end the following new sec- gency that the United States would be seriously Register on the method that the Department of tion: injured unless the Department is permitted to Defense will use to measure an equivalent procure the item from sources outside the United amount of specialty metal for purposes of this ‘‘§ 2436. Major defense acquisition programs: States.’’. subsection. Such a method shall consider factors requirement for certain items to be entirely SEC. 822. REQUIREMENTS RELATING TO BUYING such as volume, type, and grade of specialty produced in United States COMMERCIAL ITEMS CONTAINING metal that otherwise would be produced from ‘‘The Secretary of Defense shall require that, SPECIALTY METALS FROM AMER- United States sources.’’. for any procurement of a major defense acquisi- ICAN SOURCES. (c) REMOVAL OF SPECIALTY METAL FROM SUB- tion program— (a) SPECIALTY METALS AND OTHER INDUSTRIAL SECTION (e) EXCEPTION.—Subsection (e) of such ‘‘(1) the contractor for the procurement shall BASE PROTECTION MEASURES.—(1) Subsection section is amended— use only machine tools entirely produced within (b) of section 2533a of title 10, United States the United States to carry out the contract; and Code, is amended— (1) in the heading, by striking ‘‘SPECIALTY (A) in paragraph (1)(B), by inserting before METALS AND’’; and ‘‘(2) any subcontractor under the contract the semicolon the following: ‘‘and the materials (2) by striking ‘‘specialty metals or’’. shall comply with paragraph (1) in the case of and components thereof’’; and (d) CONFORMING AMENDMENT.—Subsection (a) any contract in an amount that is $5,000,000 or (B) in paragraph (2), by inserting before the of section 2533a of such title is amended by greater. period the following: ‘‘ and any specialty metal striking ‘‘through (h)’’ and inserting ‘‘through (2) The table of sections at the beginning of that may be part of another item’’. (i)’’. such chapter is amended by adding at the end (2) Subsection (c) is amended— (e) EFFECTIVE DATE.—Section 2533a(i) of title the following new item: (A) by striking ‘‘or the Secretary of the mili- 10, United States Code, as added by subsection ‘‘2436. Major defense acquisition programs: re- tary department concerned’’; and (a), shall apply to each contract for the procure- quirement for certain items to be (B) by adding at the end the following: ‘‘For ment of a commercial item containing specialty entirely produced in United each such determination, the Secretary of De- metal entered into before, on, or after the date States.’’. fense shall notify Congress in writing of the fac- of the enactment of this Act. (b) EFFECTIVE DATE.—Section 2436 of title 10, tors supporting the determination.’’. SEC. 823. ELIMINATION OF UNRELIABLE United States Code, as added by subsection (a), (3) Section 2533a of such title is amended by SOURCES OF DEFENSE ITEMS AND shall apply with respect to contracts entered adding at the end the following new subsection: COMPONENTS. into after the date occurring four years after the ‘‘(l) AUTHORITY NOT DELEGABLE.—The Sec- (a) IDENTIFICATION OF CERTAIN COUNTRIES.— date of the enactment of this Act. retary may not delegate any authority under The Secretary of Defense shall identify foreign this section to anyone other than the Under countries that, by law, policy, or regulation, re- Part III—General Provisions Secretary of Defense for Acquisition, Tech- stricted the provision or sale of military goods or SEC. 831. DEFINITIONS. nology, and Logistics.’’. services to the United States because of United In this subtitle: (b) EXCEPTION TO BERRY AMENDMENT FOR States policy toward, or military operations in, (1) COVERED MILITARY SYSTEM.—The term COMMERCIAL ITEMS CONTAINING SPECIALTY Iraq since September 12, 2002. ‘‘covered military system’’ means a military sys- ETALS M .—Section 2533a of title 10, United States (b) PROHIBITION ON PROCUREMENT OF CERTAIN tem that includes one or more critical items. Code, is amended— ITEMS FROM IDENTIFIED COUNTRIES.—The Sec- (2) MILITARY SYSTEM.—The term ‘‘military (1) by redesignating subsections (i) and (j) as retary of Defense may not procure any items or system’’ means a military system necessary to subsections (j) and (k), respectively; and components contained in military systems if the support national security requirements, as de- (2) by inserting after subsection (h) the fol- items or components, or the systems, are manu- termined by the Secretary of Defense, and which lowing new subsection: factured in any foreign country identified under costs more than $25,000. At a minimum, the term ‘‘(i) EXCEPTION FOR COMMERCIAL ITEMS CON- subsection (a). includes the following: TAINING SPECIALTY METALS.— (A) Weapons listed in Federal Supply Group ‘‘(1) IN GENERAL.—Subsection (a) does not (c) WAIVER AUTHORITY.—The Secretary of De- 10. apply to the procurement of a commercial item fense may waive the limitation in subsection (b) (B) Nuclear ordnance listed in Federal Supply containing specialty metals if— if the Secretary determines in writing and noti- ‘‘(A) the contractor agrees to comply with the fies Congress that the Department of Defense’s Group 11. requirement set forth in paragraph (2); or need for the item is of such an unusual and (C) Fire control equipment listed in Federal ‘‘(B) the Secretary of Defense determines in compelling urgency that the United States Supply Group 12. writing that the Department of Defense’s need would be seriously injured unless the Depart- (D) Ammunition and explosives listed in Fed- for the commercial item containing specialty ment is permitted to procure the item from the eral Supply Group 13. metal is of such an unusual and compelling ur- sources identified in subsection (a). (E) Guided missiles listed in Federal Supply gency that the United States would be seriously (d) EFFECTIVE DATE.—(1) Subject to para- Group 14. injured unless the Department is permitted to graph (2), subsection (b) applies to contracts in (F) Aircraft and related components, acces- procure the item containing specialty metal from existence on the date of the enactment of this sories, and equipment listed in Federal Supply outside the United States. Act or entered into after such date. Groups 15, 16, and 17. ‘‘(2) REQUIREMENT TO PURCHASE EQUIVALENT (2) With respect to contracts in existence on (G) Space vehicles listed in Federal Supply AMOUNT OF DOMESTIC METAL.—For purposes of the date of the enactment of this Act, the Sec- Group 18. paragraph (1)(A), the requirement set forth in retary of Defense shall take such action as is (H) Ships, small craft, pontoons, and floating this paragraph is that the contractor for each necessary to ensure that such contracts are in docks listed in Federal Supply Group 19. contract entered into by the Secretary for the compliance with subsection (b) not later than 24 (I) Ship and marine equipment listed in Fed- procurement of a commercial item containing months after such date. eral Supply Group 20. specialty metal agrees to purchase, over the 18- SEC. 824. CONGRESSIONAL NOTIFICATION RE- (J) Tracked combat vehicles listed in Federal month period beginning on the date of award of QUIRED BEFORE EXERCISING EX- Supply Class 2350. the contract, an amount of specialty metal that CEPTION TO REQUIREMENT TO BUY (K) Engines, turbines, and components listed is— SPECIALTY METALS FROM AMER- in Federal Supply Group 28. ‘‘(A) produced, including such functions as ICAN SOURCES. (3) CRITICAL ITEM.—The term ‘‘critical item’’ melting and smelting, in the United States; and Section 2533a(c) of title 10, United States means an item or component determined to be ‘‘(B) equivalent to— Code, is amended by adding at the end the fol- critical by the Secretary of Defense under sec- ‘‘(i) the amount of specialty metal (measured lowing new sentence: ‘‘The Secretary of Defense tion 812. by factors including volume, type, and grade) or the Secretary of the military department con- (4) ITEM.—The term ‘‘item’’ means an end purchased to carry out the work under the con- cerned may not procure specialty metals pursu- item. tract (including the work under each sub- ant to the exception authorized by this sub- (5) COMPONENT.—The term ‘‘component’’ contract at any tier under the contract); plus section until the Secretary submits to Congress means an article, material, or supply incor- ‘‘(ii) 10 percent of the amount referred to in and publishes in the Federal Register notice of porated into an end item. The term includes clause (i). the determination made under this subsection software and subassemblies. ‘‘(3) RELATIONSHIP TO OTHER EXCEPTIONS.— and a period of 15 days expires after the date (6) FOREIGN CONTRACTOR.—The term ‘‘foreign The exceptions under subsections (c), (d), and such notification is submitted.’’. contractor’’ means a contractor or subcontractor

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.039 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4447 organized or existing under the laws of a coun- section (b)(3) and inserting ‘‘National law, regulation, map, document, record, or other try other than the United States. Geospatial-Intelligence Agency’’. paper of the United States shall be considered to (7) UNITED STATES CONTRACTOR.—The term (B)(i) The heading of such section is amended be a reference to the National Geospatial-Intel- ‘‘United States contractor’’ means a contractor to read as follows: ligence Agency. or subcontractor organized or existing under the ‘‘§ 424. Disclosure of organizational and per- SEC. 903. PILOT PROGRAM FOR PROVISION OF laws of the United States. sonnel information: exemption for specified SPACE SURVEILLANCE NETWORK (8) UNITED STATES PRODUCTION CAPABILI- intelligence agencies’’. SERVICES TO NON-UNITED STATES TIES.—The term ‘‘United States production ca- GOVERNMENTAL ENTITIES. pabilities’’ means, with respect to an item or (ii) The item relating to that section in the (a) IN GENERAL.—Chapter 135 of title 10, component, facilities located in the United table of sections at the beginning of subchapter United States Code, is amended by adding at the States to design, develop, or manufacture the I of chapter 21 is amended to read as follows: end the following new section: item or component. ‘‘424. Disclosure of organizational and per- ‘‘§ 2272. Space surveillance network: pilot pro- TITLE IX—DEPARTMENT OF sonnel information: exemption for gram for provision of satellite tracking sup- DEFENSE ORGANIZATION AND MANAGE- specified intelligence agencies.’’. port to entities outside Unites States Gov- MENT (6) Section 425(a) is amended by adding at the ernment end the following new paragraph: SEC. 901. CHANGE IN TITLE OF SECRETARY OF ‘‘(a) PILOT PROGRAM.—The Secretary of De- ‘‘(5) The words ‘National Geospatial-Intel- THE NAVY TO SECRETARY OF THE fense may carry out a pilot program to deter- ligence Agency’, the initials ’NGA,’ or the seal NAVY AND MARINE CORPS. mine the feasibility and desirability of providing of the National Geospatial-Intelligence Agen- (a) CHANGE IN TITLE.—The position of the to non-United States Governmental entities cy.’’. Secretary of the Navy is hereby redesignated as space surveillance data support described in (7) Section 1614(2)(C) is amended by striking the Secretary of the Navy and Marine Corps. subsection (b). ‘‘National Imagery and Mapping Agency’’ and (b) REFERENCES.—Any reference to the Sec- ‘‘(b) SPACE SURVEILLANCE DATA SUPPORT.— inserting ‘‘National Geospatial-Intelligence retary of the Navy in any law, regulation, docu- Under such a pilot program, the Secretary may Agency’’. ment, record, or other paper of the United States provide to a non-United States Governmental (8) The tables of chapters at the beginning of shall be considered to be a reference to the Sec- entity, subject to an agreement described in sub- subtitle A, and at the beginning of part I of sub- retary of the Navy and Marine Corps. section (c), the following: title A, are each amended by striking ‘‘Imagery SEC. 902. REDESIGNATION OF NATIONAL IM- ‘‘(1) Satellite tracking services from assets and Mapping’’ in the item relating to chapter 22 AGERY AND MAPPING AGENCY AS owned or controlled by the Department of De- and inserting ‘‘Geospatial-Intelligence’’. NATIONAL GEOSPATIAL-INTEL- fense, but only if the Secretary determines, in LIGENCE AGENCY. (e) CONFORMING AMENDMENTS TO NATIONAL the case of any such agreement, that providing (a) REDESIGNATION.—The National Imagery SECURITY ACT OF 1947.—The National Security such services to that entity is in the national se- and Mapping Agency of the Department of De- Act of 1947 is amended as follows: curity interests of the United States. fense is hereby redesignated as the National (1) Section 3 (50 U.S.C. 401a) is amended by ‘‘(2) Space surveillance data and the analysis Geospatial-Intelligence Agency. striking ‘‘National Imagery and Mapping Agen- of space surveillance data, but only if the Sec- (b) DEFINITION OF GEOSPATIAL INTEL- cy’’ in paragraph (4)(E) and inserting ‘‘National retary determines, in the case of any such agree- LIGENCE.—Section 467 of title 10, United States Geospatial- Intelligence Agency’’. Code, is amended by adding at the end the fol- (2) Section 105 (50 U.S.C. 403–5) is amended by ment, that providing such data and analysis to lowing new paragraph: striking ‘‘National Imagery and Mapping Agen- that entity is in the national security interests ‘‘(5) The term ’geospatial intelligence’ means cy’’ in subsections (b)(2) and (d) and inserting of the United States. the exploitation and analysis of imagery and ‘‘National Geospatial-Intelligence Agency’’. ‘‘(c) REQUIRED AGREEMENT.—The Secretary geospatial information to describe, assess, and (3) Section 105A (50 U.S.C. 403–5a) is amended may not provide space surveillance data support visually depict physical features and geographi- by striking ‘‘National Imagery and Mapping to a non-United States Governmental entity cally referenced activities on the earth. Agency’’ in subsection (b)(1)(C) and inserting under the pilot program unless that entity en- Geospatial intelligence consists of imagery, im- ‘‘National Geospatial-Intelligence Agency’’. ters into an agreement with the Secretary under agery intelligence, and geospatial informa- (4) Section 105C (50 U.S.C. 403-5c) is amend- which the entity— tion.’’. ed— ‘‘(1) agrees to pay an amount that may be (c) AGENCY MISSIONS.—(1) Section 442(a) of (A) by striking ‘‘National Imagery and Map- charged by the Secretary under subsection (f); title 10, United States Code, is amended— ping Agency’’ each place it appears and insert- and (A) in paragraph (1), by inserting ‘‘geospatial ing ‘‘National Geospatial-Intelligence Agency’’; ‘‘(2) agrees not to transfer any data or tech- intelligence consisting of’’ after ‘‘provide’’; and (B) by striking ‘‘NIMA’’ each place it appears nical information received under the agreement, (B) in paragraph (2), by striking ‘‘Imagery, and inserting ‘‘NGA’’; and including the analysis of tracking data, to any intelligency, and information’’ and inserting (C) by striking ‘‘NATIONAL IMAGERY AND MAP- other entity without the Secretary’s express ap- ‘‘Geospatial intelligence’’. PING AGENCY’’ in the section heading and insert- proval. (2) Section 110(a) of the National Security Act ing ‘‘NATIONAL GEOSPATIAL-INTELLIGENCE AGEN- ‘‘(d) REQUIREMENTS WITH RESPECT TO FOR- of 1947 (50 U.S.C. 404e(a)) is amended by strik- CY’’. EIGN TRANSACTIONS.—(1) The Secretary may ing ‘‘imagery’’ and inserting ‘‘geospatial intel- (5) Section 106 (50 U.S.C. 403–6) is amended by enter into an agreement under subsection (c) to ligence’’. striking ‘‘National Imagery and Mapping Agen- provide space surveillance data support to a for- (d) CONFORMING AMENDMENTS TO TITLE 10, cy’’ in subsection (a)(2)(C) and inserting ‘‘Na- eign government or other foreign entity only UNITED STATES CODE.—Title 10, United States tional Geospatial-Intelligence Agency’’. with the concurrence of the Secretary of State. Code, is amended as follows: (6) Section 110 (50 U.S.C. 404e) is amended— ‘‘(2) In the case of such an agreement that is (1) The heading of chapter 22 is amended to (A) by striking ‘‘National Imagery and Map- entered into with a foreign government or other read as follows: ping Agency’’ in subsections (a), (b), and (c) foreign entity, the Secretary of Defense may ‘‘CHAPTER 22—NATIONAL GEOSPATIAL- and inserting ‘‘National Geospatial-Intelligence provide approval under subsection (c)(2) for a INTELLIGENCE AGENCY’’. Agency’’; and transfer of data or technical information only (2) Chapter 22 is amended— (B) by striking ‘‘NATIONAL IMAGERY AND MAP- with the concurrence of the Secretary of State. (A) by striking ‘‘National Imagery and Map- PING AGENCY’’ in the section heading and insert- ‘‘(e) PROHIBITION CONCERNING PROVISION OF ping Agency’’ each place it appears and insert- ing ‘‘NATIONAL GEOSPATIAL-INTELLIGENCE AGEN- INTELLIGENCE ASSETS OR DATA.—Nothing in this ing ‘‘National Geospatial-Intelligence Agency’’; CY’’. section shall be considered to authorize the pro- and (7) The table of contents in the first section is vision of services or information concerning, or (B) in section 453(b), by striking ‘‘NIMA’’ in amended— derived from, United States intelligence assets or paragraphs (1) and (2) and inserting ‘‘NGA’’. (A) by striking the item relating to section data. (3) Section 193 is amended— 105C and inserting the following: ‘‘(f) CHARGES.—As a condition of an agree- (A) by striking ‘‘National Imagery and Map- ‘‘Sec. 105C. Protection of operational files of Na- ment under subsection (c), the Secretary of De- ping Agency’’ in subsections (d)(1), (d)(2), (e), tional Geospatial-Intelligence fense may require the non-United States Gov- and (f)(4) and inserting ‘‘National Geospatial- Agency.’’; ernmental entity entering into the agreement to pay to the Department of Defense— Intelligence Agency’’; and (B) in the heading for subsection (d), by strik- ‘‘(1) such amounts as the Secretary determines (B) by striking the item relating to section 110 to be necessary to reimburse the Department of ing ‘‘NATIONAL IMAGERY AND MAPPING AGENCY’’ and inserting the following: and inserting ‘‘NATIONAL GEOSPATIAL-INTEL- Defense for the costs to the Department of pro- LIGENCE AGENCY’’; and ‘‘Sec. 110. National mission of National viding space surveillance data support under (C) in the heading for subsection (e), by strik- Geospatial-Intelligence Agency.’’. the agreement; and ing ‘‘NIMA’’ and inserting ‘‘NGA’’. (f) CROSS REFERENCE CORRECTION.—Section ‘‘(2) any other amount or fee that the Sec- (4) Section 201 is amended by striking ‘‘Na- 442(d) of title 10, United States Code, is by strik- retary may prescribe tional Imagery and Mapping Agency’’ in sub- ing ‘‘section 120(a) of the National Security Act ‘‘(g) CREDITING OF FUNDS RECEIVED.—Funds sections (b)(2)(C) and (c)(2)(C) and inserting of 1947’’ and inserting ‘‘section 110(a) of the Na- received pursuant to an agreement under this ‘‘National Geospatial-Intelligence Agency’’. tional Security Act of 1947 (50 U.S.C. 404e(a))’’. section shall be credited to accounts of the De- (5)(A) Section 424 is amended by striking ‘‘Na- (g) REFERENCES.—Any reference to the Na- partment of Defense that are current when the tional Imagery and Mapping Agency’’ in sub- tional Imagery and Mapping Agency in any proceeds are received and that are available for

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.039 H21PT1 H4448 CONGRESSIONAL RECORD — HOUSE May 21, 2003 the same purposes as the accounts originally support United States forces in combat oper- SEC. 907. REPEAL OF ROTATING CHAIRMANSHIP charged to perform the services. Funds so cred- ations and other operations for extended periods OF ECONOMIC ADJUSTMENT COM- ited shall merge with and become available for of time. MITTEE. obligation for the same period as the accounts to ‘‘(I) Assessment of the resources, basing re- Section 4004(b) of the Defense Economic Ad- which they are credited. quirements, and support structure needed to justment, Diversification, Conversion, and Sta- ‘‘(h) PROCEDURES.—The Secretary shall estab- provide the capabilities necessary to be assured bilization Act of 1990 (division D of Public Law lish procedures for the conduct of the pilot pro- United States forces can successfully achieve 101–510; 10 U.S.C. 2391 note) is amended— gram. As part of those procedures, the Secretary national military objectives and to assess what (1) by striking ‘‘Until October 1, 1997, the’’ may allow space surveillance data and analyt- resources and support might be required to sus- and inserting ‘‘The’’; and (2) by striking the second sentence. ical support to be provided through a contractor tain allies or friendly nation forces during com- of the Department of Defense. bat operations. SEC. 908. PILOT PROGRAM FOR IMPROVED CIVIL- IAN PERSONNEL MANAGEMENT. ‘‘(i) DURATION OF PILOT PROGRAM.—The pilot ‘‘(3)(A) As part of the assessment under this (a) PILOT PROGRAM.—(1) The Secretary of De- program under this section shall be conducted subsection, the Chairman, in conjunction with fense may carry out a pilot program using an during the three-year period beginning on a the other members of the Joint Chiefs of Staff automated workforce management system to date specified by the Secretary of Defense, and the commanders of the unified and specified demonstrate improved efficiency in the perform- which date shall be not later than 180 days after commands, shall undertake an assessment of the ance of civilian personnel management. the date of the enactment of this section.’’. nature and magnitude of the strategic and mili- (2) Under the pilot program, the Secretary of (b) CLERICAL AMENDMENT.—The table of sec- tary risks associated with successfully executing Defense shall provide the Secretary of each mili- tions at the beginning of such chapter is amend- the missions called for under the current Na- tary department with the authority for the fol- ed by adding at the end the following new item: tional Military Strategy. lowing: ‘‘2272. Space surveillance network: pilot pro- ‘‘(B) In preparing the assessment of risk, the (A) To use an automated workforce manage- gram for provision of satellite Chairman should assume the existence of those ment system for its civilian workforce to assess tracking services and data to enti- threats described in subparagraphs (C) and (D) its potential to substantially reduce hiring cycle ties outside Unites States Govern- of paragraph (2) and should assess the risk as- times, lower labor costs, increase efficiency, im- ment.’’. sociated with two regional threats occurring prove performance management, provide better SEC. 904. CLARIFICATION OF RESPONSIBILITY OF nearly simultaneously. management reporting, and enable it to make MILITARY DEPARTMENTS TO SUP- ‘‘(C) In addition to the assumptions to be operational new personnel management flexibili- PORT COMBATANT COMMANDS. made under subparagraph (B), the Chairman ties granted under the civilian personnel trans- Sections 3013(c)(4), 5013(c)(4), and 8013(c)(4) of should make other assumptions pertaining to formation program. title 10, United States Code, are each amended the readiness of United States forces (in both (B) Identify one regional civilian personnel by striking ‘‘(to the maximum extent prac- the active and reserve components), the length center (or equivalent) in each military depart- ticable)’’. of conflict and the level of intensity of combat ment for participation in the pilot program. SEC. 905. BIENNIAL REVIEW OF NATIONAL MILI- operations, and the levels of support from allies (3) The Secretary may carry out the pilot pro- TARY STRATEGY BY CHAIRMAN OF and other friendly nations. gram under this subsection at each selected re- THE JOINT CHIEFS OF STAFF. ‘‘(4) Before submitting a report under this gional civilian personnel center for a period of (a) BIENNIAL REVIEW.—Section 153 of title 10, subsection to the Committees on Armed Services two years beginning not later than March 1, United States Code, by adding at the end the of the Senate and House of Representatives, the 2004. following new subsection: Chairman shall provide the report to the Sec- (b) PILOT PROGRAM CHARACTERISTICS.—The ‘‘(d) BIENNIAL REVIEW OF NATIONAL MILITARY retary of Defense. The Secretary’s assessment pilot program civilian personnel management STRATEGY.—(1) Not later then February 15 of and comments thereon (if any) shall be included system shall have at a minimum the following each even-numbered year, the Chairman shall with the report. If the Chairman’s assessment in characteristics: submit to the Committee on Armed Services of such report in any year is that the risk associ- (1) Currently in use by Federal government the Senate and the Committee on Armed Serv- ated with executing the missions called for agencies outside the Department of Defense. ices of the House of Representatives a report under the National Military Strategy is signifi- (2) Able to be purchased on an annual sub- containing the results of a comprehensive exam- cant, the Secretary shall include with the report scription basis. ination of the national military strategy. Each as submitted to those committees the Secretary’s (3) Requires no capital investment, software such examination shall be conducted by the plan for mitigating the risk.’’. license fees, transaction charges, or ‘‘per seat’’ Chairman in conjunction with the other mem- (b) CONFORMING AMENDMENT.—Subsection or ‘‘concurrent user’’ restrictions. bers of the Joint Chiefs of Staff and the com- (b)(1) of such section is amended by striking (4) Capable of automating the workforce man- manders of the unified and specified commands. ‘‘each year’’ and inserting ‘‘of each odd-num- agement functions of job definition, position ‘‘(2) Each report on the examination of the bered year’’. management, recruitment, staffing, and per- national military strategy under paragraph (1) SEC. 906. AUTHORITY FOR ACCEPTANCE BY ASIA- formance management using integrated vendor- shall include the following: PACIFIC CENTER FOR SECURITY supplied and supported data, expert system ‘‘(A) Delineation of a national military strat- STUDIES OF GIFTS AND DONATIONS rules engines, and software functionality across egy consistent with the most recent National Se- FROM NONFOREIGN SOURCES. those functions. curity Strategy prescribed by the President pur- (a) AUTHORITY.—Subsection (a) of section 2611 (5) Has a ‘‘native web’’ technical architecture suant to section 108 of the National Security Act of title 10, United States Code, is amended— and an Oracle database. of 1947 (50 U.S.C. 404a) and the most recent (1) by striking ‘‘FOREIGN’’ in the subsection (6) Fully hosted by the vendor so that the cus- Quadrennial Defense Review prescribed by the caption; tomer requires only Internet access and an Secretary of Defense pursuant to section 118 of (2) by striking ‘‘foreign’’ in paragraph (1) Internet browser to use the system. this title. after ‘‘Center,’’; and (8) Capable of operating completely ‘‘server ‘‘(B) A description of the strategic environ- (3) by adding at the end of paragraph (1) the side’’ so that no software is required on the cli- ment and the opportunities and challenges that following sentence: ‘‘Such gifts and donations ent system and no invasive elements are used. affect United States national interests and may be accepted from any agency of the United (c) IMPLEMENTATION PLAN.—(1) The Secretary United States national security. States, any State or local government, any for- shall submit to the Committee on Armed Services ‘‘(C) A description of the regional threats to eign government, any foundation or other chari- of the Senate and the Committee on Armed Serv- United States national interests and United table organization (including any that is orga- ices of the House of Representatives a plan for States national security. nized or operates under the laws of a foreign the implementation of the pilot program. The ‘‘(D) A description of the international threats country), or any other private source in the plan shall be submitted no later than six months posed by terrorism, weapons of mass destruc- United States or a foreign country.’’. after the date of the enactment of this Act. tion, and asymmetric challenges to United (2) The plan shall include the following: (b) CONFORMING AMENDMENTS.—Such section States national security. (A) The Secretary’s request to the Office of is further amended ‘‘(E) Identification of United States national Personnel Management to conduct the pilot pro- (1) by striking ‘‘foreign’’ in subsection (c); and military objectives and the relationship of those gram as a Federal civilian personnel demonstra- objectives to the strategic environment, regional, (2) in subsection (f)— tion project under chapter 47 of title 5, United and international threats. (A) by striking ‘‘FOREIGN’’ in the subsection States Code, or a plan to provide for the pilot ‘‘(F) Identification of the strategy, underlying caption; program through another plan. concepts, and component elements that con- (B) by striking ‘‘foreign’’ after ‘‘section, a’’; (B) The expected cost of the pilot program. tribute to the achievement of United States na- and (C) Identification of the regional civilian per- tional military objectives. (C) by striking ‘‘from a foreign’’ and all that sonnel centers for participation in the pilot pro- ‘‘(G) Assessment of the capabilities and ade- follows through ‘‘country.’’ and inserting a pe- gram and the criteria used to select them. quacy of United States forces (including both riod. (D) Expected timing for providing to Congress active and reserve components) to successfully (c) CLERICAL AMENDMENTS.— The heading of the results of the pilot program and rec- execute the national military strategy. such section, and the item relating to such sec- ommendations of the Secretary. ‘‘(H) Assessment of the capabilities, adequacy, tion in the table of sections at the beginning of (d) IMPLEMENTATION.—The Secretary may not and interoperability of regional allies of the chapter 155 of such title, are each amended by begin to implement the pilot program until a pe- United States and or other friendly nations to striking the third word after the colon. riod of 30 days has elapsed after the date of the

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.039 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4449 submission of the plan for the pilot program ‘‘(1) not less than 305 vessels in active service; Year 2003 (Public Law 107–314) are hereby ad- under subsection (c). ‘‘(2) not less than 12 aircraft carrier battle justed, with respect to any such authorized SEC. 909. EXTENSION OF CERTAIN AUTHORITIES groups or their equivalents, not less than 12 am- amount, by the amount by which appropriations APPLICABLE TO THE PENTAGON phibious ready groups or their equivalents, not pursuant to such authorization are increased RESERVATION TO INCLUDE DES- less than 55 attack submarines, not less than 108 (by a supplemental appropriation) or decreased IGNATED PENTAGON CONTINUITY- active surface combatant vessels, and not less (by a rescission), or both, or are increased by a OF-GOVERNMENT LOCATIONS. than 8 reserve combatant vessels; and transfer of funds, pursuant to the following: Section 2674 of title 10, United States Code, is ‘‘(3) such other active and reserve naval com- (1) Chapter 4 of the Emergency Wartime Sup- amended by adding at the end the following bat, naval aviation, and service forces as may be plemental Appropriations Act, 2003 (Public Law new subsection: required to support forces specified in para- 108–11). ‘‘(g) For purposes of subsections (b), (c), (d), graphs (1) and (2).’’. (2) Any Act enacted after May 23, 2003, mak- and (e), the terms ‘Pentagon Reservation’ and (c) AIR FORCE.—Section 8062 of title 10, ing supplemental appropriations for fiscal year ‘National Capital Region’ shall be treated as in- United States Code, is amended by adding at the 2003 for the atomic energy defense activities of cluding the land and physical facilities at the end the following new subsection: the Department of Energy. Raven Rock Mountain Complex and such other ‘‘(g) Notwithstanding subsection (e), the Air SEC. 1003. AUTHORITY TO TRANSFER PROCURE- areas of land, locations, and physical facilities Force shall be so organized as to include not less MENT FUNDS FOR A MAJOR DE- of the Department of Defense within 100 miles of than— FENSE ACQUISITION PROGRAM FOR the District of Columbia as the Secretary of De- ‘‘(1) 46 active fighter squadrons or their CONTINUED DEVELOPMENT WORK fense determines are necessary to meet the needs equivalents; ON THAT PROGRAM. of the Department of Defense directly relating to ‘‘(2) 38 National Guard and Reserve squad- (a) AUTHORITY.—Section 2214 of title 10, continuity of operations and continuity of gov- rons or their equivalents; United States Code, is amended— (1) by redesignating subsections (b), (c), and ernment.’’. ‘‘(3) 96 combat-coded bomber aircraft in active (d) as subsections (c), (d), and (e), respectively; SEC. 910. DEFENSE ACQUISITION WORKFORCE service; and and REDUCTIONS. ‘‘(4) such other squadrons, reserve groups, (2) by inserting after subsection (a) the fol- (a) REVISED LIMITATION.—Subchapter V of and supporting auxiliary and reserve units as chapter 87 of title 10, United States Code, is lowing new subsection (b): may be required to support forces specified in ‘‘(b) TRANSFER OF PROCUREMENT FUNDS FOR amended by adding at the end the following paragraphs (1) through (3).’’. new section: DEVELOPMENT ACTIVITIES FOR MAJOR DEFENSE TITLE X—GENERAL PROVISIONS ACQUISITION SYSTEMS.—(1) In the case of a ‘‘§ 1765. Defense acquisition workforce: limita- Subtitle A—Financial Matters major defense acquisition program (as defined in tion SEC. 1001. TRANSFER AUTHORITY. section 2430 of this title) for which funds are ‘‘(a) LIMITATION.—Effective October 1, 2008, currently available both for procurement and (a) AUTHORITY TO TRANSFER AUTHORIZA- the number of defense acquisition and support for research, development, test, and evaluation, TIONS.—(1) Upon determination by the Secretary personnel in the Department of Defense may not if the Secretary concerned determines that funds exceed 75 percent of the baseline number. of Defense that such action is necessary in the national interest, the Secretary may transfer are required for further research, development, ‘‘(b) PHASED REDUCTION.—The number of de- test, and evaluation activities for that program fense acquisition and support personnel in the amounts of authorizations made available to the Department of Defense in this division for fiscal in excess of the funds currently available for Department of Defense— that purpose, the Secretary may (subject to ‘‘(1) as of October 1, 2004, may not exceed 95 year 2004 between any such authorizations for that fiscal year (or any subdivisions thereof). paragraph (2)) transfer funds available for that percent of the baseline number; program for procurement to funds available for ‘‘(2) as of October 1, 2005, may not exceed 90 Amounts of authorizations so transferred shall that program for research, development, test, percent of the baseline number; be merged with and be available for the same ‘‘(3) as of October 1, 2006, may not exceed 85 purposes as the authorization to which trans- and evaluation for the purpose of continuing re- percent of the baseline number; and ferred. search, development, test, and evaluation activi- ‘‘(4) as of October 1, 2007, may not exceed 80 (2) The total amount of authorizations that ties for that program. ‘‘(2)(A) The total amount transferred under percent of the baseline number. the Secretary may transfer under the authority the authority of paragraph (1) for any acquisi- ‘‘(c) BASELINE NUMBER.—In this section, the of this section may not exceed $2,500,000,000. tion program may not exceed $20,000,000. term ‘baseline number’ means the number of de- (b) LIMITATIONS.—The authority provided by ‘‘(B) The total amount transferred under the fense acquisition and support personnel in the this section to transfer authorizations— authority of paragraph (1) from amounts made Department of Defense as of October 1, 2003. (1) may only be used to provide authority for available for any fiscal year may not exceed ‘‘(d) DEFENSE ACQUISITION AND SUPPORT PER- items that have a higher priority than the items SONNEL DEFINED.—In this section, the term ‘de- $250,000,000. from which authority is transferred; and ‘‘(3) The authority provided by paragraph (1) fense acquisition and support personnel’ means (2) may not be used to provide authority for is in addition to any other transfer authority military and civilian personnel (other than civil- an item that has been denied authorization by that may be provided by law. ian personnel who are employed at a mainte- Congress. ‘‘(4) Upon a determination that all or part of nance depot) who are assigned to, or employed (c) EFFECT ON AUTHORIZATION AMOUNTS.—A the funds transferred under paragraph (1) are in, acquisition organizations of the Department transfer made from one account to another not necessary for the purpose for which the of Defense (as specified in Department of De- under the authority of this section shall be transfer was made, such amounts may be trans- fense Instruction numbered 5000.58 dated Janu- deemed to increase the amount authorized for ferred back to a Procurement appropriation for ary 14, 1992), and any other organizations the account to which the amount is transferred the purpose of procurement of the acquisition which the Secretary may determine to have a by an amount equal to the amount transferred. program for which funds were transferred.’’. predominantly acquisition mission.’’. (d) NOTICE TO CONGRESS.—The Secretary shall (b) EFFECTIVE DATE.—The amendments made LERICAL AMENDMENT.—The table of sec- (b) C promptly notify Congress of each transfer made by subsection (a) shall not apply with respect to tions at the beginning of such subchapter is under subsection (a). funds appropriated for a fiscal year before fiscal amended by adding at the end the following SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL year 2004. new item: APPROPRIATIONS FOR FISCAL YEAR SEC. 1004. RESTORATION OF AUTHORITY TO ‘‘1765. Defense acquisition workforce: limita- 2003. ENTER INTO 12-MONTH LEASES AT tion.’’. (a) DOD AUTHORIZATIONS.—Amounts author- ANY TIME DURING THE FISCAL YEAR. ized to be appropriated to the Department of De- SEC. 911. REQUIRED FORCE STRUCTURE. Section 2410a(a) of title 10, United States fense for fiscal year 2003 in the Bob Stump Na- (a) ARMY.—Section 3062 of title 10, United Code, is amended by inserting after ‘‘severable tional Defense Authorization Act for Fiscal States Code, is amended by adding at the end services’’ the following: ‘‘and the lease of real or Year 2003 (Public Law 107–314) are hereby ad- the following new subsection: personal property, including the maintenance of ‘‘(e) The Army shall be so organized as to in- justed, with respect to any such authorized such property when contracted for as part of clude not less than— amount, by the amount by which appropriations the lease agreement,’’. ‘‘(1) 10 active and eight National Guard com- pursuant to such authorization are increased SEC. 1005. AUTHORITY FOR RETENTION OF ADDI- bat divisions or their equivalents; (by a supplemental appropriation) or decreased TIONAL AMOUNTS REALIZED FROM ‘‘(2) one active armored cavalry regiment and (by a rescission), or both, or are increased by a ENERGY COST SAVINGS. one light cavalry regiment or their equivalents; transfer of funds, pursuant to the following: (a) INCREASE IN AMOUNT OF ENERGY COST ‘‘(3) 15 National Guard enhanced brigades or (1) Chapters 3 and 8 of title I of the Emer- SAVINGS RETAINED.—Section 2865(b)(1) of title their equivalents; and gency Wartime Supplemental Appropriations 10, United States Code, is amended by striking ‘‘(4) such other active and reserve component Act, 2003 (Public Law 108–11). ‘‘Two-thirds of the portion of the funds appro- land combat, rotary-wing aviation, and other (2) Any Act enacted after May 23, 2003, mak- priated to Department of Defense for a fiscal services as may be required to support forces ing supplemental appropriations for fiscal year year that is’’ and inserting ‘‘Funds appro- specified in paragraphs (1) through (3).’’. 2003 for the military functions of the Depart- priated to the Department of Defense for a fiscal (b) NAVY.—Section 5062 of such title is amend- ment of Defense. year that are’’. ed by adding at the end the following new sub- (b) NNSA AUTHORIZATIONS.—Amounts au- (b) EFFECTIVE DATE.—The amendment made section: thorized to be appropriated to the Department of by subsection (a) shall not apply to funds ap- ‘‘(d) The Navy, within the Department of the Energy for fiscal year 2003 in the Bob Stump propriated for a fiscal year before fiscal year Navy, shall be so organized as to include— National Defense Authorization Act for Fiscal 2004.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.039 H21PT1 H4450 CONGRESSIONAL RECORD — HOUSE May 21, 2003 SEC. 1006. REPEAL OF REQUIREMENT FOR TWO- and environmental remediation of other vessels ships, which may include specialized loading YEAR BUDGET CYCLE FOR THE DE- to be used for experimental purposes.’’. equipment. PARTMENT OF DEFENSE. (2) The amendment made by paragraph (1) (b) CONDITIONS OF GUARANTEE.—A guarantee Section 1405 of the Department of Defense Au- shall not apply with respect to proceeds from under this section is subject to the following thorization Act, 1986 (Public Law 99–145; 31 the stripping of a vessel under any vessel strip- conditions: U.S.C. 1105 note), is repealed. ping contract entered into before the date of the (1) MSP.—The owner of the ships for which SEC. 1007. AUTHORITY TO PROVIDE REIMBURSE- enactment of this Act. guarantees are issued shall apply for an oper- MENT FOR USE OF PERSONAL CEL- (c) CLARIFICATION OF COVERED EXPERIMENTAL ating agreement with the Secretary of Transpor- LULAR TELEPHONES WHEN USED PURPOSES.—Such section is further amended by tation under subtitle B of this title. FOR OFFICIAL GOVERNMENT BUSI- adding at the end the following new subsection: NESS. (2) NDF; CHARTER.—If the Secretary of the ‘‘(c) USE FOR EXPERIMENTAL PURPOSES DE- Navy requests, the owner of the ships shall en- (a) IN GENERAL.—(1) Chapter 134 of title 10, FINED.—In this section, the term ‘use for experi- United States Code, is amended by inserting gage in negotiations on reasonable terms and mental purposes’ includes use of a vessel in a after section 2257 the following new section: conditions for— Navy sink exercise or for target purposes.’’. (A) installation and maintenance of defense ‘‘§ 2258. Personal cellular telephones: reim- SEC. 1013. AUTHORIZATION FOR TRANSFER OF features for national defense purposes on one or bursement when used for Government busi- VESSELS STRICKEN FROM NAVAL both ships under section 2218 of title 10, United ness VESSEL REGISTER FOR USE AS ARTI- States Code; and ‘‘(a) GENERAL AUTHORITY.—The Secretary of FICIAL REEFS. (B) a short-term charter to the United States Defense may reimburse members of the Army, (a) AUTHORITY.—Chapter 633 of title 10, Government of at least one ship for which a Navy, Air Force, and Marine Corp, and civilian United States Code, is amended by inserting guarantee is issued, for a period of at least 60 officers and employees of the Department of De- after section 7306a the following new section: days prior to entry into commercial service, for fense, for cellular telephone use on a privately ‘‘§ 7306b. Vessels stricken from Naval Vessel the purpose of demonstrating the military capa- owned cellular telephone when used on official Register: transfer by gift or otherwise for bilities of the ships. Government business. Such reimbursement shall use as artificial reefs (c) PAYMENT OF COST.—The cost of a guar- be on a flat-rate basis. ‘‘(a) AUTHORITY TO MAKE TRANSFER.—The antee under this section shall be paid for with ‘‘(b) REIMBURSEMENT RATE.—The Secretary of Secretary of the Navy may transfer, by gift or amounts made available in appropriations Acts. Defense may prescribe the reimbursement rate otherwise, any vessel stricken from the Naval (d) PERCENTAGE LIMITATION; TERM.—A guar- for purposes of subsection (a). That reimburse- Vessel Register to any State, Commonwealth, or antee under this section may apply— ment rate may not exceed the equivalent Gov- possession of the United States or any municipal (1) to up to 87.5 percent of the loan principal; ernment costs of providing a cellular telephone corporation or political subdivision thereof for and to employees on official Government business.’’. use as an artificial reef as provided in sub- (2) for a term ending up to 25 years after de- (2) The table of sections at the beginning of section (b). livery of the second ship. subchapter II of such chapter is amended by in- ‘‘(b) VESSEL TO BE USED AS ARTIFICIAL (e) AUTHORITIES, PROCEDURES, REQUIRE- serting after the item relating to section 2257 the REEF.—An agreement for the transfer of a vessel MENTS, AND RESTRICTIONS.—The Secretary of following new item: under subsection (a) shall require that— the Navy, subject to the other provisions of this ‘‘2258. Personal cellular telephones: reimburse- ‘‘(1) the transferee use, site, construct, mon- section— ment when used for Government itor, and manage the vessel only as an artificial (1) in implementing this section, may exercise business.’’. reef in accordance with the requirements of the authorities that are substantially the same as (b) EFFECTIVE DATE.—Section 2258 of title 10, National Fishing Enhancement Act of 1984 (33 the authorities available to the Secretary of United States Code, as added by subsection (a), U.S.C. 2101 et seq.), except that the transferee Transportation under title XI of the Merchant shall take effect on October 1, 2003, and shall also may use the artificial reef to enhance div- Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) apply with respect to the use of cellular phones ing opportunities if that use does not have an with respect to loan guarantees under that title; on or after that date. adverse effect on fishery resources; and (2) shall implement this section under proce- ‘‘(2) the transferee shall obtain, and bear all dures, requirements, and restrictions that are Subtitle B—Naval Vessels and Shipyards of the responsibility for complying with, all ap- substantially the same as those under which SEC. 1011. REPEAL OF REQUIREMENT REGARDING plicable Federal, State, interstate, and local per- loan guarantees are made under that title, in- PRESERVATION OF SURGE CAPA- mits for siting, constructing, monitoring, and cluding the regulations implementing that title; BILITY FOR NAVAL SURFACE COM- BATANTS. managing a vessel as an artificial reef. and ‘‘(c) ADDITIONAL TERMS.—The Secretary may (3) may establish such additional requirements (a) REPEAL.—Section 7296 of title 10, United require such additional terms in connection with for loan guarantees under this section as the States Code, is amended by striking subsection a conveyance authorized by this section as the Secretary determines to be necessary to minimize (b). Secretary considers appropriate. the cost of such guarantees. (b) CLERICAL AMENDMENTS.—Such section is ‘‘(d) COST SHARING ON TRANSFERS.—The Sec- (f) INTERAGENCY AGREEMENT.—The Secretary further amended— retary of the Navy may share with the recipient of Transportation shall enter into an inter- (1) by striking ‘‘(3) Any notification under any of the costs associated with transferring a agency agreement or other appropriate arrange- paragraph (1)(A)’’ and inserting ‘‘(b) CONTENT vessel under this section. ment with the Secretary of the Navy to make OF NOTIFICATION.—Any notification under sub- ‘‘(e) APPLICATION FOR MORE THAN ONE VES- section (a)(1)(A)’’; available to the Department of the Navy such SEL.—A State, Commonwealth, or possession of (2) by redesignating subparagraphs (A), (B), Maritime Administration personnel with exper- the United States, or any municipal corporation and (C) of subsection (b) (as redesignated by tise in vessel construction financing as are nec- or political subdivision thereof, may apply for paragraph (1)) as paragraphs (1), (2), and (3), essary to carry out the program under this sec- more than one vessel under this section. respectively; and tion. ‘‘(f) DEFINITION.—In this section, the term (3) by striking ‘‘subparagraph (B)’’ in sub- (g) DEFINITIONS.—In this section: ‘fishery resources’ has the meaning given such (1) COST.—The term ‘‘cost’’, with respect to a section (b)(3) (as redesignated by paragraphs (1) term in section 3(14) of the Magnuson-Stevens and (2)) and inserting ‘‘paragraph (2)’’. loan guarantee under this section, has the Fishery Conservation and Management Act of meaning given that term in section 502 of the SEC. 1012. ENHANCEMENT OF AUTHORITY RELAT- 1976 (16 U.S.C. 1802(14)).’’. Congressional Budget and Impoundment Con- ING TO USE FOR EXPERIMENTAL (b) CLERICAL AMENDMENT.—The table of sec- PURPOSES OF VESSELS STRICKEN trol Act of 1974 (2 U.S.C. 661a). FROM NAVAL VESSEL REGISTER. tions at the beginning of such chapter is amend- (2) QUALIFIED SEALIFT SHIP.—The term ed by inserting after the item relating to section (a) SALE OF MATERIAL AND EQUIPMENT ‘‘qualified sealift ship’’ means a roll-on, roll-off 7306a the following new item: STRIPPED FROM VESSEL.—Subsection (b)(1) of vessel that is— section 7306a of title 10, United States Code, is ‘‘7306b. Vessels stricken from Naval Vessel Reg- (A) militarily useful for additional medium- to amended by adding at the end the following ister: transfer by gift or otherwise long-haul strategic sealift capacity; new sentence: ‘‘Material and equipment stripped for use as artificial reefs.’’. (B) designed to carry at least 10,000 tons of cargo; and from the vessel may be sold by a contractor or SEC. 1014. PILOT PROGRAM FOR SEALIFT SHIP a designated sales agent on behalf of the CONSTRUCTION. (C) capable of operating commercially in the Navy.’’. (a) ESTABLISHMENT OF PILOT PROGRAM.—The foreign commerce of the United States. (b) USE OF PROCEEDS.—(1) Subsection (b)(2) of Secretary of the Navy may establish a pilot pro- (h) AUTHORIZATION OF APPROPRIATIONS.— such section is amended by striking ‘‘scrapping gram, under which the Secretary of the Navy, There are authorized to be appropriated to the services’’ and all that follows through and in- subject to the availability of appropriations, Secretary of the Navy to carry out this section serting ‘‘services needed for such stripping and may guarantee loans for— $40,000,000. for environmental remediation required for the (1) the construction in a United States ship- Subtitle C—Reports use of the vessel for experimental purposes. yard of two qualified sealift ships that are to be SEC. 1021. REPEAL AND MODIFICATION OF VAR- Amounts received in excess of amounts needed documented under the laws of the United States IOUS REPORTING REQUIREMENTS for reimbursement of those costs shall be depos- for use in United States-flag commercial service; APPLICABLE TO THE DEPARTMENT ited into the account from which the stripping and OF DEFENSE. and environmental remediation expenses were (2) the acquisition of facilities or equipment (a) TITLE 10, UNITED STATES CODE.—Title 10, incurred and shall be available for stripping pertaining to the marine operations of those United States Code, is amended as follows:

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.039 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4451 (1) Section 113 is amended by striking sub- (B) by striking subsection (b). (E) by striking ‘‘in such preceding year’’ in section (m). (17) Section 1557 is amended by striking sub- paragraph (4) and inserting ‘‘under this section (2) Section 117(e) is amended by striking section (e). during that fiscal year’’. ‘‘each month’’ and all that follows through (18) Section 1563 is amended— (36) Section 2433 is amended— ‘‘subsection (d)’’ and inserting ‘‘each quarter (A) in subsection (a), by striking ‘‘the other (A) in subsection (d)— submit to the congressional defense committees a determinations necessary to comply with sub- (i) in paragraphs (1) and (2), by striking ‘‘, or report in writing containing the results of the section (b)’’ and inserting ‘‘respond with a de- by at least 25 percent,’’; and most recent joint readiness review under sub- tailed description of the rationale supporting (ii) in paragraph (3)— section (d)(1)(A)’’. the determination’’; and (I) by striking ‘‘or by at least 25 percent,’’ (3) Section 127(d) is amended to read as fol- (B) by striking subsection (b). both places it appears; and lows: (19) Section 2010 is amended by striking sub- (II) by inserting a comma after ‘‘paragraph ‘‘(d) ANNUAL REPORT.—Not later than Decem- section (b). (1)’’; and ber 1 each year, the Secretary of Defense shall (20) Section 2166 is amended— (B) in subsection (e)— submit to the congressional defense committees a (A) in subsection (e)(5), by inserting ‘‘and to (i) by striking paragraph (2); report on expenditures during the preceding fis- Congress’’ after ‘‘to the Secretary of Defense’’; (ii) by redesignating paragraph (3) as para- cal year under subsections (a) and (b).’’. and graph (2); (4) Section 127a is amended— (B) by striking subsection (i). (iii) in paragraph (2), as so redesignated, by (A) in subsection (a)— (21) Section 2208(j)(2) is amended by striking striking ‘‘or if a’’ in the first sentence and all (i) by striking paragraph (3); and ‘‘and notifies Congress regarding the reasons for that follows through ‘‘paragraph (2),’’; and (ii) by redesignating paragraph (4) as para- the waiver’’. (iv) by designating the second sentence of (22) Section 2216(a) is amended— graph (3); and such paragraph as paragraph (3) and in that (A) by striking ‘‘QUARTERLY REPORTS.—(1) (B) by striking subsection (d). paragraph— Not later than 15 days after the end of each cal- (5) Section 128 is amended by striking sub- (I) by inserting ‘‘under paragraph (2)’’ after endar quarter’’ and inserting ‘‘ANNUAL RE- section (d). ‘‘The prohibition’’; and PORT.—Not later than 60 days after the end of (6) Section 129 is amended by striking sub- (II) by striking ‘‘the date—’’ and all that fol- each fiscal year’’; and section (f). lows through ‘‘subsection (d).’’ and inserting (B) by striking ‘‘quarter’’ in subparagraphs (7) Section 184 is amended by striking sub- ‘‘the date on which Congress receives the Se- (A), (B), and (C) of paragraph (1) and inserting section (b). lected Acquisition Report under paragraph (1) ‘‘fiscal year’’. (8) Section 226(a) is amended— with respect to that program.’’. (A) by striking ‘‘December 15’’ and inserting (23) Section 2224(e) is amended by inserting ‘‘through 2007’’ after ‘‘Each year’’. (37) Section 2457 is amended by striking sub- ‘‘January 15’’; and section (d). (B) by striking ‘‘in the following year’’ in (24) Section 2255(b)— (A) by striking paragraph (2); and (38) Section 2493 is amended by striking sub- paragraph (1) and inserting ‘‘in that year’’. section (g). (9)(A) Section 228 is amended— (B) by striking ‘‘(1)’’ after ‘‘(b) EXCEPTION.— ’’. (39) Section 2515 is amended by striking sub- (i) in subsection (a)— section (d). (I) by striking ‘‘MONTHLY’’ in the subsection (25) Section 2281 is amended by striking sub- section (d). (40) Section 2521 is amended by striking sub- heading and inserting ‘‘QUARTERLY’’; section (e). (II) by striking ‘‘monthly’’ and inserting (26)(A) Section 2282 is repealed. (B) The table of sections at the beginning of (41) Section 2536 is amended— ‘‘quarterly’’; and (A) in subsection (b)(2)— (III) by striking ‘‘month’’ and inserting ‘‘fis- chapter 136 is amended by striking the item re- lating to section 2282. (i) by striking ‘‘notify Congress’’ in the first cal-year quarter’’; and sentence and inserting ‘‘maintain a record’’; (ii) in subsection (c), by striking ‘‘month’’ (27) Section 2323 is amended— (A) in subsection (d)— and each place it appears and inserting ‘‘quarter’’. (i) by striking ‘‘Defense—’’ and all that fol- (ii) by striking the second sentence and insert- (B)(i) The heading of such section is amended lows through ‘‘the extent’’ and inserting ‘‘De- ing the following: ‘‘The records maintained to read as follows: fense to the extent’’; under the preceding sentence with respect to a ‘‘§ 228. Quarterly reports on allocation of (ii) by striking ‘‘; and’’ and inserting a period; waiver shall include a justification in suport of funds within operation and maintenance and the decision to grant the waiver and shall be re- budget subactivities’’. (iii) by striking paragraph (2); and trievable for any particular waiver or for waiv- (ii) The item relating to section 228 in the (B) by striking subsection (i). ers during any period of time.’’; and table of sections at the beginning of chapter 9 is (28) Section 2327(c)(1) is amended— (B) by adding at the end the following new amended to read as follows: (A) in subparagraph (A), by striking ‘‘after subsection: the date on which such head of an agency sub- ‘‘228. Quarterly reports on allocation of funds ‘‘(d) The Secretary of Defense shall maintain mits to Congress a report on the contract’’ and within operation and mainte- an account of actions relating to the award of inserting ‘‘if in the best interests of the Govern- nance budget subactivities.’’. contracts to a prime contractor. The Secretary ment’’; (10) Section 401 is amended by striking sub- of Defense shall include in such accounts the (B) in subparagraph (B), by striking ‘‘A re- reasons for exercising the awards and the work section (d). port under subparagraph (A)’’ and inserting (11) Section 437 is amended— expected to be performed.’’. ‘‘The Secretary shall maintain records of each (42) Section 2541d is amended— (A) by striking the second sentence of sub- contract entered into by reason of subparagraph section (b); and (A) by striking subsection (b); and (A). Such records’’; and (B) in subsection (a), by striking ‘‘(a)’’ and all (B) by striking subsection (c). (C) by striking subparagraph (C). (12)(A) Section 484 is repealed. that follows through ‘‘The Secretary of De- (29) Section 2350a is amended— fense’’ and inserting ‘‘The Secretary of De- (B) The table of sections at the beginning of (A) by striking subsection (f); and fense’’. such chapter is amended by striking the item re- (B) in subsection (g), by striking paragraph (43) Section 2561 is amended by striking sub- lating to section 484. (3). (13)(A) Section 520c is amended— (30) Section 2350j is amended by striking sub- sections (c), (d) and (f). (44) Section 2563(c)(2) is amended by striking (i) by striking subsection (b); sections (e) and (g). (ii) by striking ‘‘(a) PROVISION OF MEALS AND (31) Section 2367 is amended by striking sub- ‘‘and notifies Congress regarding the reasons for REFRESHMENTS.’’; and section (d). the waiver’’. (iii) by striking the heading for such section (32) Section 2371 is amended by striking sub- (45) Section 2645 is amended by striking sub- and inserting the following: section (h). sections (d) and (g). ‘‘§ 520c. Recruiting functions: provision of (33) Section 2374a is amended by striking sub- (46) Section 2667a(c)(2) is amended by striking meals and refreshments’’. section (e). ‘‘45 days’’ and inserting ‘‘14 days’’. (47) Section 2676(d) is amended by striking ‘‘21 (B) The item relating to such section in the (34) Section 2410i(c) is amended by striking the last sentence. days’’ and inserting ‘‘14 days’’. table of sections at the beginning of chapter 31 (48) Section 2680 is amended by striking sub- is amended to read as follow: (35) Section 2410m(c) is amended— (A) by striking ‘‘REPORTING REQUIREMENT.— section (e). ‘‘520c. Recruiting functions: provision of meals Each year’’ and inserting ‘‘ANNUAL REPORT.— (49) Section 2696 is amended by striking sub- and refreshments.’’. Not later than 60 days after the end of each fis- sections (c) and (d). (14) Section 983(e)(1) is amended by striking cal year’’; (50) Section 2703(c)(2) is amended— ‘‘and to Congress’’. (B) by inserting ‘‘at the end of such fiscal (A) by striking subparagraph (B); (15) Section 1060 is amended by striking sub- year’’ in paragraph (1) before the period; (B) by striking ‘‘unless the Secretary—’’ and section (d). (C) by striking ‘‘during the year preceding the all that follows through ‘‘determines that’’ and (16) Section 1130 is amended— year in which the report is submitted’’ in para- inserting ‘‘unless the Secretary determines (A) in subsection (a), by striking ‘‘the other graph (2) and inserting ‘‘under this section dur- that’’; and determinations necessary to comply with sub- ing that fiscal year’’; (C) by redesignating clauses (i), (ii), and (iii) section (b)’’ and inserting ‘‘respond with a de- (D) by striking ‘‘in such preceding year’’ in as subparagraphs (A), (B), and (C), respectively, tailed description of the rationale supporting paragraph (3) and inserting ‘‘under this section and realigning such subparagraphs (as so redes- the determination’’; and during that fiscal year’’; and ignated) two ems from the left margin.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.040 H21PT1 H4452 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (51)(A) Section 2723 is repealed. (78) Section 9356(c) is amended is amended by (1) Section 745(e) (10 U.S.C. 1071 note) is (B) The table of sections at the beginning of striking ‘‘the expiration of 30 days following’’. amended— chapter 161 is amended by striking the item re- (79) Section 12302— (A) by striking ‘‘(1)’’ before ‘‘The Secretary of lating to section 2723. (A) in subsection (b), by striking the last sen- Defense’’; and (52) Section 2803(b) is amended by striking tence; and (B) by striking paragraph (2). ‘‘21–day period’’ and inserting ‘‘seven-day pe- (B) by striking subsection (d). (2) Section 1223 (22 U.S.C. 1928 note) is re- riod’’. (80)(A) Section 16137 is repealed. pealed. (53) Section 2804(b) is amended by striking (B) The table of sections at the beginning of (k) NATIONAL DEFENSE AUTHORIZATION ACT ‘‘21–day period’’ and inserting ‘‘14–day period’’. chapter 1606 is amended by striking the item re- FOR FISCAL YEAR 2000.—The National Defense (54) Section 2805(b) is amended— lating to section 16137. Authorization Act for Fiscal Year 2000 (Public (A) in paragraph (1), by striking ‘‘$750,000’’ (b) FOREIGN ASSISTANCE ACT OF 1961.—Section Law 106–65) is amended as follows: and inserting ‘‘$1,000,000’’; and 656 of the Foreign Assistance Act of 1961 (22 (1) Section 212 (10 U.S.C. 2501 note) is amend- (B) in paragraph (2), by striking ‘‘by striking U.S.C. 2416) is repealed. ed by striking subsection (c). ‘‘21–day period’’ and inserting ‘‘seven-day pe- (c) NATIONAL DEFENSE AUTHORIZATION ACT (2) Section 724 (10 U.S.C. 1092 note) is amend- riod’’’. FOR FISCAL YEAR 1991.—Part B of title XXIX of ed by striking subsection (e). (55) Section 2807 is amended— the National Defense Authorization Act for Fis- (4) Section 1039 (10 U.S.C. 113 note) is amend- (A) in subsection (b)— cal Year 1991 (Public Law 101–510; 10 U.S.C. ed by striking subsection (b). (i) by striking ‘‘$500,000’’ and inserting 2687 note) is amended as follows: (l) MILITARY CONSTRUCTION APPROPRIATIONS ‘‘$1,000,000’’; and (1) Section 2921 is amended— ACT, 2001.—Section 125 of the Military Con- (ii) by striking ‘‘not less than 21 days’’; and (A) in subsection (f)(1), by striking ‘‘30 days’’ struction Appropriations Act, 2001 (division A of (B) in subsection (c)(2), by striking ‘‘21 days’’ and inserting ‘‘14 days’’; and Public Law 106–246; 114 Stat. 517), is repealed. and inserting ‘‘14 days’’. (B) in subsection (g), by striking ‘‘30 days’’ in (m) DEPARTMENT OF DEFENSE APPROPRIA- (56) Section 2809(f)(2) is amended by striking paragraphs (1) and (2) and inserting ‘‘14 days’’. TIONS ACT, 2001.—Section 8019 of the Depart- ‘‘21 calendar days’’ and inserting ‘‘14 days’’. (2) Section 2926 is amended by striking sub- ment of Defense Appropriations Act, 2001 (Pub- (57) Section 2812(c)(1)(B) is amended by strik- section (g). lic Law 106–259; 114 Stat. 678; 10 U.S.C. 2687 ing ‘‘21 days’’ and inserting ‘‘14 days’’. (d) NATIONAL DEFENSE AUTHORIZATION ACT note), is amended by striking ‘‘of Congress:’’ (58) Section 2813(c) is amended by striking FOR FISCAL YEARS 1992 AND 1993.—The National and all that follows through ‘‘this provision’’ ‘‘30–day period’’ and inserting ‘‘21–day period’’. Defense Authorization Act for Fiscal Years 1992 and inserting ‘‘of Congress’’. and 1993 (Public Law 102–190) is amended as fol- (59) Section 2825 is amended— (n) FLOYD D. SPENCE NATIONAL DEFENSE AU- lows: (A) by striking ‘‘21 days’’ in the last sentence THORIZATION ACT FOR FISCAL YEAR 2001.—Sec- (1) Section 734 (10 U.S.C. 1074 note) is amend- of subsection (b)(1)(B) and inserting ‘‘14 days’’; tion 1006 of the Floyd D. Spence National De- ed by striking subsection (c). and fense Authorization Act for Fiscal Year 2001 (as (2) Section 2868 (10 U.S.C. 2802 note) is amend- (B) by striking ‘‘21 days’’ in subsection enacted into law by Public Law 106–398; 114 ed by striking ‘‘The Secretary of Defense’’ and (c)(1)(D) and inserting ‘‘14 days’’. Stat. 1654A–247; 10 U.S.C. 2226 note), is amended all that follows through ‘‘is to be authorized’’ (60) Section 2826 is amended— by striking subsection (c). and inserting ‘‘Not later than 30 days after the (A) by striking ‘‘(a) LOCAL COMPARABIL- (o) DEPARTMENT OF DEFENSE APPROPRIATIONS date on which a decision is made selecting the ITY.—’’; and ACT, 2002.—Section 8009 of the Department of site or sites for the permanent basing of a new (B) by striking subsection (b). Defense Appropriations Act, 2002 (division A of weapon system, the Secretary of Defense shall (61) Section 2827(b)(2) is amended by striking Public Law 107–117; 115 Stat. 2249; 10 U.S.C. 401 submit to Congress’’. ‘‘21 days’’ and inserting ‘‘14 days’’. note), is amended by striking ‘‘, and these obli- (e) NATIONAL DEFENSE AUTHORIZATION ACT (62) Section 2836(f)(2) is amended by striking gations shall be reported to the Congress’’. FOR FISCAL YEAR 1993.—The National Defense ‘‘21 calendar days’’ and inserting ‘‘14 days’’. Authorization Act for Fiscal Year 1993 (Public SEC. 1022. REPORT ON OPERATION IRAQI FREE- (63) Section 2837(c)(2) is amended by striking Law 102–484) is amended as follows: DOM. ‘‘21–day period’’ and inserting ‘‘14–day period’’. (1) Section 324 (10 U.S.C. 2701 note) is amend- (a) REPORT REQUIRED.—Not later than June (64) Section 2854(b) is amended by striking ed— 15, 2004, the Secretary of Defense shall submit to ‘‘21–day period’’ and inserting ‘‘seven-day pe- (A) by striking ‘‘(a) SENSE OF CONGRESS.—’’; the Committee on Armed Services of the Senate riod’’. and and the Committee on Armed Services of the (65) Section 2854a(c)(2) is amended by striking (B) by striking subsection (b). House of Representatives a report on Operation ‘‘21 calendar days’’ and inserting ‘‘14 days’’. (2) Section 1082(b)(1) (10 U.S.C. 113 note) is Iraqi Freedom. The Secretary shall submit to (66) Section 2865 is amended— amended by striking ‘‘the Secretary of Defense— those committees a preliminary report on the (A) in subsection (e)— ’’ and all that follows and inserting ‘‘the Sec- conduct of those hostilities not later than Janu- (i) by striking ‘‘(1)’’ before ‘‘The Secretary’’; retary of Defense determines that it is in the na- ary 15, 2004. and tional security interests of the United States for (b) DISCUSSION OF ACCOMPLISHMENTS AND (ii) by striking paragraph (2); and the military departments to do so.’’. SHORTCOMINGS.—The report (and the prelimi- (B) by striking subsection (f). (f) NATIONAL DEFENSE AUTHORIZATION ACT nary report, to the extent feasible) shall contain (67) Section 2866(c) is amended— FOR FISCAL YEAR 1995.—Section 721 of the Na- a discussion, with a particular emphasis on ac- (A) by striking ‘‘(1)’’ before ‘‘The Secretary’’; tional Defense Authorization Act for Fiscal complishments and shortcomings, of the fol- and Year 1995 (Public Law 103–337; 10 U.S.C. 1074 lowing matters: (B) by striking paragraph (2). note) is amended by striking subsection (h). (1) The military objectives of the multi- (68) Section 2867(c) is amended by striking (g) NATIONAL DEFENSE AUTHORIZATION ACT national coalition. ‘‘21–day period’’ and inserting ‘‘14–day period’’. FOR FISCAL YEAR 1997.—The National Defense (2) The military strategy of the multinational (69) Section 2875(e) is amended by striking Authorization Act for Fiscal Year 1997 (Public coalition to achieve those military objectives and ‘‘30–day period’’ and inserting ‘‘14–day period’’. Law 104–201) is amended as follows: how the military strategy contributed to the (70) Section 2883(f) is amended by striking (1) Section 324 (10 U.S.C. 2706 note) is amend- achievement of those objectives. ‘‘30–day period’’ and inserting ‘‘14–day period’’. ed by striking subsection (c). (3) The deployment of United States forces (71) Section 2902(g) is amended— (2) Section 1065(b) (10 U.S.C. 113 note) is and the transportation of supplies to the theater (A) by striking paragraph (2); and amended— of operations, including an assessment of airlift, (B) by striking ‘‘(1)’’ after ‘‘(g)’’. (1) by striking ‘‘(1)’’ before ‘‘Notwith- sealift, afloat prepositioning ships, and Mari- (72) Section 4342(h) is amended by striking standing’’; and time Prepositioning Squadron ships. ‘‘Secretary of the Army’’ and inserting ‘‘Super- (2) by striking paragraph (2). (4) The conduct of military operations. intendent’’. (h) DEPARTMENT OF DEFENSE APPROPRIATIONS (5) The use of special operations forces, in- (73) Section 4357(c) is amended is amended by ACT, 1997.—Section 8009 of the Department of cluding operational and intelligence uses classi- striking ‘‘the expiration of 30 days following’’. Defense Appropriations Act, 1997 (as contained fied under special access procedures. (74) Section 6954(f) is amended by striking in section 101(b) of Public Law 104–208; 110 Stat. (6) The use and performance of United States ‘‘Secretary of the Navy’’ and inserting ‘‘Super- 3009-89), is amended by striking ‘‘, unless the military equipment, weapon systems, and muni- intendent of the Naval Academy’’. congressional defense committees have been no- tions (including items classified under special (75) Section 6975(c) is amended is amended by tified at least thirty days in advance of the pro- access procedures) and an analysis of— striking ‘‘the expiration of 30 days following’’. posed contract award’’. (A) any equipment or capabilities that were in (76) Section 7049(c) is amended— (i) NATIONAL DEFENSE AUTHORIZATION ACT research and development and if available could (A) by striking ‘‘CERTIFICATION’’ in the sub- FOR FISCAL YEAR 1998.— Section 349 of the Na- have been used in the theater of operations; and section heading and inserting ‘‘DETERMINA- tional Defense Authorization Act for Fiscal (B) any equipment or capabilities that were TION’’; and Year 1998 (Public Law 105–85; 10 U.S.C. 2702 available and could have been used but were not (B) by striking ‘‘, and certifies to’’ and all note) is amended by striking subsection (e). introduced into the theater of operations. that follows through ‘‘House of Representa- (j) STROM THURMOND NATIONAL DEFENSE AU- (7) The scope of logistics support, including tives,’’. THORIZATION ACT FOR FISCAL YEAR 1999.—The support from other nations. (77) Section 9342(h) is amended by striking Strom Thurmond National Defense Authoriza- (8) The acquisition policies and processes used ‘‘Secretary of the Air Force’’ and inserting ‘‘Su- tion Act for Fiscal Year 1999 (Public Law 105– to support the forces in the theater of oper- perintendent’’. 261) is amended as follows: ations.

VerDate Jan 31 2003 03:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.040 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4453 (9) The personnel management actions taken mining which units would be employed during fense committees a report on development and to support the forces in the theater of oper- the operation. implementation of systematic mechanisms to ations. (28) The role of the Coast Guard. provide for integrating into activities of the (10) The effectiveness of reserve component (29) The direct and indirect cost of military United States Strategic Command planning and forces, including a discussion of each of the fol- operations, including an assessment of the total requirements for connecting space capabilities of lowing matters: incremental expenditures made by the Depart- that command with the war fighter. ment of Defense as a result of Operation Iraqi (A) The readiness and activation of such Subtitle D—Procurement of Defense Freedom. forces. Biomedical Countermeasures (B) The decisionmaking process regarding (c) CASUALTY STATISTICS.—The report (and both activation of reserve component forces and the preliminary report, to the extent feasible) SEC. 1031. RESEARCH AND DEVELOPMENT OF DE- deployment of those forces to the theater of op- shall also contain— FENSE BIOMEDICAL COUNTER- MEASURES. erations. (1) the number of military and civilian casual- (C) The post-activation training received by ties sustained by coalition nations; and (a) IN GENERAL.—The Secretary of Defense (in such forces. (2) estimates of such casualties sustained by this section referred to as the ‘‘Secretary’’) shall (D) The integration of forces and equipment Iraq and by nations not directly participating in carry out a program to accelerate the research, of reserve component forces into the active com- hostilities during Operation Iraqi Freedom. development and procurement of biomedical ponent forces. (d) CLASSIFICATION OF REPORTS.—The Sec- countermeasures, including but not limited to (E) The use and performance of the reserve retary of Defense shall submit both the report therapeutics and vaccines, for the protection of component forces in operations in the theater of and the preliminary report in a classified form the Armed Forces from attack by one or more bi- operations. and an unclassified form. ological, chemical, radiological, or nuclear (F) The use and performance of such forces at SEC. 1023. REPORT ON DEPARTMENT OF DE- agents. duty stations outside the theater of operations. FENSE POST-CONFLICT ACTIVITIES (b) INTERAGENCY COOPERATION.—(1) In car- (11) The role of the law of armed conflict in IN IRAQ rying out the program under subsection (a), the (a) REPORT REQUIRED.—Not later than 90 the planning and execution of military oper- Secretary may enter into interagency agree- days after the date of the enactment of this Act, ations by United States forces and the other co- ments and other collaborative undertakings the Secretary of Defense shall submit to Con- alition forces and the effects on operations of with other Federal agencies. Under such agree- gress a report on the activities of the Depart- Iraqi compliance or noncompliance with the law ments and undertakings, the participating agen- ment of Defense in post-conflict Iraq. cies are authorized to provide funds and receive of armed conflict, including a discussion regard- (b) REPORT ELEMENTS.—The report shall dis- funds from other participating agencies. ing each of the following matters: cuss the range of infrastructure reconstruction, (2) The Secretary, in consultation with the (A) Use of Iraqi civilians as human shields. civil administration, humanitarian assistance, (B) Collateral damage and civilian casualties. Secretary of Health and Human Services and interim governance, and political development (C) Treatment of prisoners of war. the Secretary of Homeland Security, shall en- activities undertaken in Iraq by officials of the (D) Repatriation of prisoners of war. sure that the activities of the Department of De- Department and by those civilians reporting to (E) Use of ruses and acts of perfidy. fense in carrying out the program are coordi- the Secretary of Defense and the missions un- (F) War crimes. nated with, complement, and do not unneces- dertaken in Iraq by United States military forces (G) Environmental terrorism. sarily duplicate activities of the Department of (H) Conduct of neutral nations. during the post-conflict period. In particular, the report shall include a discussion of the fol- Health and Human Services or the Department (12) The actions taken by the coalition forces of Homeland Security. in anticipation of, and in response to, Iraqi acts lowing: (1) The evolution of the organizational struc- (c) EXPEDITED PROCUREMENT AUTHORITY.— of environmental terrorism. (1)(A) For any procurement by the Secretary, of (13) The actions taken by the coalition forces ture of the civilian groups reporting to the Sec- retary, including the Office of Reconstruction property or services for use (as determined by in anticipation of possible Iraqi use of weapons the Secretary) in performing, administering, or of mass destruction. and Humanitarian Assistance, on issues of Iraqi post-conflict administration and reconstruction supporting biomedical countermeasures research (14) Evidence of Iraqi weapons of mass de- or development, the amount specified in section struction programs and Iraqi preparations for and the factors influencing that evolution. (2) The relationship of the Department of De- 4(11) of the Office of Federal Procurement Pol- the use of such weapons. icy Act (41 U.S.C. 403(11)), as applicable pursu- (15) The contributions of United States and fense with other United States departments and ant to section 302A(a) of the Federal Property coalition intelligence and counterintelligence agencies involved in post-conflict administration and Administrative Services Act of 1949 (41 systems and personnel, including contributions and reconstruction planning and execution in U.S.C. 252a(a)), shall be deemed to be $25,000,000 regarding bomb damage assessments and par- Iraq. (3) The relationship of Department of Defense in the administration, with respect to such pro- ticularly including United States tactical intel- entities, including the Office of Reconstruction curement, of sections 302A(b) (41 U.S.C. 252a(b)) ligence and related activities (TIARA) programs and Humanitarian Assistance, with intergovern- and 303(g)(1)(A) (42 U.S.C. 253(g)(1)(A)) of the and the Joint Military Intelligence Program mental and nongovernmental organizations con- Federal Property and Administrative Services (JMIP). Act of 1949 and the regulations implementing (16) Command, control, communications, and tributing to the reconstruction and governance those sections. operational security of the coalition forces as a efforts. (4) Progress made to the date of the report (B) The Secretary shall institute appropriate whole, and command, control, communications, in— internal controls for use of the authority under and operational security of the United States (A) rebuilding Iraqi infrastructure; subparagraph (A), including requirements for forces. (B) providing for the humanitarian needs of documenting the justification for each use of (17) The rules of engagement for the coalition the Iraqi people; such authority. forces. (C) reconstituting the Iraqi governmental bu- (2)(A) For a procurement described in para- (18) The actions taken to reduce the casualties reaucracy and its provision of services; and among coalition forces caused by the fire of graph (1), the amount specified in subsections (D) developing mechanisms of fully (c), (d), and (f) of section 32 of the Office of such forces. transitioning Iraq to representative self-govern- (19) The role of supporting combatant com- Federal Procurement Policy Act (41 U.S.C. 428) ment. shall be deemed to be $15,000 in the administra- mands and Defense Agencies of the Department (5) Progress made to the date of the report by tion of that section with respect to such pro- of Defense. Department of Defense civilians and military curement. (20) The policies and procedures relating to personnel in accounting for any Iraqi weapons (B) The Secretary shall institute appropriate the media, including the use of embedded media. of mass destruction and associated weapons ca- internal controls for each use of the authority (21) The assignment of roles and missions to pabilities. the United States forces and other coalition (6) Progress made to the date of the report by under subparagraph (A) for a procurement forces and the performance of those forces in United States military personnel in providing se- greater than $2,500. carrying out their assigned roles and missions. curity in Iraq and in transferring security func- (d) FACILITIES AUTHORITY.—(1) The Secretary (22) The preparedness, including doctrine and tions to a reconstituted Iraqi police force and may acquire, lease, construct, improve, ren- training, of the United States forces. military. ovate, remodel, repair, operate, and maintain (23) The acquisition of foreign military tech- (7) The Secretary’s assessment of the scope of laboratories, other research facilities and equip- nology from Iraq, and any compromise of mili- the ongoing needed commitment of United States ment, and other real or personal property that tary technology of the United States or other military forces and of the remaining tasks to be the Secretary determines necessary for carrying countries in the multinational coalition. completed by Department of Defense civilian out the program under this section. The author- (24) The problems posed by Iraqi possession personnel in the governance and reconstruction ity under this paragraph is in addition to any and use of equipment produced in the United areas, including an estimate of the total expend- other authority under law. States and other coalition nations. itures the Department of Defense expects to (2) The Secretary may exercise the authorities (25) The use of deception by Iraqi forces and make for activities in post-conflict Iraq. of paragraph (1) as part of an intergency co- by coalition forces. SEC. 1024. REPORT ON DEVELOPMENT OF MECHA- operation activity under subsection (b). (26) The military criteria used to determine NISMS TO BETTER CONNECT DE- (e) AUTHORITY FOR PERSONAL SERVICES CON- when to progress from one phase of military op- PARTMENT OF DEFENSE SPACE CA- TRACTS.—The authority provided by section 1091 erations to another phase of military operations. PABILITIES TO THE WAR FIGHTER. of title 10, United States Code, for personal serv- (27) The role, if any, of the Status of Re- Not later than March 15, 2004, the Secretary ices contracts to carry out health care respon- sources and Training System (SORTS) in deter- of Defense shall submit to the congressional de- sibilities in medical treatment facilities of the

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.040 H21PT1 H4454 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Department of Defense shall also be available, that is approved under section 515 or cleared (3) Before the expiration of the period during subject to the same terms and conditions, for under section 510(k) of the Federal Food, Drug, which a declaration of emergency is in effect, personal services contracts to carry out research and Cosmetic Act (21 U.S.C. 360e and 360) for the Secretary may declare one or more exten- and development activities under this section. use as such a countermeasure to a biological, sions of that declaration of emergency. In such The number of individuals whose personal serv- chemical, radiological, or nuclear agent identi- a case, the date on which the most recent exten- ices are obtained under this subsection may not fied as a material threat under subsection (a); or sion was declared shall be treated for purposes exceed 30 at any time. (B) with respect to which the Secretary, in of subsection (2)(B) as the date on which the (f) STREAMLINED PERSONNEL AUTHORITY.—(1) consultation with the Secretary of Health and declaration of emergency is made. Without regard to any provision of title 5, Human Services, makes a determination that (c) CRITERIA FOR ISSUANCE OF AUTHORIZA- United States Code, governing appointments in sufficient and satisfactory clinical experience or TION.—The Secretary, in consultation with the the competitive service, and without regard to research data (including data, if available, from Secretary of Health and Human Services, may any provision of chapter 51, or subchapter III of preclinical and clinical trials) exists to support use the authority under subsection (a) with re- chapter 43, of such title relating to classification a reasonable conclusion that the product will, spect to a biomedical countermeasure only if the and General Schedule pay rates, the Secretary not later than 5 years after the date on which Secretary make a determination that— may appoint professional and technical employ- the Secretary identifies the product under sub- (1) an agent to which a declaration of emer- ees, not to exceed 30 such employees at any time, section (c)(1), qualify for such approval or li- gency under subsection (b) relates can cause a to positions in the Department of Defense to censing for use as such a countermeasure. serious or life-threatening disease or condition; carry out research and development under the (2) The term ‘‘biomedical countermeasure’’ (2) based on the totality of scientific evidence program under this section. The authority means a drug (as defined in section 201(g)(1) of available to the Secretary, including data from under this paragraph is in addition to any other the Federal Food, Drug, and Cosmetic Act (21 adequate and well-controlled clinical trials, if authority under law. U.S.C. 321(g)(1))), device (as defined in section available, it is reasonable to believe that— (2) The Secretary may use the authority under 201(h) of the Federal Food, Drug, and Cosmetic (A) such countermeasure may be effective in paragraph (1) only upon a determination by the Act (21 U.S.C. 321(h))), or biological product (as detecting, diagnosing, treating, or preventing Secretary that use of such authority is nec- defined in section 351(i) of the Public Health such disease or condition; or essary to accelerate the research and develop- Service Act (42 U.S.C. 262(i)) that is— (B) the known and potential benefits of such ment under the program. (A) used to treat, identify, or prevent harm countermeasure, when used to detect, diagnose, (3) The Secretary shall institute appropriate from any biological, chemical, radiological, or treat, or prevent such disease or condition, out- internal controls for each use of the authority nuclear agent that may cause a military health weigh the known and potential risks of such under paragraph (1). emergency affecting the Armed Forces; or countermeasure; SEC. 1032. PROCUREMENT OF DEFENSE BIO- (B) used to treat, identify, or prevent harm (3) no adequate, approved, and available al- MEDICAL COUNTERMEASURES. from a condition that may result in adverse ternative exists to such countermeasure for de- (a) DETERMINATION OF MATERIAL THREATS.— health consequences or death and may be tecting, diagnosing, treating, or preventing such (1) The Secretary of Defense (in this section re- caused by administering a drug or biological disease or condition; and ferred to as the ‘‘Secretary’’), in consultation product that is used as described in subpara- (4) such other criteria as the Secretary may by with the Secretary of Health and Human Serv- graph (A). regulation prescribe are satisfied. ices and the Secretary of Homeland Security (e) FUNDING.—(1) Of the amount authorized to (d) SCOPE OF AUTHORIZATION.—For each use shall on an ongoing basis— be appropriated for the Department of Defense of the authority under subsection (a), the Sec- (A) assess current and emerging threats of use and available within the transfer authority es- retary, in consultation with the Secretary of of biological, chemical, radiological, and nu- tablished under section 1001 of this Act for fiscal Health and Human Services, shall— clear agents; and year 2004 and for each fiscal year thereafter, (1) specify each disease or condition that the (B) identify, on the basis of such assessment, such sums are authorized as may be necessary biological countermeasure may be used to detect, those agents that present a material risk of use for the costs incurred by the Secretary in the diagnose, treat, or prevent; and against the Armed Forces. procurement of countermeasures under this sec- (2) set forth each determination under sub- (2) The Secretary, in consultation with the tion, subject to paragraph (2). section (c) with respect to that countermeasure Secretary of Health and Human Services and (2) Amounts authorized to be appropriated and the basis for each such determination. the Secretary of Homeland Security, shall on an under paragraph (1) shall not be available to (e) CONDITION.—In carrying out this section, ongoing basis— pay— the Secretary shall ensure compliance with sec- (A) assess the potential consequences to the (A) costs for the purchase of vaccines under tion 1107 of title 10, United States Code, and sec- health of members of the Armed Forces of use procurement contracts entered into before Janu- tion 731(a)(3) of the Strom Thurmond National against the Armed Forces of the agents identi- ary 1, 2003; Defense Authorization Act for Fiscal Year 1999 fied under paragraph (1)(B); and (B) costs under new contracts, or costs of new (Public Law 105–261; 112 Stat. 2071; 10 U.S.C. (B) identify, on the basis of such assessment, obligations under contracts previously entered 1107 note). those agents for which countermeasures are nec- into, for procurement of a countermeasure after Subtitle E—Other Matters essary to protect the health of members of the the date of a determination under subsection (c)(2)(D) that the countermeasure does have a SEC. 1041. CODIFICATION AND REVISION OF DE- Armed Forces. FENSE COUNTERINTELLIGENCE (b) ASSESSMENT OF AVAILABILITY AND APPRO- significant commercial market other than as a POLYGRAPH PROGRAM AUTHORITY. PRIATENESS OF OUNTERMEASURES biomedical countermeasure; or C .—The Sec- (a) CODIFICATION.—(1) Chapter 21 of title 10, (C) administrative costs. retary, in consultation with the Secretary of United States Code, is amended by inserting Health and Human Services and the Secretary SEC. 1033. AUTHORIZATION FOR USE OF MEDICAL after section 425 the following new section: of Homeland Security, shall on an ongoing basis PRODUCTS IN EMERGENCIES. assess the availability and appropriateness of (a) USE OF MEDICAL PRODUCTS AUTHOR- ‘‘§ 426. Counterintelligence polygraph pro- specific countermeasures to address specific IZED.—During the period in which a declaration gram threats identified under subsection (a). of emergency under subsection (b) is in effect, ‘‘(a) AUTHORITY FOR PROGRAM.—The Sec- (c) SECRETARY’S DETERMINATION OF COUNTER- the Secretary of Defense, in accordance with retary of Defense may carry out a program for MEASURES APPROPRIATE FOR PROCUREMENT.— this section, may authorize the use on members the administration of counterintelligence poly- (1) The Secretary, in accordance with para- of the Armed Forces of a drug or device in- graph examinations to persons described in sub- graph (2), shall on an ongoing basis identify tended solely for use in an actual or potential section (b). The program shall be based on De- specific countermeasures that the Secretary de- emergency. partment of Defense Directive 5210.48, dated De- termines to be appropriate for procurement for (b) DECLARATION OF EMERGENCY.—(1) A dec- cember 24, 1984. the Department of Defense stockpile of bio- laration of emergency referred to in subsection ‘‘(b) PERSONS COVERED.—Except as provided medical countermeasures. (a) is a declaration by the Secretary of Defense in subsection (c), the following persons whose (2) The Secretary may not identify a specific that there exists a military emergency, or a sig- duties involve access to information that has countermeasure under paragraph (1) unless the nificant potential for a military emergency, in- been classified at the level of top secret or des- Secretary determines that— volving a heightened risk to the Armed Forces of ignated as being within a special access program (A) the countermeasure is a qualified counter- attack by one or more biological, chemical, radi- under section 4.4(a) of Executive Order 12958 (or measure; and ological, or nuclear agents. a successor Executive order) are subject to this (B) it is reasonable to expect that producing (2) Subject to paragraph (3), the period during section: and delivering, within 5 years, the quantity of which a declaration of emergency under this ‘‘(1) Military and civilian personnel of the De- that countermeasure required to meet the needs subsection is in effect begins upon the making of partment of Defense. of the Department (as determined by the Sec- the declaration and ends upon the first to occur ‘‘(2) Personnel of defense contractors. retary) is feasible. of the following events: ‘‘(3) A person assigned or detailed to the De- (d) DEFINITIONS.—In this section: (A) The making of a determination by the Sec- partment of Defense. (1) The term ‘‘qualified countermeasure’’ retary that the military emergency, or the sig- ‘‘(4) An applicant for a position in the De- means a biomedical countermeasure— nificant potential for a military emergency, has partment of Defense. (A) that is approved under section 505(a) of ceased to exist. ‘‘(c) EXCEPTIONS FROM COVERAGE FOR CER- the Federal Food, Drug, and Cosmetic Act (21 (B) The expiration of the one-year period be- TAIN INTELLIGENCE AGENCIES AND FUNCTIONS.— U.S.C. 355) or licensed under section 351 of the ginning on the date on which the declaration of This section does not apply to the following per- Public Health Service Act (42 U.S.C. 262), or emergency is made. sons:

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.040 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4455

‘‘(1) A person assigned or detailed to the Cen- (2) The table of sections at the beginning of (A) by striking ‘‘DEFINITIONS.—’’ and all that tral Intelligence Agency or to an expert or con- such subchapter is amended by inserting after follows through ‘‘(1) The term’’ and inserting sultant under a contract with the Central Intel- the item relating to section 2244 the following ‘‘OPERATIONAL TEST AND EVALUATION DE- ligence Agency. new item: FINED.—In this section, the term’’; ‘‘(2) A person who is— ‘‘2244a. Equipment scheduled for retirement or (B) by striking paragraph (2); ‘‘(A) employed by or assigned or detailed to disposal: limitation on expendi- (C) by redesignating subparagraphs (A), (B), the National Security Agency; tures for modifications.’’. and (C) as paragraphs (1), (2), and (3), respec- ‘‘(B) an expert or consultant under contract tively; and (b) CONFORMING REPEAL.—Section 8053 of the to the National Security Agency; (D) by realigning those paragraphs (as so re- Department of Defense Appropriations Act, 1998 ‘‘(C) an employee of a contractor of the Na- designated) so as to be indented two ems from (10 U.S.C. 2241 note), is repealed. tional Security Agency; or the left margin. ‘‘(D) a person applying for a position in the SEC. 1043. ADDITIONAL DEFINITIONS FOR PUR- (14) Section 2667(h) is amended by striking National Security Agency. POSES OF TITLE 10, UNITED STATES paragraph (1). CODE. ‘‘(3) A person assigned to a space where sen- (15) Section 2688(e)(1) is amended by striking sitive cryptographic information is produced, (a) GENERAL DEFINITIONS.—Section 101(a) of ‘‘the Committee on’’ the first place it appears processed, or stored. title 10, United States Code, is amended by add- and all that follows through ‘‘House of Rep- ‘‘(4) A person employed by, or assigned or de- ing at the end the following new paragraphs: resentatives’’ and inserting ‘‘the congressional tailed to, an office within the Department of De- ‘‘(16) The term ‘congressional defense commit- defense committees’’. fense for the collection of specialized national tees’ means— (16) Section 2801(c)(4) is amended by striking foreign intelligence through reconnaissance pro- ‘‘(A) the Committee on Armed Services and the ‘‘the Committee on’’ the first place it appears grams or a contractor of such an office. Committee on Appropriations of the Senate; and and all that follows through ‘‘House of Rep- ‘‘(d) OVERSIGHT.—(1) The Secretary shall es- ‘‘(B) the Committee on Armed Services and the resentatives’’ and inserting ‘‘the congressional tablish a process to monitor responsible and ef- Committee on Appropriations of the House of defense committees’’. Representatives. fective application of polygraphs within the De- (c) REFERENCES TO BASE CLOSURE LAWS.— partment of Defense. ‘‘(17) The term ‘base closure law’ means the Title 10, United States Code, is further amended ‘‘(2) The Secretary shall make information on following: as follows: the use of polygraphs within the Department of ‘‘(A) Section 2687 of this title. (1) Section 2306c(h) is amended by striking ‘‘(B) The Defense Base Closure and Realign- Defense available to the congressional defense ‘‘ADDITIONAL’’ and all that follows through ‘‘(2) ment Act of 1990 (part A of title XXIX of Public committees. The term’’ and inserting ‘‘MILITARY INSTALLA- ‘‘(e) POLYGRAPH RESEARCH PROGRAM.—The Law 101–510; 10 U.S.C. 2687 note). TION DEFINED.—In this section, the term’’. Secretary of Defense shall carry out a con- ‘‘(C) Title II of the Defense Authorization (2) Section 2490a(f) is amended— Amendments and Base Closure and Realignment tinuing research program to support the poly- (A) by striking ‘‘DEFINITIONS.—’’ and all that graph activities of the Department of Defense. Act (Public Law 100–526; 10 U.S.C. 2687 note). follows through ‘‘(1) The term’’ and inserting (b) REFERENCES TO CONGRESSIONAL DEFENSE The program shall include— ‘‘NONAPPROPRIATED FUND INSTRUMENTALITY ‘‘(1) an on-going evaluation of the validity of COMMITTEES.—Title 10, United States Code, is DEFINED.—In this section, the term’’; and polygraph techniques used by the Department; further amended as follows: (B) by striking paragraph (2). ‘‘(2) research on polygraph countermeasures (1) Section 135(e) is amended— (3) Section 2667(h), as amended by subsection and anti-countermeasures; and (A) by striking ‘‘(1)’’; (b)(13), is further amended by striking ‘‘sec- ‘‘(3) developmental research on polygraph (B) by striking ‘‘each congressional committee tion:’’ and all that follows through ‘‘(3) The techniques, instrumentation, and analytic meth- specified in paragraph (2)’’ and inserting ‘‘each term’’ and inserting ‘‘section, the term’’. ods.’’. of the congressional defense committees’’; and (4) Section 2696(e) is amended— (2) The table of sections at the beginning of (C) by striking paragraph (2). (A) by striking paragraphs (1), (2), (3), and (4) subchapter I of such chapter is amended by (2) Section 153(c) is amended— and inserting the following: adding at the end the following new item: (A) by striking ‘‘committees of Congress ‘‘(1) A base closure law.’’; and ‘‘426. Counterintelligence polygraph program.’’. named in paragraph (2)’’ and inserting ‘‘con- (B) by redesignating paragraph (6) as para- (b) CONFORMING REPEAL.—Section 1121 of the gressional defense committees’’; graph (2). National Defense Authorization Act for Fiscal (B) by striking paragraph (2); and (4) Section 2705 is amended by striking sub- Years 1988 and 1989 (10 U.S.C. 113 note), is re- (C) by designating the second sentence of section (h). pealed. paragraph (1) as paragraph (2) and in that (5) Section 2871 is amended by striking para- (c) EFFECTIVE DATE.—The amendments made paragraph (as so designated) by striking ‘‘The graph (2). report’’ and inserting ‘‘Each report under para- by this section shall take effect on October 1, SEC. 1044. INCLUSION OF ANNUAL MILITARY CON- 2003. graph (1)’’. STRUCTION AUTHORIZATION RE- SEC. 1042. CODIFICATION AND REVISION OF LIMI- (3) Section 181(d)(2) is amended— QUEST IN ANNUAL DEFENSE AU- TATION ON MODIFICATION OF (A) by striking ‘‘subsection:’’ and all that fol- THORIZATION REQUEST. MAJOR ITEMS OF EQUIPMENT lows through ‘‘oversight’’ and inserting ‘‘sub- (a) INCLUSION OF MILITARY CONSTRUCTION SCHEDULED FOR RETIREMENT OR section, the term ‘oversight’’; and REQUEST.—Section 113a(b) of title 10, United DISPOSAL. (B) by striking subparagraph (B). States Code, is amended— (a) IN GENERAL.—(1) Chapter 134 of title 10, (4) Section 224 is amended by striking sub- (1) by redesignating paragraph (3) as para- United States Code, is amended by inserting section (f). graph (4); and after section 2244 the following new section: (5) Section 228(e) is amended— (2) by inserting after paragraph (2) the fol- ‘‘§ 2244a. Equipment scheduled for retirement (A) by striking ‘‘DEFINITIONS’’ and all that lowing new paragraph (3): or disposal: limitation on expenditures for follows through ‘‘(1) The term’’ and inserting ‘‘(3) Authority to carry out military construc- modifications ‘‘O&M BUDGET ACTIVITY DEFINED.—In this sec- tion projects, as required by section 2802 of this ‘‘(a) PROHIBITION.—Except as otherwise pro- tion, the term’’; and title.’’. vided in this section, the Secretary of a military (B) by striking paragraph (2). (b) REPEAL OF SEPARATE TRANSMISSION OF department may not carry out a significant (6) Section 229 is amended by striking sub- REQUEST.—(1) Section 2859 of such title is re- modification of an aircraft, weapon, vessel, or section (f). pealed. other item of equipment that the Secretary plans (7) Section 1107(f)(4) is amended by striking (2) The table of sections at the beginning of to retire or otherwise dispose of within five subparagraph (C). subchapter III of chapter 169 of such title is years after the date on which the modification, (8) Section 2216(j) is amended by striking amended by striking the item relating to section if carried out, would be completed. paragraph (3). 2859. ‘‘(b) SIGNIFICANT MODIFICATIONS DEFINED.— (9) Section 2218(l) is amended— SEC. 1045. TECHNICAL AND CLERICAL AMEND- For purposes of this section, a significant modi- (A) by striking paragraph (4); and MENTS. fication is any modification for which the cost is (B) by redesignating paragraph (5) as para- (a) TITLE 10, UNITED STATES CODE.—Title 10, in an amount equal to or greater than graph (4). United States Code, is amended as follows: $1,000,000. (10) Section 2306b(l) is amended— (1) The tables of chapters at the beginning of ‘‘(c) EXCEPTION FOR SAFETY MODIFICA- (A) by striking paragraph (9); and subtitle A, and at the beginning of part IV of TIONS.—The prohibition in subsection (a) does (B) by redesignating paragraph (10) as para- subtitle A, are amended by striking ‘‘2701’’ in not apply to a safety modification. graph (9). the item relating to chapter 160 and inserting ‘‘(d) WAIVER AUTHORITY.—The Secretary con- (11) Section 2308(e)(2) is amended— ‘‘2700’’. cerned may waive the prohibition in subsection (A) by striking subparagraph (A); and (2) Section 101(a)(9)(D) is amended by striking (a) in the case of any modification otherwise (B) by redesignating subparagraphs (B) and ‘‘Transportation’’ and inserting ‘‘Homeland Se- subject to that subsection if the Secretary deter- (C) as subparagraphs (A) and (B), respectively. curity’’. mines that carrying out the modification is in (12) Section 2366(e) is amended— (3) Section 2002(a)(2) is amended by striking the national security interest of the United (A) by striking paragraph (7); and ‘‘Foreign Service Institute’’ and inserting States. Whenever the Secretary issues such a (B) by redesignating paragraphs (8) and (9) as ‘‘George P. Schultz National Foreign Affairs waiver, the Secretary shall notify the congres- paragraphs (7) and (8), respectively. Training Center’’. sional defense committees in writing.’’. (13) Section 2399(h) is amended— (4)(A) Section 2248 is repealed.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.040 H21PT1 H4456 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (B) The table of sections at the beginning of ‘‘(2) In this subsection, the term ‘qualifying SEC. 1050. PROTECTION OF OPERATIONAL FILES chapter 134 is amended by striking the item re- employee’ means a student who is employed at OF THE NATIONAL SECURITY AGEN- lating to section 2248. the National Security Agency under— CY. (5) Section 2305a(c) is amended by striking ‘‘(A) a Student Educational Employment Pro- The National Security Agency Act of 1959 (50 ‘‘the Brooks Architect-Engineers Act (40 U.S.C. gram of the Agency conducted under this sec- U.S.C. 402 note) is amended by adding at the 541 et seq.)’’ and inserting ‘‘chapter 11 of title tion or any other provision of law; or end the following new section: 40’’. ‘‘(B) a similar cooperative or summer edu- ‘‘SEC. 19. (a) EXEMPTION OF CERTAIN OPER- (6) Section 2432(h)(1) is amended by inserting cation program of the Agency that meets the cri- ATIONAL FILES FROM SEARCH, REVIEW, PUBLICA- ‘‘program’’ in the first sentence after ‘‘for teria for Federal cooperative or summer edu- TION, OR DISCLOSURE.—(1) The Director of the such’’. cation programs prescribed by the Office of Per- National Security Agency, with the coordina- (7) Section 7503(d) is amended by inserting sonnel Management.’’. tion of the Director of Central Intelligence, may ‘‘such’’ before ‘‘title III.’’ SEC. 1047. USE OF DRUG INTERDICTION AND exempt operational files of the National Security (b) TITLE 37, UNITED STATES CODE.—Title 37, COUNTER-DRUG FUNDS TO SUPPORT Agency from the provisions of section 552 of title United States Code, is amended as follows: ACTIVITIES OF THE GOVERNMENT 5, United States Code, which require publica- (1) Section 323(a) is amended by striking ‘‘1 OF COLOMBIA. tion, disclosure, search, or review in connection year’’ in paragraphs (1) and (2) and inserting (a) AUTHORITY TO PROVIDE ASSISTANCE.— therewith. ‘‘one year’’. During fiscal years 2004 and 2005, the Secretary ‘‘(2)(A) Subject to subparagraph (B), for the (2) Section 402(b) is amended— of Defense may use funds made available to the purposes of this section, the term ‘operational (A) by striking paragraph (1); and Department of Defense for drug interdiction and files’ means files of the National Security Agen- (B) in paragraph (2), by striking ‘‘On and counter-drug activities to provide assistance to cy that document the means by which foreign after January 1, 2002, the’’ and inserting ‘‘The’’. the Government of Colombia— intelligence or counterintelligence is collected (c) FLOYD D. SPENCE NATIONAL DEFENSE (1) to support a unified campaign against nar- through technical systems. AUTHORIZATON ACT FOR FISCAL YEAR 2001.— cotics trafficking in Colombia; ‘‘(B) Files that contain disseminated intel- The Floyd D. Spence National Defense Author- (2) to support a unified campaign against ac- ligence are not operational files. ization Act for Fiscal Year 2001 (as enacted into tivities by designated terrorist organizations, ‘‘(3) Notwithstanding paragraph (1), exempted law by Public Law 106–398) is amended as fol- such as the Revolutionary Armed Forces of Co- operational files shall continue to be subject to lows: lombia (FARC), the National Liberation Army search and review for information concerning— ‘‘(A) United States citizens or aliens lawfully (1) Section 1308(c) (22 U.S.C. 5959) is amend- (ELN), and the United Self-Defense Forces of admitted for permanent residence who have re- ed— Colombia (AUC); and (A) by redesignating paragraph (7) as para- (3) to take actions to protect human health quested information on themselves pursuant to graph (8); and and welfare in emergency circumstances, includ- the provisions of section 552 of title 5 or section (B) by redesignating the second paragraph (6) ing undertaking rescue operations. 552a of title 5, United States Code; ‘‘(B) any special activity the existence of as paragraph (7). (b) RELATION TO OTHER ASSISTANCE AUTHOR- which is not exempt from disclosure under the (2) Section 814 (10 U.S.C. 1412 note) is amend- ITY.—The authority provided by subsection (a) provisions of section 552 of title 5, United States ed in subsection (d)(1) by striking ‘‘the Clinger- is in addition to other provisions of law author- Code; or Cohen Act of 1996 (divisions D and E of Public izing the provision of assistance to the Govern- ‘‘(C) the specific subject matter of an inves- Law 104–106)’’ and inserting ‘‘subtitle III of title ment of Colombia. tigation by any of the following for any impro- 40, United States Code’’. SEC. 1048. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW EN- priety, or violation of law, Executive order, or (d) NATIONAL DEFENSE AUTHORIZATION ACT FORCEMENT AGENCIES CON- Presidential directive, in the conduct of an in- FOR FISCAL YEAR 2000.—Section 1305 of the Na- DUCTING COUNTER-TERRORISM AC- telligence activity: tional Defense Authorization Act for Fiscal TIVITIES. ‘‘(i) The Permanent Select Committee on Intel- Year 2000 (Public Law 106–65; 22 U.S.C. 5952 (a) AUTHORITY.—A joint task force of the De- ligence of the House of Representatives. note) is amended by striking the second period partment of Defense that provides support to ‘‘(ii) The Select Committee on Intelligence of at the end. law enforcement agencies conducting counter- the Senate. (e) STROM THURMOND NATIONAL DEFENSE AU- drug activities may also provide, consistent with ‘‘(iii) The Intelligence Oversight Board. THORIZATION ACT FOR FISCAL YEAR 1999.—Sec- all applicable laws and regulations, support to ‘‘(iv) The Department of Justice. tion 819 of the Strom Thurmond National De- law enforcement agencies conducting counter- ‘‘(v) The Office of General Counsel of the Na- fense Authorization Act for Fiscal Year 1999 terrorism activities. tional Security Agency. (Public Law 105–261; 112 Stat. 2089) is amended (b) CONDITIONS.—Any support provided under ‘‘(vi) The Office of the Director of the Na- by striking ‘‘section 201(c) of the Federal Prop- subsection (a) may only be provided in the geo- tional Security Agency. erty and Administrative Services Act of 1949 (40 graphic area of responsibility of the joint task ‘‘(4)(A) Files that are not exempted under U.S.C. 481(c)),’’ and inserting ‘‘section 503 of force. paragraph (1) which contain information de- title 40, United States Code,’’. SEC. 1049. USE OF NATIONAL DRIVER REGISTER rived or disseminated from exempted operational (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR PERSONNEL SECURITY INVES- files shall be subject to search and review. FOR FISCAL YEAR 1997.—Section 1084(e) of the TIGATIONS AND DETERMINATIONS. ‘‘(B) The inclusion of information from ex- National Defense Authorization Act for Fiscal Section 30305(b) of title 49, United States empted operational files in files that are not ex- Year 1997 (Public Law 104–201; 110 Stat. 2675) is Code, is amended— empted under paragraph (1) shall not affect the amended by striking ‘‘98–515’’ and inserting (1) by redesignating paragraphs (9) through exemption under paragraph (1) of the origi- ‘‘98–525’’. The amendment made by the pre- (11) as paragraphs (10) through (12), respec- nating operational files from search, review, ceding sentence shall take effect as if included tively; and publication, or disclosure. in Public Law 104–201. (2) by inserting after paragraph (8) the fol- ‘‘(C) The declassification of some of the infor- (g) FEDERAL ACQUISITION STREAMLINING ACT lowing new paragraph: mation contained in exempted operational files OF 1994.—Subsection (d) of section 1004 of the ‘‘(9) An individual who is being investigated shall not affect the status of the operational file Federal Acquisition Streamlining Act of 1994 for— as being exempt from search, review, publica- (Public Law 103–355; 108 Stat, 3253) is amended ‘‘(A) eligibility for access to a particular level tion, or disclosure. by striking ‘‘under—’’ and all that follows of classified information for purposes of Execu- ‘‘(D) Records from exempted operational files through the end of paragraph (2) and inserting tive Order 12968, or any successor Executive which have been disseminated to and referenced ‘‘under chapter 11 of title 40, United States order; or in files that are not exempted under paragraph Code.’’. ‘‘(B) Federal employment under authority of (1) and which have been returned to exempted (h) ARMED FORCES RETIREMENT HOME ACT OF Executive Order 10450, or any successor Execu- operational files for sole retention shall be sub- 1991.—Section 1520(b)(1)(C) of the Armed Forces tive order, ject to search and review. Retirement Home Act of 1991 (24 U.S.C. may request the chief driver licensing official of ‘‘(5) The provisions of paragraph (1) may not 420(b)(1)(C)) is amended by inserting ‘‘Armed a State to provide information about the indi- be superseded except by a provision of law Forces’’ before ‘‘Retirement Home Trust Fund’’. vidual pursuant to subsection (a) of this section which is enacted after the date of the enactment to a Federal department or agency that is au- SEC. 1046. AUTHORITY TO PROVIDE LIVING QUAR- of this section, and which specifically cites and TERS FOR CERTAIN STUDENTS IN thorized to investigate the individual for the repeals or modifies its provisions. COOPERATIVE AND SUMMER EDU- purpose of assisting in the determination of the ‘‘(6)(A) Except as provided in subparagraph CATION PROGRAMS OF THE NA- eligibility of the individual for access to classi- (B), whenever any person who has requested TIONAL SECURITY AGENCY. fied information or for Federal employment. A agency records under section 552 of title 5, Section 2195 of title 10, United States Code, is Federal department or agency that receives such United States Code, alleges that the National amended by adding at the end the following information about an individual may use it in Security Agency has withheld records improp- new subsection: accordance with applicable law. Information erly because of failure to comply with any pro- ‘‘(d)(1) The Director of the National Security may not be obtained from the Register under vision of this section, judicial review shall be Agency may provide a qualifying employee of a this paragraph if the information was entered in available under the terms set forth in section defense laboratory of that Agency with living the Register more than 3 years before the re- 552(a)(4)(B) of title 5, United States Code. quarters at no charge, or at a rate or charge quest, unless the information is about a revoca- ‘‘(B) Judicial review shall not be available in prescribed by the Director by regulation, with- tion or suspension still in effect on the date of the manner provided for under subparagraph out regard to section 5911(c) of title 5. the request.’’. (A) as follows:

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.041 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4457 ‘‘(i) In any case in which information specifi- trict of Columbia. In such a proceeding, the retary of Defense submits to Congress notice of cally authorized under criteria established by court’s review shall be limited to determining the amendment or revision and the reasons an Executive order to be kept secret in the inter- the following: therefor.’’. ests of national defense or foreign relations ‘‘(A) Whether the National Security Agency (b) CLERICAL AMENDMENTS.—(1) The heading which is filed with, or produced for, the court has conducted the review required by paragraph of such section is amended to read as follows: by the National Security Agency, such informa- (1) before the expiration of the 10-year period ‘‘§ 2679. Access to and use of space and equip- tion shall be examined ex parte, in camera by beginning on the date of the enactment of this ment at military installations: representa- the court. section or before the expiration of the 10-year tives of veterans’ organizations and other ‘‘(ii) The court shall, to the fullest extent period beginning on the date of the most recent persons’’. practicable, determine the issues of fact based review. (2) The item relating to such section in the on sworn written submissions of the parties. ‘‘(B) Whether the National Security Agency, table of sections at the beginning of chapter 159 ‘‘(iii) When a complainant alleges that re- in fact, considered the criteria set forth in para- of such title is amended to read as follows: quested records are improperly withheld because graph (2) in conducting the required review.’’. ‘‘2679. Access to and use of space and equipment of improper placement solely in exempted oper- SEC. 1051. ASSISTANCE FOR STUDY OF FEASI- at military installations: rep- ational files, the complainant shall support such BILITY OF BIENNIAL INTER- resentatives of veterans’ organiza- allegation with a sworn written submission NATIONAL AIR TRADE SHOW IN THE tions and other persons.’’. based upon personal knowledge or otherwise ad- UNITED STATES AND FOR INITIAL IMPLEMENTATION. SEC. 1053. COMMISSION ON NUCLEAR STRATEGY missible evidence. OF THE UNITED STATES. ‘‘(iv)(I) When a complainant alleges that re- (a) ASSISTANCE FOR COMMUNITY FEASIBILITY (a) ESTABLISHMENT OF COMMISSION.— STUDY.—(1) The Secretary of Defense shall pro- quested records were improperly withheld be- (1) ESTABLISHMENT.—There is hereby estab- cause of improper exemption of operational files, vide assistance to a community selected under lished a commission to be known as the ‘‘Com- the National Security Agency shall meet its bur- subsection (d) for expenses of a study by that mission on Nuclear Strategy of the United den under section 552(a)(4)(B) of title 5, United community of the feasibility of the establishment States’’ (hereinafter this this section referred to States Code, by demonstrating to the court by and operation of a biennial international air as the ‘‘Commission’’). The Secretary of De- sworn written submission that exempted oper- trade show in the area of that community. fense, in consultation with the Secretary of En- ational files likely to contain responsive records (2) The Secretary shall provide for the commu- ergy, shall enter into a contract with a federally currently perform the functions set forth in nity to submit to the Secretary a report con- funded research and development center to pro- paragraph (2). taining the results of the study not later than vide for the organization, management, and ‘‘(II) The court may not order the National September 30, 2004. The Secretary shall promptly suport of the Commission. Security Agency to review the content of any submit the report to Congress, together with (2) COMPOSITION.—(A) The Commission shall exempted operational file or files in order to such comments on the report as the Secretary be composed of 12 members appointed by the make the demonstration required under sub- considers appropriate. Secretary of Defense. In selecting individuals clause (I), unless the complainant disputes the (b) ASSISTANCE FOR IMPLEMENTATION.—If the for appointment to the Commission, the Sec- National Security Agency’s showing with a community conducting the study under sub- retary of Defense shall consult with the chair- sworn written submission based on personal section (a) determines that the establishment man and ranking minority member of the Com- knowledge or otherwise admissible evidence. and operation of such an air show is feasible mittee on Armed Services of the Senate and the ‘‘(v) In proceedings under clauses (iii) and and should be implemented, the Secretary shall chairman and ranking minority member of the (iv), the parties may not obtain discovery pursu- provide assistance to the community for the ini- Committee on Armed Services of the House of ant to rules 26 through 36 of the Federal Rules tial expenses of implementing such an air show Representatives. of Civil Procedure, except that requests for ad- in the selected community. (B) Members of the Commission shall be ap- mission may be made pursuant to rules 26 and (c) AMOUNT OF ASSISTANCE.—The amount of pointed from among private United States citi- 36. assistance provided by the Secretary under sub- zens with knowledge and expertise in the polit- ‘‘(vi) If the court finds under this paragraph sections (a) and (b)— ical, military, operational, and technical aspects that the National Security Agency has improp- (1) may not exceed a total of $1,000,000, to be of nuclear strategy. erly withheld requested records because of fail- derived from amounts available for operation (3) CHAIRMAN OF THE COMMISSION.—The Sec- ure to comply with any provision of this sub- and maintenance for the Air Force for fiscal retary of Defense shall designate one of the section, the court shall order the Agency to year 2004 or later fiscal years; and members of the Commission to serve as chairman search and review the appropriate exempted (2) may not exceed one-half of the cost of the of the Commission. operational file or files for the requested records study and may not exceed one-half the cost of (4) PERIOD OF APPOINTMENT; VACANCIES.— and make such records, or portions thereof, such initial implementation. Members shall be appointed for the life of the available in accordance with the provisions of (d) SELECTION OF COMMUNITY.—The Secretary Commission. Any vacancy in the Commission section 552 of title 5, United States Code, and shall select a community for purposes of sub- shall be filled in the same manner as the origi- such order shall be the exclusive remedy for fail- section (a) through the use of competitive proce- nal appointment. ure to comply with this subsection. dures. In making such selection, the Secretary (5) SECURITY CLEARANCES.—All members of the ‘‘(vii) If at any time following the filing of a shall give preference to those communities that Commission shall hold appropriate security complaint pursuant to this paragraph the Na- already sponsor an air show, have demonstrated clearances. tional Security Agency agrees to search the ap- a history of supporting air shows with local re- (b) DUTIES OF COMMISSION.— (1) REVIEW OF NUCLEAR STRATEGY.—The Com- propriate exempted operational file or files for sources, and have a significant role in the aero- mission shall consider all matters of policy, force the requested records, the court shall dismiss the space community. The community shall be se- structure, nuclear stockpile stewardship, esti- claim based upon such complaint. lected not later than March 1, 2004. mates of threats and force requirements, and ‘‘(viii) Any information filed with, or pro- SEC. 1052. CONTINUATION OF REASONABLE AC- any other issue the Commission may consider duced for the court pursuant to clauses (i) and CESS TO MILITARY INSTALLATIONS necessary in order to assess and make rec- (iv) shall be coordinated with the Director of FOR PERSONAL COMMERCIAL SOLIC- ommendations about current United States nu- Central Intelligence prior to submission to the ITATION. clear strategy as envisioned in the National Se- (a) CONTINUED ACCESS TO MEMBERS.—Section court. curity Strategy of the United States and the Nu- ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER- 2679 of title 10, United States Code, is amend- clear Posture Review, as well as possible alter- ATIONAL FILES.—(1) Not less than once every 10 ed— native future strategies. (1) in subsection (a), by inserting ‘‘ACCESS BY years, the Director of the National Security (2) ASSESSMENT OF RANGE OF NUCLEAR STRATE- REPRESENTATIVES OF VETERANS’ ORGANIZA- Agency and the Director of Central Intelligence GIES.—The Commission shall assess possible fu- shall review the exemptions in force under sub- TIONS.—(1)’’ before ‘‘Upon certification’’; ture nuclear strategies for the United States section (a)(1) to determine whether such exemp- (2) by redesignating subsections (b) and (c) as that could be pursued over the next 20 years. tions may be removed from the category of ex- paragraphs (2) and (3), respectively; (3) RELATIONS WITH RUSSIA.—The Commission empted files or any portion thereof. The Director (3) in paragraph (2), as so redesignated, by shall give special attention to assessing how the of Central Intelligence must approve any deter- striking ‘‘subsection (a)’’ and inserting ‘‘para- United States goal of strengthening partnership mination to remove such exemptions. graph (1)’’; with Russia may be advanced or adversely af- ‘‘(2) The review required by paragraph (1) (4) in paragraph (3), as so redesignated, by fected by each of the possible nuclear strategies shall include consideration of the historical striking ‘‘section’’ and inserting ‘‘subsection’’; considered. The Commission shall also assess value or other public interest in the subject mat- (5) by redesignating subsection (d) as sub- how relations with China, and the overall glob- ter of the particular category of files or portions section (c); and al security environment, may be affected by thereof and the potential for declassifying a sig- (6) by inserting before such subsection the fol- each of those possible nuclear strategies. nificant part of the information contained lowing new subsection (b): (4) OTHER MATTERS TO BE INCLUDED.—For therein. ‘‘(b) ACCESS FOR PERSONAL COMMERCIAL SO- each of the possible nuclear strategies consid- ‘‘(3) A complainant that alleges that the Na- LICITATION.—An amendment or other revision to ered, the Commission shall include in its report tional Security Agency has improperly withheld a Department of Defense directive relating to under subsection (c)(1), at a minimum, the fol- records because of failure to comply with this access to military installations for the purpose lowing: subsection may seek judicial review in the dis- of conducting limited personal commercial solici- (A) A discussion of the policy defining the de- trict court of the United States of the district in tation shall not take effect until the end of the terrence and military-political objectives of the which any of the parties reside, or in the Dis- 90-day period beginning on the date the Sec- United States against potential adversaries.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.041 H21PT1 H4458 CONGRESSIONAL RECORD — HOUSE May 21, 2003

(B) A discussion of the military requirements (2) PROCEDURES.—The federally funded re- be determined by applying occupational safety for United States forces, the force structure and search and development center referred to in and health standards consistent with the per- capabilities necessary to meet those require- subsection (a)(1) shall be responsible for estab- missible exposure limit promulgated by the Sec- ments, and how they relate to the achievement lishing appropriate procedures for the Commis- retary of Labor under the Occupational Safety of the objectives identified under subparagraph sion. and Health Act of 1970’’. (A). (3) DETAIL OF GOVERNMENT EMPLOYEES.— (c) APPLICABILITY.—Subject to any vested (C) Appropriate quantitative and qualitative Upon request of the chairman of the Commis- constitutional property rights, any administra- analysis, including force-on-force exchange sion, the head of any Federal department or tive or judicial determination after the date of modeling, to calculate the effectiveness of the agency may detail, on a nonreimbursable basis, enactment of this Act concerning backpay for a strategy under various scenario conditions, in- any personnel of that department or agency to differential established under sections 5343(c)(4) cluding scenarios of strategic and tactical sur- the Commission to assist it in carrying out its or 5545(d) of such title shall be based on occupa- prise. duties. tional safety and health standards described in (D) An assessment of the role of missile de- (e) FUNDING.—Funds for activities of the Com- the amendments made by subsections (a) and fenses in the strategy, the dependence of the mission shall be provided from amounts appro- (b). strategy on missile defense effectiveness, and the priated for the Department of Defense. SEC. 1104. INCREASE IN ANNUAL STUDENT LOAN effect of missile defenses on the threat environ- (f) TERMINATION OF COMMISSION.—The Com- REPAYMENT AUTHORITY. ment. mission shall terminate 60 days after the date of Section 5379(b)(2)(A) of title 5, United States (E) An assessment of the implications of the the submission of its report under subsection Code, is amended by striking ‘‘$6,000’’ and in- proliferation of missiles and weapons of mass (c)(1). serting ‘‘$10,000’’. destruction, the proliferation of underground (g) IMPLEMENTATION.— SEC. 1105. AUTHORIZATION FOR CABINET SECRE- facilities and mobile launch platforms, and Chi- (1) FFRDC CONTRACT.—The Secretary of De- TARIES, SECRETARIES OF MILITARY na’s modernization of strategic forces. fense shall enter into the contract required DEPARTMENTS, AND HEADS OF EX- (F) An assessment of the implications of under subsection (a)(1) not later than 60 days ECUTIVE AGENCIES TO BE PAID ON A asymmetries between the United States and Rus- after the date of the enactment of this Act. BIWEEKLY BASIS. sia, including doctrine, nonstrategic nuclear (2) FIRST MEETING.—The Commission shall (a) AUTHORIZATION.—Section 5504 of title 5, weapons, and active and passive defenses. convene its first meeting not later than 60 days United States Code, is amended— (G) An assessment of strategies or options for after the date as of which all members of the (1) by redesignating subsection (c) as sub- dealing with nuclear capable nations that may Commission have been appointed. section (d); provide nuclear weapons to terrorist or (2) by striking the last sentence of both sub- SEC. 1054. EXTENSION OF section (a) and subsection (b); and transnational groups. COUNTERPROLIFERATION PROGRAM (H) An assessment of the contribution of non- REVIEW COMMITTEE. (3) by inserting after subsection (b) the fol- proliferation strategies and programs to the Section 1605(f) of the National Defense Au- lowing: ‘‘(c) For the purposes of this section: overall security of the United States and how thorization Act for Fiscal Year 1994 (22 U.S.C. ‘‘(1) The term ‘employee’ means— those strategies and programs may affect the 2751 note) is amended by striking ‘‘September 30, ‘‘(A) an employee in or under an Executive overall requirements of future nuclear strategy. 2004’’ and inserting ‘‘September 30, 2008’’. agency; (I) An assessment of the effect of the strategy TITLE XI—DEPARTMENT OF DEFENSE ‘‘(B) an employee in or under the Office of the on the nuclear programs of emerging nuclear CIVILIAN PERSONNEL Architect of the Capitol, the Botanic Garden, weapons states, including North Korea, Iran, and the Library of Congress, for whom a basic Pakistan, and India. Subtitle A—Department of Defense Civilian administrative workweek is established under (5) RECOMMENDATIONS.—The Commission Personnel Generally section 6101(a)(5) of this title; and shall include in its report recommendations for SEC. 1101. MODIFICATION OF THE OVERTIME PAY ‘‘(C) an individual employed by the govern- any continuities or changes in nuclear strategy CAP. Section 5542(a)(2) of title 5, United States ment of the District of Columbia. it believes should be taken to enhance the na- ‘‘(2) The term ‘employee’ does not include— Code, is amended— tional security of the United States. ‘‘(A) an employee on the Isthmus of Panama (1) by inserting ‘‘the greater of’’ before ‘‘one (6) COOPERATION FROM GOVERNMENT OFFI- in the service of the Panama Canal Commission; and one-half’’; and CIALS.—(A) In carrying out its duties, the Com- or (2) by inserting ‘‘or the hourly rate of basic mission shall receive the full and timely co- ‘‘(B) an employee or individual excluded from pay of the employee’’ after ‘‘law)’’ the second operation of the Secretary of Defense, the Sec- the definition of employee in section 5541(2) of place it appears. retary of Energy, and any other United States this title other than an employee or individual Government official in providing the Commis- SEC. 1102. MILITARY LEAVE FOR MOBILIZED FED- excluded by clauses (ii), (iii), and (xiv) through sion with analyses, briefings, and other infor- ERAL CIVILIAN EMPLOYEES. (xvii) of such section. mation necessary for the fulfillment of its re- (a) IN GENERAL.—Subsection (b) of section ‘‘(3) Notwithstanding paragraph (2), an indi- sponsibilities. 6323 of title 5, United States Code, is amended— vidual who otherwise would be excluded from (B) The Secretary of Energy and the Secretary (1) in paragraph (2)— the definition of employee shall be deemed to be of Defense shall each designate at least one offi- (A) by redesignating subparagraphs (A) and an employee for purposes of this section if the cer or employee of the Department of Energy (B) as clauses (i) and (ii), respectively, and at individual’s employing agency so elects, under and the Department of Defense, respectively, to the end of clause (ii), as so redesignated, by in- guidelines in regulations promulgated by the Of- serve as a liaison officer between the department serting ‘‘or’’; and fice of Personnel Management under subsection and the Commission. The Director of Central In- (B) by inserting ‘‘(A)’’ after ‘‘(2)’’; and (d)(2).’’. telligence may designate at least one officer or (2) by inserting the following before the text (b) GUIDELINES.—Subsection (d) of section employee of the Central Intelligence Agency to beginning with ‘‘is entitled’’: 5504 of such title, as redesignated by subsection serve as a liaison officer between that agency ‘‘(B) performs full-time military service as a (a), is amended— and the Commission. result of a call or order to active duty in support (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and (c) REPORTS.— of a contingency operation as defined in section (2) by adding at the end the following new (1) COMMISSION REPORT.—The Commission 101(a)(13) of title 10;’’. paragraph: shall submit to the Secretary of Defense and to (b) EFFECTIVE DATE.—The amendments made ‘‘(2) The Office of Personnel Management the Committees on Armed Services of the Senate by subsection (a) shall apply to military service shall provide guidelines by regulation for ex- and House of Representatives a report on the performed on or after the date of the enactment emptions to be made by the heads of agencies Commission’s findings and conclusions not later of this Act. under subsection (c)(3). Such guidelines shall than 18 months after the date of its first meet- SEC. 1103. COMMON OCCUPATIONAL AND HEALTH provide for such exemptions only under excep- ing. STANDARDS FOR DIFFERENTIAL tional circumstances.’’. (2) SECRETARY OF DEFENSE RESPONSE.—Not PAYMENTS AS A CONSEQUENCE OF SEC. 1106. SENIOR EXECUTIVE SERVICE AND PER- later than one year after the date on which the EXPOSURE TO ASBESTOS. FORMANCE. Commission submits its report under paragraph (a) PREVAILING RATE SYSTEMS.—Section (a) SENIOR EXECUTIVE PAY.—Chapter 53 of (1), the Secretary of Defense shall submit to 5343(c)(4) of title 5, United States Code, is title 5, United States Code, is amended— Congress a report— amended by inserting before the semicolon at (1) in section 5304— (A) commenting on the Commission’s findings the end the following: ‘‘, and for any hardship (A) in subsection (g)(2)— and conclusions; and or hazard related to asbestos, such differentials (i) in subparagraph (A) by striking ‘‘subpara- (B) explaining what actions, if any, the Sec- shall be determined by applying occupational graphs (A)–(E)’’ and inserting ‘‘subparagraphs retary intends to take to implement the rec- safety and health standards consistent with the (A)–(D)’’; and ommendations of the Commission and, with re- permissible exposure limit promulgated by the (ii) in subparagraph (B) by striking ‘‘sub- spect to each such recommendation, the Sec- Secretary of Labor under the Occupational section (h)(1)(F)’’ and inserting ‘‘subsection retary’s reasons for implementing, or not imple- Safety and Health Act of 1970’’. (h)(1)(D)’’; menting, the recommendation. (b) GENERAL SCHEDULE PAY RATES.—Section (B) in subsection (h)(1)— (d) HEARINGS AND PROCEDURES.— 5545(d) of such title is amended by inserting be- (i) by striking subparagraphs (B) and (C); (1) HEARINGS.—The Commission may, for the fore the period at the end of the first sentence (ii) by redesignating subparagraphs (D), (E), purpose of carrying out the purposes of this sec- the following: ‘‘, and for any hardship or haz- and (F) as subparagraphs (B), (C), and (D), re- tion, hold hearings and take testimony. ard related to asbestos, such differentials shall spectively;

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.041 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4459 (iii) in clause (ii) by striking ‘‘or’’ at the end; 5304 or section 5304a of title 5, was equal to or entity of the Government which provides or (iv) in clause (iii) by striking the period and greater than the rate of basic pay payable for plans to provide a flexible spending account op- inserting a semicolon; and level 5 of the Senior Executive Service on the tion for its employees shall not impose any fee (v) by adding at the end the following new day prior to the enactment of that Act,’’. with respect to any of its employees in order to clauses: (2) Subchapter I of chapter 73 of title 5, defray the administrative costs associated there- ‘‘(iv) a Senior Executive Service position United States Code, is amended by inserting at with. under section 3132; the end the following new section: (b) OFFSET OF ADMINISTRATIVE COSTS.—Each ‘‘(v) a position in the Federal Bureau of In- ‘‘§ 7302. Post-employment notification such agency or employing entity that offers a flexible spending account option under a pro- vestigation and Drug Enforcement Administra- ‘‘(a) Not later than the effective date of the gram established or administered by the Office tion Senior Executive Service under section 3151; amendments made by sections 3 and 4 of the or of Personnel Management shall periodically for- Federal Employees Pay for Performance Act of ward to such Office, or entity designated by ‘‘(vi) a position in a system equivalent to the 2003, or 180 days after the date of enactment of system in clause (iv), as determined by the such Office, the amount necessary to offset the that Act, whichever is later, the Office of Per- administrative costs of such program which are President’s Pay Agent designated under sub- sonnel Management shall, in consultation with section (d).’’; and attributable to such agency. the Attorney General and the Office of Govern- (c) REPORTS.—(1) The Office shall submit a re- (C) in subsection (h)(2)(B)— ment Ethics, promulgate regulations requiring (i) in clause (i)— port to the Committee on Government Reform of that each Executive branch agency notify any (I) by striking ‘‘subparagraphs (A) through the House of Representatives and the Committee employee of that agency who is subject to the (E)’’ and inserting ‘‘subparagraphs (A) through on Governmental Affairs of the Senate no later provisions of section 207(c)(1) of title 18, as a re- (C)’’; and than March 31, 2004, specifying the administra- sult of the amendment to section 207(c)(2)(A)(ii) (II) by striking ‘‘clause (i) or (ii)’’ and insert- tive costs associated with the Governmentwide of that title by that Act. ing ‘‘clause (i), (ii), (iii), (iv), (v), or (vii)’’; and program (referred to in subsection (b)) for fiscal ‘‘(b) The regulations shall require that notice year 2003, as well as the projected administra- (ii) in clause (ii)— be given before, or as part of, the action that af- (I) by striking ‘‘paragraph (1)(F)’’ and insert- tive costs of such program for each of the 5 fis- fects the employee’s coverage under section ing ‘‘paragraph (1)(D)’’; and cal years thereafter. 207(c)(1) of title 18, by virtue of the provisions of (II) by striking ‘‘clause (i) or (ii)’’ and insert- (2) At the end of each of the first 3 calendar section 207(c)(2)(A)(ii) of that title, and again ing ‘‘clause (i), (ii), (iii), (iv), (v), or (vi)’’; years in which an agency or other employing when employment or service in the covered posi- (2) by amending section 5382 to read as fol- entity offers a flexible spending account option tion is terminated.’’. lows: under this section, such agency or entity shall (c) The table of sections for chapter 73 of title submit a report to the Office of Management ‘‘§ 5382. Establishment of rates of pay for the 5, United States Code, is amended by adding and Budget showing the amount of its employ- Senior Executive Service after the item relating to section 7301 the fol- ment tax savings in such year which are attrib- ‘‘(a) Subject to regulations prescribed by the lowing: utable to such option, net of administrative fees Office of Personnel Management, there shall be ‘‘7302. Post-employment notification.’’. paid under section (b). established a range of rates of basic pay for the (c) EFFECTIVE DATE AND APPLICABILITY.—(1) SEC. 1109. CLARIFICATION TO HATCH ACT; LIMI- Senior Executive Service, and each senior execu- The amendments made by this section shall take TATION ON DISCLOSURE OF CER- tive shall be paid at one of the rates within the effect on the first day of the first pay period be- TAIN RECORDS. range, based on individual performance, con- ginning on or after the first January 1 following (a) CLARIFICATION TO HATCH ACT.—No Fed- tribution to the agency’s performance, or both, the date of enactment of this section. eral employee or individual who voluntarily sep- as determined under a rigorous performance (2) The amendments made by subsection (a) arates from the civil service (including by trans- management system. The lowest rate of the may not result in a reduction in the rate of ferring to an international organization in the range shall not be less than the minimum rate of basic pay for any senior executive during the circumstances described in section 3582(a) of basic pay payable under section 5376, and the first year after the effective date of those title 5, United States Code) shall be subject to highest rate, for any position under this system amendments. enforcement of the provisions of section 7326 of or an equivalent system as determined by the (3) For the purposes of subsection (c)(2), the such title (including any loss of rights under President’s Pay Agent designated under section rate of basic pay for a senior executive shall be subchapter IV of chapter 35 of such title result- 5304(d), shall not exceed the rate for level III of deemed to be the rate of basic pay set for the ing from any proceeding under such section the Executive Schedule. The payment of the senior executive under section 5383 of title 5, 7326), except that this subsection shall not apply rates shall not be subject to the pay limitation United States Code, plus applicable locality pay in the event that such employee or individual of section 5306(e) or 5373. paid to that senior executive, as of the date of subsequently becomes reemployed in the civil ‘‘(b) Notwithstanding the provisions of sub- enactment of this Act. service. The preceding sentence shall apply to section (a), the applicable maximum shall be any complaint which is filed with or pending be- SEC. 1107. DESIGN ELEMENTS OF PAY-FOR-PER- level II of the Executive Schedule for any agen- FORMANCE SYSTEMS IN DEM- fore the Merit Systems Protection Board after cy that is certified under section 5307 as having ONSTRATION PROJECTS. the date of the enactment of this Act. a performance appraisal system which, as de- A pay-for-performance system may not be ini- (b) LIMITATION ON DISCLOSURE OF CERTAIN signed and applied, makes meaningful distinc- tiated under chapter 47 of title 5, United States RECORDS.—Notwithstanding any other provision tions based on relative performance. Code, after the date of enactment of this Act, of law, rule, or regulation, nothing described in ‘‘(c) No employee may suffer a reduction in unless it incorporates the following elements: paragraph (2) or (3) of use ‘‘q’’ of the proposed pay by reason of transfer from an agency with (1) adherence to merit principles set forth in revisions published in the Federal Register on an applicable maximum rate of pay prescribed section 2301 of such title; July 12, 2001 (66 Fed. Reg. 36613) shall be con- under subsection (b) to an agency with an ap- (2) a fair, credible, and transparent employee sidered to constitute a routine use of records plicable maximum rate of pay prescribed under performance appraisal system; maintained by the Office of Special Counsel. subsection (a).’’; and (3) a link between elements of the pay-for-per- (c) DEFINITIONS.—For purposes of this sec- (3) in section 5383— formance system, the employee performance ap- tion— (A) in subsection (a) by striking ‘‘which of the praisal system, and the agency’s strategic plan; (1) the term ‘‘Federal employee or individual’’ rates established under section 5382 of this title’’ (4) a means for ensuring employee involve- means any employee or individual, as referred and inserting ‘‘which of the rates within a ment in the design and implementation of the to in section 7326 of title 5, United States Code; (2) the term ‘‘civil service’’ has the meaning range established under section 5382’’; and system; (B) in subsection (c) by striking ‘‘for any pay (5) adequate training and retraining for su- given such term by section 2101 of title 5, United adjustment under section 5382 of this title’’ and pervisors, managers, and employees in the im- States Code; (3) the term ‘‘international organization’’ has inserting ‘‘as provided in regulations prescribed plementation and operation of the pay-for-per- the meaning given such term by section 3581 of by the Office under section 5385’’. formance system; title 5, United States Code; and (b) POST-EMPLOYMENT RESTRICTIONS.—(1) (6) a process for ensuring ongoing perform- (4) the terms ‘‘routine use’’ and ‘‘record’’ have Clause (ii) of section 207(c)(2)(A) of title 18, ance feedback and dialogue between super- the respective meanings given such terms under United States Code is amended to read as fol- visors, managers, and employees throughout the section 552a(a) of title 5, United States Code. lows: appraisal period, and setting timetables for re- SEC. 1110. EMPLOYEE SURVEYS. ‘‘(ii) employed in a position which is not re- view; (a) IN GENERAL.—Each agency shall conduct ferred to in clause (i) and for which that person (7) effective safeguards to ensure that the an annual survey of its employees (including is paid at a rate of basic pay which is equal to management of the system is fair and equitable survey questions unique to the agency and ques- or greater than 96 percent of the rate of basic and based on employee performance; and tions prescribed under subsection (b)) to assess— (8) a means for ensuring that adequate agency pay for level II of the Executive Schedule, or, (1) leadership and management practices that resources are allocated for the design, implemen- for a period of 2 years following the enactment contribute to agency performance; and of the Federal Employees Pay for Performance tation, and administration of the pay-for-per- (2) employee satisfaction with— Act of 2003, a person who, on the day prior to formance system. (A) leadership policies and practices; the enactment of that Act, was employed in a SEC. 1108. FEDERAL FLEXIBLE BENEFITS PLAN (B) work environment; position which is not referred to in clause (i) ADMINISTRATIVE COSTS. (C) rewards and recognition for professional and for which the rate of basic pay, exclusive of (a) IN GENERAL.—Notwithstanding any other accomplishment and personal contributions to any locality-based pay adjustment under section provision of law, an agency or other employing achieving organizational mission;

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.041 H21PT1 H4460 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (D) opportunity for professional development ‘‘(E) any rule or regulation prescribed under fected a written description of the proposed sys- and growth; and any provision of law referred to in this para- tem or adjustment (including the reasons why it (E) opportunity to contribute to achieving or- graph; is considered necessary); ganizational mission. ‘‘(4) ensure that employees may organize, bar- ‘‘(ii) give such representatives at least 30 cal- (b) REGULATIONS.—The Office of Personnel gain collectively as provided for in this chapter, endar days (unless extraordinary circumstances Management shall issue regulations prescribing and participate through labor organizations of require earlier action) to review and make rec- survey questions that should appear on all their own choosing in decisions which affect ommendations with respect to the proposal; and agency surveys under subsection (a) in order to them, subject to the provisions of this chapter ‘‘(iii) give any recommendations received from allow a comparison across agencies. and any exclusion from coverage or limitation such representatives under clause (ii) full and (c) AVAILABILITY OF RESULTS.—The results of on negotiability established pursuant to law; fair consideration in deciding whether or how to the agency surveys under subsection (a) shall be ‘‘(5) not be limited by any specific law or au- proceed with the proposal. made available to the public and posted on the thority under this title that is waivable under ‘‘(B) Following receipt of recommendations, if website of the agency involved, unless the head this chapter or by any provision of this chapter any, from such employee representatives with of such agency determines that doing so would or any rule or regulation prescribed under this respect to a proposal described in subparagraph jeopardize or negatively impact national secu- title that is waivable under this chapter, except (A), the Secretary and the Director shall accept rity. as specifically provided for in this section; and such modifications to the proposal in response (d) AGENCY DEFINED.—For purposes of this ‘‘(6) include a performance management sys- to the recommendations as they determine advis- section, the term ‘‘agency’’ means an Executive tem that incorporates the following elements: able and shall, with respect to any parts of the agency (as defined by section 105 of title 5, ‘‘(A) adherence to merit principles set forth in proposal as to which they have not accepted the United States Code). section 2301; recommendations— ‘‘(B) a fair, credible, and transparent em- Subtitle B—Department of Defense National ‘‘(i) notify Congress of those parts of the pro- ployee performance appraisal system; Security Personnel System posal, together with the recommendations of the ‘‘(C) a link between the performance manage- employee representatives; SEC. 1111. DEPARTMENT OF DEFENSE NATIONAL ment system and the agency’s strategic plan; ‘‘(ii) meet and confer for not less than 30 cal- SECURITY PERSONNEL SYSTEM. ‘‘(D) a means for ensuring employee involve- endar days with the employee representatives, (a) IN GENERAL.—(1) Subpart I of part III of ment in the design and implementation of the in order to attempt to reach agreement on title 5, United States Code, is amended by add- system; whether or how to proceed with those parts of ing at the end the following new chapter: ‘‘(E) adequate training and retraining for su- the proposal; and ‘‘CHAPTER 99—DEPARTMENT OF DEFENSE pervisors, managers, and employees in the im- ‘‘(iii) at the Secretary’s option, or if requested NATIONAL SECURITY PERSONNEL SYSTEM plementation and operation of the performance by a majority of the employee representatives management system; ‘‘Sec. participating, use the services of the Federal ‘‘(F) a process for ensuring ongoing perform- Mediation and Conciliation Service during such ‘‘9901. Definitions. ance feedback and dialogue between super- ‘‘9902. Establishment of human resources man- meet and confer period to facilitate the process visors, managers, and employees throughout the of attempting to reach agreement. agement system. appraisal period, and setting timetables for re- ‘‘9903. Attracting highly qualified experts. ‘‘(C)(i) Any part of the proposal as to which view; the representatives do not make a recommenda- ‘‘9904. Employment of older Americans. ‘‘(G) effective safeguards to ensure that the tion, or as to which the recommendations are ‘‘9905. Special pay and benefits for certain em- management of the system is fair and equitable accepted by the Secretary and the Director, may ployees outside the United States. and based on employee performance; and be implemented immediately. ‘‘§ 9901. Definitions ‘‘(H) a means for ensuring that adequate ‘‘(ii) With respect to any parts of the proposal agency resources are allocated for the design, ‘‘For purposes of this chapter— as to which recommendations have been made ‘‘(1) the term ‘Director’ means the Director of implementation, and administration of the per- but not accepted by the Secretary and the Direc- the Office of Personnel Management; and formance management system. tor, at any time after 30 calendar days have ‘‘(2) the term ‘Secretary’ means the Secretary ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The elapsed since the initiation of the congressional of Defense. other provisions of this part referred to in sub- section (b)(3)(D) are (to the extent not otherwise notification, consultation, and mediation proce- ‘‘§ 9902. Establishment of human resources dures set forth in subparagraph (B), if the Sec- management system specified in this title)— ‘‘(1) subparts A, B, E, G, and H of this part; retary, in his discretion, determines that further ‘‘(a) IN GENERAL.—Notwithstanding any other and consultation and mediation is unlikely to provision of this part, the Secretary may, in reg- ‘‘(2) chapters 41, 45, 47, 55 (except subchapter produce agreement, the Secretary may imple- ulations prescribed jointly with the Director, es- V thereof), 57, 59, 72, 73, and 79, and this chap- ment any or all of such parts (including any tablish, and from time to time adjust, a human ter. modifications made in response to the rec- resources management system for some or all of ‘‘(d) LIMITATIONS RELATING TO PAY.—(1) ommendations as the Secretary determines ad- the organizational or functional units of the De- Nothing in this section shall constitute author- visable), but only after 30 days have elapsed partment of Defense. If the Secretary certifies ity to modify the pay of any employee who after notifying Congress of the decision to imple- that issuance or adjustment of a regulation, or serves in an Executive Schedule position under ment the part or parts involved (as so modified, the inclusion, exclusion, or modification of a subchapter II of chapter 53 of this title. if applicable). particular provision therein, is essential to the ‘‘(2) Except as provided for in paragraph (1), ‘‘(iii) The Secretary shall notify Congress national security, the Secretary may, subject to the total amount in a calendar year of allow- promptly of the implementation of any part of the decision of the President, waive the require- ances, differentials, bonuses, awards, or other the proposal and shall furnish with such notice ment in the preceding sentence that the regula- similar cash payments paid under this title to an explanation of the proposal, any changes tion or adjustment be issued jointly with the Di- any employee who is paid under section 5376 or made to the proposal as a result of recommenda- rector. 5383 of this title or under title 10 or under other tions from the employee representatives, and of ‘‘(b) SYSTEM REQUIREMENTS.—Any system es- comparable pay authority established for pay- the reasons why implementation is appropriate tablished under subsection (a) shall— ment of Department of Defense senior executive under this subparagraph. ‘‘(1) be flexible; or equivalent employees may not exceed the ‘‘(D) If a proposal described in subparagraph ‘‘(2) be contemporary; total annual compensation payable to the Vice (A) is implemented, the Secretary and the Direc- ‘‘(3) not waive, modify, or otherwise affect— President under section 104 of title 3. tor shall— ‘‘(A) the public employment principles of merit ‘‘(3) To the maximum extent practicable, the ‘‘(i) develop a method for the employee rep- and fitness set forth in section 2301, including rates of compensation for civilian employees at resentatives to participate in any further plan- the principles of hiring based on merit, fair the Department of Defense shall be adjusted at ning or development which might become nec- treatment without regard to political affiliation the same rate, and in the same proportion, as essary; and or other nonmerit considerations, equal pay for are rates of compensation for members of the ‘‘(ii) give the employee representatives ade- equal work, and protection of employees against uniformed services. quate access to information to make that par- reprisal for whistleblowing; ‘‘(e) PROVISIONS TO ENSURE COLLABORATION ticipation productive. ‘‘(B) any provision of section 2302, relating to WITH EMPLOYEE REPRESENTATIVES.—(1) In ‘‘(2) The Secretary may, at the Secretary’s dis- prohibited personnel practices; order to ensure that the authority of this section cretion, engage in any and all collaboration ac- ‘‘(C)(i) any provision of law referred to in sec- is exercised in collaboration with, and in a man- tivities described in this subsection at an organi- tion 2302(b)(1), (8), and (9); or ner that ensures the participation of, employee zational level above the level of exclusive rec- ‘‘(ii) any provision of law implementing any representatives in the planning, development, ognition. provision of law referred to in section 2302(b)(1), and implementation of any human resources ‘‘(3) In the case of any employees who are not (8), and (9) by— management system or adjustments to such sys- within a unit with respect to which a labor or- ‘‘(I) providing for equal employment oppor- tem under this section, the Secretary and the ganization is accorded exclusive recognition, the tunity through affirmative action; or Director shall provide for the following: Secretary and the Director may develop proce- ‘‘(II) providing any right or remedy available ‘‘(A) The Secretary and the Director shall, dures for representation by any appropriate or- to any employee or applicant for employment in with respect to any proposed system or adjust- ganization which represents a substantial per- the public service; ment— centage of those employees or, if none, in such ‘‘(D) any other provision of this part (as de- ‘‘(i) provide to the employee representatives other manner as may be appropriate, consistent scribed in subsection (c)); or representing any employees who might be af- with the purposes of this subsection.

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‘‘(f) PROVISIONS REGARDING NATIONAL LEVEL or both. This authority may be used to reduce the position. If the employment is within the De- BARGAINING.—(1) Any human resources man- the number of personnel employed by the De- partment of Defense, the Secretary may waive agement system implemented or modified under partment of Defense or to restructure the work- the repayment if the individual involved is the this chapter may include employees of the De- force to meet mission objectives without reduc- only qualified applicant available for the posi- partment of Defense from any bargaining unit ing the overall number of personnel. This au- tion. If the employment is with an entity in the with respect to which a labor organization has thority is in addition to, and notwithstanding, legislative branch, the head of the entity or the been accorded exclusive recognition under chap- any other authorities established by law or reg- appointing official may waive the repayment if ter 71 of this title. ulation for such programs. the individual involved possesses unique abili- ‘‘(2) For any bargaining unit so included ‘‘(2) For purposes of this section, the term ‘em- ties and is the only qualified applicant available under paragraph (1), the Secretary may bargain ployee’ means an employee of the Department of for the position. If the employment is with the at an organizational level above the level of ex- Defense, serving under an appointment without judicial branch, the Director of the Administra- clusive recognition. Any such bargaining shall— time limitation, except that such term does not tive Office of the United States Courts may ‘‘(A) be binding on all subordinate bargaining include— waive the repayment if the individual involved units at the level of recognition and their exclu- ‘‘(A) a reemployed annuitant under sub- possesses unique abilities and is the only quali- sive representatives, and the Department of De- chapter III of chapter 83 or chapter 84 of this fied applicant available for the position. fense and its subcomponents, without regard to title, or another retirement system for employees ‘‘(6) Under this program, early retirement and levels of recognition; of the Federal Government; separation pay may be offered only pursuant to ‘‘(B) supersede all other collective bargaining ‘‘(B) an employee having a disability on the regulations established by the Secretary, subject agreements, including collective bargaining basis of which such employee is or would be eli- to such limitations or conditions as the Sec- agreements negotiated with an exclusive rep- gible for disability retirement under any of the retary may require. resentative at the level of recognition, except as retirement systems referred to in paragraph (1); ‘‘(i) PROVISIONS RELATING TO REEMPLOY- otherwise determined by the Secretary; or MENT.—If annuitant receiving an annuity from ‘‘(C) not be subject to further negotiations for ‘‘(C) for purposes of eligibility for separation the Civil Service Retirement and Disability any purpose, including bargaining at the level incentives under this section, an employee who Fund becomes employed in a position within the of recognition, except as provided for by the Sec- is in receipt of a decision notice of involuntary Department of Defense, his annuity shall con- retary; and separation for misconduct or unacceptable per- tinue. An annuitant so reemployed shall not be ‘‘(D) except as otherwise specified in this formance. considered an employee for purposes of chapter chapter, not be subject to review or to statutory ‘‘(3) An employee who is at least 50 years of 83 or 84. third-party dispute resolution procedures out- age and has completed 20 years of service, or ‘‘(j) ADDITIONAL PROVISIONS RELATING TO side the Department of Defense. has at least 25 years of service, may, pursuant PERSONNEL MANAGEMENT.—Notwithstanding ‘‘(3) The National Guard Bureau and the to regulations promulgated under this section, subsection (c), the Secretary may exercise au- Army and Air Force National Guard are ex- apply and be retired from the Department of De- thorities that would otherwise be available to cluded from coverage under this subsection. fense and receive benefits in accordance with the Secretary under paragraphs (1), (3), and (8) ‘‘(4) Any bargaining completed pursuant to chapter 83 or 84 if the employee has been em- of section 4703(a) of this title. this subsection with a labor organization not ployed continuously within the Department of ‘‘§ 9903. Attracting highly qualified experts otherwise having national consultation rights Defense for more than 30 days before the date with the Department of Defense or its sub- on which the determination to conduct a reduc- ‘‘(a) IN GENERAL.—The Secretary may carry components shall not create any obligation on tion or restructuring within 1 or more Depart- out a program using the authority provided in the Department of Defense or its subcomponents ment of Defense components is approved pursu- subsection (b) in order to attract highly quali- to confer national consultation rights on such a ant to the program established under subsection fied experts in needed occupations, as deter- labor organization. (a). mined by the Secretary. ‘‘(g) PROVISIONS RELATING TO APPELLATE ‘‘(4)(A) Separation pay shall be paid in a ‘‘(b) AUTHORITY.—Under the program, the PROCEDURES.—(1) The Secretary shall— lump sum or in installments and shall be equal Secretary may— ‘‘(A) establish an appeals process that pro- to the lesser of— ‘‘(1) appoint personnel from outside the civil vides that employees of the Department of De- ‘‘(i) an amount equal to the amount the em- service and uniformed services (as such terms fense are entitled to fair treatment in any ap- ployee would be entitled to receive under section are defined in section 2101 of this title) to posi- peals that they bring in decisions relating to 5595(c) of this title, if the employee were entitled tions in the Department of Defense without re- their employment; and to payment under such section; or gard to any provision of this title governing the ‘‘(B) in prescribing regulations for any such ‘‘(ii) $25,000. appointment of employees to positions in the De- appeals process— ‘‘(B) Separation pay shall not be a basis for partment of Defense; ‘‘(i) ensure that employees of the Department payment, and shall not be included in the com- ‘‘(2) prescribe the rates of basic pay for posi- of Defense are afforded the protections of due putation, of any other type of Government ben- tions to which employees are appointed under process; and efit. Separation pay shall not be taken into ac- paragraph (1) at rates not in excess of the max- ‘‘(ii) toward that end, be required to consult count for the purpose of determining the imum rate of basic pay authorized for senior- with the Merit Systems Protection Board before amount of any severance pay to which an indi- level positions under section 5376 of this title, as issuing any such regulations. vidual may be entitled under section 5595 of this increased by locality-based comparability pay- ‘‘(2) Any regulations establishing the appeals title, based on any other separation. ments under section 5304 of this title, notwith- process required by paragraph (1) that relate to ‘‘(C) Separation pay, if paid in installments, standing any provision of this title governing any matters within the purview of chapter 77 shall cease to be paid upon the recipient’s ac- the rates of pay or classification of employees in shall— ceptance of employment by the Federal Govern- the executive branch; and ‘‘(A) provide for an independent review panel, ment, or commencement of work under a per- ‘‘(3) pay any employee appointed under para- appointed by the President, which shall not in- sonal services contract as described in para- graph (1) payments in addition to basic pay clude the Secretary or the Deputy Secretary of graph (5). within the limits applicable to the employee Defense or any of their subordinates; ‘‘(5)(A) An employee who receives separation under subsection (d). ‘‘(B) be issued only after— pay under such program may not be reemployed ‘‘(c) LIMITATION ON TERM OF APPOINTMENT.— ‘‘(i) notification to the appropriate committees by the Department of Defense for a 12-month (1) Except as provided in paragraph (2), the of Congress; and period beginning on the effective date of the em- service of an employee under an appointment ‘‘(ii) consultation with the Merit Systems Pro- ployee’s separation, unless this prohibition is made pursuant to this section may not exceed 5 tection Board and the Equal Employment Op- waived by the Secretary on a case-by-case basis. years. portunity Commission; ‘‘(B) An employee who receives separation ‘‘(2) The Secretary may, in the case of a par- ‘‘(C) ensure the availability of procedures pay under this section on the basis of a separa- ticular employee, extend the period to which that— tion occurring on or after the date of the enact- service is limited under paragraph (1) by up to ‘‘(i) are consistent with requirements of due ment of the Federal Workforce Restructuring 1 additional year if the Secretary determines process; and Act of 1994 (Public Law 103–236; 108 Stat. 111) that such action is necessary to promote the De- ‘‘(ii) provide, to the maximum extent prac- and accepts employment with the Government of partment of Defense’s national security mis- ticable, for the expeditious handling of any mat- the United States, or who commences work sions. ters involving the Department of Defense; and through a personal services contract with the ‘‘(d) LIMITATIONS ON ADDITIONAL PAY- ‘‘(D) modify procedures under chapter 77 only United States within 5 years after the date of MENTS.—(1) The total amount of the additional insofar as such modifications are designed to the separation on which payment of the separa- payments paid to an employee under this sec- further the fair, efficient, and expeditious reso- tion pay is based, shall be required to repay the tion for any 12-month period may not exceed the lution of matters involving the employees of the entire amount of the separation pay to the De- lesser of the following amounts: Department of Defense. partment of Defense. If the employment is with ‘‘(A) $50,000 in fiscal year 2004, which may be ‘‘(h) PROVISIONS RELATED TO SEPARATION AND an Executive agency (as defined by section 105 adjusted annually thereafter by the Secretary, RETIREMENT INCENTIVES.—(1) The Secretary of this title) other than the Department of De- with a percentage increase equal to one-half of may establish a program within the Department fense, the Director may, at the request of the 1 percentage point less than the percentage by of Defense under which employees may be eligi- head of that agency, waive the repayment if the which the Employment Cost Index, published ble for early retirement, offered separation in- individual involved possesses unique abilities quarterly by the Bureau of Labor Statistics, for centive pay to separate from service voluntarily, and is the only qualified applicant available for the base quarter of the year before the preceding

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00091 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.042 H21PT1 H4462 CONGRESSIONAL RECORD — HOUSE May 21, 2003 calendar year exceeds the Employment Cost guishable from normal Government employ- SEC. 1202. RECOGNITION OF SUPERIOR NONCOM- Index for the base quarter of the second year be- ment— BAT ACHIEVEMENTS OR PERFORM- fore the preceding calendar year. ‘‘(1) allowances and benefits— ANCE BY MEMBERS OF FRIENDLY ‘‘(B) The amount equal to 50 percent of the ‘‘(A) comparable to those provided by the Sec- FOREIGN FORCES AND OTHER FOR- EIGN NATIONALS. employee’s annual rate of basic pay. retary of State to members of the Foreign Service (a) AUTHORITY.—Chapter 53 of title 10, United For purposes of this paragraph, the term ‘base under chapter 9 of title I of the Foreign Service States Code, is amended by inserting after sec- quarter’ has the meaning given such term by Act of 1980 (Public Law 96–465, 22 U.S.C. 4081 et tion 1051a the following new section: section 5302(3). seq.) or any other provision of law; or ‘‘(2) An employee appointed under this section ‘‘(B) comparable to those provided by the Di- ‘‘§ 1051b. Bilateral or regional cooperation is not eligible for any bonus, monetary award, rector of Central Intelligence to personnel of the programs: awards and mementos funds to or other monetary incentive for service except Central Intelligence Agency; and recognize superior noncombat achievements for payments authorized under this section. ‘‘(2) special retirement accrual benefits and or performance ‘‘(3) Notwithstanding any other provision of disability in the same manner provided for by ‘‘(a) GENERAL AUTHORITY.—The Secretary of this subsection or of section 5307, no additional the Central Intelligence Agency Retirement Act Defense may present awards and mementos pur- payments may be paid to an employee under (50 U.S.C. 2001 et seq.) and in section 18 of the chased with funds appropriated for operation this section in any calendar year if, or to the ex- Central Intelligence Agency Act of 1949 (50 and maintenance of the armed forces to recog- tent that, the employee’s total annual com- U.S.C. 403r).’’. nize superior noncombat achievements or per- pensation will exceed the maximum amount of (2) The table of chapters for part III of such formance by members of friendly foreign forces total annual compensation payable at the sal- title is amended by adding at the end of subpart and other foreign nationals that significantly ary set in accordance with section 104 of title 3. I the following new item: enhance or support the National Security Strat- ‘‘(e) SAVINGS PROVISIONS.—In the event that ‘‘99. Department of Defense National egy of the United States. the Secretary terminates this program, in the Security Personnel System ...... 9901’’. ‘‘(b) ACTIVITIES THAT MAY BE RECOGNIZED.— case of an employee who, on the day before the (b) IMPACT ON DEPARTMENT OF DEFENSE CI- Activities that may be recognized under sub- termination of the program, is serving in a posi- VILIAN PERSONNEL.—(1) Any exercise of author- section (a) include superior achievement or per- tion pursuant to an appointment under this sec- ity under chapter 99 of such title (as added by formance that— tion— subsection (a)), including under any system es- ‘‘(1) plays a crucial role in shaping the inter- ‘‘(1) the termination of the program does not tablished under such chapter, shall be in con- national security environment in ways that pro- terminate the employee’s employment in that po- formance with the requirements of this sub- tect and promote United States interests; sition before the expiration of the lesser of— section. ‘‘(2) supports or enhances United States over- ‘‘(A) the period for which the employee was (2) No other provision of this Act or of any seas presence and peacetime engagement activi- appointed; or amendment made by this Act may be construed ties, including defense cooperation initiatives, ‘‘(B) the period to which the employee’s serv- or applied in a manner so as to limit, supersede, security assistance training and programs, and ice is limited under subsection (c), including any or otherwise affect the provisions of this section, training and exercises with the armed forces; extension made under this section before the ter- except to the extent that it does so by specific ‘‘(3) helps to deter aggression and coercion, mination of the program; and reference to this section. build coalitions, and promote regional stability; ‘‘(2) the rate of basic pay prescribed for the TITLE XII—MATTERS RELATING TO OTHER or position under this section may not be reduced ‘‘(4) serves as a role model for appropriate NATIONS as long as the employee continues to serve in the conduct by military forces in emerging democ- position without a break in service. SEC. 1201. EXPANSION OF AUTHORITY TO PRO- racies. VIDE ADMINISTRATIVE SUPPORT ‘‘(c) LIMITATION.—Expenditures for the pur- ‘‘§ 9904. Employment of older Americans AND SERVICES AND TRAVEL AND ‘‘(a) IN GENERAL.—Notwithstanding any other SUBSISTENCE EXPENSES FOR CER- chase or production of mementos for award provision of law, the Secretary may appoint TAIN FOREIGN LIAISON OFFICERS. under this section may not exceed the ‘minimal older Americans into positions in the excepted (a) ADMINISTRATIVE SUPPORT AND SERVICES.— value’ established in accordance with section service for a period not to exceed 2 years, pro- Subsection (a) of section 1051a of title 10, United 7342(a)(5) of title 5.’’. vided that— States Code, is amended— (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(1) any such appointment shall not result (1) by striking ‘‘involved in a coalition with tions at the beginning of such chapter is amend- in— the United States’’; ed by inserting after the item relating to section ‘‘(A) the displacement of individuals currently (2) by striking ‘‘temporarily’’; and 1051a the following new item: employed by the Department of Defense (includ- (3) by striking ‘‘ in connection with the plan- ‘‘1051b. Bilateral or regional cooperation pro- ing partial displacement through reduction of ning for, or conduct of, a coalition operation’’. grams: awards and mementos to nonovertime hours, wages, or employment bene- (b) TRAVEL, SUBSISTENCE, AND OTHER EX- recognize superior noncombat fits); or PENSES.—Subsection (b) of such section is achievements or performance.’’. ‘‘(B) the employment of any individual when amended— SEC. 1203. EXPANSION OF AUTHORITY TO WAIVE any other person is in a reduction-in-force sta- (1) by striking ‘‘(1)’’; CHARGES FOR COSTS OF ATTEND- tus from the same or substantially equivalent (2) by striking ‘‘expenses specified in para- ANCE AT GEORGE C. MARSHALL EU- job within the Department of Defense; and graph (2)’’ and inserting ‘‘travel, subsistence, ROPEAN CENTER FOR SECURITY ‘‘(2) the individual to be appointed is other- and similar personal expenses’’; STUDIES. wise qualified for the position, as determined by (3) by striking ‘‘developing country’’ and in- Section 1306(b)(1) of the National Defense Au- the Secretary. serting ‘‘developing nation’’; thorization Act for Fiscal Year 1995 (Public Law ‘‘(b) EFFECT ON EXISTING RETIREMENT BENE- (4) by striking ‘‘in connection with the assign- 103-337; 108 Stat. 2892) is amended by striking FITS.—Notwithstanding any other provision of ment of that officer to the headquarters of a ‘‘of cooperation partner states of the North At- law, an individual appointed pursuant to sub- combatant command as described in subsection lantic Council or the Partnership for Peace’’ section (a) who otherwise is receiving an annu- (a)’’ and inserting ‘‘involved in a coalition and inserting ‘‘from states located in Europe or ity, pension, retired pay, or other similar pay- while the liaison officer is assigned temporarily the territory of the former Soviet Union’’. ment shall not have the amount of said annuity, to a headquarters described in subsection (a) in SEC. 1204. IDENTIFICATION OF GOODS AND TECH- pension, or other similar payment reduced as a connection with the planning for, or conduct of, NOLOGIES CRITICAL FOR MILITARY result of such employment. a coalition operation’’; and SUPERIORITY. ‘‘(c) EXTENSION OF APPOINTMENT.—Notwith- (5) by striking paragraph (2). (a) IN GENERAL.—(1) Subchapter II of chapter standing subsection (a), the Secretary may ex- (c) REIMBURSEMENT.—Subsection (c) of such 148 of title 10, United States Code, is amended tend an appointment made pursuant to this sec- section is amended by striking ‘‘by’’ before by adding at the end the following new section: tion for up to an additional 2 years if the indi- ‘‘subsection (a)’’ and inserting ‘‘under’’. ‘‘§ 2508. Goods and technologies critical for (d) CLERICAL AMENDMENTS.—(1) The heading vidual employee possesses unique knowledge or military superiority: list abilities that are not otherwise available to the for section 1051a of such title is amended to read as follows: ‘‘(a) REQUIREMENT TO MAINTAIN LIST.—(1) Department of Defense. The Secretary of Defense shall maintain a list of ‘‘(d) DEFINITION.—For purposes of this sec- ‘‘§ 1051a. Foreign officers: administrative serv- any goods or technology that, if obtained by a tion, the term ‘older American’ means any cit- ices and support; travel, subsistence, and potential adversary, could undermine the mili- izen of the United States who is at least 55 years other personal expenses’’. tary superiority or qualitative military advan- of age. (2) The subsection heading for subsection (a) tage of the United States over potential adver- ‘‘§ 9905. Special pay and benefits for certain is amended by striking ‘‘AUTHORITY’’ and in- saries. employees outside the United States serting ‘‘ADMINISTRATIVE SERVICES AND SUP- ‘‘(2) In this section, the term ‘goods or tech- ‘‘The Secretary may provide to certain civilian PORT’’. nology’ means— employees of the Department of Defense as- (3) The item relating to such section in the ‘‘(A) any article, natural or manmade sub- signed to activities outside the United States as table of sections at the beginning of chapter 53 stance, material, supply, or manufactured prod- determined by the Secretary to be in support of of each title is amended to read as follows: uct, including inspection and test equipment; Department of Defense activities abroad haz- ‘‘1051a. Foreign officers: administrative services and ardous to life or health or so specialized because and support; travel, subsistence, ‘‘(B) any information and know-how (wheth- of security requirements as to be clearly distin- and other personal expenses.’’. er in tangible form, such as models, prototypes,

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00092 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.042 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4463 drawings, sketches, diagrams, blueprints, or useful contraband to Iraq between 1991 and the (1) A member of the Armed Forces in the Re- manuals, or in intangible form, such as training end of Operation Iraqi Freedom, and the nature public of Colombia for the purpose of rescuing or technical services) that can be used to design, of that contraband. or retrieving United States military or civilian produce, manufacture, utilize, or reconstruct (c) FORM OF REPORT.—The report shall be Government personnel, except that the period goods, including computer software and tech- submitted in unclassified form with a classified for which such a member may be so excluded nical data. annex, if necessary. may not exceed 30 days unless expressly author- ‘‘(b) MATTERS TO BE INCLUDED ON LIST.—The SEC. 1206. AUTHORITY FOR CHECK CASHING AND ized by law. Secretary shall include on the list the following: CURRENCY EXCHANGE SERVICES TO (2) A member of the Armed Forces assigned to ‘‘(1) Any technology or developing critical BE PROVIDED TO FOREIGN MILI- the United States Embassy in Colombia as an technology (including conventional weapons, TARY MEMBERS PARTICIPATING IN attache´, as a member of the security assistance weapons of mass destruction, and delivery sys- CERTAIN ACTIVITIES WITH UNITED office, or as a member of the Marine Corps secu- STATES FORCES. tems) that could enhance a potential adver- rity contingent. (a) AUTHORITY.—Subsection (b) of section 3342 sary’s military capabilities or that is critical to (3) A member of the Armed Forces in Colombia of title 31, United States Code, is amended by the United States maintaining its military supe- to participate in relief efforts in responding to a adding at the end the following new paragraph: riority and qualitative military advantage. natural disaster. ‘‘(8) A member of the military forces of an al- ‘‘(2) Any dual-use good, material, or know- (4) Nonoperational transient military per- lied or coalition nation who is participating in how that could enhance a potential adversary’s sonnel. a joint operation, joint exercise, humanitarian military capabilities or that is critical to the (5) A member of the Armed Forces making a mission, or peacekeeping mission with the United States maintaining its military superi- port call from a military vessel in Colombia. Armed Forces of the United States, but— ority and qualitative military advantage, in- (c) NATIONAL SECURITY WAIVER.—(1) The Sec- ‘‘(A) only if— cluding those used to manufacture weapons of retary of Defense may waive the limitation in ‘‘(i) such disbursing official action for mem- mass destruction and their associated delivery subsection (a) if the Secretary determines that bers of the military forces of that nation is ap- systems. such waiver is in the national security interest proved by the senior United States military com- ‘‘(c) REQUIREMENTS.—The Secretary shall en- of the United States. mander assigned to that operation or mission; sure that— (2) The Secretary shall notify the congres- and ‘‘(1) the list is subject to a systematic, ongoing sional defense committees not later 15 days after ‘‘(ii) that nation has guaranteed payment for assessment and analysis of dual-use tech- the date of the exercise of the waiver authority any deficiency resulting from such disbursing nologies; and under paragraph (1). official action; and ‘‘(2) the list is updated not less often than ‘‘(B) in the case of negotiable instruments, TITLE XIII—COOPERATIVE THREAT RE- every two months. only for a negotiable instrument drawn on a fi- DUCTION WITH STATES OF THE FORMER ‘‘(d) AVAILABILITY.—The list shall be made nancial institution located in the United States SOVIET UNION available— or on a foreign branch of such an institution.’’. ‘‘(1) in unclassified form on the Department of SEC. 1301. SPECIFICATION OF COOPERATIVE (b) TECHNICAL AMENDMENTS.—That sub- THREAT REDUCTION PROGRAMS Defense public website, in a usable form; and section is further amended— AND FUNDS. ‘‘(2) in classified form to the Committee on (1) by striking ‘‘only for—’’ in the matter pre- (a) SPECIFICATION OF CTR PROGRAMS.—For Armed Services of the Senate and the Committee ceding paragraph (1) and inserting ‘‘only for purposes of section 301 and other provisions of on Armed Services of the House of Representa- the following:’’; this Act, Cooperative Threat Reduction pro- tives.’’. (2) by striking ‘‘an’’ at the beginning of para- grams are the programs specified in section (2) The table of sections at the beginning of graph (1) and inserting ‘‘An’’; 1501(b) of the National Defense Authorization such subchapter is amended by adding at the (3) by striking ‘‘personnel’’ in paragraphs (2) Act for Fiscal Year 1997 (Public Law 104–201; end the following new item: and (6) and inserting ‘‘Personnel’’; 110 Stat. 2731; 50 U.S.C. 2362 note). ‘‘2508. Goods and technologies critical for mili- (4) by striking ‘‘a’’ at the beginning of para- (b) FISCAL YEAR 2004 COOPERATIVE THREAT tary superiority: list.’’. graphs (3), (4), (5), and (7) and inserting ‘‘A’’; REDUCTION FUNDS DEFINED.—As used in this (b) DEADLINE FOR ESTABLISHMENT.—The list (5) by striking the semicolon at the end of title, the term ‘‘fiscal year 2004 Cooperative required by section 2508 of title 10, United States paragraphs (1) through (5) and inserting a pe- Threat Reduction funds’’ means the funds ap- Code, as added by subsection (a), shall be estab- riod; propriated pursuant to the authorization of ap- lished not later than 180 days after the enact- (6) by striking ‘‘; or’’ at the end of paragraph propriations in section 301 for Cooperative ment of this Act. (6) and inserting a period; and Threat Reduction programs. SEC. 1205. REPORT ON ACQUISITION BY IRAQ OF (7) by striking ‘‘1752(1))’’ in paragraph (7) and (c) AVAILABILITY OF FUNDS.—Funds appro- ADVANCED WEAPONS. inserting ‘‘1752(1)))’’. priated pursuant to the authorization of appro- (a) REPORT.—Not later than one year after SEC. 1207. REQUIREMENTS FOR TRANSFER TO priations in section 301 for Cooperative Threat the date of the enactment of this Act, the Sec- FOREIGN COUNTRIES OF CERTAIN Reduction programs shall be available for obli- retary of Defense shall submit to the Committees SPECIFIED TYPES OF EXCESS AIR- gation for three fiscal years. CRAFT. on Armed Services and Foreign Relations of the SEC. 1302. FUNDING ALLOCATIONS. (a) EXPANSION OF TRANSFER REQUIREMENT.— Senate and the Committees on Armed Services (a) FUNDING FOR SPECIFIC PURPOSES.—Of the Section 2581 of title 10, United States Code, is and International Relations of the House of $450,800,000 authorized to be appropriated to the amended— Representatives a report on the acquisition by (1) in subsection (a)(1), by striking ‘‘UH–1 Department of Defense for fiscal year 2004 in Iraq of weapons of mass destruction and associ- Huey helicopter or AH–1 Cobra helicopter’’ and section 301(19) for Cooperative Threat Reduction ated delivery systems and the acquisition by inserting ‘‘UH–1 Huey aircraft, AH–1 Cobra air- programs, the following amounts may be obli- Iraq of advanced conventional weapons. craft, T–2 Buckeye aircraft, or T–37 Tweet air- gated for the purposes specified: (b) MATTERS TO BE INCLUDED.—The report craft’’; and (1) For strategic offensive arms elimination in shall include the following: (2) by striking ‘‘helicopter’’ each subsequent Russia, $86,400,000. (1) A description of how Iraq was able to ob- place it appears in such section and inserting (2) For strategic nuclear arms elimination in tain any materials, technology, and know-how ‘‘aircraft’’. Ukraine, $3,900,000. for its nuclear, chemical, biological, ballistic (b) CLERICAL AMENDMENTS.—(1) The heading (3) For nuclear weapons transportation secu- missile, and unmanned aerial vehicle programs, of such section is amended to read as follows: rity in Russia, $23,200,000. and advanced conventional weapons programs, (4) For nuclear weapons storage security in from 1979 through April 2003 from entities (in- ‘‘§ 2581. Specified excess aircraft: require- Russia, $48,000,000. cluding Iraqi citizens) outside of Iraq. ments for transfer to foreign countries’’. (5) For activities designated as Other Program (2) An assessment of the degree to which (2) The item relating to such section in the Support, $13,100,000. United States, foreign, and multilateral export table of sections at the beginning of chapter 153 (6) For defense and military contacts, control regimes prevented acquisition by Iraq of of such title is amended to read as follows: $11,100,000. weapons of mass destruction-related technology ‘‘2581. Specified excess aircraft: requirements for (7) For chemical weapons destruction in Rus- and materials and advanced conventional weap- transfer to foreign countries.’’. sia, $171,500,000. ons and delivery systems since the commence- SEC. 1208. LIMITATION ON NUMBER OF UNITED (8) For biological weapons proliferation pre- ment of international inspections in Iraq. STATES MILITARY PERSONNEL IN vention in the former Soviet Union, $54,200,000. (3) An assessment of the effectiveness of COLOMBIA. (9) For weapons of mass destruction prolifera- United Nations sanctions at halting the flow of (a) LIMITATION.—None of the funds available tion prevention in the states of the former Soviet militarily-useful contraband to Iraq from 1991 to the Department of Defense for any fiscal year Union, $39,400,000. until the end of Operation Iraqi Freedom. may be used to support or maintain more than (b) REPORT ON OBLIGATION OR EXPENDITURE (4) An assessment of how Iraq was able to 500 members of the Armed Forces on duty in the OF FUNDS FOR OTHER PURPOSES.—No fiscal year evade International Atomic Energy Agency and Republic of Colombia at any time. 2004 Cooperative Threat Reduction funds may United Nations inspections regarding chemical, (b) EXCLUSION OF CERTAIN MEMBERS.—For be obligated or expended for a purpose other nuclear, biological, and missile weapons and re- purposes of determining compliance with the than a purpose listed in paragraphs (1) through lated capabilities. limitation in subsection (a), the Secretary of De- (9) of subsection (a) until 30 days after the date (5) Identification and a catalogue of the enti- fense may exclude the following military per- that the Secretary of Defense submits to Con- ties and countries that transferred militarily sonnel: gress a report on the purpose for which the

VerDate Jan 31 2003 03:32 May 22, 2003 Jkt 019060 PO 00000 Frm 00093 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.042 H21PT1 H4464 CONGRESSIONAL RECORD — HOUSE May 21, 2003 funds will be obligated or expended and the (1) the Secretary has determined, through ac- for Fiscal Year 2000 (Public Law 106–65; 22 amount of funds to be obligated or expended. cess to the site, that no biological weapons re- U.S.C. 5952 note) shall not apply to the obliga- Nothing in the preceding sentence shall be con- search prohibited by international law is being tion and expenditure of funds available for obli- strued as authorizing the obligation or expendi- conducted at the site; gation during fiscal year 2004 for the planning, ture of fiscal year 2004 Cooperative Threat Re- (2) the Secretary has assessed the vulner- design, or construction of a chemical weapons duction funds for a purpose for which the obli- ability of the site to external or internal at- destruction facility in Russia if the President gation or expenditure of such funds is specifi- tempts to exploit or obtain dangerous pathogens submits to Congress a written certification that cally prohibited under this title or any other illicitly; and includes— provision of law. (3) the Secretary has begun to implement ap- (A) a statement as to why waiving the condi- (c) LIMITED AUTHORITY TO VARY INDIVIDUAL propriate security measures at the site to reduce tions is important to the national security inter- AMOUNTS.—(1) Subject to paragraphs (2) and that vulnerability and to prevent the diversion ests of the United States; (3), in any case in which the Secretary of De- of dangerous pathogens from legitimate re- (B) a full and complete justification for exer- fense determines that it is necessary to do so in search. cising this waiver; and the national interest, the Secretary may obligate SEC. 1305. AUTHORITY AND FUNDS FOR NON- (C) a plan to promote a full and accurate dis- amounts appropriated for fiscal year 2004 for a PROLIFERATION AND DISAR- closure by Russia regarding the size, content, purpose listed in any of the paragraphs in sub- MAMENT. status, and location of its chemical weapons section (a) in excess of the specific amount au- The Secretary of Defense is authorized to stockpile. thorized for that purpose. transfer $50,000,000 in prior year Cooperative (2) The authority under paragraph (1) shall (2) An obligation of funds for a purpose stated Threat Reduction funds from the Department of expire on September 30, 2004. in any of the paragraphs in subsection (a) in ex- Defense to the Department of State Non- (b) AVAILABILITY OF FUNDS.—(1) Except as cess of the specific amount authorized for such proliferation and Disarmament Fund for disar- provided in paragraph (2), of the funds that purpose may be made using the authority pro- mament and nonproliferation purposes outside may be obligated for a chemical weapons de- vided in paragraph (1) only after— the territory of the former Soviet Union. struction facility in Russia as specified in sec- (A) the Secretary submits to Congress notifica- SEC. 1306. REQUIREMENT FOR ON-SITE MAN- tion 1302(a)(7), the Secretary of Defense may not tion of the intent to do so together with a com- AGERS. obligate an amount greater than two times the plete discussion of the justification for doing so; (a) ON-SITE MANAGER REQUIREMENT.—Before amount obligated by Russia and any other state and obligating any Cooperative Threat Reduction for the planning, design, construction, or oper- (B) 15 days have elapsed following the date of funds for a project described in subsection (b), ation of a chemical weapons destruction facility the notification. the Secretary of Defense shall appoint a United in Russia. (3) The Secretary may not, under the author- States Federal Government employee as an on- (2) Of the funds that may be obligated for a ity provided in paragraph (1), obligate amounts site manager. chemical weapons destruction facility in Russia for a purpose stated in any of paragraphs (5) (b) PROJECTS COVERED.—Subsection (a) ap- as specified in section 1302(a)(7), $71,500,000 through (8) of subsection (a) in excess of 125 plies to a project— shall be available for obligation on and after percent of the specific amount authorized for (1) to be located in a state of the former Soviet October 1, 2003. such purpose. Union; TITLE XIV—SERVICES ACQUISITION SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL (2) which involves dismantlement, destruction, REFORM CERTAIN PERMITS OBTAINED. or storage facilities, or construction of a facility; (a) LIMITATION ON USE OF FUNDS.—With re- and SEC. 1401. SHORT TITLE. spect to a new project or an incomplete project (3) with respect to which the total contribu- This title may be cited as the ‘‘Services Acqui- carried out by the Department of Defense under tion by the Department of Defense is expected to sition Reform Act of 2003’’. Cooperative Threat Reduction programs, not exceed $25,000,000. SEC. 1402. EXECUTIVE AGENCY DEFINED. more than 35 percent of the total costs of the (c) DUTIES OF ON-SITE MANAGER.—The on-site In this title, the term ‘‘executive agency’’ has project may be obligated or expended from Coop- manager appointed under subsection (a) shall— the meaning given that term in section 4(1) of erative Threat Reduction funds for any fiscal (1) develop, in cooperation with representa- the Office of Federal Procurement Policy Act (41 year until— tives from governments of countries partici- U.S.C. 403(1)), unless specifically stated other- (1) the Secretary of Defense determines— pating in the project, a list of those steps or ac- wise. (A) in the case of a new project, the number tivities critical to achieving the project’s disar- Subtitle A—Acquisition Workforce and and type of permits that may be required for the mament or nonproliferation goals; Training lifetime of the project in the proposed location (2) establish a schedule for completing those or locations of the project; and steps or activities; SEC. 1411. DEFINITION OF ACQUISITION. (B) in the case of an incomplete project, the (3) meet with all participants to seek assur- Section 4 of the Office of Federal Procurement number and type of permits that may be re- ances that those steps or activities are being Policy Act (41 U.S.C. 403) is amended by adding quired for the remaining lifetime of the project; completed on schedule; and at the end the following: and (4) suspend United States participation in a ‘‘(16) The term ‘acquisition’— (2) the government of the state of the former project when a non-United States participant ‘‘(A) means the process of acquiring, with ap- Soviet Union in which the project is being or is fails to complete a scheduled step or activity on propriated funds, by contract for purchase or proposed to be carried out obtains and transmits time, unless directed by the Secretary of Defense lease, property or services (including construc- copies of all such permits to the Department of to resume United States participation. tion) that support the missions and goals of an Defense. (d) STEPS OR ACTIVITIES.—Steps or activities executive agency, from the point at which the (b) DEFINITIONS.—In this section, with respect referred to in subsection (c)(1) are those activi- requirements of the executive agency are estab- to a project under Cooperative Threat Reduction ties that, if not completed, will prevent a project lished in consultation with the chief acquisition programs: from achieving its disarmament or nonprolifera- officer of the executive agency; and (1) NEW PROJECT.—The term ‘‘new project’’ tion goals, including, at a minimum, the fol- ‘‘(B) includes— means a project for which no funds have been lowing: ‘‘(i) the process of acquiring property or serv- obligated or expended as of the date of the en- (1) Identification and acquisition of permits ices that are already in existence, or that must actment of this Act. (as defined in section 1303(b)). be created, developed, demonstrated, and evalu- (2) INCOMPLETE PROJECT.—The term ‘‘incom- (2) Verification that the items, substances, or ated; plete project’’ means a project for which funds capabilities to be dismantled, secured, or other- ‘‘(ii) the description of requirements to satisfy have been obligated or expended before the date wise modified are available for dismantlement, agency needs; of the enactment of this Act and which is not securing, or modification. ‘‘(iii) solicitation and selection of sources; completed as of such date. (3) Timely provision of financial, personnel, ‘‘(iv) award of contracts; (3) PERMIT.—The term ‘‘permit’’ means any management, transportation, and other re- ‘‘(v) contract performance; local or national permit for development, gen- sources. ‘‘(vi) contract financing: eral construction, environmental, land use, or (e) NOTIFICATION TO CONGRESS.—In any case ‘‘(vii) management and measurement of con- other purposes that is required in the state of in which the Secretary of Defense directs an on- tract performance through final delivery and the former Soviet Union in which the project is site manager to resume United States participa- payment; and being or is proposed to be carried out. tion in a project under subsection (c)(4), the ‘‘(viii) technical and management functions SEC. 1304. LIMITATION ON USE OF FUNDS FOR BI- Secretary shall concurrently notify Congress of directly related to the process of fulfilling agen- OLOGICAL RESEARCH IN THE such direction. cy requirements by contract.’’. FORMER SOVIET UNION. (f) EFFECTIVE DATE.—This section shall take SEC. 1412. ACQUISITION WORKFORCE TRAINING Of the funds authorized to be appropriated for effect six months after the date of the enactment FUND. biological weapons proliferation prevention pur- of this Act. (a) PURPOSES.—The purposes of this section suant to section 1302, no funds may be obligated SEC. 1307. PROVISIONS RELATING TO FUNDING are to ensure that the Federal acquisition work- for cooperative biodefense research or bioattack FOR CHEMICAL WEAPONS DESTRUC- force— early warning and preparedness under a Coop- TION FACILITY IN RUSSIA. (1) adapts to fundamental changes in the na- erative Threat Reduction program at a site in a (a) INAPPLICABILITY OF LIMITATION ON USE OF ture of Federal Government acquisition of prop- state of the former Soviet Union until the Sec- FUNDS.—(1) The conditions described in section erty and services associated with the changing retary of Defense notifies Congress that— 1305 of the National Defense Authorization Act roles of the Federal Government; and

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(2) acquires new skills and a new perspective (d) REPORT.—Not later than March 31, 2007, regulations, and standards of the executive to enable it to contribute effectively in the the Administrator for Federal Procurement Pol- agency; changing environment of the 21st century. icy shall submit to Congress a report on the im- ‘‘(5) developing and maintaining an acquisi- (b) ESTABLISHMENT OF FUND.—Section 37 of plementation of this section. The report shall in- tion career management program in the execu- the Office of Federal Procurement Policy Act (41 clude— tive agency to ensure that there is an adequate U.S.C. 433) is amended by adding at the end of (1) the Administrator’s assessment of the effi- professional workforce; and subsection (h) the following new paragraph: cacy of the exercise of the authority provided in ‘‘(6) as part of the strategic planning and per- ‘‘(3) ACQUISITION WORKFORCE TRAINING this section in attracting employees with unusu- formance evaluation process required under sec- FUND.—(A) The Administrator of General Serv- ally high qualifications to the acquisition work- tion 306 of title 5, United States Code, and sec- ices shall establish an acquisition workforce force; and tions 1105(a)(28), 1115, 1116, and 9703 of title 31, training fund. The Administrator shall manage (2) any recommendations considered appro- United States Code— the fund through the Federal Acquisition Insti- priate by the Administrator on whether the au- ‘‘(A) assessing the requirements established tute to support the training of the acquisition thority to carry out the program should be ex- for agency personnel regarding knowledge and workforce of the executive agencies other than tended. skill in acquisition resources management and the Department of Defense. The Administrator SEC. 1414. ARCHITECTURAL AND ENGINEERING the adequacy of such requirements for facili- shall consult with the Administrator for Federal ACQUISITION WORKFORCE. tating the achievement of the performance goals Procurement Policy in managing the fund. The Administrator for Federal Procurement established for acquisition management; ‘‘(B) There shall be credited to the acquisition Policy, in consultation with the Secretary of De- ‘‘(B) in order to rectify any deficiency in workforce training fund 5 percent of the fees fense, the Administrator of General Services, meeting such requirements, developing strategies collected by executive agencies (other than the and the Director of the Office of Personnel and specific plans for hiring, training, and pro- Department of Defense) under the following Management, shall develop and implement a fessional development; and contracts: plan to ensure that the Federal Government ‘‘(C) reporting to the head of the executive ‘‘(i) Governmentwide task and delivery-order maintains the necessary capability with respect agency on the progress made in improving ac- contracts entered into under sections 303H and to the acquisition of architectural and engineer- quisition management capability.’’. 303I of the Federal Property and Administrative ing services to— (2) The item relating to section 16 in the table Services Act of 1949 (41 U.S.C. 253h and 253i). (1) ensure that Federal Government employees of contents in section 1(b) of such Act is amend- ‘‘(ii) Governmentwide contracts for the acqui- ed to read as follows: sition of information technology as defined in have the expertise to determine agency require- ments for such services; ‘‘Sec. 16. Chief Acquisition Officers.’’. section 11101 of title 40, United States Code, and (b) REFERENCES TO SENIOR PROCUREMENT EX- multiagency acquisition contracts for such tech- (2) establish priorities and programs (includ- ing acquisition plans); ECUTIVE.— nology authorized by section 11314 of such title. (1) AMENDMENT TO THE OFFICE OF FEDERAL ‘‘(iii) Multiple-award schedule contracts en- (3) establish professional standards; POLICY ACT.— tered into by the Administrator of General Serv- (4) develop scopes of work; and (5) award and administer contracts for such (A) Subsections (a)(2)(A) and (b) of section 20 ices. of the Office of Federal Procurement Policy Act ‘‘(C) The head of an executive agency that services. (41 U.S.C. 418(a)(2)(A), (b)) are amended by administers a contract described in subpara- Subtitle B—Adaptation of Business striking ‘‘senior procurement executive’’ each graph (B) shall remit to the General Services Acquisition Practices place it appears and inserting ‘‘Chief Acquisi- Administration the amount required to be cred- PART I—ADAPTATION OF BUSINESS tion Officer’’. ited to the fund with respect to such contract at MANAGEMENT PRACTICES (B) Subsection (c)(2)(A)(ii) of section 29 of the the end of each quarter of the fiscal year. Office of Federal Procurement Policy Act (41 ‘‘(D) The Administrator of General Services, SEC. 1421. CHIEF ACQUISITION OFFICERS. U.S.C. 425(c)(2)(A)(ii)) is amended by striking through the Office of Federal Acquisition Pol- (a) APPOINTMENT OF CHIEF ACQUISITION OFFI- ‘‘senior procurement executive’’ and inserting icy, shall ensure that funds collected for train- CERS.—(1) Section 16 of the Office of Federal ‘‘Chief Acquisition Officer’’. ing under this section are not used for any pur- Procurement Policy Act (41 U.S.C. 414) is (C) Subsection (c) of section 37 of the Office of pose other than the purpose specified in sub- amended to read as follows: Federal Procurement Policy Act (41 U.S.C. paragraph (A). ‘‘SEC. 16. CHIEF ACQUISITION OFFICERS. 433(c)) is amended— ‘‘(E) Amounts credited to the fund shall be in ‘‘(a) ESTABLISHMENT OF AGENCY CHIEF ACQUI- (i) by striking ‘‘SENIOR PROCUREMENT EXECU- addition to funds requested and appropriated SITION OFFICERS.—The head of each executive TIVE’’ in the heading and inserting ‘‘CHIEF AC- for education and training referred to in para- agency (other than the Department of Defense) QUISITION OFFICER’’; and graph (1). shall appoint or designate a non-career em- (ii) by striking ‘‘senior procurement execu- ‘‘(F) Amounts credited to the fund shall re- ployee as Chief Acquisition Officer for the agen- tive’’ each place it appears and inserting ‘‘Chief main available until expended.’’. cy, who shall— Acquisition Officer’’. (c) EXCEPTION.—This section and the amend- ‘‘(1) have acquisition management as that of- ments made by this section shall not apply to (2) AMENDMENT TO TITLE III OF THE FEDERAL ficial’s primary duty; and PROPERTY AND ADMINISTRATIVE SERVICES ACT OF the acquisition workforce of the Department of ‘‘(2) advise and assist the head of the execu- Defense. 1949.—Sections 302C(b) and 303(f)(1)(B)(iii) of the tive agency and other agency officials to ensure Federal Property and Administrative Services SEC. 1413. ACQUISITION WORKFORCE RECRUIT- that the mission of the executive agency is MENT PROGRAM. Act of 1949 (41 U.S.C. 252c, 253) are amended by achieved through the management of the agen- striking ‘‘senior procurement executive’’ each (a) AUTHORITY TO CARRY OUT PROGRAM.— cy’s acquisition activities. For purposes of sections 3304, 5333, and 5753 of place it appears and inserting ‘‘Chief Acquisi- ‘‘(b) AUTHORITY AND FUNCTIONS OF AGENCY title 5, United States Code, the head of a depart- tion Officer’’. CHIEF ACQUISITION OFFICERS.—The functions of ment or agency of the United States (including (3) AMENDMENT TO TITLE 10, UNITED STATES each Chief Acquisition Officer shall include— CODE.—The following sections of title 10, United the Secretary of Defense) may determine that ‘‘(1) monitoring the performance of acquisition certain Federal acquisition positions are ‘‘short- States Code are amended by striking ‘‘senior activities and acquisition programs of the execu- procurement executive’’ each place it appears age category’’ positions in order to recruit and tive agency, evaluating the performance of those appoint directly to positions of employment in and inserting ‘‘Chief Acquisition Officer’’: programs on the basis of applicable performance (A) Section 133(c)(1). the department or agency highly qualified per- measurements, and advising the head of the ex- (B) Subsections (d)(2)(B) and (f)(1) of section sons, such as any person who— ecutive agency regarding the appropriate busi- (1) holds a bachelor’s degree from an accred- 2225. ness strategy to achieve the mission of the exec- ited institution of higher education; (C) Section 2302c(b). utive agency; (2) holds, from an accredited law school or an (D) Section 2304(f)(1)(B)(iii). ‘‘(2) increasing the use of full and open com- accredited institution of higher education— (E) Section 2359a(i). (A) a law degree; or petition in the acquisition of property and serv- (4) REFERENCES.—Any reference to a senior (B) a masters or equivalent degree in business ices by the executive agency by establishing procurement executive of a department or agen- administration, public administration, or sys- policies, procedures, and practices that ensure cy of the United States in any other provision of tems engineering; or that the executive agency receives a sufficient law or regulation, document, or record of the (3) has significant experience with commercial number of sealed bids or competitive proposals United States shall be deemed to be a reference acquisition practices, terms, and conditions. from responsible sources to fulfill the Govern- to the Chief Acquisition Officer of the depart- (b) REQUIREMENTS.—The exercise of authority ment’s requirements (including performance and ment or agency. to take a personnel action under this section delivery schedules) at the best value considering (c) TECHNICAL CORRECTION.—Section 1115(a) shall be subject to policies prescribed by the Of- the nature of the property or service procured; of title 31, United States Code, is amended by fice of Personnel Management that govern di- ‘‘(3) making acquisition decisions consistent striking ‘‘section 1105(a)(29)’’ and inserting rect recruitment, including policies requiring ap- with all applicable laws and establishing clear ‘‘section 1105(a)(28)’’. pointment of a preference eligible who satisfies lines of authority, accountability, and responsi- SEC. 1422. CHIEF ACQUISITION OFFICERS COUN- the qualification requirements. bility for acquisition decisionmaking within the CIL. (c) TERMINATION OF AUTHORITY.—The head of executive agency; (a) ESTABLISHMENT OF COUNCIL.—The Office a department or agency may not appoint a per- ‘‘(4) managing the direction of acquisition pol- of Federal Procurement Policy Act (41 U.S.C. son to a position of employment under this sec- icy for the executive agency, including imple- 403 et seq.) is amended by inserting after section tion after September 30, 2007. mentation of the unique acquisition policies, 16 the following new section:

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00095 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.042 H21PT1 H4466 CONGRESSIONAL RECORD — HOUSE May 21, 2003 ‘‘SEC. 16A. CHIEF ACQUISITION OFFICERS COUN- mittees on Armed Services and Governmental compelling circumstances do not allow for wait- CIL. Affairs of the Senate, and ing for a decision on the protest. ‘‘(a) ESTABLISHMENT.—There is established in (2) ensure that the members of the panel re- ‘‘(d) DEADLINE FOR DECISION.—The head of the executive branch a Chief Acquisition Offi- flect the diverse experiences in the public and an agency shall issue a decision on a protest cers Council. private sectors. under this section not later than the date that ‘‘(b) MEMBERSHIP.—The members of the Coun- (c) DUTIES.—The panel shall— is 20 working days after the date on which the cil shall be as follows: (1) review all Federal acquisition laws and protest is submitted to such head of an agency. ‘‘(1) The Deputy Director for Management of regulations with a view toward ensuring effec- ‘‘(e) CONSTRUCTION.—Nothing in this section the Office of Management and Budget, who tive and appropriate use of commercial practices shall affect the right of an interested party to shall act as Chairman of the Council. and performance-based contracting; and file a protest with the Comptroller General ‘‘(2) The Administrator for Federal Procure- (2) make any recommendations for the repeal under subchapter V of chapter 35 of title 31 or ment Policy. or amendment of such laws or regulations that in the United States Court of Federal Claims. ‘‘(3) The chief acquisition officer of each exec- are considered necessary as a result of such re- ‘‘(f) DEFINITIONS.—In this section, the terms utive agency. view— ‘protest’ and ‘interested party’ have the mean- ‘‘(4) The Under Secretary of Defense for Ac- (A) to eliminate any provisions in such laws ings given such terms in section 3551 of title quisition, Technology, and Logistics. or regulations that are unnecessary for the ef- 31.’’. ‘‘(5) Any other officer or employee of the fective, efficient, and fair award and adminis- (2) The table of sections at the beginning of United States designated by the Chairman. tration of contracts for the acquisition by the such chapter is amended by inserting after the ‘‘(c) LEADERSHIP; SUPPORT.—(1) The Adminis- Federal Government of goods and services; item relating to section 2305a the following new trator for Federal Procurement Policy shall lead (B) to ensure the continuing financial and item: the activities of the Council on behalf of the ethical integrity of acquisitions by the Federal ‘‘2305b. Protests.’’. Deputy Director for Management. Government; and (b) OTHER AGENCIES.—Title III of the Federal ‘‘(2)(A) The Vice Chairman of the Council (C) to protect the best interests of the Federal Property and Administrative Services Act of 1949 shall be selected by the Council from among its Government. is amended by inserting after section 303M (41 members. (d) REPORT.—Not later than one year after U.S.C. 253m) the following new section: ‘‘(B) The Vice Chairman shall serve a 1-year the establishment of the panel, the panel shall ‘‘SEC. 303N. PROTESTS. term, and may serve multiple terms. submit to the Administrator and to the Commit- ‘‘(a) IN GENERAL.—An interested party may ‘‘(3) The Administrator of General Services tees on Armed Services and Government Reform protest an acquisition of supplies or services by shall provide administrative and other support of the House of Representatives and the Com- an executive agency based on an alleged viola- for the Council. mittees on Armed Services and Governmental tion of an acquisition law or regulation, and a ‘‘(d) PRINCIPAL FORUM.—The Council is des- Affairs of the Senate a report containing a de- decision regarding such alleged violation shall ignated the principal interagency forum for tailed statement of the findings, conclusions, be made by the agency in accordance with this monitoring and improving the Federal acquisi- and recommendations of the panel. section. tion system. PART II—OTHER ACQUISITION ‘‘(b) RESTRICTION ON CONTRACT AWARD PEND- ‘‘(e) FUNCTIONS.—The Council shall perform IMPROVEMENTS ING DECISION.—(1) Except as provided in para- functions that include the following: graph (2), a contract may not be awarded by an ‘‘(1) Develop recommendations for the Director SEC. 1426. EXTENSION OF AUTHORITY TO CARRY agency after a protest concerning the acquisi- of the Office of Management and Budget on OUT FRANCHISE FUND PROGRAMS. tion has been submitted under this section and Federal acquisition policies and requirements. Section 403(f) of the Federal Financial Man- while the protest is pending. ‘‘(2) Share experiences, ideas, best practices, agement Act of 1994 (Public Law 103–356; 31 ‘‘(2) The head of the acquisition activity re- and innovative approaches related to Federal U.S.C. 501 note) is amended by striking ‘‘Octo- sponsible for the award of a contract may au- acquisition. ber 1, 2003’’ and inserting ‘‘October 1, 2006’’. thorize the award of the contract, notwith- ‘‘(3) Assist the Administrator in the identifica- SEC. 1427. AGENCY ACQUISITION PROTESTS. standing a pending protest under this section, tion, development, and coordination of multi- (a) DEFENSE CONTRACTS.—(1) Chapter 137 of upon making a written finding that urgent and agency projects and other innovative initiatives title 10, United States Code, is amended by in- compelling circumstances do not allow for wait- to improve Federal acquisition. serting after section 2305a the following new ing for a decision on the protest. ‘‘(4) Promote effective business practices that section: ‘‘(c) RESTRICTION ON CONTRACT PERFORMANCE ensure the timely delivery of best value products ‘‘§ 2305b. Protests PENDING DECISION.—(1) Except as provided in to the Federal Government and achieve appro- ‘‘(a) IN GENERAL.—An interested party may paragraph (2), performance of a contract may priate public policy objectives. protest an acquisition of supplies or services by not be authorized (and performance of the con- ‘‘(5) Further integrity, fairness, competition, an agency based on an alleged violation of an tract shall cease if performance has already openness, and efficiency in the Federal acquisi- acquisition law or regulation, and a decision re- begun) in any case in which a protest of the tion system. garding such alleged violation shall be made by contract award is submitted under this section ‘‘(6) Work with the Office of Personnel Man- the agency in accordance with this section. before the later of— agement to assess and address the hiring, train- ‘‘(b) RESTRICTION ON CONTRACT AWARD PEND- ‘‘(A) the date that is 10 days after the date of ing, and professional development needs of the ING DECISION.—(1) Except as provided in para- contract award; or Federal Government related to acquisition. graph (2), a contract may not be awarded by an ‘‘(B) the date that is five days after an agency ‘‘(7) Work with the Administrator and the agency after a protest concerning the acquisi- debriefing date offered to an unsuccessful offer- Federal Acquisition Regulatory Council to pro- tion has been submitted under this section and or for any debriefing that is requested and, mote the business practices referred to in para- while the protest is pending. when requested, is required, under section graph (4) and other results of the functions car- ‘‘(2) The head of the acquisition activity re- 303B(e) of this title. ried out under this subsection.’’. sponsible for the award of the contract may au- ‘‘(2) The head of the acquisition activity re- (b) CLERICAL AMENDMENT.—The table of con- thorize the award of a contract, notwith- sponsible for the award of a contract may au- tents in section 1(b) of such Act is amended by standing pending protest under this section, thorize performance of the contract notwith- inserting after the item relating to section 16 the upon making a written finding that urgent and standing a pending protest under this section following new item: compelling circumstances do not allow for wait- upon making a written finding that urgent and ‘‘Sec. 16A. Chief Acquisition Officers Council.’’. ing for a decision on the protest. compelling circumstances do not allow for wait- SEC. 1423. STATUTORY AND REGULATORY RE- ‘‘(c) RESTRICTION ON CONTRACT PERFORMANCE ing for a decision on the protest. VIEW. PENDING DECISION.—(1) Except as provided in ‘‘(d) DEADLINE FOR DECISION.—The head of (a) ESTABLISHMENT.—Not later than 90 days paragraph (2), performance of a contract may an executive agency shall issue a decision on a after the date of the enactment of this Act, the not be authorized (and performance of the con- protest under this section not later than the Administrator for Federal Procurement Policy tract shall cease if performance has already date that is 20 working days after the date on shall establish an advisory panel to review laws begun) in any case in which a protest of the which the protest is submitted to the executive and regulations regarding the use of commercial contract award is submitted under this section agency. practices, performance-based contracting, the before the later of— ‘‘(e) CONSTRUCTION.—Nothing in this section performance of acquisition functions across ‘‘(A) the date that is 10 days after the date of shall affect the right of an interested party to agency lines of responsibility, and the use of contract award; or file a protest with the Comptroller General Governmentwide contracts. ‘‘(B) the date that is five days after an agency under subchapter V of chapter 35 of title 31, (b) MEMBERSHIP.—The panel shall be com- debriefing date offered to an unsuccessful offer- United States Code, or in the United States posed of at least nine individuals who are recog- or for any debriefing that is requested and, Court of Federal Claims. nized experts in acquisition law and Govern- when requested, is required, under section ‘‘(f) DEFINITIONS.—In this section, the terms ment acquisition policy. In making appoint- 2305(b)(5) of this title. ‘protest’ and ‘interested party’ have the mean- ments to the panel, the Administrator shall— ‘‘(2) The head of the acquisition activity re- ings given such terms in section 3551 of title 31, (1) consult with the Secretary of Defense, the sponsible for the award of a contract may au- United States Code.’’. Administrator of General Services, the Commit- thorize performance of the contract notwith- (c) CONFORMING AMENDMENT.—Section tees on Armed Services and Government Reform standing a pending protest under this section 3553(d)(4) of title 31, United States Code, is of the House of Representatives, and the Com- upon making a written finding that urgent and amended—

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00096 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.043 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4467 (1) in subparagraph (A), by striking ‘‘or’’ at (B) the compliance by executive agencies with Federal Procurement Data System or other re- the end; the regulations; and porting mechanism. (2) by striking the period at the end of sub- (2) any recommendations that the Comptroller ‘‘(3) Not later than two years after the date of paragraph (B) and inserting ‘‘; or’’; and General considers appropriate. the enactment of this subsection, the Director of (3) by adding at the end the following new (d) DEFINITION.—In this section, the term ‘‘ex- the Office of Management and Budget shall pre- subparagraph: ecutive agency’’ has the meaning given that pare and submit to the Committees on Govern- ‘‘(C) in the case of a protest of the same mat- term in section 4 of the Office of Federal Pro- mental Affairs and on Armed Services of the ter regarding such contract that is submitted curement Policy Act (41 U.S.C. 403). Senate and the Committees on Government Re- under section 2305b of title 10 or section 303N of Subtitle C—Contract Incentives form and on Armed Services of the House of the Federal Property and Administrative Serv- Representatives a report on the contracts or task ices Act of 1949, the date that is 5 days after the SEC. 1431. INCENTIVES FOR CONTRACT EFFI- orders treated as contracts for commercial items CIENCY. date on which a decision on that protest is using the authority of this subsection. The re- (a) INCENTIVES FOR CONTRACT EFFICIENCY.— issued.’’. port shall include data on the use of such au- The Office of Federal Procurement Policy Act SEC. 1428. IMPROVEMENTS IN CONTRACTING FOR thority both government-wide and for each de- (41 U.S.C. 403 et seq.) is amended by adding at ARCHITECTURAL AND ENGINEERING partment and agency. SERVICES. the end the following new section: ‘‘(4) The authority under this subsection shall (a) TITLE 10.—Section 2855(b) of title 10, ‘‘SEC. 41. INCENTIVES FOR EFFICIENT PERFORM- expire 10 years after the date of the enactment United States Code, is amended— ANCE OF SERVICES CONTRACTS. of this subsection.’’. (1) in paragraph (2), by striking ‘‘$85,000’’ and ‘‘(a) OPTIONS FOR SERVICES CONTRACTS.—An (b) CENTER OF EXCELLENCE IN SERVICE CON- inserting ‘‘$300,000’’; and option included in a contract for services to ex- TRACTING.—Not later than 180 days after the (2) by adding at the end the following new tend the contract by one or more periods may date of the enactment of this Act, the Adminis- paragraph: provide that it be exercised on the basis of ex- trator for Federal Procurement Policy shall es- ‘‘(4) The selection and competition require- ceptional performance by the contractor. A con- tablish a center of excellence in contracting for ments described in subsection (a) shall apply to tract that contains such an option provision services. The center of excellence shall assist the any contract for architectural and engineering shall include performance standards for meas- acquisition community by identifying, and serv- services (including surveying and mapping serv- uring performance under the contract, and to ing as a clearinghouse for, best practices in con- ices) that is entered into by the head of an the maximum extent practicable be performance- tracting for services in the public and private agency (as such term is defined in section 2302 based. Such option provision shall only be exer- sectors. of this title).’’. cised in accordance with applicable provisions (c) REPEAL OF SUPERSEDED PROVISION.—Sub- (b) ARCHITECTURAL AND ENGINEERING SERV- of law or regulation that set forth restrictions section (b) of section 821 of the Floyd D. Spence ICES.—Architectural and engineering services on the duration of the contract containing the (as defined in section 1102 of title 40, United National Defense Authorization Act for Fiscal option. States Code) shall not be offered under multiple- Year 2001 (as enacted into law by Public Law ‘‘(b) DEFINITION OF PERFORMANCE-BASED.—In award schedule contracts entered into by the 106–398; 114 Stat. 1654A–218) is repealed. this section, the term ‘performance-based’, with Administrator of General Services or under Gov- SEC. 1442. AUTHORIZATION OF ADDITIONAL COM- respect to a contract, task order, or contracting, ernmentwide task and delivery-order contracts MERCIAL CONTRACT TYPES. means that the contract, task order, or con- entered into under sections 2304a and 2304b of Section 8002(d) of the Federal Acquisition tracting, respectively, includes the use of per- title 10, United States Code, or sections 303H Streamlining Act of 1994 (Public Law 103–355; formance work statements that set forth con- and 303I of the Federal Property and Adminis- 108 Stat. 3387; 41 U.S.C. 264 note) is amended— tract requirements in clear, specific, and objec- trative Services Act of 1949 (41 U.S.C. 253h and (1) in paragraph (1), by striking ‘‘and’’; tive terms with measurable outcomes.’’. (2) by striking the period at the end of para- 253i) unless such services— (b) CLERICAL AND TECHNICAL AMENDMENTS.— (1) are performed under the direct supervision graph (2) and inserting ‘‘; and’’; and (1) The table of contents in section 1(b) of such of a professional engineer licensed in a State; (3) by adding at the end the following new Act is amended by striking the last item and in- and paragraph: (2) are awarded in accordance with the selec- serting the following: ‘‘(3) authority for use of a time and materials tion procedures set forth in chapter 11 of title ‘‘Sec. 40. Protection of constitutional rights of contract or a labor-hour contract for the pro- 40, United States Code. contractors. curement of commercial services that are com- monly sold to the general public through such SEC. 1429. AUTHORIZATION OF TELECOMMUTING ‘‘Sec. 41. Incentives for efficient performance of FOR FEDERAL CONTRACTORS. services contracts.’’. contracts.’’ (a) AMENDMENT TO THE FEDERAL ACQUISITION (2) The section before section 41 of such Act SEC. 1443. CLARIFICATION OF COMMERCIAL SERVICES DEFINITION. REGULATION.—Not later than 180 days after the (as added by subsection (a)) is redesignated as date of the enactment of this Act, the Federal section 40. Subparagraph (F) of section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. Acquisition Regulatory Council shall amend the Subtitle D—Acquisitions of Commercial Items Federal Acquisition Regulation issued in ac- 403(12)(F)) is amended— SEC. 1441. ADDITIONAL INCENTIVE FOR USE OF (1) by striking ‘‘catalog or’’; and cordance with sections 6 and 25 of the Office of PERFORMANCE-BASED CON- Federal Procurement Policy Act (41 U.S.C. 405 (2) by inserting ‘‘or specific outcomes to be TRACTING FOR SERVICES. achieved’’ after ‘‘performed’’. and 421) to permit telecommuting by employees (a) OTHER CONTRACTS.—Section 41 of the Of- of Federal Government contractors in the per- SEC. 1444. DESIGNATION OF COMMERCIAL BUSI- fice of Federal Procurement Policy Act, as NESS ENTITIES. formance of contracts entered into with execu- added by section 1431, is amended— tive agencies. (a) IN GENERAL.—Section 4 of the Office of (1) by redesignating subsection (b) as sub- Federal Procurement Policy Act (41 U.S.C. 403), (b) CONTENT OF AMENDMENT.—The regulation section (c); and issued pursuant to subsection (a) shall, at a as amended by section 1411, is further amend- (2) by inserting after subsection (a) the fol- ed— minimum, provide that solicitations for the ac- lowing new subsection: quisition of property or services may not set (1) by adding at the end of paragraph (12) the ‘‘(b) INCENTIVE FOR USE OF PERFORMANCE- forth any requirement or evaluation criteria following new subparagraph: BASED SERVICES CONTRACTS.—(1) A perform- ‘‘(I) Items or services produced or provided by that would— ance-based contract for the procurement of serv- (1) render an offeror ineligible to enter into a a commercial entity.’’; and ices entered into by an executive agency or a contract on the basis of the inclusion of a plan (2) by adding at the end the following new performance-based task order for services issued of the offeror to permit the offeror’s employees paragraph: by an executive agency may be treated as a con- to telecommute; or ‘‘(17) The term ‘commercial entity’ means any tract for the procurement of commercial items (2) reduce the scoring of an offer on the basis enterprise whose primary customers are other if— of the inclusion in the offer of a plan of the of- than the Federal Government. In order to qual- ‘‘(A) the contract or task order sets forth spe- feror to permit the offeror’s employees to tele- ify as a commercial entity, at least 90 percent (in cifically each task to be performed and, for each commute, unless the contracting officer con- dollars) of the sales of the enterprise over the task— cerned first— past three business years must have been made (A) determines that the requirements of the ‘‘(i) defines the task in measurable, mission- to private sector entities.’’. agency, including the security requirements of related terms; and (b) COLLECTION OF DATA.—Regulations imple- the agency, cannot be met if the telecommuting ‘‘(ii) identifies the specific end products or menting the amendments made by subsection (a) is permitted; and output to be achieved; and shall require agencies to collect and maintain (B) documents in writing the basis for that de- ‘‘(B) the source of the services provides similar reliable data sufficient to identify the contracts termination. services to the general public under terms and entered into or task orders awarded for items or (c) GAO REPORT.—Not later than one year conditions similar to those offered to the Federal services produced or provided by a commercial after the date on which the regulation required Government. entity. The data may be collected using the Fed- by subsection (a) is published in the Federal ‘‘(2) The regulations implementing this sub- eral Procurement Data System or other report- Register, the Comptroller General shall submit section shall require agencies to collect and ing mechanism. to Congress— maintain reliable data sufficient to identify the (c) OMB REPORT.—Not later than two years (1) an evaluation of— contracts or task orders treated as contracts for after the date of the enactment of this sub- (A) the conformance of the regulations with commercial items using the authority of this section, the Director of the Office of Manage- law; and subsection. The data may be collected using the ment and Budget shall prepare and submit to

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00097 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.043 H21PT1 H4468 CONGRESSIONAL RECORD — HOUSE May 21, 2003

the Committees on Governmental Affairs and on ‘‘(c) REGULATIONS.—The Director of the Office (2) prevent any agency of the Executive Armed Services of the Senate and the Commit- of Management and Budget shall prescribe reg- branch from subjecting work performed by Fed- tees on Government Reform and on Armed Serv- ulations to carry out this section.’’. eral employees or private contractors to public- ices of the House of Representatives a report on SEC. 1452. AUTHORITY TO MAKE INFLATION AD- private competition or conversions. the contracts entered into or task orders award- JUSTMENTS TO SIMPLIFIED ACQUI- SEC. 1455. APPLICABILITY OF CERTAIN PROVI- ed for items or services produced or provided by SITION THRESHOLD. SIONS TO SOLE SOURCE CONTRACTS a commercial entity. The report shall include Section 4(11) of the Office of Federal Procure- FOR GOODS AND SERVICES TREATED data on the use of such authority both govern- ment Policy Act (41 U.S.C. 403(11)) is amended AS COMMERCIAL ITEMS. ment-wide and for each department and agency. by inserting before the period at the end the fol- (a) IN GENERAL.—Notwithstanding the amend- (d) COMPTROLLER GENERAL REVIEW.—The lowing: ‘‘, except that such amount may be ad- ments made by subtitle D of this Act, no con- Comptroller General shall review the implemen- justed by the Administrator every five years to tract for the procurement of services or goods tation of the amendments made by subsection the amount equal to $100,000 in constant fiscal awarded on a sole source basis shall be exempt (a) to evaluate the effectiveness of such imple- year 2003 dollars (rounded to the nearest from— mentation in increasing the availability of items $10,000)’’. (1) cost accounting standards promulgated and services to the Federal Government at fair SEC. 1453. TECHNICAL CORRECTIONS RELATED pursuant to section 26 of the Office of Federal and reasonable prices. TO DUPLICATIVE AMENDMENTS. Procurement Policy Act (41 U.S.C. 422); and (a) REPEAL OF SUPERSEDED SUBCHAPTER AND Subtitle E—Other Matters (2) cost or pricing data requirements (com- RELATED CONFORMING AMENDMENTS.—(1) Sub- monly referred to as truth in negotiating) under SEC. 1451. AUTHORITY TO ENTER INTO CERTAIN chapter II of chapter 35 of title 44, United States PROCUREMENT-RELATED TRANS- section 2306a of title 10, United States Code, and Code, is repealed. section 304A of title III of the Federal Property ACTIONS AND TO CARRY OUT CER- (2) Subchapter III of such chapter is redesig- TAIN PROTOTYPE PROJECTS. and Administrative Services Act of 1949 (41 nated as subchapter II. U.S.C. 254b). Title III of the Federal Property and Adminis- (3) Section 3549 of title 44, United States Code, (b) LIMITATION.—This section shall not apply trative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by striking the sentence beginning to any contract in an amount not greater than is amended by adding at the end the following with ‘‘While this subchapter’’. new section: (4) The table of sections at the beginning of $15,000,000. ‘‘SEC. 318. AUTHORITY TO ENTER INTO CERTAIN chapter 35 of title 44, United States Code, is SEC. 1456. PUBLIC DISCLOSURE OF NONCOMPETI- TRANSACTIONS FOR DEFENSE amended— TIVE CONTRACTING FOR THE RE- AGAINST OR RECOVERY FROM TER- (A) by striking the items relating to sections CONSTRUCTION OF INFRASTRUC- TURE IN IRAQ. RORISM OR NUCLEAR, BIOLOGICAL, 3531 through 3538; and CHEMICAL, OR RADIOLOGICAL AT- (a) DISCLOSURE REQUIRED.— TACK. (B) by striking the heading ‘‘SUBCHAPTER III—INFORMATION SECURITY’’. (1) PUBLICATION AND PUBLIC AVAILABILITY.— ‘‘(a) AUTHORITY.— (5) Section 2224a of title 10, United States The head of an executive agency of the United ‘‘(1) IN GENERAL.—The head of an executive Code, is repealed, and the table of sections at States that enters into a contract for the repair, agency who engages in basic research, applied the beginning of chapter 131 of such title is maintenance, or construction of infrastructure research, advanced research, and development amended by striking the item relating to such in Iraq without full and open competition shall projects that— publish in the Federal Register or Commerce ‘‘(A) are necessary to the responsibilities of section. (b) CONFORMING AMENDMENTS RELATED TO Business Daily and otherwise make available to such official’s executive agency in the field of REPEALS OF SHARE-IN-SAVINGS AND SOLUTIONS- the public, not later than 30 days after the date research and development, and BASED CONTRACTING PILOT PROGRAMS.—(1) on which the contract is entered into, the fol- ‘‘(B) have the potential to facilitate defense Chapter 115 of title 40, United States Code, is re- lowing information: against or recovery from terrorism or nuclear, pealed. (A) The amount of the contract. biological, chemical, or radiological attack, (2) The table of chapters at the beginning of (B) A brief description of the scope of the con- may exercise the same authority (subject to the subtitle III of such title is amended by striking tract. same restrictions and conditions) with respect to the item relating to chapter 115. (C) A discussion of how the executive agency such research and projects as the Secretary of (c) AMENDMENTS MADE BY E-GOVERNMENT identified, and solicited offers from, potential Defense may exercise under section 2371 of title ACT MADE APPLICABLE.—The following provi- contractors to perform the contract, together 10, United States Code, except for subsections sions of law shall read as if the amendments with a list of the potential contractors that were (b) and (f) of such section 2371. made by title X of the Homeland Security Act of issued solicitations for the offers. ‘‘(2) PROTOTYPE PROJECTS.—The head of an 2002 (Public Law 107–296) to such provisions did executive agency may, under the authority of (D) The justification and approval documents not take effect: on which was based the determination to use paragraph (1), carry out prototype projects that (1) Section 2224 of title 10, United States Code. meet the requirements of subparagraphs (A) and procedures other than procedures that provide (2) Sections 20 and 21 of the National Institute for full and open competition. (B) of paragraph (1) in accordance with the re- of Standards and Technology Act (15 U.S.C. quirements and conditions provided for carrying (2) INAPPLICABILITY TO CONTRACTS AFTER FIS- 278g-3 and 278g-4). CAL YEAR 2013.—Paragraph (1) does not apply to out prototype projects under section 845 of the (3) Sections 11331 and 11332 of title 40, United a contract entered into after September 30, 2013. National Defense Authorization Act for Fiscal States Code. Year 1994 (Public Law 103–160; 10 U.S.C. 2371 (4) Subtitle G of title X of the Floyd D. Spence (b) CLASSIFIED INFORMATION.— note). In applying the requirements and condi- National Defense Authorization Act for Fiscal (1) AUTHORITY TO WITHHOLD.—The head of an tions of that section 845— Year 2001 (Public Law 106–398; 44 U.S.C. 3531 executive agency may— ‘‘(A) subsection (c) of that section shall apply note). (A) withhold from publication and disclosure with respect to prototype projects carried out (5) Sections 3504(g), 3505, and 3506(g) of title under subsection (a) any document that is clas- under this paragraph; and 44, United States Code. sified for restricted access in accordance with an ‘‘(B) the Director of the Office of Management (d) CORRECTION OF CROSS REFERENCE.—Sec- Executive order in the interest of national de- and Budget shall perform the functions of the tion 2224(c) of title 10, United States Code, as fense or foreign policy; and Secretary of Defense under subsection (d) of amended by section 301(c)(1)(B)(iii) of the E- (B) redact any part so classified that is in a that section. Government Act of 2002 (Public Law 107–347; 116 document not so classified before publication ‘‘(3) APPLICABILITY TO SELECTED EXECUTIVE Stat. 2955), is amended by striking ‘‘subchapter and disclosure of the document under subsection AGENCIES.— III’’ and inserting ‘‘subchapter II’’. (a). ‘‘(A) OMB AUTHORIZATION REQUIRED.—The SEC. 1454. PROHIBITION ON USE OF QUOTAS. (2) AVAILABILITY TO CONGRESS.—In any case head of an executive agency may exercise au- (a) IN GENERAL.—After the date of enactment in which the head of an executive agency with- thority under this subsection only if authorized of this Act, the Office of Management and holds information under paragraph (1), the by the Director of the Office of Management Budget may not establish, apply, or enforce any head of such executive agency shall make avail- and Budget to do so. numerical goal, target, or quota for subjecting able an unredacted version of the document ‘‘(B) RELATIONSHIP TO AUTHORITY OF DEPART- the employees of a department or agency of the containing that information to the chairman MENT OF HOMELAND SECURITY.—The authority Government to public-private competitions or and ranking member of each of the following under this subsection shall not apply to the Sec- converting such employees or the work per- committees of Congress: retary of Homeland Security while section 831 of formed by such employees to contractor perform- (A) The Committee on Governmental Affairs of the Homeland Security Act of 2002 (Public Law ance under Office of Management and Budget the Senate and the Committee on Government 107-296; 116 Stat. 2224) is in effect. Circular A-76 or any other administrative regu- Reform of the House of Representatives. ‘‘(b) ANNUAL REPORT.—The annual report of lation, directive, or policy unless the goal, tar- (B) The Committees on Appropriations of the the head of an executive agency that is required get, or quota is based on considered research Senate and House of Representatives. under subsection (h) of section 2371 of title 10, and sound analysis of past activities and is con- (C) Each committee that the head of the exec- United States Code, as applied to the head of sistent with the stated mission of the department utive agency determines has legislative jurisdic- the executive agency by subsection (a), shall be or agency. tion for the operations of such department or submitted to the Committee on Governmental Af- (b) LIMITATIONS.—Subsection (a) shall not— agency to which the information relates. fairs of the Senate and the Committee on Gov- (1) otherwise affect the implementation or en- (c) FISCAL YEAR 2003 CONTRACTS.—This sec- ernment Reform of the House of Representa- forcement of the Government Performance and tion shall apply to contracts entered into on or tives. Results Act of 1993 (107 Stat. 285); or after October 1, 2002, except that, in the case of

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SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ...... Redstone Arsenal ...... $5,500,000 Alaska ...... Fort Wainwright ...... $138,800,000 California ...... Fort Irwin ...... $3,350,000 Colorado ...... Fort Carson ...... $2,150,000 Georgia ...... Fort Benning ...... $34,500,000 Fort Stewart/Hunter Army Air Field ...... $138,550,000 Hawaii ...... Helemano Military Reservation ...... $1,400,000 Schofield Barracks ...... $128,100,000 Kansas ...... Fort Leavenworth ...... $115,000,000 Fort Riley ...... $40,000,000 Kentucky ...... Fort Knox ...... $5,500,000 Louisiana ...... Fort Polk ...... $72,000,000 Maryland ...... Fort Meade ...... $9,600,000 Massachusetts ...... Soldier Systems Center, Natick ...... $5,500,000 Missouri ...... Fort Leonard Wood ...... $5,900,000 New Jersey ...... Naval Air Engineering Center, Lakehurst ...... $2,250,000 Picatinny Arsenal ...... $11,800,000 New York ...... Fort Drum ...... $139,300,000 North Carolina ...... Fort Bragg ...... $163,400,000 Oklahoma ...... Fort Sill ...... $5,500,000 Texas ...... Fort Bliss ...... $5,400,000 Fort Hood ...... $56,700,000 Virginia ...... Fort Belvoir ...... $7,000,000 Fort Lee ...... $3,850,000 Fort Myer ...... $9,000,000 Washington ...... Fort Lewis ...... $3,900,000

Total ...... $1,108,500,000

(b) OUTSIDE THE UNITED STATES.—Subject to subsection (c), using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany ...... Grafenwoehr ...... $76,000,000 Heidelberg ...... $17,000,000 Hohenfels ...... $13,200,000 Vilseck ...... $31,000,000 Italy ...... Aviano Air Base ...... $28,500,000 Livorno ...... $22,000,000 Korea ...... Camp Humphreys ...... $191,150,000 Kwajalein ...... Kwajalein ...... $9,400,000

Total ...... $388,250,000

(c) CONDITION ON PROJECTS AUTHORIZATION.—The authority of the Secretary of the Army to proceed with the projects at Camp Humphreys, Korea, referred to in the table in subsection (b), and to obligate amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2) in connection with such project, is subject to the condition that the Secretary submit to the congressional defense committees written notice in advance that the United States and the Republic of Korea have entered into an agreement to ensure the availability and use of land sufficient for such projects. SEC. 2102. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Sec- retary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, for the purposes, and in the amounts set forth in the following table:

Army: Family Housing

State or Country Installation or location Purpose Amount

Alaska ...... Fort Wainwright ...... 140 Units ...... $64,000,000 Arizona ...... Fort Huachuca ...... 220 Units ...... $41,000,000 Kansas ...... Fort Riley ...... 62 Units ...... $16,700,000 Kentucky ...... Fort Knox ...... 178 Units ...... $41,000,000 New Mexico ...... White Sands Missile Range ...... 58 Units ...... $14,600,000 Oklahoma ...... Fort Sill ...... 120 Units ...... $25,373,000 Virginia ...... Fort Lee ...... 90 Units ...... $18,000,000

Total: ...... $220,673,000

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(b) PLANNING AND DESIGN.—Using amounts 2833 of title 10, United States Code), (2) $32,000,000 (the balance of the amount au- appropriated pursuant to the authorization of $1,043,026,000. thorized under section 2101(a) for construction appropriations in section 2104(a)(5)(A), the Sec- (6) For the construction of phase 3 of a bar- of a barracks, Fort Stewart/Hunter Army Air- retary of the Army may carry out architectural racks complex, D Street, at Fort Richardson, field, Georgia). and engineering services and construction de- Alaska, authorized by section 2101(a) of the (3) $87,000,000 (the balance of the amount au- sign activities with respect to the construction Military Construction Authorization Act for thorized under section 2101(a) for construction or improvement of family housing units in an Fiscal Year 2002 (division B of Public Law 107– of the Lewis and Clark Instructional Facility, amount not to exceed $34,488,000. 107; 115 Stat. 1280), as amended by section 2105 Fort Leavenworth, Kansas). SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY of this Act, $33,000,000. HOUSING UNITS. (7) For the construction of phase 3 of a bar- (4) $43,000,000 (the balance of the amount au- Subject to section 2825 of title 10, United racks complex, 17th and B Streets, at Fort thorized under section 2101(a) for construction States Code, and using amounts appropriated Lewis, Washington, authorized by section of a barracks complex, Wheeler Army Airfield, pursuant to the authorization of appropriations 2101(a) of the Military Construction Authoriza- Fort Drum, New York). in section 2104(a)(5)(A), the Secretary of the tion Act for Fiscal Year 2002 (division B of Pub- (5) $50,000,000 (the balance of the amount au- Army may improve existing military family lic Law 107–107; 115 Stat. 1280), $48,000,000. thorized under section 2101(a) for construction housing units in an amount not to exceed (8) For the construction of phase 2 of a bar- of a barracks complex, Bastogne Drive, Fort $156,030,000. racks complex, Capron Road, at Schofield Bar- Bragg, North Carolina). SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, racks, Hawaii, authorized by section 2101(a) of (6) $18,900,000 (the balance of the amount au- ARMY. the Military Construction Authorization Act for thorized under section 2101(b) for construction (a) IN GENERAL.—Funds are hereby author- Fiscal Year 2003 (division B of Public Law 107– of a barracks complex, Vilseck, Germany). ized to be appropriated for fiscal years begin- 314; 116 Stat. 2681), $49,000,000. ning after September 30, 2003, for military con- (9) For the construction of phase 2 of a bar- SEC. 2105. MODIFICATION OF AUTHORITY TO struction, land acquisition, and military family racks complex, Range Road, at Fort Campbell, CARRY OUT CERTAIN FISCAL YEAR housing functions of the Department of the Kentucky, authorized by section 2101(a) of the 2002 PROJECTS. Army in the total amount of $3,056,697,000, as Military Construction Authorization Act for (a) MODIFICATION.—The table in section follows: Fiscal Year 2003 (division B of Public Law 107– 2101(a) of the Military Construction Authoriza- (1) For military construction projects inside 314; 116 Stat. 2681), $49,000,000. tion Act for Fiscal Year 2002 (division B of Pub- the United States authorized by section 2101(a), (10) For the construction of phase 2 of a con- lic Law 107-107; 115 Stat. 1281), as amended by $902,000,000. solidated maintenance complex at Fort Sill, section 2105 of the Military Construction Au- (2) For military construction projects outside Oklahoma, authorized by section 2101(a) of the thorization Act for Fiscal Year 2003 (division B the United States authorized by section 2101(b), Military Construction Authorization Act for of Public Law 107–314; 116 Stat. 2689), is further $359,350,000. (3) For unspecified minor construction Fiscal Year 2003 (division B of Public Law 107– amended— projects authorized by section 2805 of title 10, 314; 116 Stat. 2681), $13,000,000. (1) in the item relating to Fort Richardson, United States Code, $22,550,000. (b) LIMITATION ON TOTAL COST OF CONSTRUC- Alaska, by striking ‘‘$115,000,000’’ in the amount (4) For architectural and engineering services TION PROJECTS.—Notwithstanding the cost vari- column and inserting ‘‘$117,000,000’’; and and construction design under section 2807 of ations authorized by section 2853 of title 10, United States Code, and any other cost vari- (2) by striking the amount identified as the title 10, United States Code, $128,580,000. total in the amount column and inserting (5) For military family housing functions: ation authorized by law, the total cost of all (A) For construction and acquisition, plan- projects carried out under section 2101 of this ‘‘$1,364,750,000’’. ning and design, and improvement of military Act may not exceed the sum of the following: (b) CONFORMING AMENDMENT.—Section family housing and facilities, $409,191,000. (1) The total amount authorized to be appro- 2104(b)(2) of that Act (115 Stat. 1284) is amended (B) For support of military family housing priated under paragraphs (1) and (2) of sub- by striking ‘‘$52,000,000’’ and inserting (including the functions described in section section (a). ‘‘$54,000,000’’.

TITLE XXII—NAVY SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ...... Marine Corps Air Station, Yuma ...... $22,230,000 California ...... Marine Corps Air-Ground Task Force Training Center, Twentynine Palms ...... $42,090,000 Marine Corps Air Station, Miramar ...... $7,640,000 Marine Corps Base, Camp Pendleton ...... $73,580,000 Naval Air Facility, San Clemente Island ...... $18,940,000 Naval Air Station, Lemoore ...... $34,510,000 Naval Air Station, North Island ...... $49,240,000 Naval Air Warfare Center, China Lake ...... $12,230,000 Naval Air Warfare Center, Point Mugu, San Nicholas Island ...... $6,150,000 Naval Postgraduate School, Monterey ...... $42,560,000 Naval Station, San Diego ...... $49,710,000 Connecticut ...... Naval Submarine Base, New London ...... $3,120,000 District of Columbia ...... Marine Corps Barracks ...... $1,550,000 Florida ...... Blount Island (Jacksonville) ...... $115,711,000 Naval Air Station, Jacksonville ...... $9,190,000 Naval Air Station, Whiting Field, Milton ...... $4,830,000 Naval Surface Warfare Center, Coastal Systems Station, Panama City ...... $9,550,000 Georgia ...... Strategic Weapons Facility Atlantic, Kings Bay ...... $11,510,000 Hawaii ...... Fleet and Industrial Supply Center, Pearl Harbor ...... $32,180,000 Naval Magazine, Lualualei ...... $6,320,000 Naval Shipyard, Pearl Harbor ...... $7,010,000 Illinois ...... Naval Training Center, Great Lakes ...... $137,120,000 Indiana ...... Naval Surface Warfare Center, Crane ...... $11,400,000 Maryland ...... Naval Air Warfare Center, Patuxent River ...... $28,270,000 Naval Surface Warfare Center, Indian Head ...... $14,850,000 Mississippi ...... Naval Air Station, Meridian ...... $4,570,000 Naval Station, Pascagoula ...... $6,100,000 Nevada ...... Naval Air Station, Fallon ...... $4,700,000 New Jersey ...... Naval Air Warfare Center, Lakehurst ...... $20,681,000 Naval Weapons Station, Earle ...... $123,720,000 North Carolina ...... Marine Corps Air Station, New River ...... $6,240,000 Marine Corps Base, Camp Lejeune ...... $29,450,000 Rhode Island ...... Naval Station, Newport ...... $16,140,000 Naval Undersea Warfare Center, Newport ...... $10,890,000

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State Installation or location Amount

South Carolina ...... Naval Weapons Station, Charleston ...... $2,350,000 Texas ...... Naval Air Station, Corpus Christi ...... $5,400,000 Virginia ...... Henderson Hall, Arlington ...... $1,970,000 Marine Corps Combat Development Command, Quantico ...... $3,700,000 Naval Air Station, Oceana ...... $10,000,000 Naval Amphibious Base, Little Creek ...... $3,810,000 Naval Space Command Center, Dahlgren ...... $24,020,000 Naval Station, Norfolk ...... $182,240,000 Norfolk Naval Shipyard, Portsmouth ...... $17,770,000 Washington ...... Naval Air Station, Whidbey Island ...... $4,350,000 Naval Magazine, Indian Island ...... $2,240,000 Naval Shipyard, Puget Sound ...... $12,120,000 Naval Submarine Base, Bangor ...... $33,820,000 Strategic Weapons Facility Pacific, Bangor ...... $6,530,000 Various Locations ...... Various Locations, CONUS ...... $56,360,000

Total ...... $1,340,662,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the locations outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain ...... Naval Support Activity, Bahrain ...... $18,030,000 Guam ...... Commander, United States Naval Forces, Marianas ...... $1,700,000 Italy ...... Naval Air Station, Sigonella ...... $48,749,000 Naval Support Activity, La Maddalena ...... $39,020,000 United Kingdom ...... Joint Maritime Facility, St. Mawgan ...... $7,070,000

Total ...... $114,569,000

SEC. 2202. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Sec- retary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, for the purposes, and in the amounts set forth in the following table:

Navy: Family Housing

State or Country Installation or location Purpose Amount

California ...... Naval Air Station, Lemoore ...... 187 Units ...... $41,585,000 Florida ...... Naval Air Station, Pensacola ...... 25 Units ...... $4,447,000 North Carolina ...... Marine Corps Air Station, Cherry Point ...... 339 Units ...... 42,803,000 Marine Corps Base, Camp Lejeune ...... 519 Units ...... $68,531,000

Total ...... $157,366,000

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriation in section 2204(a)(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $8,381,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $20,446,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2003, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,288,917,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $1,005,882,000. (2) For military construction projects outside the United States authorized by section 2201(b), $114,569,000. (3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $13,624,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $71,141,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $184,193,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $852,778,000. (6) For construction of a bachelors enlisted quarters shipboard ashore at Naval Shipyard Norfolk, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2687), $46,730,000. (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of the following: (1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). (2) $25,690,000 (the balance of the amount authorized under section 2101(a) for construction of a tertiary sewage treatment facility, Marine Corp Base, Camp Pendleton, California). (3) $58,190,000 (the balance of the amount authorized under section 2101(a) for construction of a battle station training facility, Naval Training Center, Great Lakes, Illinois). (4) $96,980,000 (the balance of the amount authorized under section 2101(a) for construction of a general purpose berthing pier, Naval Weapons Station Earle, New Jersey). (5) $118,170,000 (the balance of the amount authorized under section 2101(a) for construction of the Pier 11 replacement, Naval Station, Norfolk, Virginia). (6) $28,750,000 (the balance of the amount authorized under section 2101(a) for construction of outlying landing field facilities, various locations in the continental United States).

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SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ...... Maxwell Air Force Base ...... $26,000,000 Alaska ...... Eielson Air Force Base ...... $33,261,000 Elmendorf Air Force Base ...... $2,000,000 Arizona ...... Davis-Monthan Air Force Base ...... $10,062,000 Arkansas ...... Little Rock Air Force Base ...... $7,445,000 California ...... Beale Air Force Base ...... $22,750,000 Edwards Air Force Base ...... $26,744,000 Vandenberg Air Force Base ...... $16,500,000 Colorado ...... Buckley Air Force Base ...... $7,019,000 District of Columbia ...... Bolling Air Force Base ...... $9,300,000 Florida ...... Hurlburt Field ...... $27,200,000 Tyndall Air Force Base ...... $20,720,000 Georgia ...... Robins Air Force Base ...... $37,164,000 Hawaii ...... Hickam Air Force Base ...... $73,296,000 Idaho ...... Mountain Home Air Force Base ...... $5,445,000 Illinois ...... Scott Air Force Base ...... $1,900,000 Mississippi ...... Columbus Air Force Base ...... $2,200,000 Keesler Air Force Base ...... $2,900,000 Missouri ...... Whiteman Air Force Base ...... $11,600,000 New Jersey ...... McGuire Air Force Base ...... $11,861,000 New Mexico ...... Kirtland Air Force Base ...... $11,247,000 Tularosa Radar Test Site ...... $3,600,000 North Carolina ...... Pope Air Force Base ...... $24,499,000 Seymour Johnson Air Force Base ...... $23,022,000 North Dakota ...... Minot Air Force Base ...... $3,190,000 Ohio ...... Wright-Patterson Air Force Base ...... $21,100,000 Oklahoma ...... Altus Air Force Base ...... $1,167,000 Tinker Air Force Base ...... $19,444,000 South Carolina ...... Charleston Air Force Base ...... $9,042,000 Shaw Air Force Base ...... $8,500,000 Texas ...... Goodfellow Air Force Base ...... $20,335,000 Lackland Air Force Base ...... $57,360,000 Laughlin Air Force Base ...... $12,400,000 Sheppard Air Force Base ...... $38,167,000 Utah ...... Hill Air Force Base ...... $15,848,000 Virginia ...... Langley Air Force Base ...... $25,474,000 Washington ...... McChord Air Force Base ...... $19,000,000

Total ...... $668,762,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ...... Ramstein Air Base ...... $41,866,000 Spangdahlem Air Base ...... $5,411,000 Italy ...... Aviano Air Base ...... $14,025,000 Korea ...... Kunsan Air Base ...... $7,059,000 Osan Air Base ...... $16,638,000 Portugal ...... Lajes Field, Azores ...... $4,086,000 Turkey ...... Incirlik Air Base ...... $3,262,000 United Kingdom ...... Royal Air Force, Lakenheath ...... $42,487,000 Royal Air Force, Mildenhall ...... $10,558,000 Wake Island ...... Wake Island ...... $24,000,000

Total ...... $169,392,000

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(3), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation and location, and in the amount, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation or location Amount

Unspecified Worldwide ...... Classified Location ...... $29,501,000

Total ...... $29,501,000

SEC. 2302. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Sec- retary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, for the purposes, and in the amounts set forth in the following table:

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State or Country Installation or location Purpose Amount

Arizona ...... Davis-Monthan Air Force Base ...... 93 Units ...... $19,357,000 California ...... Travis Air Force Base ...... 56 Units ...... $12,723,000 Delaware ...... Dover Air Force Base ...... 112 Units ...... $19,601,000 Florida ...... Eglin Air Force Base ...... 279 Units ...... $32,166,000 Idaho ...... Mountain Home Air Force Base ...... 186 Units ...... $37,126,000 Maryland ...... Andrews Air Force Base ...... 50 Units ...... $20,233,000 Missouri ...... Whiteman Air Force Base ...... 100 Units ...... $18,221,000 Montana ...... Malmstrom Air Force Base ...... 94 Units ...... $19,368,000 North Carolina ...... Seymour Johnson Air Force Base ...... 138 Units ...... $18,336,000 North Dakota ...... Grand Forks Air Force Base ...... 144 Units ...... $29,550,000 Minot Air Force Base ...... 200 Units ...... $41,117,000 South Dakota ...... Ellsworth Air Force Base ...... 75 Units ...... $16,240,000 Texas ...... Dyess Air Force Base ...... 116 Units ...... $19,973,000 Randolph Air Force Base ...... 96 Units ...... $13,754,000 Korea ...... Osan Air Base ...... 111 Units ...... $44,765,000 Portugal ...... Lajes Field, Azores ...... 42 Units ...... $13,428,000 United Kingdom ...... Royal Air Force, Lakenheath ...... 89 Units ...... $23,640,000

Total ...... $399,598,000

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $33,488,000. SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, Unites States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $227,979,000. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2003, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,477,609,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $660,282,000. (2) For military construction projects outside the United States authorized by section 2301(b), $169,392,000. (3) For military construction projects at unspecified worldwide locations authorized by section 2301(c), $28,981,000. (4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $12,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $115,421,000. (6) For military housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $657,065,000.

(B) For support of military family housing ations authorized by section 2853 of title 10, to be appropriated under paragraphs (1), (2), (including functions described in section 2833 of United States Code, and any other cost vari- and (3) of subsection (a). title 10, United States Code), $834,468,000. ation authorized by law, the total cost of all (b) LIMITATION ON TOTAL COST OF CONSTRUC- projects carried out under section 2301 of this TION PROJECTS.—Notwithstanding the cost vari- Act may not exceed the total amount authorized

TITLE XXIV—DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Education Activity ...... Marine Corps Base, Camp Lejeune, North Carolina ...... $15,259,000 Defense Logistics Agency ...... Defense Distribution Depot, New Cumberland, Pennsylvania ...... $27,700,000 Eglin Air Force Base, Florida ...... $4,800,000 Eielson Air Force Base, Alaska ...... $17,000,000 Hickam Air Force Base, Hawaii ...... $14,100,000 Hurlburt Field, Florida ...... $4,100,000 Offutt Air Force Base, Nebraska ...... $13,400,000 Langley Air Force Base, Virginia ...... $13,000,000 Laughlin Air Force Base, Texas ...... $4,688,000 McChord Air Force Base, Washington ...... $8,100,000 Naval Air Station, Kingsville, Texas ...... $9,200,000 Nellis Air Force Base, Nevada ...... $12,800,000 National Security Agency ...... Fort Meade, Maryland ...... $1,842,000 Special Operations Command ...... Dam Neck, Virginia ...... $15,281,000 Fort Benning, Georgia ...... $2,100,000 Fort Bragg, North Carolina ...... $36,300,000 Fort Campbell, Kentucky ...... $7,800,000 Harrisburg International Airport, Pennsylvania ...... $3,000,000 Hurlburt Field, Florida ...... $6,000,000 MacDill, Air Force Base, Florida ...... $25,500,000 Naval Amphibious Base, Coronado, California ...... $2,800,000 TRICARE Management Activity ...... Fort Hood, Texas ...... $9,400,000 Naval Station, Anacostia, District of Columbia ...... $15,714,000 Naval Submarine Base, New London, Connecticut ...... $6,700,000 United States Air Force Academy, Colorado ...... $22,100,000 Walter Reed Medical Center, District of Columbia ...... $9,000,000 Washington Headquarters Services ...... Arlington, Virginia ...... $38,086,000

Total ...... $345,770,000

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00103 Fmt 7634 Sfmt 8633 E:\CR\FM\A21MY7.043 H21PT1 H4474 CONGRESSIONAL RECORD — HOUSE May 21, 2003

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity ...... Grafenwoehr, Germany ...... $36,247,000 Heidelberg, Germany ...... $3,086,000 Vilseck, Germany ...... $1,773,000 Sigonella, Italy ...... $30,234,000 Vicenza, Italy ...... $16,374,000 Camp Humphreys, Korea ...... $31,683,000 Special Operations Command ...... Stuttgart, Germany ...... $11,400,000 TRICARE Management Activity ...... Anderson Air Force Base, Guam ...... $26,000,000 Grafenwoehr, Germany ...... $12,585,000

Total ...... $169,382,000

SEC. 2402. FAMILY HOUSING. thorized by section 2401(a) of the Military Con- retary of Defense under section 2806 of title 10, Using amounts appropriated pursuant to the struction Authorization Act for Fiscal Year 2003 United States Code, for the share of the United authorization of appropriations in section (division B of Public Law 107–314; 116 Stat. States of the cost of projects for the North At- 2405(a)(8)(A), the Secretary of Defense may 2695), $25,700,000. lantic Treaty Organization Security Investment carry out architectural and engineering services (10) For the construction of phase 5 of an am- program authorized by section 2501, in the and construction design activities with respect munition demilitarization facility at Pueblo amount of $169,300,000. to the construction or improvement of military Depot Activity, Colorado, authorized by section TITLE XXVI—GUARD AND RESERVE family housing units in an amount not to exceed 2401(a) of the Military Construction Authoriza- FORCES FACILITIES $300,000. tion Act for Fiscal Year 1997 (division B of Pub- SEC. 2601. AUTHORIZED GUARD AND RESERVE SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY lic Law 104–201; 110 Stat. 2775), as amended by CONSTRUCTION AND LAND ACQUISI- HOUSING UNITS. section 2406 of the Military Construction Au- TION PROJECTS. Subject to section 2825 of title 10, United thorization Act for Fiscal Year 2000 (division B There are authorized to be appropriated for States Code, and using amounts appropriated of Public Law 106–65; 113 Stat. 839) and section fiscal years beginning after September 30, 2003, pursuant to the authorization of appropriations 2407 of the Military Construction Authorization for the costs of acquisition, architectural and in section 2405(a)(8)(A), the Secretary of Defense Act for Fiscal Year 2003 (division B of Public engineering services, and construction of facili- may improve existing military family housing Law 107–314; 116 Stat. 2698), $88,388,000. ties for the Guard and Reserve Forces, and for units in an amount not to exceed $50,000. (11) For the construction of phase 6 of an am- contributions therefor, under chapter 1803 of SEC. 2404. ENERGY CONSERVATION PROJECTS. munition demilitarization facility at Newport title 10, United States Code (including the cost Using amounts appropriated pursuant to the Army Ammunition Plant, Indiana, authorized of acquisition of land for those facilities), the authorization of appropriations in section by section 2401(a) of the Military Construction following amounts: 2405(a)(6), the Secretary of Defense may carry Authorization Act for Fiscal Year 1999 (division (1) For the Department of the Army— out energy conservation projects under section B of Public Law 105–261; 112 Stat. 2193), as (A) for the Army National Guard of the 2865 of title 10, United States Code, in the amended by section 2406 of the Military Con- United States, $253,788,000; and amount of $69,500,000. struction Authorization Act for Fiscal Year 2003 (B) for the Army Reserve, $89,840,000. (division B of Public Law 107–314; 116 Stat. (2) For the Department of the Navy, for the SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, Naval and Marine Corps Reserve, $45,762,000. DEFENSE AGENCIES. 2698), $15,207,000. (12) For the construction of phase 4 of an am- (3) For the Department of the Air Force— (a) IN GENERAL.—Funds are hereby author- munition demilitarization facility at Blue Grass (A) for the Air National Guard of the United ized to be appropriated for fiscal years begin- Army Depot, Kentucky, authorized by section States, $123,408,000; and ning after September 30, 2003, for military con- 2401(a) of the Military Construction Authoriza- (B) for the Air Force Reserve, $61,143,000. struction, land acquisition, and military family tion Act for Fiscal Year 2000 (division B of Pub- TITLE XXVII—EXPIRATION AND housing functions of the Department of Defense lic Law 106–65; 113 Stat. 835), as amended by EXTENSION OF AUTHORIZATIONS (other than the military departments) in the section 2405 of the Military Construction Au- total amount of $1,223,066,000, as follows: SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND thorization Act for Fiscal Year 2002 (division B AMOUNTS REQUIRED TO BE SPECI- (1) For military construction projects inside of Public Law 107–107; 115 Stat. 1298) and sec- FIED BY LAW. the United States authorized by section 2401(a), tion 2405 of the Military Construction Author- (a) EXPIRATION OF AUTHORIZATIONS AFTER $343,570,000. ization Act for Fiscal Year 2003 (division B of THREE YEARS.—Except as provided in subsection (2) For military construction projects outside Public Law 107–314; 116 Stat. 2698), $16,220,000. (b), all authorizations contained in titles XXI the United States authorized by section 2401(b), (b) LIMITATION ON TOTAL COST OF CONSTRUC- through XXVI for military construction $152,017,000. TION PROJECTS.—Notwithstanding the cost vari- projects, land acquisition, family housing (3) For unspecified minor construction ations authorized by section 2853 of title 10, projects and facilities, and contributions to the projects under section 2805 of title 10, United United States Code, and any other cost vari- North Atlantic Treaty Organization Security In- States Code, $16,153,000. ation authorized by law, the total cost of all vestment program (and authorizations of appro- (4) For contingency construction projects of projects carried out under section 2401 of this priations therefor) shall expire on the later of— the Secretary of Defense under section 2804 of Act may not exceed the total amount authorized (1) October 1, 2006; or title 10, United States Code, $8,960,000. to be appropriated under paragraphs (1) and (2) (2) the date of the enactment of an Act au- (5) For architectural and engineering services of subsection (a). thorizing funds for military construction for fis- and construction design under section 2807 of cal year 2007. TITLE XXV—NORTH ATLANTIC TREATY title 10, United States Code, $66,834,000. (b) EXCEPTION.—Subsection (a) shall not (6) For energy conservation projects author- ORGANIZATION SECURITY INVESTMENT apply to authorizations for military construc- ized by section 2404, $69,500,000. PROGRAM tion projects, land acquisition, family housing (7) For base closure and realignment activities SEC. 2501. AUTHORIZED NATO CONSTRUCTION projects, and facilities, and contributions to the as authorized by the Defense Base Closure and AND LAND ACQUISITION PROJECTS. North Atlantic Treaty Organization Security In- Realignment Act of 1990 (part A of title XXIX of The Secretary of Defense may make contribu- vestment program (and authorizations of appro- Public Law 101–510; 10 U.S.C. 2687 note), tions for the North Atlantic Treaty Organiza- priations therefor) for which appropriated funds $370,427,000. tion Security Investment program as provided in have been obligated before the later of— (8) For military family housing functions: section 2806 of title 10, United States Code, in an (1) October 1, 2006; or (A) For planning, design, and improvement of amount not to exceed the sum of the amount au- (2) the date of the enactment of an Act au- military family housing and facilities, $350,000. thorized to be appropriated for this purpose in thorizing funds for fiscal year 2007 for military (B) For support of military family housing section 2502 and the amount collected from the construction projects, land acquisition, family (including functions described in section 2833 of North Atlantic Treaty Organization as a result housing projects and facilities, and contribu- title 10, United States Code), $49,440,000. of construction previously financed by the tions to the North Atlantic Treaty Organization (C) For credit to the Department of Defense United States. Security Investment program. Family Housing Improvement Fund established SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, SEC. 2702. EXTENSION OF AUTHORIZATION OF by section 2883(a)(1) of title 10, United States NATO. CERTAIN FISCAL YEAR 2001 Code, $300,000. Funds are hereby authorized to be appro- PROJECT. (9) For construction of the Defense Threat Re- priated for fiscal years beginning after Sep- (a) EXTENSION OF CERTAIN PROJECT.—Not- duction Center at Fort Belvoir, Virginia, au- tember 30, 2003, for contributions by the Sec- withstanding section 2701 of the Floyd D.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00104 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.044 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4475 Spence National Defense Authorization Act for provided in section 2102 of that Act, shall re- for military construction for fiscal year 2005, Fiscal Year 2001 (as enacted into law by Public main in effect until October 1, 2004, or the date whichever is later. Law 106–398; 114 Stat. 1654A–407), the author- of the enactment of an Act authorizing funds (b) TABLE.—The table referred to in subsection ization set forth in the table in subsection (b), as (a) is as follows:

Army: Extension of 2001 Project Authorization

State Installation or location Project Amount

South Carolina ...... Fort Jackson ...... New Construc- tion—GFOQ ... $250,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2000 PROJECTS. (a) EXTENSION.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 65; 113 Stat. 841), the authorizations set forth in the tables in subsection (b), as provided in section 2302 or 2601 of that Act and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2700), shall remain in effect until October 1, 2004, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2005, whichever is later. (b) TABLES.—The tables referred to in subsection (a) is as follows:

Air Force: Extension of 2000 Project Authorization

State Installation or location Project Amount

Oklahoma ...... Tinker Air Force Base ...... Replace Family Housing (41 Units) ...... $6,000,000

Army National Guard: Extension of 2000 Project Authorization

State Installation or location Project Amount

Virginia ...... Fort Pickett ...... Multi-purpose Range-Heavy $13,500,000

SEC. 2704. EFFECTIVE DATE. ‘‘(4) Income derived from any activities under ‘‘(A) The Secretary may transfer funds from Titles XXI, XXII, XXIII, XXIV, XXV, and this subchapter with respect to military family the Ford Island Improvement Account to the XXVI of this Act shall take effect on the later housing or military unaccompanied housing, in- Department of Defense Housing Improvement of— come and gains realized from investments under Fund established by section 2883(a) of this (1) October 1, 2003; or section 2875 of this title, and any return of cap- title.’’; and (2) the date of the enactment of this Act. ital invested as part of such investments. (B) in subparagraph (B), by striking ‘‘a fund’’ TITLE XXVIII—GENERAL PROVISIONS ‘‘(5) Any amounts that the Secretary of the and inserting ‘‘the Fund’’. Subtitle A—Military Construction Program Navy transfers to the Fund pursuant to section (2) Section 2871(6) of such title is amended by and Military Family Housing Changes 2814(i)(3) of this title, subject to the restrictions striking ‘‘Department of Defense Family Hous- on the use of the transferred amounts specified SEC. 2801. INCREASE IN MAXIMUM AMOUNT OF ing Improvement Fund or the Department of De- AUTHORIZED ANNUAL EMERGENCY in that section.’’. fense Military Unaccompanied Housing Im- CONSTRUCTION. (2) Such section is further amended— provement Fund’’ and inserting ‘‘Department of Section 2803(c)(1) of title 10, United States (A) by redesignating subsections (d) through Defense Housing Improvement Fund’’. Code, is amended by striking ‘‘$30,000,000’’ and (g) as (c) through (f), respectively; (3) Section 2875(e) of such title is amended by (B) in subsection (c), as so redesignated— striking ‘‘Department of Defense Family Hous- inserting ‘‘$45,000,000’’. (i) in the subsection heading, by striking ing Improvement Fund or the Department of De- SEC. 2802. AUTHORITY TO LEASE MILITARY FAM- ‘‘FUNDS’’ and inserting ‘‘FUND’’; ILY HOUSING UNITS IN ITALY. (ii) in paragraph (1)— fense Military Unaccompanied Housing Im- Section 2828(e)(2) of title 10, United States (I) by striking ‘‘subsection (e)’’ and inserting provement Fund’’ and inserting ‘‘Department of Code, is amended by striking ‘‘2,000 units‘‘ and ‘‘subsection (d)’’; and Defense Housing Improvement Fund’’. inserting ‘‘2,800 units’’. (II) by striking ‘‘Department of Defense Fam- (e) CLERICAL AMENDMENTS.—(1) The section SEC. 2803. CHANGES TO ALTERNATIVE AUTHOR- ily Housing Improvement Fund’’ and inserting heading for section 2883 of such title is amended ITY FOR ACQUISITION AND IM- ‘‘Fund’’; to read as follows: PROVEMENT OF MILITARY HOUSING. (iii) by striking paragraph (2); and ‘‘§ 2883. Department of Defense Housing Im- (a) SPACE LIMITATIONS BY PAY GRADE.—Sec- (iv) by redesignating paragraph (3) as para- provement Fund’’. tion 2880(b)(2) of title 10, United States Code, is graph (2); (2) The table of sections at the beginning sub- amended by striking ‘‘unless the unit is located (C) in subsection (e), as so redesignated, by chapter IV of chapter 169 of such title is amend- on a military installation’’. striking ‘‘a Fund under paragraph (1)(B) or ed by striking the item relating to section 2883 (b) DEPARTMENT OF DEFENSE HOUSING (2)(B) of subsection (c)’’ and inserting ‘‘the and inserting the following new item: FUND.—(1) Section 2883 of such title is amended Fund under subsection (b)(2)’’; and by striking subsections (a), (b), and (c) and in- (D) in subsection (f), as so redesignated, by ‘‘2883. Department of Defense Housing Improve- serting the following new subsections (a) and striking ‘‘$850,000,000’’ in paragraph (1) and in- ment Fund.’’. (b): serting ‘‘$900,000,000’’. SEC. 2804. ADDITIONAL MATERIAL FOR ANNUAL ‘‘(a) ESTABLISHMENT.—There is hereby estab- (c) TRANSFER OF UNOBLIGATED AMOUNTS.—(1) REPORT ON HOUSING PRIVATIZA- lished on the books of the Treasury an account The Secretary of Defense shall transfer to the TION PROGRAM. to be known as the Department of Defense Department of Defense Housing Improvement Section 2884(b) of title 10, United States Code, Housing Improvement Fund (in this section re- Fund established under section 2883(a) of title is amended— ferred to as the ‘Fund’). 10, United States Code (as amended by sub- (1) in paragraph (2), by inserting before the ‘‘(b) CREDITS TO FUND.—There shall be cred- section (b)), any amounts in the Department of period at the end the following: ‘‘, and such rec- ited to the Fund the following: Defense Family Housing Improvement Fund and ommendations as the Secretary considers nec- ‘‘(1) Amounts authorized for and appropriated the Department of Defense Military Unaccom- essary for improving the extent and effectiveness to the Fund. panied Housing Improvement that remain avail- of the use of such authorities in the future’’; ‘‘(2) Subject to subsection (e), any amounts able for obligation as of the date of the enact- and that the Secretary of Defense transfers, in such ment of this Act. (2) by striking paragraph (3) and inserting the amounts as are provided for in appropriation (2) Amounts transferred to the Department of following new paragraphs: Acts, to the Fund from amounts authorized and Defense Housing Improvement Fund under ‘‘(3) A review of activities of the Secretary appropriated to the Department of Defense for paragraph (1) shall be merged with amounts in under this subchapter during such preceding the acquisition or construction of military fam- that Fund, and shall be available for the same fiscal year, shown for military family housing, ily housing or military unaccompanied housing. purposes, and subject to the same conditions military unaccompanied housing, dual military ‘‘(3) Proceeds from the conveyance or lease of and limitations, as other amounts in that Fund. family housing and military unaccompanied property or facilities under section 2878 of this (d) CONFORMING AMENDMENTS.—(1) Para- housing, and ancillary supporting facilities. title for the purpose of carrying out activities graph (3) of section 2814(i) of such title is ‘‘(4) If a contract for the acquisition or con- under this subchapter with respect to military amended— struction of military family housing, military family housing or military unaccompanied (A) by striking subparagraph (A) and insert- unaccompanied housing, or dual military family housing. ing the following new subparagraph (A): housing and military unaccompanied housing

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00105 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.044 H21PT1 H4476 CONGRESSIONAL RECORD — HOUSE May 21, 2003 entered into during the preceding fiscal year did section (b)(2) in the Department of Defense submit to the appropriate committees of Con- not include the acquisition or construction of Housing Improvement Fund established under gress advance written notice before appropria- the types of ancillary supporting facilities spe- section 2883(a) of this title. tions available for operation and maintenance cifically referred to in section 2871(1) of this ‘‘(e) ANNUAL REPORT.—The Secretary of De- are obligated for construction described in para- title, a explanation of the reasons why such an- fense shall include each year in the materials graph (2). The notice shall be submitted not cillary supporting facilities were not included. that the Secretary submits to Congress in sup- later than 14 days before the date on which ap- ‘‘(5) A description of the Secretary’s plans for port of the budget submitted by the President propriations available for operation and mainte- housing privatization activities under this sub- pursuant to section 1105 of title 31 a report de- nance are first obligated for that construction chapter (A) during the fiscal year for which the tailing the extent to which the Secretary used and shall contain the information required by budget is submitted, and (B) during the period the authority provided by subsection (a) to con- subsection (c). covered by the then-current future-years de- vey real property in exchange for military con- ‘‘(2) Paragraph (1) applies with respect to any fense plan under section 221 of this title.’’. struction and military housing and plans for the construction having an estimated total cost of use of such authority for the future. The report SEC. 2805. AUTHORITY TO CONVEY PROPERTY AT more than $1,500,000, but not more than MILITARY INSTALLATIONS CLOSED shall include the following: $5,000,000, which is paid for in whole or in part OR TO BE CLOSED IN EXCHANGE ‘‘(1) The total value of the real property that using appropriations available for operation FOR MILITARY CONSTRUCTION AC- was actually conveyed during the preceding fis- and maintenance, if— TIVITIES. cal year using the authority provided by sub- ‘‘(A) the construction is necessary to meet ur- (a) IN GENERAL.—(1) Subchapter III of chap- section (a). gent military operational requirements of a tem- ter 169 of title 10, United States Code, is amend- ‘‘(2) The total value of the military construc- porary nature; ed by adding at the end the following new sec- tion and military housing services obtained in ‘‘(B) the construction was not carried out at tion: exchange, and, if the dollar goal specified in a military installation where the United States subsection (c)(2) was not achieved for a military ‘‘§ 2869. Conveyance of property at military in- is reasonably expected to have a long-term inter- department, an explanation regarding the rea- est or presence; stallations closed or to be closed in ex- sons why the goal was not achieved. change for military construction activities ‘‘(C) the United States has no intention of ‘‘(3) The current inventory of unconveyed using the construction after the operational re- ‘‘(a) CONVEYANCE AUTHORIZED; CONSIDER- lands at military installations closed or re- quirement has been satisfied; and ATION.—The Secretary of Defense may enter aligned under a base closure law. ‘‘(D) the level of construction is the minimum into an agreement to convey real property, in- ‘‘(4) A description of the results of convey- necessary to meet the temporary operational cluding any improvements thereon, located on a ances under subsection (a) during the preceding need. fiscal year and plans for such conveyances for military installation that is closed or realigned ‘‘(b) WAIVER AUTHORITY; CONGRESSIONAL NO- the current fiscal year, the fiscal year covered under a base closure law to any person who TIFICATION.—(1) The Secretary concerned may by the budget, and the period covered by the agrees, in exchange for the real property— waive the advance notice requirement under current future-years defense program under sec- ‘‘(1) to carry out, or provide services in con- subsection (a) on a case-by-case basis if the Sec- tion 221 of this title. nection with, an authorized military construc- retary determines that— ‘‘(f) DESCRIPTION OF PROPERTY.—The exact tion project; or ‘‘(A) the project is vital to the national secu- acreage and legal description of real property ‘‘(2) to transfer to the Secretary of Defense rity or to the protection of health, safety, or the conveyed under subsection (a) shall be deter- housing that is constructed or provided by the quality of the environment; and mined by surveys satisfactory to the Secretary of person and located at or near a military instal- ‘‘(B) the requirement for the construction is so Defense. lation at which there is a shortage of suitable urgent that deferral of the construction during ‘‘(g) ADDITIONAL TERMS AND CONDITIONS.— military family housing or military unaccom- the period specified in subsection (a)(1) would The Secretary of Defense may require such addi- panied housing (or both). be inconsistent with national security or the tional terms and conditions in connection with ‘‘(b) CONDITIONS ON CONVEYANCE AUTHOR- protection of health, safety, or environmental a conveyance under subsection (a) as the Sec- ITY.—A conveyance of real property may be quality, as the case may be. retary considers appropriate to protect the inter- made under subsection (a) only if— ‘‘(2) Not later than five days after the date on ‘‘(1) the fair market value of the consideration ests of the United States.’’. (2) The table of sections at the beginning of which a waiver is granted under paragraph (1), to be received in exchange for the real property the Secretary concerned shall provide to the ap- conveyed under subsection (a) is equal to or such subchapter is amended by adding at the end the following new item: propriate committees of Congress written notice greater than the fair market value of the prop- containing the reasons for the waiver and the ‘‘2869. Conveyance of property at military in- erty, including any improvements thereon, as information required by subsection (c) with re- stallations closed or to be closed determined by the Secretary concerned; and gard to the construction for which the waiver in exchange for military construc- ‘‘(2) in the event the fair market value of the was granted. tion activities.’’. consideration to be received is equal to at least ‘‘(c) CONTENT OF NOTICE.—The notice pro- (b) EXCEPTION TO REQUIREMENT FOR AUTHOR- 90 percent, but less than 100 percent, of the fair vided under subsection (a) or (b) with regard to IZATION OF NUMBER OF HOUSING UNITS.—Sec- market value of the real property to be con- construction funded using appropriations avail- tion 2822 of such title is amended by adding at veyed, including any improvements thereon, the able for operation and maintenance shall in- recipient of the property agrees to pay to the the end the following new paragraph: ‘‘(6) Housing units constructed or provided clude the following: Secretary of Defense an amount equal to the ‘‘(1) A description of the purpose for which under section 2869 of this title.’’. difference in the fair market values. (c) CONFORMING AMENDMENT TO DEPARTMENT the funds are being obligated. ‘‘(c) USE OF AUTHORITY.—(1) To the maximum ‘‘(2) An estimate of the total amount to be ob- OF DEFENSE HOUSING IMPROVEMENT FUND.— extent practicable, the Secretary of Defense Section 2883(b) of such title, as amended by sec- ligated for the construction. shall use the authority provided by subsection ‘‘(3) The reasons appropriations available for tion 2803, is further amended by adding at the (a) to convey at least 20 percent of the total operation and maintenance are being used. end the following new paragraph: acreage conveyed each fiscal year at military in- ‘‘(6) Any amounts that the Secretary con- ‘‘(d) LIMITATIONS ON USE OF OPERATION AND stallations closed or realigned under the base cerned transfers to the Fund pursuant to section MAINTENANCE FUNDS.—(1) The Secretary con- closure laws. Notice of the proposed use of this 2869 of this title.’’. cerned shall not use appropriations available for authority shall be provided in such manner as (d) CONFORMING REPEALS TO BASE CLOSURE operation and maintenance to carry out any the Secretary may prescribe, including publica- LAWS.—(1) Section 204(e) of the Defense Author- construction having an estimated total cost of tion in the Federal Register and otherwise. In ization Amendments and Base Closure and Re- more than $5,000,000. determining such total acreage for a fiscal year, alignment Act (Public Law 100–526; 10 U.S.C. ‘‘(2) The total cost of construction carried out the Secretary shall exclude real property identi- 2687 note) is repealed. by the Secretaries concerned in whole or in part fied in a redevelopment plan as property essen- (2) Section 2905(f) of the Defense Base Closure using appropriations available for operation tial to the reuse or redevlopment of a military and Realignment Act of 1990 (part A of title and maintenance shall not exceed $200,000,000 installation closed or to be closed under a base XXIX of Public Law 101–510; 10 U.S.C. 2687 in any fiscal year. closure law. note) is repealed. ‘‘(e) QUARTERLY REPORT.—The Secretary con- ‘‘(2) To the maximum extent practicable, the SEC. 2806. CONGRESSIONAL NOTIFICATION AND cerned shall submit to the appropriate commit- Secretary of Defense shall endeavor to use the REPORTING REQUIREMENTS AND tees of Congress a quarterly report on the world- authority provided by subsection (a) to obtain LIMITATIONS REGARDING USE OF wide obligation and expenditure of appropria- military construction and military housing serv- OPERATION AND MAINTENANCE tions available for operation and maintenance ices having a total value of at least $200,000,000 FUNDS FOR CONSTRUCTION. by the Secretary concerned for construction dur- each fiscal year for each of the military depart- (a) IN GENERAL.—Subchapter I of chapter 169 ing the preceding quarter.’’. ments. of title 10, United States Code, is amended by in- (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(3) The Secretary concerned shall utilize the serting after section 2809 the following new sec- tions at the beginning of such subchapter is authority provided in subsection (a) in lieu of tion: amended by inserting after the item relating to obligating and expending funds appropriated ‘‘§ 2810. Use of operation and maintenance section 2809 the following new item: for military construction and military housing funds for construction: notification and re- ‘‘2810. Use of operation and maintenance funds projects that are authorized by law. porting requirements and limitations for construction: notification and ‘‘(d) DEPOSIT OF FUNDS.—The Secretary of ‘‘(a) ADVANCE NOTIFICATION OF OBLIGATION reporting requirements and limita- Defense may deposit funds received under sub- OF FUNDS.—(1) The Secretary concerned shall tions.’’.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00106 Fmt 7634 Sfmt 6343 E:\CR\FM\A21MY7.044 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4477 SEC. 2807. INCREASE IN AUTHORIZED MAXIMUM sas for the property on which the old facility is SEC. 2824. LAND CONVEYANCE, FORT CAMPBELL, LEASE TERM FOR FAMILY HOUSING located. KENTUCKY AND TENNESSEE. AND OTHER FACILITIES IN CERTAIN (b) CONVEYANCE OF FACILITY.—As part of the (a) CONVEYANCE AUTHORIZED.—The Secretary FOREIGN COUNTRIES. termination of the lease under subsection (a), of the Army may convey to the department of (a) LEASE OF MILITARY FAMILY HOUSING.— the Secretary may convey, without consider- transportation of the State of Tennessee (in this Section 2828(d)(1) of title 10, United States Code, ation, to the University of Central Arkansas all section referred to as the ‘‘department’’) all is amended by striking ‘‘ten years,’’ and insert- right, title, and interest of the United States in right, title, and interest of the United States in ing ‘‘10 years, or 15 years in the case of leases and to the Army Reserve facility located on the and to a parcel of real property (right-of-way), in Korea,’’. leased property. including any improvements thereon, located at (b) LEASES OF OTHER FACILITIES.—Section (c) ASSUMPTION OF LIABILITY.—The Univer- Fort Campbell, Kentucky and Tennessee, for the 2675 of such title is amended by inserting after sity of Central Arkansas shall expressly accept purpose of realigning and upgrading United ‘‘five years,’’ the following: ‘‘or 15 years in the any and all liability pertaining to the physical States Highway 79 from a two-lane highway to case of a lease in Korea,’’. condition of the Army Reserve facility conveyed a four-lane highway. Subtitle B—Real Property and Facilities under subsection (b) and shall hold the United (b) CONSIDERATION.—(1) As consideration for Administration States harmless from any and all liability aris- the conveyance under subsection (a), the de- SEC. 2811. REAL PROPERTY TRANSACTIONS. ing from the facility’s physical condition. partment shall pay from any source (including (a) INCREASE IN LAND ACQUISITION AUTHORITY SEC. 2822. ACTIONS TO QUIET TITLE, FALLIN WA- Federal funds made available to the State from COST THRESHOLD.—Section 2672 of title 10, TERS SUBDIVISION, EGLIN AIR the Highway Trust Fund) all of the costs of the United States Code, is amended by striking FORCE BASE, FLORIDA. Secretary incurred— ‘‘$500,000’’ both places it appears and inserting (a) AUTHORITY TO QUIET TITLE.—Notwith- (A) to convey the property, including costs re- ‘‘$1,500,000’’. standing the restoration provisions under the lated to the preparation of documents under the (b) PROMPT NOTIFICATION OF CERTAIN LAND heading ‘‘QUARTERMASTER CORPS’’ in the Second National Environmental Policy Act of 1969 (42 ACQUISITIONS.—Section 2672a of such title is Deficiency Appropriation Act, 1940 (Act of June U.S.C. 4321 et seq.), surveys (including all sur- amended— 27, 1940; chapter 437; 54 Stat. 655), the Secretary veys required under subsection (c)), cultural re- (1) in subsection (a)(1), by striking ‘‘he or his of the Air Force may take appropriate action to views, and administrative oversight; designee’’ and inserting ‘‘the Secretary’’; quiet title to tracts of land referred to in para- (B) to relocate a cemetery to permit the high- (2) in subsection (b), by striking the last sen- graph (2) on, at, adjacent, adjoining, or near way realignment and upgrading; tence; and Eglin Air Force Base, Florida. The Secretary (C) to acquire approximately 200 acres of mis- (3) by adding at the end the following new may take such action in order to resolve en- sion-essential replacement property required to subsection: croachments upon private property by the support the training mission at Fort Campbell; ‘‘(c) Not later than 10 days after the deter- United States and upon property of the United and mination is made under subsection (a)(1) that States by private parties, which resulted from (D) to dispose of residual Federal property lo- acquisition of an interest in land is needed in reliance on inaccurate surveys. cated south of the realigned highway. (2) The tracts of land referred to in paragraph the interest of the national defense, the Sec- (2) The Secretary may accept funds under this (1) are generally described as south of United retary of the military department making that subsection from the Federal Highway Adminis- States Highway 98 and bisecting the north/south determination shall provide to the Committee on tration or the State of Tennessee to pay costs section line of sections 13 and 14, township 2 Armed Services of the Senate and the Committee described in paragraph (1) and credit them to south, range 25 west, located in the platted sub- on Armed Services of the House of Representa- the appropriate Department of the Army ac- division of Fallin Waters, Okaloosa County, tives written notice containing a description of counts for the purpose of paying such costs. the property and interest to be acquired and the Florida. The exact acreage and legal description (3) All funds accepted by the Secretary under reasons for the acquisition.’’. of such tracts of land shall be determined by a this subsection shall remain available until ex- (c) MODIFICATION OF RELATED NOTIFICATION survey satisfactory to the Secretary. pended. REQUIREMENTS.—Section 2662 of such title is (b) AUTHORIZED ACTIONS.—In carrying out amended— subsection (a), appropriate action by the Sec- (c) DESCRIPTION OF PROPERTY.—The exact (1) in subsection (a)— retary may include any of the following: acreage and legal description of the property to (A) by striking ‘‘30 days’’ and all that follows (1) Disclaiming, on behalf of the United be conveyed under subsection (a) or acquired through ‘‘is submitted’’ and inserting ‘‘14 days States, any intent by the United States to ac- and disposed of under section (b) shall be deter- after the beginning of the month with respect to quire by prescription any property at or in the mined by surveys satisfactory to the Secretary. which a single report containing the facts con- vicinity of Eglin Air Force Base. (d) ADDITIONAL TERMS AND CONDITIONS.—The cerning such transaction and all other such pro- (2) Disposing of tracts of land owned by the Secretary may require such additional terms posed transactions for that month is submitted, United States. and conditions in connection with the convey- not later than the first day of that month,’’; (3) Acquiring tracts of land by purchase, by ance under subsection (a) as the Secretary con- and donation, or by exchange for tracts of land siders appropriate to protect the interests of the (B) by striking ‘‘$500,000’’ each place it ap- owned by the United States at or adjacent to United States. pears and inserting ‘‘$1,500,000’’; Eglin Air Force Base. SEC. 2825. LAND CONVEYANCE, ARMY AND AIR (2) in subsection (b), by striking ‘‘more than’’ (c) ACREAGE LIMITATIONS.—Individual tracts FORCE EXCHANGE SERVICE PROP- and all that follows through ‘‘$500,000’’ and in- of land acquired or conveyed by the Secretary ERTY, DALLAS, TEXAS. serting ‘‘more than $250,000 but not more than under paragraph (2) or (3) of subsection (a) may (a) CONVEYANCE AUTHORIZED.—The Secretary $1,500,000’’; not exceed .10 acres. The total acreage so ac- of Defense may authorize the Army and Air (3) in subsection (e)— quired may not exceed two acres. Force Exchange Service, a nonappropriated (A) by striking ‘‘$500,000’’ and inserting (d) CONSIDERATION.—Any conveyance by the fund instrumentality of the United States, to ‘‘$1,000,000’’; and Secretary under this section may be made, at the convey, by sale, all right, title, and interest of (B) by striking ‘‘thirty days’’ and inserting discretion of the Secretary, without consider- the United States in and to a parcel of real ‘‘14 days’’; and ation, or by exchange for tracts of land adjoin- property, including any improvements thereon, (4) in subsection (g)(3), by striking ‘‘30 days’’ ing Eglin Air Force Base in possession of private located at 1515 Roundtable Drive in Dallas, and inserting ‘‘14 days’’. parties who mistakenly believed that they had Texas. (d) CLERICAL AMENDMENTS.—(1) The heading acquired title to such tracts. (b) CONSIDERATION.—As consideration for of section 2672 of such title is amended to read SEC. 2823. MODIFICATION OF LAND CONVEYANCE, conveyance under subsection (a), the purchaser as follows: EGLIN AIR FORCE BASE, FLORIDA. shall pay to the Secretary, in a single lump sum ‘‘§ 2672. Authority to acquire low-cost interests (a) MODIFICATION.—Public Law 91-347 (84 payment, an amount equal to the fair market in land’’. Stat. 447) is amended— value of the real property conveyed, as deter- mined by the Secretary. Section 574(a) of title (2) The item relating to section 2672 in the (1) in the first section, by inserting ‘‘or for 40, United States Code, shall apply with respect table of sections at the beginning of chapter 159 other public purposes’’ before the period at the to the amounts received by the Secretary under of such title is amended to read as follows: end; and (2) in section 3(1)— this subsection. ‘‘2672. Authority to acquire low-cost interests in (A) by inserting ‘‘or for other public pur- (c) DESCRIPTION OF PROPERTY.—The exact land.’’. poses’’ after ‘‘schools’’; and acreage and legal description of the real prop- Subtitle C—Land Conveyances (B) by striking ‘‘such purpose’’ and inserting erty to be conveyed under subsection (a) shall be SEC. 2821. TERMINATION OF LEASE AND CONVEY- ‘‘such a purpose’’. determined by a survey satisfactory to the Sec- ANCE OF ARMY RESERVE FACILITY, (b) ALTERATION OF LEGAL INSTRUMENT.—The retary. The cost of the survey shall be borne by CONWAY, ARKANSAS. Secretary of the Air Force shall execute and file the purchaser. (a) TERMINATION OF LEASE.—Upon the com- in the appropriate office an amended deed or (d) ADDITIONAL TERMS AND CONDITIONS.—The pletion of the replacement facility authorized other appropriate instrument effectuating the Secretary may require such additional terms for the Army Reserve facility located in modification of the reversionary interest re- and conditions in connection with the convey- Conway, Arkansas, the Secretary of the Army tained by the United States in connection with ance under subsection (a) as the Secretary con- may terminate the 99-year lease between the the conveyance made pursuant to Public Law siders appropriate to protect the interests of the Secretary and the University of Central Arkan- 91-347. United States.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00107 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.044 H21PT1 H4478 CONGRESSIONAL RECORD — HOUSE May 21, 2003 SEC. 2826. LAND CONVEYANCE, NAVAL RESERVE ‘‘(i) at a minimum, assumes the force structure mittees, publish in the Federal Register, and CENTER, ORANGE, TEXAS. under the 1991 Base Force force structure (as send to the Commission the list required by (a) CONVEYANCE AUTHORIZED.—The Secretary defined in paragraph (5)) that is also known as paragraph (1). The list shall contain at least 50 of the Navy may convey to the City of Orange, the ‘Cheney-Powell force structure’; and percent of the total number of military installa- Texas (in this section referred to as the ‘‘City’’), ‘‘(ii) includes such consideration as the Sec- tions located inside the United States as of the all right, title, and interest of the United States retary considers appropriate of an assessment by date of the enactment of the National Defense in and to a parcel of unimproved real property the Secretary of— Authorization Act for Fiscal Year 2004. consisting of approximately 2.5 acres at Naval ‘‘(I) the probable threats to the national secu- Reserve Center, Orange, Texas for the purpose rity during the 20-year period beginning with ‘‘(3) The Commission shall consider the list of permitting the City to use the property for fiscal year 2005; based on the final criteria developed under sub- road construction, economic development, and ‘‘(II) the probable end-strength levels and section (e). The Commission may modify this other public purposes. major military force units (including land force list, in the manner provided in section 2903(d) (b) CONSIDERATION.—As consideration for the divisions, carrier and other major combatant and section 2914(d), if the Commission finds that conveyance under subsection (a), the City shall vessels, air wings, and other comparable units) the inclusion of a military installation on the provide the United States, whether by cash pay- needed to meet those threats; and list substantially violates the criteria. The Com- ment, in-kind contribution, or a combination ‘‘(III) the anticipated levels of funding that mission shall forward to the President, not later thereof, an amount that is not less than the fair will be available for national defense purposes than April 30, 2005, a report containing its rec- market value, as determined by the Secretary, of during such period.’’; ommendations regarding the list, which must the property conveyed under such subsection. (2) in paragraph (2)(A), by inserting before comply with the percentages specified in para- (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) the period at the end the following: ‘‘, based graph (2). The Comptroller General shall also The Secretary may require the City to cover upon an assumption that there are no installa- comply with section 2903(d)(5) by that date. costs to be incurred by the Secretary, or to reim- tions available outside the United States for the ‘‘(4) If the Commission submits a report to the burse the Secretary for costs incurred by the permanent basing of elements of the Armed President under paragraph (3), the President Secretary, to carry out the conveyance under Forces’’; shall notify Congress, not later than May 10, subsection (a), including survey costs, costs re- (3) in paragraph (4), by inserting after the lated to environmental documentation, and first sentence the following new sentence: ‘‘Any 2005, regarding whether the President approves other administrative costs related to the convey- such revision shall be consistent with this sub- or disapproves the report. If the President dis- ance. If amounts are collected from the City in section.’’; and approves the report, the Commission shall be advance of the Secretary incurring the actual (4) by adding at the end the following new dissolved, and the process by which military in- costs, and the amount collected exceeds the costs paragraph: stallations may be selected for closure or re- actually incurred by the Secretary to carry out ‘‘(5) BASE FORCE.—In this subsection, the term alignment under this part in 2005 shall be termi- the conveyance, the Secretary shall refund the ‘1991 Base Force force structure’ means the force nated. excess amount to the City. structure plan for the Armed Forces, known as ‘‘(5) A military installation included on the (2) Amounts received as reimbursement under the ‘Base Force’, that was adopted by the Sec- exclusion list approved under this subsection paragraph (1) shall be credited to the fund or retary of Defense in November 1990 based upon may not be included on the closure and realign- account that was used to cover the costs in- recommendations of the Chairman of the Joint ment list prepared under section 2914(a) or oth- curred by the Secretary in carrying out the con- Chiefs of Staff and as incorporated in the Presi- erwise considered for closure or realignment as veyance. Amounts so credited shall be merged dent’s budget for fiscal year 1992, as submitted part of the base closure process in 2005.’’. with amounts in such fund or account, and to Congress in February 1991 and that assumed shall be available for the same purposes, and the following force structure: SEC. 2843. USE OF FORCE-STRUCTURE PLAN FOR subject to the same conditions and limitations, ‘‘(A) For the Department of Defense, 1,600,000 THE ARMED FORCES IN PREPARA- as amounts in such fund or account. members of the Armed Forces on active duty and TION OF SELECTION CRITERIA FOR BASE CLOSURE ROUND. (d) EXEMPTION FROM FEDERAL SCREENING.— 900,000 members in an active status in the re- The conveyance authorized by subsection (a) is serve components. Section 2913(a) of the Defense Base Closure exempt from the requirement to screen the prop- ‘‘(B) For the Army, 12 active divisions, six Na- and Realignment Act of 1990 (part A of title erty for other Federal use pursuant to sections tional Guard divisions, and two cadre divisions XXIX of Public Law 101–510; 10 U.S.C. 2687 2693 and 2696 of title 10, United States Code. or their equivalents. note), as added by section 3002 of the National (e) DESCRIPTION OF PROPERTY.—The exact ‘‘(C) For the Navy, 12 aircraft carrier battle Defense Authorization Act for Fiscal Year 2002 acreage and legal description of the real prop- groups or their equivalents and 451 naval ves- (Public Law 107–107; 115 Stat. 1344), is amended erty to be conveyed under subsection (a) shall be sels, including 85 attack submarines. by adding at the end the following new para- determined by a survey satisfactory to the Sec- ‘‘(D) For the Marine Corps, three active and graph: retary. one Reserve divisions and three active and one ‘‘(3) USE OF FORCE-STRUCTURE PLAN.—In pre- (f) ADDITIONAL TERMS AND CONDITIONS.—The Reserve air wings. Secretary may require such additional terms ‘‘(E) For the Air Force, 15 active fighter wings paring the proposed and final criteria to be used and conditions in connection with the convey- and 11 National Guard fighter wings or their by the Secretary in making recommendations ance under subsection (a) as the Secretary con- equivalents.’’. under section 2914 for the closure or realignment siders appropriate to protect the interests of the (b) PREPARATION OF LIST OF MILITARY IN- of military installations inside the United United States. STALLATIONS EXCLUDED FROM CONSIDERATION IN States, the Secretary shall use the force-struc- ture plan for the Armed Forces prepared under Subtitle D—Other Matters 2005 ROUND.—Section 2913 of the Defense Base Closure and Realignment Act of 1990 (part A of section 2912(a).’’ SEC. 2841. REDESIGNATION OF YUMA TRAINING RANGE COMPLEX AS BOB STUMP title XXIX of Public Law 101–510; 10 U.S.C. 2687 SEC. 2844. REQUIREMENT FOR UNANIMOUS VOTE TRAINING RANGE COMPLEX. note), as added by section 3002 of the National OF DEFENSE BASE CLOSURE AND The military aviation training facility located Defense Authorization Act for Fiscal Year 2002 REALIGNMENT COMMISSION TO REC- in southwestern Arizona and southeastern Cali- (Public Law 107–107; 115 Stat. 1344), is amended OMMEND CLOSURE OF MILITARY IN- fornia and known as the Yuma Training Range by adding at the end the following new sub- STALLATION NOT RECOMMENDED sections: FOR CLOSURE BY SECRETARY OF DE- Complex shall be known and designated as the FENSE. ‘‘Bob Stump Training Range Complex’’. Any ‘‘(g) BASE EXCLUSION CRITERIA.—In preparing reference to such training range complex in any the selection criteria required by this section Section 2914(d) of the Defense Base Closure law, regulation, map, document, record, or other that will be used in making recommendations and Realignment Act of 1990 (part A of title paper of the United States shall be considered to for the closure or realignment of military instal- XXIX of Public Law 101–510; 10 U.S.C. 2687 be a reference to the Bob Stump Training Range lations inside the United States, the Secretary note), as added by section 3003 of the Military Complex. shall ensure that the final criteria reflect the re- Construction Authorization Act for Fiscal Year quirement to develop a list of those military in- SEC. 2842. MODIFICATION OF AUTHORITY TO 2002 (division B of Public Law 107–107; 155 Stat, CONDUCT A ROUND OF REALIGN- stallations to be excluded from the base closure 1346) and amended by section 2854 of the Bob MENTS AND CLOSURES OF MILITARY and realignment process, as provided in sub- Stump National Defense Authorization Act for INSTALLATIONS IN 2005. section (h). Fiscal Year 2003 (Public Law 107–314; 116 Stat. (a) REVISION TO FORCE STRUCTURE PLAN FOR ‘‘(h) LIST OF INSTALLATIONS EXCLUDED FROM 2728), is amended— 2005 ROUND.—Section 2912(a) of the Defense CONSIDERATION FOR CLOSURE OR REALIGN- Base Closure and Realignment Act of 1990 (part MENT.—(1) Before preparing the list required by (1) in paragraph (3), by striking ‘‘TO ADD’’ A of title XXIX of Public Law 101–510; 10 U.S.C. section 2914(a) of the military installations in- and inserting ‘‘TO CONSIDER ADDITIONS’’; and 2687 note), as added by section 3001 of the Na- side the United States that the Secretary rec- (2) in paragraph (5)— tional Defense Authorization Act for Fiscal ommends for closure or realignment, the Sec- (A) by inserting ‘‘AND UNANIMOUS VOTE’’ after Year 2002 (Public Law 107–107; 115 Stat. 1342), is retary shall prepare a list of core military instal- ‘‘SITE VISIT’’; and amended— lations that the Secretary considers absolutely (1) by striking subparagraph (A) of paragraph essential to the national defense and that (B) by inserting before the period at the end (1) and inserting the following: should not be considered for closure. the following: ‘‘and the decision of the Commis- ‘‘(A) A force-structure plan for the Armed ‘‘(2) Not later than April 1, 2005, the Secretary sion to recommend the closure of the installation Forces that— shall submit to the congressional defense com- is unanimous’’.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00108 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.044 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4479 DIVISION C—DEPARTMENT OF ENERGY out programs necessary for national security in which activities relating to nuclear weapons or NATIONAL SECURITY AUTHORIZATIONS the amount of $497,331,000. nuclear materials are carried out, that are AND OTHER AUTHORIZATIONS SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. under the control or jurisdiction of the Sec- TITLE XXXI—DEPARTMENT OF ENERGY Funds are hereby authorized to be appro- retary of Energy’’; and NATIONAL SECURITY PROGRAMS priated to the Department of Energy for fiscal (3) in subparagraph (B), by striking ‘‘produc- tion or utilization facilities’’ and inserting Subtitle A—National Security Programs year 2004 for defense nuclear waste disposal for ‘‘such facilities’’. Authorizations payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act SEC. 3114. DEPARTMENT OF ENERGY PROJECT SEC. 3101. NATIONAL NUCLEAR SECURITY ADMIN- REVIEW GROUPS NOT SUBJECT TO ISTRATION. of 1982 (42 U.S.C. 10222(c)) in the amount of $430,000,000. FEDERAL ADVISORY COMMITTEE (a) AUTHORIZATION OF APPROPRIATIONS.— ACT BY REASON OF INCLUSION OF Funds are hereby authorized to be appropriated SEC. 3105. ENERGY SUPPLY. EMPLOYEES OF DEPARTMENT OF EN- to the Department of Energy for fiscal year 2004 Funds are hereby authorized to be appro- ERGY MANAGEMENT AND OPER- for the activities of the National Nuclear Secu- priated to the Department of Energy for fiscal ATING CONTRACTORS. rity Administration in carrying out programs year 2004 for energy supply activities in car- An officer or employee of a management and necessary for national security in the amount of rying out programs necessary for national secu- operating contractor of the Department of En- $8,822,075,000, to be allocated as follows: rity in the amount of $110,473,000. ergy, when serving as a member of a group re- (1) For weapons activities, $6,393,000,000. Subtitle B—Program Authorizations, viewing or advising on matters related to any (2) For defense nuclear nonproliferation ac- Restrictions, and Limitations one or more management and operating con- tivities, $1,312,695,000. tracts of the Department, shall be treated as an SEC. 3111. MODIFICATION OF PROHIBITION RE- (3) For naval reactors, $768,400,000. LATING TO LOW-YIELD NUCLEAR officer or employee of the Department for pur- (4) For the Office of the Administrator for Nu- WEAPONS. poses of determining whether the group is an clear Security, $347,980,000. Section 3136 of the National Defense Author- advisory committee within the meaning of sec- (b) AUTHORIZATION OF NEW PLANT ization Act for Fiscal Year 1994 (42 U.S.C. 2121 tion 3 of the Federal Advisory Committee Act (5 PROJECTS.—From funds referred to in subsection note) is amended— U.S.C. App.). (a) that are available for carrying out plant (1) in the section heading, by striking ‘‘RE- SEC. 3115. AVAILABILITY OF FUNDS. projects, the Secretary of Energy may carry out, SEARCH AND DEVELOPMENT’’ and inserting Section 3628 of the Bob Stump National De- for weapons activities, the following new plant ‘‘DEVELOPMENT AND PRODUCTION’’; fense Authorization Act for Fiscal Year 2003 projects: (2) in subsection (a), by striking ‘‘conduct re- (Public Law 107–314; 116 Stat. 2760; 42 U.S.C. Project 04–D–101, test capabilities revitaliza- search and development which could lead to the 7386h) is amended to read as follows: tion, Sandia National Laboratories, Albu- production by the United States of’’ and insert ‘‘SEC. 3628. AVAILABILITY OF FUNDS. querque, New Mexico, $36,450,000. ‘‘develop or produce’’; Project 04–D–102, exterior communications in- ‘‘(a) IN GENERAL.—Except as provided in sub- (3) in subsection (b)— section (b), amounts appropriated pursuant to a frastructure modernization, Sandia National (A) by striking ‘‘conduct, or provide for the Laboratories, Albuquerque, New Mexico, DOE national security authorization for a fiscal conduct of, research and development which year— $20,000,000. could lead to the production by the United Project 04–D–103, project engineering and de- ‘‘(1) shall remain available to be expended States of’’ and insert ‘‘develop, produce, or pro- sign, various locations, $2,000,000. only in that fiscal year and the two succeeding vide for the development or production of,’’; and Project 04–D–104, national security sciences fiscal years, in the case of amounts for the Na- (B) by striking ‘‘the date of the enactment of building, Los Alamos National Laboratory, Los tional Nuclear Security Administration; and this Act,’’ and inserting ‘‘November 30, 1993,’’; Alamos, New Mexico, $38,000,000. ‘‘(2) may, when so specified in an appropria- (4) in subsection (c)— Project 04–D–125, chemistry and metallurgy tions Act, remain available until expended, in (A) by striking ‘‘RESEARCH AND’’ in the sub- facility replacement project, Los Alamos Na- all other cases. section heading; tional Laboratory, Los Alamos, New Mexico, ‘‘(b) PROGRAM DIRECTION.—Amounts appro- (B) by striking ‘‘research and’’ in the matter $20,500,000. priated pursuant to a DOE national security preceding paragraph (1); and Project 04–D–126, Building 12-44 production authorization for a fiscal year for program di- (C) by inserting ‘‘, including assessment of cells upgrade, Pantex plant, Amarillo, Texas, rection shall remain available to be obligated low-yield nuclear weapons development by other $8,780,000. only until the end of that fiscal year.’’. nations that may pose a national security risk Project 04–D–127, cleaning and loading modi- to the United States’’ before the period at the SEC. 3116. LIMITATION ON OBLIGATION OF fications, Savannah River Site, Aiken, South FUNDS FOR NUCLEAR TEST READI- end of paragraph (3); Carolina, $2,750,000. NESS PROGRAM. (5) by redesignating subsection (d) as sub- Project 04–D–128, TA–18 Mission relocation Not more than 40 percent of the funds made section (e); and project, Los Alamos National Laboratory, Los available to the Secretary of Energy for fiscal (6) by inserting after subsection (c) the fol- Alamos, New Mexico, $8,820,000. year 2004 for the Nuclear Test Readiness pro- lowing new subsection (d): Project 04–D–203, facilities and infrastructure gram of the Department of Energy may be obli- ‘‘(d) EFFECT ON STUDIES AND DESIGN WORK.— recapitalization program, project engineering gated until— Nothing in this section shall prohibit the Sec- and design, various locations, $3,719,000. (1) the Secretary of Energy submits to the retary of Energy from conducting, or providing Committees on Armed Services of the Senate and SEC. 3102. DEFENSE ENVIRONMENTAL MANAGE- for the conduct of, concept definition studies, MENT. the House of Representatives the report required feasibility studies, or detailed engineering de- (a) AUTHORIZATION OF APPROPRIATIONS.— by section 3142(c) of the Bob Stump National sign work.’’. Funds are hereby authorized to be appropriated Defense Authorization Act for Fiscal Year 2003 to the Department of Energy for fiscal year 2004 SEC. 3112. TERMINATION OF REQUIREMENT FOR (Public Law 107–314; 116 Stat. 2733), relating to ANNUAL UPDATES OF LONG-TERM plans for achieving enhanced readiness postures for environmental management activities in car- PLAN FOR NUCLEAR WEAPONS rying out programs necessary for national secu- STOCKPILE LIFE EXTENSION PRO- for resumption by the United States of under- rity in the amount of $6,819,314,000, to be allo- GRAM. ground nuclear weapons tests; and cated as follows: Section 3133 of the National Defense Author- (2) a period of 30 days has passed after the (1) For defense site acceleration completion, ization Act for Fiscal Year 2000 (42 U.S.C. 2121 date on which such report is received by those $5,824,135,000. note) is amended by adding at the end the fol- committees. (2) For defense environmental services, lowing new subsection: SEC. 3117. REQUIREMENT FOR ON-SITE MAN- $995,179,000. ‘‘(g) TERMINATION OF ANNUAL UPDATES.—Ef- AGERS. (b) AUTHORIZATION OF NEW PLANT fective December 31, 2004, the requirements of (a) ON-SITE MANAGER REQUIREMENT.—Before PROJECTS.—From funds referred to in subsection subsections (c), (d), (e), and (f) shall termi- obligating any defense nuclear nonproliferation (a) that are available for carrying out plant nate.’’. funds for a project described in subsection (b), projects, the Secretary of Energy may carry out, SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF the Secretary of Energy shall appoint a United for defense site acceleration completion, the fol- AUTHORITY TO PROHIBIT DISSEMI- States Federal Government employee as an on- lowing new plant projects: NATION OF CERTAIN UNCLASSIFIED site manager. Project 04–D–408, glass waste storage building INFORMATION. (b) PROJECTS COVERED.—Subsection (a) ap- #2, Savannah River Site, Aiken, South Caro- Subsection a. of section 148 of the Atomic En- plies to a project— lina, $20,259,000. ergy Act of 1954 (42 U.S.C. 2168) is amended in (1) to be located in a state of the former Soviet Project 04–D–414, project engineering and de- paragraph (1)— Union; sign, various locations, $23,500,000. (1) in the matter preceding subparagraph (A), (2) which involves dismantlement, destruction, Project 04–D–423, 3013 container surveillance by striking ‘‘, with respect to atomic energy de- or storage facilities, or construction of a facility; capability in 235-F, Savannah River Site, Aiken, fense programs,’’; and South Carolina, $1,134,000. (2) in subparagraph (A), by striking ‘‘produc- (3) with respect to which the total contribu- SEC. 3103. OTHER DEFENSE ACTIVITIES. tion facilities or utilization facilities’’ and in- tion by the Department of Energy is expected to Funds are hereby authorized to be appro- serting ‘‘production facilities, utilization facili- exceed $25,000,000. priated to the Department of Energy for fiscal ties, nuclear waste storage facilities, or uranium (c) DUTIES OF ON-SITE MANAGER.—The on-site year 2004 for other defense activities in carrying enrichment facilities, or any other facilities at manager appointed under subsection (a) shall—

VerDate Jan 31 2003 03:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00109 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.044 H21PT1 H4480 CONGRESSIONAL RECORD — HOUSE May 21, 2003 (1) develop, in cooperation with representa- Code as a new chapter of title 50, United States (C) amended— tives from governments of countries partici- Code. (i) by striking the section heading and insert- pating in the project, a list of those steps or ac- (b) DIVISION HEADING.—The Bob Stump Na- ing the following new section heading: tivities critical to achieving the project’s disar- tional Defense Authorization Act for Fiscal ‘‘SEC. 4103. RESTRICTION ON LICENSING RE- mament or nonproliferation goals; Year 2003 (Public Law 107–314) is amended by QUIREMENT FOR CERTAIN DEFENSE (2) establish a schedule for completing those adding at the end the following new division ACTIVITIES AND FACILITIES.’’; steps or activities; heading: (ii) by striking ‘‘SEC. 210.’’; and (iii) by striking ‘‘this or any other Act’’ and (3) meet with all participants to seek assur- ‘‘DIVISION D—ATOMIC ENERGY DEFENSE inserting ‘‘the Department of Energy National ances that those steps or activities are being PROVISIONS’’. completed on schedule; and Security and Military Applications of Nuclear (c) SHORT TITLE; DEFINITION.— (4) suspend United States participation in a Energy Authorization Act of 1981 (Public Law (1) SHORT TITLE.—Section 3601 of the Atomic project when a non-United States participant 96–540) or any other Act’’. Energy Defense Act (title XXXVI of Public Law fails to complete a scheduled step or activity on (e) NUCLEAR WEAPONS STOCKPILE MATTERS.— 107–314; 116 Stat. 2756) is— time, unless directed by the Secretary of Energy (1) HEADINGS.—Division D of the Bob Stump (A) transferred to the end of the Bob Stump National Defense Authorization Act for Fiscal to resume United States participation. National Defense Authorization Act for Fiscal TEPS OR ACTIVITIES.—Steps or activities Year 2003, as amended by this section, is further (d) S Year 2003; referred to in subsection (c)(1) are those activi- amended by adding at the end the following (B) redesignated as section 4001; new headings: ties that, if not completed, will prevent a project (C) inserted after the heading for division D of ‘‘TITLE XLII—NUCLEAR WEAPONS from achieving its disarmament or nonprolifera- the Bob Stump National Defense Authorization STOCKPILE MATTERS tion goals, including, at a minimum, the fol- Act for Fiscal Year 2003, as added by subsection lowing: (b); and ‘‘Subtitle A—Stockpile Stewardship and (1) Identification and acquisition of permits (D) amended by striking ‘‘title’’ and inserting Weapons Production’’. (as defined in subsection (f)). ‘‘division’’. (2) STOCKPILE STEWARDSHIP PROGRAM.—Sec- (2) Verification that the items, substances, or (2) DEFINITION.—Division D of the Bob Stump tion 3138 of the National Defense Authorization capabilities to be dismantled, secured, or other- National Defense Authorization Act for Fiscal Act for Fiscal Year 1994 (Public Law 103–160; wise modified are available for dismantlement, Year 2003, as amended by this section, is further 107 Stat. 1946), as amended by section 3152(e) of securing, or modification. amended by adding at the end the following the National Defense Authorization Act for Fis- (3) Timely provision of financial, personnel, new section: cal Year 1998 (Public Law 105–85; 111 Stat. management, transportation, and other re- 2042), is— sources. ‘‘SEC. 4002. DEFINITION. ‘‘In this division, the term ‘congressional de- (A) transferred to title XLII of division D of (e) NOTIFICATION TO CONGRESS.—In any case the Bob Stump National Defense Authorization in which the Secretary of Energy directs an on- fense committees’ means— ‘‘(1) the Committee on Armed Services and the Act for Fiscal Year 2003, as added by paragraph site manager to resume United States participa- (1); tion in a project under subsection (c)(4), the Committee on Appropriations of the Senate; and ‘‘(2) the Committee on Armed Services and the (B) redesignated as section 4201; and Secretary shall concurrently notify Congress of (C) inserted after the heading for subtitle A of Committee on Appropriations of the House of such direction. such title, as so added. Representatives.’’. (f) PERMIT DEFINED.—In this section, the term (3) STOCKPILE STEWARDSHIP CRITERIA.—Sec- (d) ORGANIZATIONAL MATTERS.— ‘‘permit’’ means any local or national permit for tion 3158 of the Strom Thurmond National De- (1) TITLE HEADING.—Division D of the Bob development, general construction, environ- fense Authorization Act for Fiscal Year 1999 Stump National Defense Authorization Act for mental, land use, or other purposes that is re- (Public Law 105–261; 112 Stat. 2257), as amend- Fiscal Year 2003, as amended by this section, is quired in the state of the former Soviet Union in ed, is— which the project is being or is proposed to be further amended by adding at the end the fol- (A) transferred to title XLII of division D of carried out. lowing: the Bob Stump National Defense Authorization (g) EFFECTIVE DATE.—This section shall take ‘‘TITLE XLI—ORGANIZATIONAL MATTERS’’. Act for Fiscal Year 2003, as amended by this effect six months after the date of the enactment (2) NAVAL NUCLEAR PROPULSION PROGRAM.— subsection; of this Act. Section 1634 of the Department of Defense Au- (B) redesignated as section 4202; and Subtitle C—Consolidation of National thorization Act, 1985 (Public Law 98–525; 98 (C) inserted after section 4201, as added by Security Provisions Stat. 2649) is— paragraph (2). (A) transferred to title XLI of division D of (4) PLAN FOR STEWARDSHIP, MANAGEMENT, AND SEC. 3121. TRANSFER AND CONSOLIDATION OF CERTIFICATION OF WARHEADS IN STOCKPILE.— RECURRING AND GENERAL PROVI- the Bob Stump National Defense Authorization SIONS ON DEPARTMENT OF ENERGY Act for Fiscal Year 2003, as added by paragraph Section 3151 of the National Defense Authoriza- NATIONAL SECURITY PROGRAMS. (1); tion Act for Fiscal Year 1998 (Public Law 105–85; (a) PURPOSE.— (B) inserted after the title heading for such 111 Stat. 2041) is— (A) transferred to title XLII of division D of (1) IN GENERAL.—The purpose of this section is title, as so added; and to assemble together, without substantive (C) amended— the Bob Stump National Defense Authorization amendment but with technical and conforming (i) by striking the section heading and insert- Act for Fiscal Year 2003, as amended by this amendments of a non-substantive nature, recur- ing the following new section heading: subsection; (B) redesignated as section 4203; and ring and general provisions of law on Depart- ‘‘SEC. 4101. NAVAL NUCLEAR PROPULSION PRO- (C) inserted after section 4202, as added by ment of Energy national security programs that GRAM.’’; and paragraph (3). remain in force in order to consolidate and orga- (ii) by striking ‘‘SEC. 1634.’’. (5) STOCKPILE LIFE EXTENSION PROGRAM.— nize such provisions of law into a single Act in- (3) MANAGEMENT STRUCTURE FOR FACILITIES Section 3133 of the National Defense Authoriza- tended to comprise general provisions of law on AND LABORATORIES.—Section 3140 of the Na- tion Act for Fiscal Year 2000 (Public Law 106–65; such programs. tional Defense Authorization Act for Fiscal 113 Stat. 926) is— (2) CONSTRUCTION OF TRANSFERS.—The trans- Year 1997 (Public Law 104–201; 110 Stat. 2833) (A) transferred to title XLII of division D of fer of a provision of law by this section shall not is— the Bob Stump National Defense Authorization be construed as amending, altering, or otherwise (A) transferred to title XLI of division D of Act for Fiscal Year 2003, as amended by this modifying the substantive effect of such provi- the Bob Stump National Defense Authorization subsection; sion. Act for Fiscal Year 2003, as amended by this (B) redesignated as section 4204; (3) COORDINATION WITH OTHER AMEND- subsection; (C) inserted after section 4203, as added by MENTS.—For purposes of applying amendments (B) redesignated as section 4102; paragraph (4); and made by provisions of this Act other than provi- (C) inserted after section 4101, as added by (D) amended in subsection (c)(1) by striking sions of this section, this section shall be treated paragraph (2); and ‘‘the date of the enactment of this Act’’ and in- as having been enacted immediately after the (D) amended in subsection (d)(2), by striking serting ‘‘October 5, 1999’’. other provisions of this Act. ‘‘120 days after the date of the enactment of this (6) ANNUAL ASSESSMENTS AND REPORTS ON (4) TREATMENT OF SATISFIED REQUIREMENTS.— Act,’’ and inserting ‘‘January 21, 1997,’’. CONDITION OF STOCKPILE.—Section 3141 of the Any requirement in a provision of law trans- (4) RESTRICTION ON LICENSING REQUIREMENTS Bob Stump National Defense Authorization Act ferred under this section (including a require- FOR CERTAIN ACTIVITIES AND FACILITIES.—Sec- for Fiscal Year 2003 (Public Law 107–314; 116 ment that an amendment to law be executed) tion 210 of the Department of Energy National Stat. 2730) is— that has been fully satisfied in accordance with Security and Military Applications of Nuclear (A) transferred to title XLII of division D of the terms of such provision of law as of the date Energy Authorization Act of 1981 (Public Law such Act, as amended by this subsection; of transfer under this section shall be treated as 96–540; 94 Stat. 3202) is— (B) redesignated as section 4205; so fully satisfied, and shall not be treated as (A) transferred to title XLI of division D of (C) inserted after section 4204, as added by being revived solely by reason of transfer under the Bob Stump National Defense Authorization paragraph (5); and this section. Act for Fiscal Year 2003, as amended by this (D) amended in subsection (d)(3)(B) by strik- (5) CLASSIFICATION.—The provisions of the subsection; ing ‘‘section 3137 of the National Defense Au- Atomic Energy Defense Act, as amended by this (B) inserted after section 4102, as added by thorization Act for Fiscal Year 1996 (42 U.S.C. section, shall be classified to the United States paragraph (3); and 2121 note)’’ and inserting ‘‘section 4212’’.

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(7) FORM OF CERTAIN CERTIFICATIONS REGARD- fense Authorization Act for Fiscal Year 1996 (iii) in subsection (a), as so redesignated, by ING STOCKPILE.—Section 3194 of the Floyd D. (Public Law 104–106; 110 Stat. 620), as amended inserting ‘‘of Energy’’ after ‘‘The Secretary’’. Spence National Defense Authorization Act for by section 3132 of the National Defense Author- (19) MODERNIZATION AND CONSOLIDATION OF Fiscal Year 2001 (as enacted into law by Public ization Act for Fiscal Year 1997 (Public Law TRITIUM RECYCLING FACILITIES.—Section 3134 of Law 106–398; 114 Stat. 1654A–481) is— 104–201; 110 Stat. 2829), is— the National Defense Authorization Act for Fis- (A) transferred to title XLII of division D of (A) transferred to title XLII of division D of cal Year 1997 (Public Law 104–201; 110 Stat. the Bob Stump National Defense Authorization the Bob Stump National Defense Authorization 2830) is— Act for Fiscal Year 2003, as amended by this Act for Fiscal Year 2003, as amended by this (A) transferred to title XLII of division D of subsection; subsection; the Bob Stump National Defense Authorization (B) redesignated as section 4206; and (B) redesignated as section 4212; Act for Fiscal Year 2003, as amended by this (C) inserted after section 4205, as added by (C) inserted after section 4211, as added by subsection; paragraph (6). paragraph (12); and (B) redesignated as section 4234; (8) NUCLEAR TEST BAN READINESS PROGRAM.— (D) amended in subsection (d) by inserting ‘‘of (C) inserted after section 4233, as added by Section 1436 of the National Defense Authoriza- the National Defense Authorization Act for Fis- paragraph (18); and tion Act, Fiscal Year 1989 (Public Law 100–456; cal Year 1996 (Public Law 104–106)’’ after ‘‘sec- (D) amended in subsection (b) by inserting ‘‘of 102 Stat. 2075) is— tion 3101(b)’’. the National Defense Authorization Act for Fis- (A) transferred to title XLII of division D of (14) REPORTS ON CRITICAL DIFFICULTIES AT cal Year 1997 (Public Law 104–201)’’ after ‘‘sec- the Bob Stump National Defense Authorization LABORATORIES AND PLANTS.—Section 3159 of the tion 3101’’. Act for Fiscal Year 2003, as amended by this National Defense Authorization Act for Fiscal (20) PROCEDURES FOR MEETING TRITIUM PRO- subsection; Year 1997 (Public Law 104–201; 110 Stat. 2842), DUCTION REQUIREMENTS.—Section 3134 of the (B) redesignated as section 4207; as amended by section 1305 of the National De- National Defense Authorization Act for Fiscal (C) inserted after section 4206, as added by fense Authorization Act for Fiscal Year 1998 Year 2000 (Public Law 106–65; 113 Stat. 927) is— paragraph (7); and (Public Law 105–85; 111 Stat. 1954) and section (A) transferred to title XLII of division D of (D) amended in the section heading by adding 3163 of the National Defense Authorization Act the Bob Stump National Defense Authorization a period at the end. for Fiscal Year 2000 (Public Law 106–65; 113 Act for Fiscal Year 2003, as amended by this (9) STUDY ON NUCLEAR TEST READINESS POS- Stat. 944), is— subsection; TURES.—Section 3152 of the National Defense (A) transferred to title XLII of division D of (B) redesignated as section 4235; and Authorization Act for Fiscal Year 1996 (Public the Bob Stump National Defense Authorization (C) inserted after section 4234, as added by Law 104–106; 110 Stat. 623), as amended by sec- Act for Fiscal Year 2003, as amended by this paragraph (19). tion 3192 of the Floyd D. Spence National De- subsection; (f) PROLIFERATION MATTERS.— fense Authorization Act for Fiscal Year 2001 (as (B) redesignated as section 4213; and (1) TITLE HEADING.—Division D of the Bob enacted into law by Public Law 106–398; 114 (C) inserted after section 4212, as added by Stump National Defense Authorization Act for Stat. 1654A–480), is— paragraph (13). Fiscal Year 2003, as amended by this section, is (A) transferred to title XLII of division D of (15) SUBTITLE HEADING ON TRITIUM.—Title further amended by adding at the end the fol- the Bob Stump National Defense Authorization XLII of division D of the Bob Stump National lowing new title heading: Act for Fiscal Year 2003, as amended by this Defense Authorization Act for Fiscal Year 2003, ‘‘TITLE XLIII—PROLIFERATION MATTERS’’. subsection; as amended by this subsection, is further (2) INTERNATIONAL COOPERATIVE STOCKPILE (B) redesignated as section 4208; and amended by adding at the end the following STEWARDSHIP.—Section 3133 of the National De- (C) inserted after section 4207, as added by new subtitle heading: fense Authorization Act for Fiscal Year 1998 paragraph (8). ‘‘Subtitle B—Tritium’’. (Public Law 105–85; 111 Stat. 2036), as amended (10) REQUIREMENTS FOR REQUESTS FOR NEW OR (16) TRITIUM PRODUCTION PROGRAM.—Section by sections 1069 and 3131 of the Strom Thur- MODIFIED NUCLEAR WEAPONS.—Section 3143 of mond National Defense Authorization Act for the Bob Stump National Defense Authorization 3133 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Fiscal Year 1999 (Public Law 105–261; 112 Stat. Act for Fiscal Year 2003 (Public Law 107–314; 2136, 2246), is— 116 Stat. 2733) is— Stat. 618) is— (A) transferred to title XLII of division D of (A) transferred to title XLIII of division D of (A) transferred to title XLII of division D of the Bob Stump National Defense Authorization such Act, as amended by this subsection; the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this Act for Fiscal Year 2003, as added by paragraph (B) redesignated as section 4209; and (1); (C) inserted after section 4208, as added by subsection; (B) redesignated as section 4231; (B) redesignated as section 4301; paragraph (9). (C) inserted after the heading for such title, as (C) inserted after the heading for subtitle B of (11) LIMITATION ON UNDERGROUND NUCLEAR so added; and such title XLII, as added by paragraph (15); WEAPONS TESTS.—Subsection (f) of section 507 of (D) amended in subsection (b)(3) by striking and the Energy and Water Development Appropria- ‘‘of this Act’’ and inserting ‘‘of the National De- (D) amended— tions Act, 1993 (Public Law 102–337; 106 Stat. fense Authorization Act for Fiscal Year 1998 (i) by striking ‘‘the date of the enactment of 1345) is— (Public Law 105–85)’’. this Act’’ each place it appears and inserting (A) transferred to title XLII of division D of (3) NONPROLIFERATION INITIATIVES AND AC- ‘‘February 10, 1996’’; and the Bob Stump National Defense Authorization TIVITIES.—Section 3136 of the National Defense (ii) in subsection (b), by inserting ‘‘of the Na- Act for Fiscal Year 2003, as amended by this Authorization Act for Fiscal Year 2000 (Public tional Defense Authorization Act for Fiscal subsection; Law 106–65; 113 Stat. 927) is— (B) inserted after section 4209, as added by Year 1996 (Public Law 104–106)’’ after ‘‘section (A) transferred to title XLIII of division D of paragraph (10); and 3101’’. the Bob Stump National Defense Authorization (C) amended— (17) TRITIUM RECYCLING.—Section 3136 of the Act for Fiscal Year 2003, as amended by this (i) by inserting before the text the following National Defense Authorization Act for Fiscal subsection; new section heading: Year 1996 (Public Law 104–106; 110 Stat. 620) (B) redesignated as section 4302; ‘‘SEC. 4210. LIMITATION ON UNDERGROUND NU- is— (C) inserted after section 4301, as added by CLEAR WEAPONS TESTS.’’; and (A) transferred to title XLII of division D of paragraph (2); and (ii) by striking ‘‘(f)’’. the Bob Stump National Defense Authorization (D) amended in subsection (b)(1) by striking (12) TESTING OF NUCLEAR WEAPONS.—Section Act for Fiscal Year 2003, as amended by this ‘‘this title’’ and inserting ‘‘title XXXI of the Na- 3137 of the National Defense Authorization Act subsection; tional Defense Authorization Act for Fiscal for Fiscal Year 1994 (Public Law 103–160; 107 (B) redesignated as section 4232; and Year 2000 (Public Law 106–65)’’. Stat. 1946) is— (C) inserted after section 4231, as added by (4) ANNUAL REPORT ON MATERIALS PROTEC- (A) transferred to title XLII of division D of paragraph (16). TION, CONTROL, AND ACCOUNTING PROGRAM.— the Bob Stump National Defense Authorization (18) TRITIUM PRODUCTION.—Subsections (c) Section 3171 of the Floyd D. Spence National Act for Fiscal Year 2003, as amended by this and (d) of section 3133 of the National Defense Defense Authorization Act for Fiscal Year 2001 subsection; Authorization Act for Fiscal Year 1997 (Public (as enacted into law by Public Law 106–398; 114 (B) redesignated as section 4211; Law 104–201; 110 Stat. 2830) are— Stat. 1645A–475) is— (C) inserted after section 4210, as added by (A) transferred to title XLII of division D of (A) transferred to title XLIII of division D of paragraph (11); and the Bob Stump National Defense Authorization the Bob Stump National Defense Authorization (D) amended— Act for Fiscal Year 2003, as amended by this Act for Fiscal Year 2003, as amended by this (i) in subsection (a), by inserting ‘‘of the Na- subsection; subsection; tional Defense Authorization Act for Fiscal (B) inserted after section 4232, as added by (B) redesignated as section 4303; Year 1994 (Public Law 103–160)’’ after ‘‘section paragraph (17); and (C) inserted after section 4302, as added by 3101(a)(2)’’; and (C) amended— paragraph (3); and (ii) in subsection (b), by striking ‘‘this Act’’ (i) by inserting before the text the following (D) amended in subsection (c)(1) by striking and inserting ‘‘the National Defense Authoriza- new section heading: ‘‘this Act’’ and inserting ‘‘the Floyd D. Spence tion Act for Fiscal Year 1994’’. ‘‘SEC. 4233. TRITIUM PRODUCTION.’’; National Defense Authorization Act for Fiscal (13) MANUFACTURING INFRASTRUCTURE FOR (ii) by redesignating such subsections as sub- Year 2001 (as enacted into law by Public Law STOCKPILE.—Section 3137 of the National De- sections (a) and (b), respectively; and 106–398)’’.

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(5) NUCLEAR CITIES INITIATIVE.—Section 3172 fense Authorization Act for Fiscal Year 1997 (A) transferred to title XLIV of division D of of the Floyd D. Spence National Defense Au- (Public Law 104–201; 110 Stat. 2839), and section the Bob Stump National Defense Authorization thorization Act for Fiscal Year 2001 (as enacted 3160 of the National Defense Authorization Act Act for Fiscal Year 2003, as amended by this into law by Public Law 106–398; 114 Stat. 1645A– for Fiscal Year 1998 (Public Law 105–85; 111 subsection; 476) is— Stat. 2048), is— (B) redesignated as section 4421; (A) transferred to title XLIII of division D of (A) transferred to title XLIV of division D of (C) inserted after the heading for subtitle B of the Bob Stump National Defense Authorization the Bob Stump National Defense Authorization such title, as added by paragraph (10); and Act for Fiscal Year 2003, as amended by this Act for Fiscal Year 2003, as amended by this (D) amended in subsection (i), by striking subsection; subsection; ‘‘the expiration of the 15-year period beginning (B) redesignated as section 4304; and (B) redesignated as section 4404; and on the date of the enactment of this Act’’ and (C) inserted after section 4303, as added by (C) inserted after section 4403, as added by inserting ‘‘September 23, 2011’’. paragraph (4). paragraph (4). (12) REPORTS IN CONNECTION WITH PERMANENT (6) PROGRAMS ON FISSILE MATERIALS.—Section (6) ACCELERATED SCHEDULE OF ENVIRON- CLOSURE OF DEFENSE NUCLEAR FACILITIES.—Sec- 3131 of the National Defense Authorization Act MENTAL RESTORATION AND WASTE MANAGE- tion 3156 of the National Defense Authorization for Fiscal Year 1996 (Public Law 104–106; 110 MENT.—Section 3156 of the National Defense Au- Act for Fiscal Years 1990 and 1991 (Public Law Stat. 617), as amended by section 3152 of the Bob thorization Act for Fiscal Year 1996 (Public Law 101–189; 103 Stat. 1683) is— Stump National Defense Authorization Act for 104–106; 110 Stat. 625) is— (A) transferred to title XLIV of division D of Fiscal Year 2003 (Public Law 107–314; 116 Stat. (A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization 2738), is— the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this (A) transferred to title XLIII of division D of Act for Fiscal Year 2003, as amended by this subsection; the Bob Stump National Defense Authorization subsection; (B) redesignated as section 4422; Act for Fiscal Year 2003, as amended by this (B) redesignated as section 4405; (C) inserted after section 4421, as added by subsection; (C) inserted after section 4404, as added by paragraph (11); and (B) redesignated as section 4305; and paragraph (5); and (D) amended in the section heading by adding (C) inserted after section 4304, as added by (D) amended in subsection (b)(2) by inserting a period at the end. paragraph (5). before the period the following: ‘‘, the prede- (13) SUBTITLE HEADING ON PRIVATIZATION.— (g) ENVIRONMENTAL RESTORATION AND WASTE cessor provision to section 4404 of this Act’’. Title XLIV of division D of the Bob Stump Na- MANAGEMENT MATTERS.— (7) DEFENSE WASTE CLEANUP TECHNOLOGY tional Defense Authorization Act for Fiscal (1) HEADINGS.—Division D of the Bob Stump PROGRAM.—Section 3141 of the National Defense Year 2003, as amended by this subsection, is fur- National Defense Authorization Act for Fiscal Authorization Act for Fiscal Years 1990 and 1991 ther amended by adding at the end the fol- Year 2003, as amended by this section, is further (Public Law 101–189; 103 Stat. 1679) is— lowing new subtitle heading: amended by adding at the end the following (A) transferred to title XLIV of division D of ‘‘Subtitle C—Privatization’’. new headings: the Bob Stump National Defense Authorization (14) DEFENSE ENVIRONMENTAL MANAGEMENT ‘‘TITLE XLIV—ENVIRONMENTAL RESTORA- Act for Fiscal Year 2003, as amended by this PRIVATIZATION PROJECTS.—Section 3132 of the TION AND WASTE MANAGEMENT MAT- subsection; National Defense Authorization Act for Fiscal TERS (B) redesignated as section 4406; Year 1998 (Public Law 105–85; 111 Stat. 2034) (C) inserted after section 4405, as added by ‘‘Subtitle A—Environmental Restoration and is— paragraph (6); and Waste Management’’. (A) transferred to title XLIV of division D of (D) amended in the section heading by adding (2) DEFENSE ENVIRONMENTAL RESTORATION the Bob Stump National Defense Authorization a period at the end. AND WASTE MANAGEMENT ACCOUNT.—Section Act for Fiscal Year 2003, as amended by this (8) REPORT ON ENVIRONMENTAL RESTORATION 3134 of the National Defense Authorization Act subsection; EXPENDITURES.—Section 3134 of the National for Fiscal Years 1992 and 1993 (Public Law 102– (B) redesignated as section 4431; Defense Authorization Act for Fiscal Year 1991 190; 105 Stat. 1575) is— (C) inserted after the heading for subtitle C of (Public Law 101–510; 104 Stat. 1833) is— (A) transferred to title XLIV of division D of such title, as added by paragraph (13); and (A) transferred to title XLIV of division D of the Bob Stump National Defense Authorization (D) amended— the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (i) in subsections (a), (c)(1)(B)(i), and (d), by Act for Fiscal Year 2003, as amended by this (1); inserting ‘‘of the National Defense Authoriza- subsection; (B) redesignated as section 4401; and tion Act for Fiscal Year 1998 (Public Law 105– (B) redesignated as section 4407; (C) inserted after the heading for subtitle A of 85)’’ after ‘‘section 3102(i)’’; and (C) inserted after section 4406, as added by such title, as so added. (ii) in subsections (c)(1)(B)(ii) and (f), by paragraph (7); and (3) FUTURE USE PLANS FOR ENVIRONMENTAL striking ‘‘the date of enactment of this Act’’ and (D) amended in the section heading by adding MANAGEMENT PROGRAM.—Section 3153 of the Na- inserting ‘‘November 18, 1997’’. a period at the end. tional Defense Authorization Act for Fiscal (h) SAFEGUARDS AND SECURITY MATTERS.— (9) PUBLIC PARTICIPATION IN PLANNING FOR Year 1997 (Public Law 104–201; 110 Stat. 2839) (1) HEADINGS.—Division D of the Bob Stump ENVIRONMENTAL RESTORATION AND WASTE MAN- is— National Defense Authorization Act for Fiscal AGEMENT.—Subsection (e) of section 3160 of the (A) transferred to title XLIV of division D of Year 2003, as amended by this section, is further National Defense Authorization Act for Fiscal the Bob Stump National Defense Authorization amended by adding at the end the following Year 1995 (Public Law 103–337; 108 Stat. 3095) Act for Fiscal Year 2003, as amended by this new headings: subsection; is— (A) transferred to title XLIV of division D of ‘‘TITLE XLV—SAFEGUARDS AND SECURITY (B) redesignated as section 4402; MATTERS (C) inserted after section 4401, as added by the Bob Stump National Defense Authorization paragraph (2); and Act for Fiscal Year 2003, as amended by this ‘‘Subtitle A—Safeguards and Security’’. (D) amended— subsection; (2) PROHIBITION ON INTERNATIONAL INSPEC- (i) in subsection (d), by striking ‘‘the date of (B) inserted after section 4407, as added by TIONS OF FACILITIES WITHOUT PROTECTION OF the enactment of this Act’’ and inserting ‘‘Sep- paragraph (8); and RESTRICTED DATA.—Section 3154 of the National tember 23, 1996,’’; and (C) amended— Defense Authorization Act for Fiscal Year 1996 (ii) in subsection (h)(1), by striking ‘‘the date (i) by inserting before the text the following (Public Law 104–106; 110 Stat. 624) is— of the enactment of this Act’’ and inserting new section heading: (A) transferred to title XLV of division D of ‘‘September 23, 1996’’. ‘‘SEC. 4408. PUBLIC PARTICIPATION IN PLANNING the Bob Stump National Defense Authorization (4) INTEGRATED FISSILE MATERIALS MANAGE- FOR ENVIRONMENTAL RESTORA- Act for Fiscal Year 2003, as added by paragraph TION AND WASTE MANAGEMENT AT MENT PLAN.—Section 3172 of the National De- (1); DEFENSE NUCLEAR FACILITIES.’’; fense Authorization Act for Fiscal Year 2000 and (B) redesignated as section 4501; (Public Law 106–65; 113 Stat. 948) is— (C) inserted after the heading for subtitle A of (ii) by striking ‘‘(e) PUBLIC PARTICIPATION IN (A) transferred to title XLIV of division D of such title, as so added; and PLANNING.—’’. the Bob Stump National Defense Authorization (D) amended— (10) SUBTITLE HEADING ON CLOSURE OF FACILI- Act for Fiscal Year 2003, as amended by this (i) by striking ‘‘(1) The’’ and inserting ‘‘The’’; TIES.—Title XLIV of division D of the Bob subsection; and Stump National Defense Authorization Act for (B) redesignated as section 4403; and (ii) by striking ‘‘(2) For purposes of paragraph Fiscal Year 2003, as amended by this subsection, (C) inserted after section 4402, as added by (1),’’ and inserting ‘‘(c) RESTRICTED DATA DE- is further amended by adding at the end the fol- paragraph (3). FINED.—In this section,’’. lowing new subtitle heading: (5) BASELINE ENVIRONMENTAL MANAGEMENT (3) RESTRICTIONS ON ACCESS TO LABORATORIES REPORTS.—Section 3153 of the National Defense ‘‘Subtitle B—Closure of Facilities’’. BY FOREIGN VISITORS FROM SENSITIVE COUN- Authorization Act for Fiscal Year 1994 (Public (11) PROJECTS TO ACCELERATE CLOSURE AC- TRIES.—Section 3146 of the National Defense Law 103–160; 107 Stat. 1950), as amended by sec- TIVITIES AT DEFENSE NUCLEAR FACILITIES.—Sec- Authorization Act for Fiscal Year 2000 (Public tion 3160 of the National Defense Authorization tion 3143 of the National Defense Authorization Law 106–65; 113 Stat. 935) is— Act for Fiscal Year 1995 (Public Law 103–337; Act for Fiscal Year 1997 (Public Law 104–201; (A) transferred to title XLV of division D of 108 Stat. 3094), section 3152 of the National De- 110 Stat. 2836) is— the Bob Stump National Defense Authorization

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Act for Fiscal Year 2003, as amended by this (6) NOTICE OF SECURITY AND COUNTERINTEL- National Defense Authorization Act for Fiscal subsection; LIGENCE FAILURES.—Section 3150 of the National Year 2000 (Public Law 106–65; 113 Stat. 774) and (B) redesignated as section 4502; Defense Authorization Act for Fiscal Year 2000 section 3193 of the Floyd D. Spence National De- (C) inserted after section 4501, as added by (Public Law 106–65; 113 Stat. 939) is— fense Authorization Act for Fiscal Year 2001 (as paragraph (2); and (A) transferred to title XLV of division D of enacted into law by Public Law 106–398; 114 (D) amended— the Bob Stump National Defense Authorization Stat. 1654A–480), is— (i) in subsection (b)(2)— Act for Fiscal Year 2003, as amended by this (A) transferred to title XLV of division D of (I) in the matter preceding subparagraph (A), subsection; the Bob Stump National Defense Authorization by striking ‘‘30 days after the date of the enact- (B) redesignated as section 4505; Act for Fiscal Year 2003, as amended by this ment of this Act’’ and inserting ‘‘on November 4, (C) inserted after section 4504A, as added by subsection; 1999,’’; and paragraph (5)(B). (B) redesignated as section 4522; (II) in subparagraph (A), by striking ‘‘The (7) ANNUAL REPORT ON SECURITY FUNCTIONS (C) inserted after section 4521, as added by date that is 90 days after the date of the enact- AT NUCLEAR WEAPONS FACILITIES.—Section 3162 paragraph (11); and ment of this Act’’ and inserting ‘‘January 3, of the National Defense Authorization Act for (D) amended— 2000’’; (i) in subsection (c)(1), by striking ‘‘the date (ii) in subsection (d)(1), by striking ‘‘the date Fiscal Year 1998 (Public Law 105–85; 111 Stat. of the enactment of this Act’’ and inserting of the enactment of this Act,’’ and inserting 2049) is— (A) transferred to title XLV of division D of ‘‘October 17, 1998,’’; ‘‘October 5, 1999,’’; and (ii) in subsection (f)(1), by striking ‘‘the date (iii) in subsection (g), by adding at the end the Bob Stump National Defense Authorization of the enactment of this Act’’ and inserting the following new paragraphs: Act for Fiscal Year 2003, as amended by this ‘‘(3) The term ‘national laboratory’ means any subsection; ‘‘October 17, 1998’’; and of the following: (B) redesignated as section 4506; (iii) in subsection (f)(2), by striking ‘‘The Sec- ‘‘(A) Lawrence Livermore National Labora- (C) inserted after section 4505, as added by retary’’ and inserting ‘‘Commencing with inad- tory, Livermore, California. paragraph (6); and vertent releases discovered on or after October ‘‘(B) Los Alamos National Laboratory, Los Al- (D) amended in subsection (b) by inserting ‘‘of 30, 2000, the Secretary’’. amos, New Mexico. the National Defense Authorization Act for Fis- (13) SUPPLEMENT TO PLAN FOR DECLASSIFICA- ‘‘(C) Sandia National Laboratories, Albu- cal Year 1998 (Public Law 105–85; 111 Stat. 2048; TION OF RESTRICTED DATA AND FORMERLY RE- querque, New Mexico and Livermore, California. 42 U.S.C. 7251 note)’’ after ‘‘section 3161’’. STRICTED DATA.—Section 3149 of the National ‘‘(4) The term ‘Restricted Data’ has the mean- (8) REPORT ON COUNTERINTELLIGENCE AND SE- Defense Authorization Act for Fiscal Year 2000 ing given that term in section 11 y. of the Atomic CURITY PRACTICES AT LABORATORIES.—Section (Public Law 106–65; 113 Stat. 938) is— Energy Act of 1954 (42 U.S.C. 2014(y)).’’. 3152 of the National Defense Authorization Act (A) transferred to title XLV of division D of (4) BACKGROUND INVESTIGATIONS ON CERTAIN for Fiscal Year 2000 (Public Law 106–65; 113 the Bob Stump National Defense Authorization PERSONNEL.—Section 3143 of the National De- Stat. 940) is— Act for Fiscal Year 2003, as amended by this fense Authorization Act for Fiscal Year 2000 (A) transferred to title XLV of division D of subsection; (Public Law 106–65; 113 Stat. 934) is— the Bob Stump National Defense Authorization (B) redesignated as section 4523; (A) transferred to title XLV of division D of Act for Fiscal Year 2003, as amended by this (C) inserted after section 4522, as added by the Bob Stump National Defense Authorization subsection; paragraph (12); and Act for Fiscal Year 2003, as amended by this (B) redesignated as section 4507; (D) amended— subsection; (C) inserted after section 4506, as added by (i) in subsection (a), by striking ‘‘subsection (B) redesignated as section 4503; paragraph (7); and (a) of section 3161 of the Strom Thurmond Na- (C) inserted after section 4502, as added by (D) amended by adding at the end the fol- tional Defense Act for Fiscal Year 1999 (Public paragraph (3); and lowing new subsection: Law 105–261; 112 Stat. 2260; 50 U.S.C. 435 note)’’ (D) amended— ‘‘(c) NATIONAL LABORATORY DEFINED.—In and inserting ‘‘subsection (a) of section 4522’’; (i) in subsection (b), by striking ‘‘the date of this section, the term ‘national laboratory’ has (ii) in subsection (b)— the enactment of this Act’’ and inserting ‘‘Octo- the meaning given that term in section (I) by striking ‘‘section 3161(b)(1) of that Act’’ ber 5, 1999,’’; and and inserting ‘‘subsection (b)(1) of section 4522’’; (ii) by adding at the end the following new 4502(g)(3).’’. (9) REPORT ON SECURITY VULNERABILITIES OF and subsection: (II) by striking ‘‘the date of the enactment of ‘‘(c) DEFINITIONS.—In this section, the terms NATIONAL LABORATORY COMPUTERS.—Section 3153 of the National Defense Authorization Act that Act’’ and inserting ‘‘October 17, 1998,’’; ‘national laboratory’ and ‘Restricted Data’ have (iii) in subsection (c)— the meanings given such terms in section for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 940) is— (I) by striking ‘‘section 3161(c) of that Act’’ 4502(g)).’’. and inserting ‘‘subsection (c) of section 4522’’; (5) COUNTERINTELLIGENCE POLYGRAPH PRO- (A) transferred to title XLV of division D of and GRAM.— the Bob Stump National Defense Authorization (II) by striking ‘‘section 3161(a) of that Act’’ (A) DEPARTMENT OF ENERGY COUNTERINTEL- Act for Fiscal Year 2003, as amended by this and inserting ‘‘subsection (a) of such section’’; LIGENCE POLYGRAPH PROGRAM.—Section 3152 of subsection; and the National Defense Authorization Act for Fis- (B) redesignated as section 4508; (iv) in subsection (d), by striking ‘‘section cal Year 2002 (Public Law 107–107; 115 Stat. (C) inserted after section 4507, as added by 3161(d) of that Act’’ and inserting ‘‘subsection 1376) is— paragraph (8); and (i) transferred to title XLV of division D of the (D) amended by adding at the end the fol- (d) of section 4522’’. Bob Stump National Defense Authorization Act lowing new subsection: (14) PROTECTION OF CLASSIFIED INFORMATION for Fiscal Year 2003, as amended by this sub- ‘‘(f) NATIONAL LABORATORY DEFINED.—In this DURING LABORATORY-TO-LABORATORY EX- section; section, the term ‘national laboratory’ has the CHANGES.—Section 3145 of the National Defense (ii) redesignated as section 4504; meaning given that term in section 4502(g)(3).’’. Authorization Act for Fiscal Year 2000 (Public (iii) inserted after section 4503, as added by (10) SUBTITLE HEADING ON CLASSIFIED INFOR- Law 106–65; 113 Stat. 935) is— paragraph (4); and MATION.—Title XLV of division D of the Bob (A) transferred to title XLV of division D of (iv) amended in subsection (c) by striking Stump National Defense Authorization Act for the Bob Stump National Defense Authorization ‘‘section 3154 of the Department of Energy Fa- Fiscal Year 2003, as amended by this subsection, Act for Fiscal Year 2003, as amended by this cilities Safeguards, Security, and Counterintel- is further amended by adding at the end the fol- subsection; ligence Enhancement Act of 1999 (subtitle D of lowing new subtitle heading: (B) redesignated as section 4524; and (C) inserted after section 4523, as added by title XXXI of Public Law 106–65; 42 U.S.C. ‘‘Subtitle B—Classified Information’’. 7383h)’’ and inserting ‘‘section 4504A’’. paragraph (13). (B) COUNTERINTELLIGENCE POLYGRAPH PRO- (11) REVIEW OF CERTAIN DOCUMENTS BEFORE (15) IDENTIFICATION IN BUDGETS OF AMOUNT GRAM.—Section 3154 of the National Defense DECLASSIFICATION AND RELEASE.—Section 3155 of FOR DECLASSIFICATION ACTIVITIES.—Section 3173 Authorization Act for Fiscal Year 2000 (Public the National Defense Authorization Act for Fis- of the National Defense Authorization Act for Law 106–65; 113 Stat. 941), as amended by sec- cal Year 1996 (Public Law 104–106; 110 Stat. 625) Fiscal Year 2000 (Public Law 106–65; 113 Stat. tion 3135 of the Floyd D. Spence National De- is— 949) is— fense Authorization Act for Fiscal Year 2001 (as (A) transferred to title XLV of division D of (A) transferred to title XLV of division D of enacted into law by Public Law 106–398; 114 the Bob Stump National Defense Authorization the Bob Stump National Defense Authorization Stat. 1654A–456), is— Act for Fiscal Year 2003, as amended by this Act for Fiscal Year 2003, as amended by this (i) transferred to title XLV of division D of the subsection; subsection; Bob Stump National Defense Authorization Act (B) redesignated as section 4521; and (B) redesignated as section 4525; for Fiscal Year 2003, as amended by this sub- (C) inserted after the heading for subtitle B of (C) inserted after section 4524, as added by section; such title, as added by paragraph (10). paragraph (14); and (ii) redesignated as section 4504A; (12) PROTECTION AGAINST INADVERTENT RE- (D) amended in subsection (b) by striking ‘‘the (iii) inserted after section 4504, as added by LEASE OF RESTRICTED DATA AND FORMERLY RE- date of the enactment of this Act’’ and inserting subparagraph (A); and STRICTED DATA.—Section 3161 of the Strom ‘‘October 5, 1999,’’. (iv) amended in subsection (h) by striking Thurmond National Defense Authorization Act (16) SUBTITLE HEADING ON EMERGENCY RE- ‘‘180 days after the date of the enactment of this for Fiscal Year 1999 (Public Law 105–261; 112 SPONSE.—Title XLV of division D of the Bob Act,’’ and inserting ‘‘April 5, 2000,’’. Stat. 2259), as amended by section 1067(3) of the Stump National Defense Authorization Act for

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00113 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.045 H21PT1 H4484 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Fiscal Year 2003, as amended by this subsection, Defense Authorization Act for Fiscal Year 1995 (B) redesignated as section 4621; is further amended by adding at the end the fol- (Public Law 103–337; 108 Stat. 2857), Public Law (C) inserted after the heading for subtitle B of lowing new subtitle heading: 105–277 (112 Stat. 2681–419, 2681–430), and sec- such title, as added by paragraph (7); and ‘‘Subtitle C—Emergency Response’’. tion 1048(h)(1) of the National Defense Author- (D) amended in the section heading by adding ization Act for Fiscal Year 2002 (Public Law a period at the end. (17) RESPONSIBILITY FOR DEFENSE PROGRAMS 107–107; 115 Stat. 1229), is— (9) STOCKPILE STEWARDSHIP RECRUITMENT AND EMERGENCY RESPONSE PROGRAM.—Section 3158 (A) transferred to title XLVI of division D of TRAINING PROGRAM.—Section 3131 of the Na- of the National Defense Authorization Act for the Bob Stump National Defense Authorization tional Defense Authorization Act for Fiscal Fiscal Year 1996 (Public Law 104–106; 110 Stat. Act for Fiscal Year 2003, as amended by this Year 1995 (Public Law 103–337; 108 Stat. 3085) 626) is— subsection; is— (A) transferred to title XLV of division D of (B) redesignated as section 4604; (A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization (C) inserted after section 4603, as added by the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this paragraph (4); and Act for Fiscal Year 2003, as amended by this subsection; (D) amended— subsection; (B) redesignated as section 4541; and (i) in subsection (a), by striking ‘‘(hereinafter (B) redesignated as section 4622; (C) inserted after the heading for subtitle C of in this subtitle referred to as the ‘Secretary’)’’; (C) inserted after section 4621, as added by such title, as added by paragraph (16). and paragraph (8); and (i) PERSONNEL MATTERS.— (ii) by adding at the end the following new (D) amended— (1) HEADINGS.—Division D of the Bob Stump subsection: (i) in subsection (a)(1), by striking ‘‘section National Defense Authorization Act for Fiscal ‘‘(g) DEPARTMENT OF ENERGY DEFENSE NU- 3138 of the National Defense Authorization Act Year 2003, as amended by this section, is further CLEAR FACILITY DEFINED.—In this section, the for Fiscal Year 1994 (Public Law 103–160; 107 amended by adding at the end the following term ‘Department of Energy defense nuclear fa- Stat. 1946; 42 U.S.C. 2121 note)’’ and inserting new headings: cility’ means— ‘‘section 4201’’; and ‘‘TITLE XLVI—PERSONNEL MATTERS ‘‘(1) a production facility or utilization facil- (ii) in subsection (b)(2), by inserting ‘‘of the ity (as those terms are defined in section 11 of National Defense Authorization Act for Fiscal ‘‘Subtitle A—Personnel Management’’. the Atomic Energy Act of 1954 (42 U.S.C. 2014)) Year 1995 (Public Law 103–337)’’ after ‘‘section (2) AUTHORITY FOR APPOINTMENT OF CERTAIN that is under the control or jurisdiction of the 3101(a)(1)’’. SCIENTIFIC, ENGINEERING, AND TECHNICAL PER- Secretary and that is operated for national se- (10) FELLOWSHIP PROGRAM FOR DEVELOPMENT SONNEL.—Section 3161 of the National Defense curity purposes (including the tritium loading OF SKILLS CRITICAL TO NUCLEAR WEAPONS COM- Authorization Act for Fiscal Year 1995 (Public facility at Savannah River, South Carolina, the PLEX.—Section 3140 of the National Defense Au- Law 103–337; 108 Stat. 3095), as amended by sec- 236 H facility at Savannah River, South Caro- thorization Act for Fiscal Year 1996 (Public Law tion 3139 of the National Defense Authorization lina; and the Mound Laboratory, Ohio), but the 104–106; 110 Stat 621), as amended by section Act for Fiscal Year 1998 (Public Law 105–85; 111 term does not include any facility that does not 3162 of the National Defense Authorization Act Stat. 2040), sections 3152 and 3155 of the Strom conduct atomic energy defense activities and for Fiscal Year 2000 (Public Law 106–65; 113 Thurmond National Defense Authorization Act does not include any facility or activity covered Stat. 943), is— for Fiscal Year 1999 (Public Law 105–261; 112 by Executive Order Number 12344, dated Feb- (A) transferred to title XLVI of division D of Stat. 2253, 2257), and section 3191 of the Floyd ruary 1, 1982, pertaining to the naval nuclear the Bob Stump National Defense Authorization D. Spence National Defense Authorization Act propulsion program; Act for Fiscal Year 2003, as amended by this for Fiscal Year 2001 (as enacted into law by ‘‘(2) a nuclear waste storage or disposal facil- subsection; Public Law 106–398; 114 Stat. 1654A–480), is— ity that is under the control or jurisdiction of (B) redesignated as section 4623; and (A) transferred to title XLVI of division D of the Secretary; (C) inserted after section 4622, as added by the Bob Stump National Defense Authorization ‘‘(3) a testing and assembly facility that is paragraph (9). Act for Fiscal Year 2003, as added by paragraph under the control or jurisdiction of the Sec- (11) SUBTITLE HEADING ON WORKER SAFETY.— (1); retary and that is operated for national security Title XLVI of division D of the Bob Stump Na- (B) redesignated as section 4601; and purposes (including the Nevada Test Site, Ne- tional Defense Authorization Act for Fiscal (C) inserted after the heading for subtitle A of vada; the Pinnellas Plant, Florida; and the Year 2003, as amended by this subsection, is fur- such title, as so added. Pantex facility, Texas); ther amended by adding at the end the fol- (3) WHISTLEBLOWER PROTECTION PROGRAM.— ‘‘(4) an atomic weapons research facility that lowing new subtitle heading: Section 3164 of the National Defense Authoriza- is under the control or jurisdiction of the Sec- ‘‘Subtitle C—Worker Safety’’. tion Act for Fiscal Year 2000 (Public Law 106–65; retary (including Lawrence Livermore, Los Ala- (12) WORKER PROTECTION AT NUCLEAR WEAP- 113 Stat. 946) is— mos, and Sandia National Laboratories); or ONS FACILITIES.—Section 3131 of the National (A) transferred to title XLVI of division D of ‘‘(5) any facility described in paragraphs (1) Defense Authorization Act for Fiscal Years 1992 the Bob Stump National Defense Authorization through (4) that— and 1993 (Public Law 102–190; 105 Stat. 1571) Act for Fiscal Year 2003, as amended by this ‘‘(A) is no longer in operation; is— ‘‘(B) was under the control or jurisdiction of subsection; (A) transferred to title XLVI of division D of the Department of Defense, the Atomic Energy (B) redesignated as section 4602; the Bob Stump National Defense Authorization Commission, or the Energy Research and Devel- (C) inserted after section 4601, as added by Act for Fiscal Year 2003, as amended by this opment Administration; and paragraph (2); and subsection; ‘‘(C) was operated for national security pur- (D) amended in subsection (n) by striking ‘‘60 (B) redesignated as section 4641; days after the date of the enactment of this poses.’’. (C) inserted after the heading for subtitle C of (6) AUTHORITY TO PROVIDE CERTIFICATE OF Act,’’ and inserting ‘‘December 5, 1999,’’. such title, as added by paragraph (11); and (4) EMPLOYEE INCENTIVES FOR WORKERS AT COMMENDATION TO EMPLOYEES.—Section 3195 of (D) amended in subsection (e) by inserting ‘‘of CLOSURE PROJECT FACILITIES.—Section 3136 of the Floyd D. Spence National Defense Author- the National Defense Authorization Act for Fis- the Floyd D. Spence National Defense Author- ization Act for Fiscal Year 2001 (as enacted into cal Years 1992 and 1993 (Public Law 102–190)’’ ization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–481) after ‘‘section 3101(9)(A)’’. law by Public Law 106–398; 114 Stat. 1654A–458) is— (13) SAFETY OVERSIGHT AND ENFORCEMENT AT (A) transferred to title XLVI of division D of is— DEFENSE NUCLEAR FACILITIES.—Section 3163 of (A) transferred to title XLVI of division D of the Bob Stump National Defense Authorization the National Defense Authorization Act for Fis- the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this cal Year 1995 (Public Law 103–337; 108 Stat. Act for Fiscal Year 2003, as amended by this subsection; 3097) is— (B) redesignated as section 4605; and subsection; (A) transferred to title XLVI of division D of (C) inserted after section 4604, as added by (B) redesignated as section 4603; the Bob Stump National Defense Authorization paragraph (5). (C) inserted after section 4602, as added by Act for Fiscal Year 2003, as amended by this (7) SUBTITLE HEADING ON TRAINING AND EDU- paragraph (3); and subsection; CATION.—Title XLVI of division D of the Bob (D) amended— (B) redesignated as section 4642; Stump National Defense Authorization Act for (i) in subsections (c) and (i)(1)(A), by striking (C) inserted after section 4641, as added by Fiscal Year 2003, as amended by this subsection, ‘‘section 3143 of the National Defense Author- paragraph (12); and ization Act for Fiscal Year 1997 (42 U.S.C. is further amended by adding at the end the fol- (D) amended in subsection (b) by striking ‘‘90 7274n)’’ and inserting ‘‘section 4421’’; and lowing new subtitle heading: days after the date of the enactment of this (ii) in subsection (g), by striking ‘‘section ‘‘Subtitle B—Education and Training’’. Act,’’ and inserting ‘‘January 5, 1995,’’. 3143(h) of the National Defense Authorization (8) EXECUTIVE MANAGEMENT TRAINING.—Sec- (14) PROGRAM TO MONITOR WORKERS AT DE- Act for Fiscal Year 1997’’ and inserting ‘‘section tion 3142 of the National Defense Authorization FENSE NUCLEAR FACILITIES EXPOSED TO HAZ- 4421(h)’’. Act for Fiscal Years 1990 and 1991 (Public Law ARDOUS OR RADIOACTIVE SUBSTANCES.—Section (5) DEFENSE NUCLEAR FACILITY WORKFORCE 101–189; 103 Stat. 1680) is— 3162 of the National Defense Authorization Act RESTRUCTURING PLAN.—Section 3161 of the Na- (A) transferred to title XLVI of division D of for Fiscal Year 1993 (Public Law 102–484; 106 tional Defense Authorization Act for Fiscal the Bob Stump National Defense Authorization Stat. 2646) is— Year 1993 (Public Law 102–484; 106 Stat. 2644), Act for Fiscal Year 2003, as amended by this (A) transferred to title XLVI of division D of as amended by section 1070(c)(2) of the National subsection; the Bob Stump National Defense Authorization

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Act for Fiscal Year 2003, as amended by this (5) RESTRICTION ON USE OF FUNDS TO PAY PEN- Act for Fiscal Year 2003, as amended by this subsection; ALTIES UNDER CLEAN AIR ACT.—Section 211 of subsection; (B) redesignated as section 4643; the Department of Energy National Security (B) redesignated as section 4802; (C) inserted after section 4642, as added by and Military Applications of Nuclear Energy (C) inserted after section 4801, as added by paragraph (13); and Authorization Act of 1981 (Public Law 96–540; 94 paragraph (2); and (D) amended— Stat. 3203) is— (D) amended— (i) in subsection (b)(6), by striking ‘‘1 year (A) transferred to title XLVII of division D of (i) in the section heading, by adding a period after the date of the enactment of this Act’’ and the Bob Stump National Defense Authorization at the end; inserting ‘‘October 23, 1993’’; Act for Fiscal Year 2003, as amended by this (ii) in subsection (a), by striking ‘‘the date of (ii) in subsection (c), by striking ‘‘180 days subsection; the enactment of this Act’’ and inserting ‘‘No- after the date of the enactment of this Act,’’ and (B) inserted after section 4721, as added by vember 29, 1989’’; inserting ‘‘April 23, 1993,’’; and paragraph (4); and (iii) in subsection (b), by striking ‘‘6 months (iii) by adding at the end the following new (C) amended— after the date of the enactment of this Act,’’ and subsection: (i) by striking the section heading and insert- inserting ‘‘May 29, 1990,’’; and ‘‘(c) DEFINITIONS.—In this section: ing the following new section heading: (iv) in subsection (d), by striking ‘‘90 days ‘‘(1) The term ‘Department of Energy defense ‘‘SEC. 4722. RESTRICTION ON USE OF FUNDS TO after the date of the enactment of this Act’’ and nuclear facility’ has the meaning given that PAY PENALTIES UNDER CLEAN AIR inserting ‘‘March 1, 1990’’. ; term in section 4604(g). ACT.’’ (4) CONTRACTOR LIABILITY FOR INJURY OR LOSS (ii) by striking SEC. 211.’’; and ‘‘(2) The term ‘Department of Energy em- OF PROPERTY ARISING FROM ATOMIC WEAPONS (iii) by striking ‘‘this or any other Act’’ and ployee’ means any employee of the Department TESTING PROGRAMS.—Section 3141 of the Na- inserting ‘‘the Department of Energy National of Energy employed at a Department of Energy tional Defense Authorization Act for Fiscal Security and Military Applications of Nuclear defense nuclear facility, including any employee Year 1991 (Public Law 101–510; 104 Stat. 1837) Energy Authorization Act of 1981 (Public Law of a contractor of subcontractor of the Depart- is— 96–540) or any other Act’’. ment of Energy employed at such a facility.’’. (A) transferred to title XLVIII of division D of (6) SUBTITLE HEADING ON OTHER MATTERS.— the Bob Stump National Defense Authorization (j) BUDGET AND FINANCIAL MANAGEMENT MAT- Title XLVII of division D of the Bob Stump Na- Act for Fiscal Year 2003, as amended by this TERS.— tional Defense Authorization Act for Fiscal subsection; (1) HEADINGS.—Division D of the Bob Stump Year 2003, as amended by this subsection, is fur- National Defense Authorization Act for Fiscal (B) redesignated as section 4803; ther amended by adding at the end the fol- (C) inserted after section 4802, as added by Year 2003, as amended by this section, is further lowing new subtitle heading: paragraph (3); and amended by adding at the end the following (D) amended— new headings: ‘‘Subtitle C—Other Matters’’. (7) SINGLE REQUEST FOR AUTHORIZATION OF (i) in the section heading, by adding a period ‘‘TITLE XLVII—BUDGET AND FINANCIAL APPROPRIATIONS FOR COMMON DEFENSE AND SE- at the end; and MANAGEMENT MATTERS (ii) in subsection (d), by striking ‘‘the date of CURITY PROGRAMS.—Section 208 of the Depart- ‘‘Subtitle A—Recurring National Security ment of Energy National Security and Military the enactment of this Act’’ each place it appears Authorization Provisions’’. Applications of Nuclear Energy Authorization and inserting ‘‘November 5, 1990,’’. (5) SUBTITLE HEADING ON RESEARCH AND DE- (2) RECURRING NATIONAL SECURITY AUTHOR- Act of 1979 (Public Law 95–509; 92 Stat. 1779) VELOPMENT.—Title XLVIII of division D of the IZATION PROVISIONS.—Sections 3620 through 3631 is— of the Bob Stump National Defense Authoriza- (A) transferred to title XLVII of division D of Bob Stump National Defense Authorization Act tion Act for Fiscal Year 2003 (Public Law 107– the Bob Stump National Defense Authorization for Fiscal Year 2003, as amended by this sub- 314; 116 Stat. 2756) are— Act for Fiscal Year 2003, as amended by this section, is further amended by adding at the end (A) transferred to title XLVII of division D of subsection; the following new subtitle heading: such Act, as added by paragraph (1); (B) inserted after the heading for subtitle C of ‘‘Subtitle B—Research and Development’’. (B) redesignated as sections 4701 through 4712, such title, as added by paragraph (6); and (6) LABORATORY-DIRECTED RESEARCH AND DE- respectively; (C) amended— VELOPMENT.—Section 3132 of the National De- (C) inserted after the heading for subtitle A of (i) by striking the section heading and insert- fense Authorization Act for Fiscal Year 1991 such title, as so added; and ing the following new section heading: (Public Law 101–510; 104 Stat. 1832) is— (D) amended— ‘‘SEC. 4731. SINGLE REQUEST FOR AUTHORIZA- (A) transferred to title XLVIII of division D of (i) in section 4702, as so redesignated, by strik- TION OF APPROPRIATIONS FOR the Bob Stump National Defense Authorization ing ‘‘sections 3629 and 3630’’ and inserting ‘‘sec- COMMON DEFENSE AND SECURITY Act for Fiscal Year 2003, as amended by this PROGRAMS.’’; and tions 4710 and 4711’’; subsection; (ii) by striking ‘‘SEC. 208.’’. (ii) in section 4706(a)(3)(B), as so redesig- (B) redesignated as section 4811; (k) ADMINISTRATIVE MATTERS.— nated, by striking ‘‘section 3626’’ and inserting (C) inserted after the heading for subtitle B of (1) HEADINGS.—Division D of the Bob Stump such title, as added by paragraph (5); and ‘‘section 4707’’; National Defense Authorization Act for Fiscal (D) amended in the section heading by adding (iii) in section 4707(c), as so redesignated, by Year 2003, as amended by this section, is further a period at the end. striking ‘‘section 3625(b)(2)’’ and inserting ‘‘sec- amended by adding at the end the following (7) LIMITATIONS ON USE OF FUNDS FOR LAB- tion 4706(b)(2)’’; new headings: (iv) in section 4710(c), as so redesignated, by ORATORY DIRECTED RESEARCH AND DEVELOP- striking ‘‘section 3621’’ and inserting ‘‘section ‘‘TITLE XLVIII—ADMINISTRATIVE MENT.— 4702’’; MATTERS (A) LIMITATIONS ON USE OF FUNDS FOR LAB- (v) in section 4711(c), as so redesignated, by ‘‘Subtitle A—Contracts’’. ORATORY DIRECTED RESEARCH AND DEVELOP- striking ‘‘section 3621’’ and inserting ‘‘section (2) COSTS NOT ALLOWED UNDER CERTAIN CON- MENT.—Section 3137 of the National Defense Au- 4702’’; and TRACTS.—Section 1534 of the Department of De- thorization Act for Fiscal Year 1998 (Public Law (vi) in section 4712, as so redesignated, by fense Authorization Act, 1986 (Public Law 99– 105–85; 111 Stat. 2038) is— striking ‘‘section 3621’’ and inserting ‘‘section 145; 99 Stat. 774), as amended by section 3131 of (i) transferred to title XLVIII of division D of 4702’’. the National Defense Authorization Act for Fis- the Bob Stump National Defense Authorization (3) SUBTITLE HEADING ON PENALTIES.—Title cal Years 1988 and 1989 (Public Law 100–180; 101 Act for Fiscal Year 2003, as amended by this XLVII of division D of the Bob Stump National Stat. 1238), is— subsection; Defense Authorization Act for Fiscal Year 2003, (A) transferred to title XLVIII of division D of (ii) redesignated as section 4812; as amended by this subsection, is further the Bob Stump National Defense Authorization (iii) inserted after section 4811, as added by amended by adding at the end the following Act for Fiscal Year 2003, as added by paragraph paragraph (6); and new subtitle heading: (1); (iv) amended— (I) in subsection (b), by striking ‘‘section ‘‘Subtitle B—Penalties’’. (B) redesignated as section 4801; (C) inserted after the heading for subtitle A of 3136(b) of the National Defense Authorization (4) RESTRICTION ON USE OF FUNDS TO PAY PEN- such title, as so added; and Act for Fiscal Year 1997 (Public Law 104–201; ALTIES UNDER ENVIRONMENTAL LAWS.—Section (D) amended— 110 Stat. 2831; 42 U.S.C. 7257b)’’ and inserting 3132 of the National Defense Authorization Act (i) in the section heading, by adding a period ‘‘section 4812A(b)’’; for Fiscal Year 1987 (Public Law 99–661; 100 at the end; and (II) in subsection (d)— Stat. 4063) is— (ii) in subsection (b)(1), by striking ‘‘the date (aa) by striking ‘‘section 3136(b)(1)’’ and in- (A) transferred to title XLVII of division D of of the enactment of this Act,’’ and inserting serting ‘‘section 4812A(b)(1)’’; and the Bob Stump National Defense Authorization ‘‘November 8, 1985,’’. (bb) by striking ‘‘section 3132(c) of the Na- Act for Fiscal Year 2003, as amended by this (3) PROHIBITION ON BONUSES TO CONTRACTORS tional Defense Authorization Act for Fiscal subsection; OPERATING DEFENSE NUCLEAR FACILITIES.—Sec- Year 1991 (42 U.S.C. 7257a(c))’’ and inserting (B) redesignated as section 4721; tion 3151 of the National Defense Authorization ‘‘section 4811(c)’’; and (C) inserted after the heading for subtitle B of Act for Fiscal Years 1990 and 1991 (Public Law (III) in subsection (e), by striking ‘‘section such title, as added by paragraph (3); and 101–189; 103 Stat. 1682) is— 3132(d) of the National Defense Authorization (D) amended in the section heading by adding (A) transferred to title XLVIII of division D of Act for Fiscal Year 1991 (42 U.S.C. 7257a(d))’’ a period at the end. the Bob Stump National Defense Authorization and inserting ‘‘section 4811(d)’’.

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(B) LIMITATION ON USE OF FUNDS FOR CERTAIN (B) redesignated as section 4833; (A) transferred to title XLIX of division D of RESEARCH AND DEVELOPMENT PURPOSES.—Sec- (C) inserted after section 4832, as added by the Bob Stump National Defense Authorization tion 3136 of the National Defense Authorization paragraph (12); and Act for Fiscal Year 2003, as amended by this Act for Fiscal Year 1997 (Public Law 104–201; (D) amended in subsection (d) by striking subsection; 110 Stat. 2830), as amended by section 3137 of ‘‘sections 202 and 203(j) of the Federal Property (B) redesignated as section 4902; the National Defense Authorization Act for Fis- and Administrative Services Act of 1949 (40 (C) inserted after section 4901, as added by cal Year 1998 (Public Law 105–85; 111 Stat. U.S.C. 483 and 484(j))’’ and inserting ‘‘sub- paragraph (2); and 2038), is— chapter II of chapter 5 and section 549 of title (D) amended— (i) transferred to title XLVIII of division D of 40, United States Code,’’. (i) in the section heading, by adding a period the Bob Stump National Defense Authorization (14) SUBTITLE HEADING ON OTHER MATTERS.— at the end; Act for Fiscal Year 2003, as amended by this Title XLVIII of division D of the Bob Stump Na- (ii) in subsection (a), by striking ‘‘this title’’ subsection; tional Defense Authorization Act for Fiscal and inserting ‘‘title XXXI of the National De- (ii) redesignated as section 4812A; Year 2003, as amended by this subsection, is fur- fense Authorization Act for Fiscal Year 1991 (iii) inserted after section 4812, as added by ther amended by adding at the end the fol- (Public Law 101–510)’’; and paragraph (7); and lowing new subtitle heading: (iii) in subsection (c)— (iv) amended in subsection (a) by inserting ‘‘of ‘‘Subtitle D—Other Matters’’. (I) in paragraph (2), by striking ‘‘six months the National Defense Authorization Act for Fis- after the date of the enactment of this Act,’’ and (15) SEMIANNUAL REPORTS ON LOCAL IMPACT cal Year 1997 (Public Law 104–201)’’ after ‘‘sec- inserting ‘‘May 5, 1991,’’; and ASSISTANCE.—Subsection (f) of section 3153 of tion 3101’’. (II) in paragraph (3), by striking ‘‘18 months the National Defense Authorization Act for Fis- (8) CRITICAL TECHNOLOGY PARTNERSHIPS.— after the date of the enactment of this Act,’’ and cal Year 1998 (Public Law 105–85; 111 Stat. 2044) Section 3136 of the National Defense Authoriza- inserting ‘‘May 5, 1992,’’. is— tion Act for Fiscal Years 1992 and 1993 (Public (A) transferred to title XLVIII of division D of (4) WASTE TANK CLEANUP PROGRAM.—Section Law 102–190; 105 Stat. 1577), as amended by sec- the Bob Stump National Defense Authorization 3139 of the Strom Thurmond National Defense tion 203(b)(3) of Public Law 103–35 (107 Stat. Act for Fiscal Year 2003, as amended by this Authorization Act for Fiscal Year 1999 (Public 102), is— subsection; Law 105–261; 112 Stat. 2250), as amended by sec- (A) transferred to title XLVIII of division D of (B) inserted after the heading for subtitle D of tion 3141 of the Floyd D. Spence National De- the Bob Stump National Defense Authorization such title, as added by paragraph (14); and fense Authorization Act for Fiscal Year 2001 (as Act for Fiscal Year 2003, as amended by this (C) amended— enacted into law by Public Law 106–398; 114 subsection; (i) by inserting before the text the following Stat. 1654A–463) and section 3135 of the National (B) redesignated as section 4813; and new section heading: Defense Authorization Act for Fiscal Year 2002 (C) inserted after section 4812A, as added by (Public Law 107–107; 115 Stat. 1368), is— paragraph (7)(B). ‘‘SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IM- PACT ASSISTANCE.’’; (A) transferred to title XLIX of division D of (9) UNIVERSITY-BASED RESEARCH COLLABORA- (ii) by striking ‘‘(f) SEMIANNUAL REPORTS ON the Bob Stump National Defense Authorization TION PROGRAM.—Section 3155 of the National LOCAL IMPACT ASSISTANCE.—’’; and Act for Fiscal Year 2003, as amended by this Defense Authorization Act for Fiscal Year 1998 (iii) by striking ‘‘section 3161(c)(6) of the Na- subsection; (Public Law 105–85; 111 Stat. 2044) is— tional Defense Authorization Act of Fisca Year (B) redesignated as section 4903; (A) transferred to title XLVIII of division D of 1993 (42 U.S.C. 7274h(c)(6))’’ and inserting ‘‘sec- (C) inserted after section 4902, as added by the Bob Stump National Defense Authorization tion 4604(c)(6)’’. paragraph (3); and Act for Fiscal Year 2003, as amended by this (l) MATTERS RELATING TO PARTICULAR FACILI- (D) amended in subsection (d) by striking ‘‘30 subsection; days after the date of the enactment of the (B) redesignated as section 4814; TIES.— (1) HEADINGS.—Division D of the Bob Stump Floyd D. Spence National Defense Authoriza- (C) inserted after section 4813, as added by tion Act for Fiscal Year 2001,’’ and inserting paragraph (8); and National Defense Authorization Act for Fiscal Year 2003, as amended by this section, is further ‘‘November 29, 2000,’’. (D) amended in subsection (c) by striking (5) RIVER PROTECTION PROJECT.—Subsection ‘‘this title’’ and inserting ‘‘title XXXI of the Na- amended by adding at the end the following new headings: (a) of section 3141 of the Floyd D. Spence Na- tional Defense Authorization Act for Fiscal tional Defense Authorization Act for Fiscal ‘‘TITLE XLIX—MATTERS RELATING TO Year 1998 (Public Law 105–85)’’. Year 2001 (as enacted into law by Public Law PARTICULAR FACILITIES (10) SUBTITLE HEADING ON FACILITIES MANAGE- 106–398; 114 Stat. 1654A–462) is— MENT.—Title XLVIII of division D of the Bob ‘‘Subtitle A—Hanford Reservation, (A) transferred to title XLIX of division D of Stump National Defense Authorization Act for Washington’’. the Bob Stump National Defense Authorization Fiscal Year 2003, as amended by this subsection, (2) SAFETY MEASURES FOR WASTE TANKS.—Sec- Act for Fiscal Year 2003, as amended by this is further amended by adding at the end the fol- tion 3137 of the National Defense Authorization subsection; lowing new subtitle heading: Act for Fiscal Year 1991 (Public Law 101–510; (B) inserted after section 4903, as added by ‘‘Subtitle C—Facilities Management’’. 104 Stat. 1833) is— paragraph (4); and (11) TRANSFERS OF REAL PROPERTY AT CERTAIN (A) transferred to title XLIX of division D of (C) amended— FACILITIES.—Section 3158 of the National De- the Bob Stump National Defense Authorization (i) by inserting before the text the following fense Authorization Act for Fiscal Year 1998 Act for Fiscal Year 2003, as added by paragraph new section heading: (Public Law 105–85; 111 Stat. 2046) is— (1); ‘‘SEC. 4904. RIVER PROTECTION PROJECT.’’; and (A) transferred to title XLVIII of division D of (B) redesignated as section 4901; (ii) by striking ‘‘(a) REDESIGNATION OF the Bob Stump National Defense Authorization (C) inserted after the heading for subtitle A of PROJECT.—’’. Act for Fiscal Year 2003, as amended by this such title, as so added; and (6) FUNDING FOR TERMINATION COSTS OF RIVER (D) amended— subsection; PROTECTION PROJECT.—Section 3131 of the Floyd (B) redesignated as section 4831; and (i) in the section heading, by adding a period D. Spence National Defense Authorization Act (C) inserted after the heading for subtitle C of at the end; for Fiscal Year 2001 (as enacted into law by (ii) in subsection (a), by striking ‘‘Within 90 such title, as added by paragraph (10). Public Law 106–398; 114 Stat. 1654A–454) is— days after the date of the enactment of this (12) ENGINEERING AND MANUFACTURING RE- (A) transferred to title XLIX of division D of Act,’’ and inserting ‘‘Not later than February 3, SEARCH, DEVELOPMENT, AND DEMONSTRATION AT the Bob Stump National Defense Authorization 1991,’’; CERTAIN NUCLEAR WEAPONS PRODUCTION Act for Fiscal Year 2003, as amended by this (iii) in subsection (b), by striking ‘‘Within 120 PLANTS.—Section 3156 of the Floyd D. Spence subsection; days after the date of the enactment of this National Defense Authorization Act for Fiscal (B) redesignated as section 4905; Act,’’ and inserting ‘‘Not later than March 5, Year 2001 (as enacted into law by Public Law (C) inserted after section 4904, as added by 1991,’’; 106–398; 114 Stat. 1654A–467) is— paragraph (5); and (iv) in subsection (c), by striking ‘‘Beginning (A) transferred to title XLVIII of division D of (D) amended— 120 days after the date of the enactment of this the Bob Stump National Defense Authorization (i) by striking ‘‘section 3141’’ and inserting Act,’’ and inserting ‘‘Beginning March 5, Act for Fiscal Year 2003, as amended by this ‘‘section 4904’’; and 1991,’’; and subsection; (ii) by striking ‘‘the date of the enactment of (v) in subsection (d), by striking ‘‘Within six (B) redesignated as section 4832; and this Act’’ and inserting ‘‘October 30, 2000’’. (C) inserted after section 4831, as added by months of the date of the enactment of this (7) SUBTITLE HEADING ON SAVANNAH RIVER paragraph (11). Act,’’ and inserting ‘‘Not later than May 5, SITE, SOUTH CAROLINA.—Title XLIX of division (13) PILOT PROGRAM ON USE OF PROCEEDS OF 1991,’’. D of the Bob Stump National Defense Author- DISPOSAL OR UTILIZATION OF CERTAIN ASSETS.— (3) PROGRAMS FOR PERSONS WHO MAY HAVE ization Act for Fiscal Year 2003, as amended by Section 3138 of the National Defense Authoriza- BEEN EXPOSED TO RADIATION RELEASED FROM this subsection, is further amended by adding at tion Act for Fiscal Year 1998 (Public Law 105–85; HANFORD RESERVATION.—Section 3138 of the Na- the end the following new subtitle heading: 111 Stat. 2039) is— tional Defense Authorization Act for Fiscal (A) transferred to title XLVIII of division D of Year 1991 (Public Law 101–510; 104 Stat. 1834), ‘‘Subtitle B—Savannah River Site, South the Bob Stump National Defense Authorization as amended by section 3138 of the National De- Carolina’’. Act for Fiscal Year 2003, as amended by this fense Authorization Act for Fiscal Year 1995 (8) ACCELERATED SCHEDULE FOR ISOLATING subsection; (Public Law 103–337; 108 Stat. 3087), is— HIGH-LEVEL NUCLEAR WASTE AT DEFENSE WASTE

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PROCESSING FACILITY.—Section 3141 of the Na- (E) FISCAL YEAR 1997.—Subsection (f) of sec- (C) inserted after the heading for subtitle C of tional Defense Authorization Act for Fiscal tion 3142 of the National Defense Authorization such title, as added by paragraph (13). Year 1997 (Public Law 104–201; 110 Stat. 2834) Act for Fiscal Year 1997 (Public Law 104–201; (m) CONFORMING AMENDMENTS.—(1) Title is— 110 Stat. 2836) is— XXXVI of the Bob Stump National Defense Au- (A) transferred to title XLIX of division D of (i) transferred to title XLIX of division D of thorization Act for Fiscal Year 2003 (Public Law the Bob Stump National Defense Authorization the Bob Stump National Defense Authorization 107–314; 116 Stat. 1756) is repealed. Act for Fiscal Year 2003, as amended by this Act for Fiscal Year 2003, as amended by this (2) Subtitle E of title XXXI of the National subsection; subsection; Defense Authorization Act for Fiscal Year 1993 (B) redesignated as 4911; and (ii) inserted after section 4913C, as added by (Public Law 102–484; 42 U.S.C. 7274h et seq.) is (C) inserted after the heading for subtitle B of subparagraph (D); and repealed. such title, as added by paragraph (7). (iii) amended— (3) Section 8905a(d)(5)(A) of title 5, United (9) MULTI-YEAR PLAN FOR CLEAN-UP.—Sub- (I) by inserting before the text the following section (e) of section 3142 of the National De- States Code, is amended by striking ‘‘section new section heading: fense Authorization Act for Fiscal Year 1997 3143 of the National Defense Authorization Act (Public Law 104–201; 110 Stat. 2834) is— ‘‘SEC. 4913D. CONTINUATION OF PROCESSING, for Fiscal Year 1997 (42 U.S.C. 7274n)’’ and in- (A) transferred to title XLIX of division D of TREATMENT, AND DISPOSAL OF LEG- serting ‘‘section 4421 of the Atomic Energy De- ACY NUCLEAR MATERIALS.’’; the Bob Stump National Defense Authorization fense Act’’. (II) by striking ‘‘(f) REQUIREMENT FOR CON- Act for Fiscal Year 2003, as amended by this TITLE XXXII—DEFENSE NUCLEAR TINUING OPERATIONS AT SAVANNAH RIVER subsection; FACILITIES SAFETY BOARD (B) inserted after section 4911, as added by SITE.—The Secretary’’ and inserting ‘‘The Sec- SEC. 3201. AUTHORIZATION. paragraph (8); and retary of Energy’’; and (C) amended— (III) by striking ‘‘subsection (e)’’ and insert- There are authorized to be appropriated for (i) by inserting before the text the following ing ‘‘section 4912’’. fiscal year 2004, $19,559,000 for the operation of new section heading: (11) LIMITATION ON USE OF FUNDS FOR DECOM- the Defense Nuclear Facilities Safety Board ‘‘SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.’’; MISSIONING F–CANYON FACILITY.—Subsection (b) under chapter 21 of the Atomic Energy Act of and of section 3137 of the Floyd D. Spence National 1954 (42 U.S.C. 2286 et seq.). (ii) by striking ‘‘(e) MULTI-YEAR PLAN FOR Defense Authorization Act for Fiscal Year 2001 TITLE XXXIII—NATIONAL DEFENSE CLEAN-UPATSAVANNAH RIVER SITE.—The Sec- (as enacted into law by Public Law 106–398; 114 STOCKPILE retary’’ and inserting ‘‘The Secretary of En- Stat. 1654A–460) is— SEC. 3301. AUTHORIZED USES OF NATIONAL DE- ergy’’. (A) transferred to title XLIX of division D of FENSE STOCKPILE FUNDS. (10) CONTINUATION OF PROCESSING, TREAT- the Bob Stump National Defense Authorization (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- MENT, AND DISPOSAL OF LEGACY NUCLEAR MATE- Act for Fiscal Year 2003, as amended by this ing fiscal year 2004, the National Defense Stock- RIALS.— subsection; pile Manager may obligate up to $69,701,000 of (A) FISCAL YEAR 2001.—Subsection (a) of sec- (B) inserted after section 4913D, as added by the funds in the National Defense Stockpile tion 3137 of the Floyd D. Spence National De- paragraph (10)(E); and Transaction Fund established under subsection fense Authorization Act for Fiscal Year 2001 (as (C) amended— (a) of section 9 of the Strategic and Critical Ma- enacted into law by Public Law 106–398; 114 Stat (i) by inserting before the text the following terials Stock Piling Act (50 U.S.C. 98h) for the 1654A–460) is— new section heading: (i) transferred to title XLIX of division D of authorized uses of such funds under subsection ‘‘SEC. 4914. LIMITATION ON USE OF FUNDS FOR the Bob Stump National Defense Authorization (b)(2) of such section, including the disposal of DECOMMISSIONING F–CANYON FA- hazardous materials that are environmentally Act for Fiscal Year 2003, as amended by this CILITY.’’; sensitive. subsection; (ii) by striking ‘‘(b) LIMITATION ON USE OF (ii) inserted after section 4912, as added by (b) ADDITIONAL OBLIGATIONS.—The National FUNDS FOR DECOMMISSIONING F–CANYON FACIL- paragraph (9); and Defense Stockpile Manager may obligate ITY.—’’; (iii) amended— (iii) by striking ‘‘this or any other Act’’ and amounts in excess of the amount specified in (I) by inserting before the text the following subsection (a) if the National Defense Stockpile new section heading: inserting ‘‘the Floyd D. Spence National De- fense Authorization Act for Fiscal Year 2001 (as Manager notifies Congress that extraordinary or ‘‘SEC. 4913. CONTINUATION OF PROCESSING, emergency conditions necessitate the additional TREATMENT, AND DISPOSAL OF LEG- enacted into law by Public Law 106–398) or any other Act’’; and obligations. The National Defense Stockpile ACY NUCLEAR MATERIALS.’’; and Manager may make the additional obligations (II) by striking ‘‘(a) CONTINUATION.—’’. (iv) by striking ‘‘the Secretary’’ in the matter described in the notification after the end of the (B) FISCAL YEAR 2000.—Section 3132 of the Na- preceding paragraph (1) and inserting ‘‘the Sec- tional Defense Authorization Act for Fiscal retary of Energy’’. 45-day period beginning on the date on which Congress receives the notification. Year 2000 (Public Law 106–65; 113 Stat. 924) is— (12) DISPOSITION OF PLUTONIUM.— IMITATIONS (i) transferred to title XLIX of division D of (A) DISPOSITION OF WEAPONS USABLE PLUTO- (c) L .—The authorities provided by the Bob Stump National Defense Authorization NIUM.—Section 3182 of the Bob Stump National this section shall be subject to such limitations Act for Fiscal Year 2003, as amended by this Defense Authorization Act for Fiscal Year 2003 as may be provided in appropriations Acts. subsection; (Public Law 107–314; 116 Stat. 2747) is— SEC. 3302. REVISIONS TO OBJECTIVES FOR RE- (ii) redesignated as section 4913A; and (i) transferred to title XLIX of division D of CEIPTS FOR FISCAL YEAR 2000 DIS- (iii) inserted after section 4913, as added by such Act, as amended by this subsection; POSALS. subparagraph (A). (ii) redesignated as section 4915; and (a) IN GENERAL.—Section 3402(b) of the Na- (C) FISCAL YEAR 1999.—Section 3135 of the (iii) inserted after section 4914, as added by tional Defense Authorization Act for Fiscal Strom Thurmond National Defense Authoriza- paragraph (11). Year 2000 (Public Law 106–65; 113 Stat. 972; 59 tion Act for Fiscal Year 1999 (Public Law 105– (B) DISPOSITION OF SURPLUS DEFENSE PLUTO- U.S.C. 98d note) is amended— 261; 112 Stat. 2248) is— NIUM.—Section 3155 of the National Defense Au- (1) by striking ‘‘and’’ at the end of paragraph (i) transferred to title XLIX of division D of thorization Act for Fiscal Year 2002 (Public Law (2); and the Bob Stump National Defense Authorization 107–107; 115 Stat. 1378) is— (2) by striking paragraph (3) and inserting the Act for Fiscal Year 2003, as amended by this (i) transferred to title XLIX of division D of following new paragraphs: subsection; ‘‘(3) $310,000,000 before the end of fiscal year (ii) redesignated as section 4913B; and the Bob Stump National Defense Authorization 2008; and (iii) inserted after section 4913A, as added by Act for Fiscal Year 2003, as amended by this subparagraph (B). subsection; ‘‘(4) $320,000,000 before the end of fiscal year (D) FISCAL YEAR 1998.—Subsection (b) of sec- (ii) redesignated as section 4915A; and 2009.’’. tion 3136 of the National Defense Authorization (iii) inserted after section 4915, as added by (b) EFFECTIVE DATE.—The amendments made Act for Fiscal Year 1998 (Public Law 105–85; 111 subparagraph (A). by subsection (a) shall take effect on October 1, Stat. 2038) is— (13) SUBTITLE HEADING ON OTHER FACILI- 2003, or the date of the enactment of this Act, (i) transferred to title XLIX of division D of TIES.—Title XLIX of division D of the Bob whichever is later. the Bob Stump National Defense Authorization Stump National Defense Authorization Act for TITLE XXXIV—NAVAL PETROLEUM Act for Fiscal Year 2003, as amended by this Fiscal Year 2003, as amended by this subsection, RESERVES subsection; is further amended by adding at the end the fol- SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. (ii) inserted after section 4913B, as added by lowing new subtitle heading: (a) AMOUNT.—There are hereby authorized to subparagraph (C); and ‘‘Subtitle C—Other Facilities’’. (iii) amended— be appropriated to the Secretary of Energy (I) by inserting before the text the following (14) PAYMENT OF COSTS OF OPERATION AND $16,500,000 for fiscal year 2004 for the purpose of new section heading: MAINTENANCE OF INFRASTRUCTURE AT NEVADA carrying out activities under chapter 641 of title ‘‘SEC. 4913C. CONTINUATION OF PROCESSING, TEST SITE.—Section 3144 of the National Defense 10, United States Code, relating to the naval pe- TREATMENT, AND DISPOSAL OF LEG- Authorization Act for Fiscal Year 1997 (Public troleum reserves. ACY NUCLEAR MATERIALS.’’; and Law 104–201; 110 Stat. 2838) is— (b) PERIOD OF AVAILABILITY.—Funds appro- (II) by striking ‘‘(b) REQUIREMENT FOR CON- (A) transferred to title XLIX of division D of priated pursuant to the authorization of appro- TINUING OPERATIONS AT SAVANNAH RIVER such Act, as amended by this subsection; priations in subsection (a) shall remain avail- SITE.—’’. (B) redesignated as section 4921; and able until expended.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00117 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.046 H21PT1 H4488 CONGRESSIONAL RECORD — HOUSE May 21, 2003 TITLE XXXV—MARITIME ADMINISTRATION useful, privately owned vessels to meet national another person that is not a citizen of the Subtitle A—General Provisions defense and other security requirements and United States under section 2 of the Shipping SEC. 3501. SHORT TITLE. maintain a United States presence in inter- Act, 1916 (46 App. U.S.C. 802), the other person This title may be cited as the ‘‘Maritime Secu- national commercial shipping. The Fleet shall enters into an agreement with the Secretary not rity Act of 2003’’. consist of privately owned, United States-docu- to influence the operation of the vessel in a SEC. 3502. DEFINITIONS. mented vessels for which there are in effect op- manner that will adversely affect the interests In this subtitle: erating agreements under this subtitle, and shall of the United States. (1) BULK CARGO.—The term ‘‘bulk cargo’’ be known as the Maritime Security Fleet. (3) VESSEL OWNED AND OPERATED BY DEFENSE means cargo that is loaded and carried in bulk (b) VESSEL ELIGIBILITY.—A vessel is eligible to CONTRACTOR.—A vessel meets the requirements without mark or count. be included in the Fleet if— of this paragraph if, during the period of an op- (2) CONTRACTOR.—The term ‘‘contractor’’ (1) the vessel meets the requirements of para- erating agreement under this subtitle that ap- means an owner or operator of a vessel that en- graph (1), (2), (3), or (4) of subsection (c); plies to the vessel, the vessel will be owned and ters into an operating agreement for the vessel (2) the vessel is operated (or in the case of a operated by one or more persons that— with the Secretary under section 3512. vessel to be constructed, will be operated) in (A) are eligible to document a vessel under (3) FLEET.—The term ‘‘Fleet’’ means the Mari- providing transportation in foreign commerce; chapter 121 of title 46, United States Code; time Security Fleet established under section (3) the vessel is self-propelled and is— (B) operates or manages other United States- (A) a roll-on/roll-off vessel with a carrying ca- 3511(a). documented vessels for the Secretary of Defense, (4) FOREIGN COMMERCE.—The term ‘‘foreign pacity of at least 80,000 square feet or 500 twen- or charters other vessels to the Secretary of De- commerce’’— ty-foot equivalent units and that is 15 years of fense; (A) subject to subparagraph (B), means com- age or less on the date the vessel is included in (C) has entered into a Special Security Agree- merce or trade between the United States, its the Fleet; ment for purposes of this paragraph with the (B) a tank vessel that is constructed in the territories or possessions, or the District of Co- Secretary of Defense; United States after the date of the enactment of lumbia, and a foreign country; and (D) makes the certification described in para- this subtitle; (B) includes, in the case of liquid and dry graph (2)(A)(ii)(III); and (C) a tank vessel that is 10 years of age or less bulk cargo carrying services, trading between (E) in the case of a vessel described in para- on the date the vessel is included in the Fleet; foreign ports in accordance with normal com- graph (2)(B), enters into an agreement referred mercial bulk shipping practices in such manner (D) a LASH vessel that is 25 years of age or less on the date the vessel is included in the to in that paragraph. as will permit United States-documented vessels (4) VESSEL OWNED BY DOCUMENTATION CITIZEN freely to compete with foreign-flag bulk carrying Fleet; or (E) any other type of vessel that is 15 years of AND CHARTERED TO SECTION 2 CITIZEN.—A vessel vessels in their operation or in competing for age or less on the date the vessel is included in meets the requirements of this paragraph if, charters, subject to rules and regulations pro- the Fleet; during the period of an operating agreement mulgated by the Secretary of Transportation except that the Secretary of Transportation under this subtitle that applies to the vessel, the pursuant to subtitle B or C. shall waive the application of an age restriction vessel will be— (5) FORMER PARTICIPATING FLEET VESSEL.— under this paragraph if the waiver is requested (A) owned by a person that is eligible to docu- The term ‘‘former participating fleet vessel’’ ment a vessel under chapter 121 of title 46, means— by the Secretary of Defense; (4) the vessel is determined by the Secretary of United States Code; and (A) any vessel that— (B) demise chartered to a person that is a cit- (i) on October 1, 2005— Defense to be suitable for use by the United (I) will meet the requirements of paragraph States for national defense or military purposes izen of the United States under section 2 of the (1), (2), (3), or (4) of section 3511(c); and in time of war or national emergency; and Shipping Act, 1916 (46 App. U.S.C. 802). (II) will be less than 25 years of age, or less (5) the vessel— (d) REQUEST BY SECRETARY OF DEFENSE.—The than 30 years of age in the case of a LASH ves- (A) is a United States-documented vessel; or Secretary of Defense shall request the Secretary sel; and (B) is not a United States-documented vessel, of Homeland Security to issue any waiver under (ii) on December 31, 2003, is covered by an op- but— the first section of Public Law 81–891 (64 Stat. erating agreement under subtitle B of title VI of (i) the owner of the vessel has demonstrated 1120; 46 App. U.S.C. note prec. 3) that is nec- the Merchant Marine Act, 1936 (46 App. U.S.C. an intent to have the vessel documented under essary for purposes of this subtitle. 1187 et seq.); and chapter 121 of title 46, United States Code, if it SEC. 3512. AWARD OF OPERATING AGREEMENTS. (B) any vessel that— is included in the Fleet; and (a) IN GENERAL.—The Secretary shall require, (i) is a replacement for a vessel described in (ii) at the time an operating agreement for the as a condition of including any vessel in the subparagraph (A); vessel is entered into under this subtitle, the ves- Fleet, that the person that is the owner or (ii) is controlled by the person that controls sel is eligible for documentation under chapter charterer of the vessel for purposes of section such replaced vessel; 121 of title 46, United States Code. 3511(c) enter into an operating agreement with (iii) is eligible to be included in the Fleet EQUIREMENTS REGARDING CITIZENSHIP OF (c) R the Secretary under this section. under section 3511(b); OWNERS AND CHARTERERS.— (b) PROCEDURE FOR APPLICATIONS.— (iv) is approved by the Secretary and the Sec- (1) VESSEL OWNED AND OPERATED BY SECTION (1) ACCEPTANCE OF APPLICATIONS.—Beginning retary of Defense; and 2 CITIZENS.—A vessel meets the requirements of no later than 30 days after the effective date of (v) begins operation under an operating agree- this paragraph if, during the period of an oper- this subtitle, the Secretary shall accept applica- ment under subtitle B by not later than the end ating agreement under this subtitle that applies tions for enrollment of vessels in the Fleet. of the 30-month period beginning on the date to the vessel, the vessel will be owned and oper- (2) ACTION ON APPLICATIONS.—Within 90 days the operating agreement is entered into by the ated by persons one or more persons that are after receipt of an application for enrollment of Secretary. citizens of the United States under section 2 of a vessel in the Fleet, the Secretary shall enter (6) LASH VESSEL.—The term ‘‘LASH vessel’’ the Shipping Act, 1916 (46 App. U.S.C. 802). into an operating agreement with the applicant means a lighter aboard ship vessel. (2) VESSEL OWNED BY SECTION 2 CITIZEN AND or provide in writing the reason for denial of (7) PERSON.—The term ‘‘person’’ includes cor- CHARTERED TO DOCUMENTATION CITIZEN.—A ves- porations, partnerships, and associations exist- sel meets the requirements of this paragraph if— that application. ing under or authorized by the laws of the (A) during the period of an operating agree- (c) PRIORITY FOR AWARDING AGREEMENTS.— United States, or any State, Territory, District, ment under this subtitle that applies to the ves- (1) IN GENERAL.—Subject to the availability of or possession thereof, or of any foreign country. sel, the vessel will be— appropriations, the Secretary shall enter into (8) PRODUCT TANK VESSEL.—The term ‘‘prod- (i) owned by a person that is a citizen of the operating agreements according to the following uct tank vessel’’ means a double hulled tank United States under section 2 of the Shipping priority: vessel capable of carrying simultaneously more Act, 1916 (46 App. U.S.C. 802); and (A) NEW TANK VESSELS.—First, for any tank than 2 separated grades of refined petroleum (ii) demise chartered to a person— vessel that— products. (I) that is eligible to document the vessel (i) is constructed in the United States after (9) SECRETARY.—The term ‘‘Secretary’’ means under chapter 121 of title 46, United States the effective date of this subtitle; the Secretary of Transportation. Code; (ii) is eligible to be included in the Fleet under (10) UNITED STATES.—The term ‘‘United (II) the chairman of the board of directors, section 3511(b); and States’’ includes the District of Columbia, the chief executive officer, and a majority of the (iii) during the period of an operating agree- Commonwealth of Puerto Rico, the Northern members of the board of directors of which are ment under this subtitle that applies to the ves- Mariana Islands, Guam, American Samoa, the citizens of the United States under section 2 of sel, will be owned and operated by one or more Virgin Islands. the Shipping Act, 1916 (46 App. U.S.C. 802), and persons that are citizens of the United States (11) UNITED STATES-DOCUMENTED VESSEL.— are appointed and subjected to removal only under section 2 of the Shipping Act, 1916 (46 The term ‘‘United States-documented vessel’’ upon approval by the Secretary; and App. U.S.C. 802), means a vessel documented under chapter 121 of (III) that certifies that there are no treaties, except that the Secretary shall not enter into title 46, United States Code. statutes, regulations, or other laws that would operating agreements under this subparagraph Subtitle B—Maritime Security Fleet prohibit the contractor for the vessel from per- for more than 5 such vessels. SEC. 3511. ESTABLISHMENT OF MARITIME SECU- forming its obligations under an operating (B) FORMER PARTICIPATING VESSELS.—Second, RITY FLEET. agreement under this subtitle; and to the extent amounts are available after apply- (a) IN GENERAL.—The Secretary of Transpor- (B) in the case of a vessel that will be char- ing subparagraphs (A), for any former partici- tation shall establish a fleet of active, militarily tered to a person that is owned or controlled by pating fleet vessel, except that the Secretary

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shall not enter into operating agreements under (b) VESSELS UNDER CHARTER TO U.S.—Unless cluding an agreement terminated under section this subparagraph for more than 47 vessels. an earlier date is requested by the applicant, the 3513(c)(2)) shall remain documented under chap- (C) CERTAIN VESSELS OPERATED BY SECTION 2 effective date for an operating agreement with ter 121 of title 46, United States Code, until the CITIZENS.—Third, to the extent amounts are respect to a vessel that is, on the date of entry date the operating agreement would terminate available after applying subparagraphs (A) and into an operating agreement, on charter to the according to its terms. (B), for any other vessel that is eligible to be in- United States Government, other than a charter (d) NATIONAL SECURITY REQUIREMENTS.— cluded in the Fleet under section 3511(b), and pursuant to an Emergency Preparedness Agree- (1) IN GENERAL.—A contractor with respect to that, during the period of an operating agree- ment under section 3516, shall be the expiration an operating agreement (including an agree- ment under this subtitle that applies to the ves- or termination date of the Government charter ment terminated under section 3513(c)(2)) shall sel, will be— covering the vessel, or any earlier date the ves- continue to be bound by the provisions of sec- (i) owned and operated by one or more per- sel is withdrawn from that charter. tion 3516 until the date the operating agreement sons that are citizens of the United States under (c) TERMINATION.— would terminate according to its terms. section 2 of the Shipping Act, 1916 (46 App. (1) IN GENERAL.—If the contractor with re- (2) EMERGENCY PREPAREDNESS AGREEMENT.— U.S.C. 802); or spect to an operating agreement fails to comply All terms and conditions of an Emergency Pre- (ii) owned by a person that is eligible to docu- with the terms of the agreement— paredness Agreement entered into under section ment the vessel under chapter 121 of title 46, (A) the Secretary shall terminate the oper- 3516 shall remain in effect until the date the op- United States Code, and operated by a person ating agreement; and erating agreement would terminate according to that is a citizen of the United States under sec- (B) any budget authority obligated by the its terms, except that the terms of such Emer- tion 2 of the Shipping Act, 1916 (46 App. U.S.C. agreement shall be available to the Secretary to gency Preparedness Agreement may be modified 802). carry out this subtitle. by the mutual consent of the contractor and the (2) EARLY TERMINATION.—An operating agree- (D) OTHER ELIGIBLE VESSELS.—Fourth, to the Secretary of Transportation and the Secretary ment under this subtitle shall terminate on a extent amounts are available after applying sub- of Defense. paragraphs (A), (B), and (C), for any other ves- date specified by the contractor if the contractor (e) TRANSFER OF OPERATING AGREEMENTS.—A notifies the Secretary, by not later than 60 days sel that is eligible to be included in the Fleet contractor under an operating agreement may before the effective date of the termination, that under section 3511(b). transfer the agreement (including all rights and (2) REDUCTION IN NUMBER OF SLOTS FOR the contractor intends to terminate the agree- obligations under the agreement) to any person FORMER PARTICIPATING FLEET VESSELS.—The ment. that is eligible to enter into that operating number in paragraph (1)(B) shall be reduced by (d) NONRENEWAL FOR LACK OF FUNDS.— agreement under this subtitle, if the transfer is 1— (1) NOTIFICATION OF CONGRESS.—If, by the (A) for each former participating fleet vessel first day of a fiscal year, sufficient funds have approved by the Secretary and the Secretary of for which an application for enrollment in the not been appropriated under the authority pro- Defense. Fleet is not received by the Secretary within the vided by this subtitle for that fiscal year, then SEC. 3515. PAYMENTS. 90-day period beginning on the effective date of the Secretary shall notify the Congress that op- (a) ANNUAL PAYMENT.— this subtitle; and erating agreements authorized under this sub- (1) IN GENERAL.—The Secretary, subject to the (B) for each former participating fleet vessel title for which sufficient funds are not available availability of appropriations and the other pro- for which an application for enrollment in the will not be renewed for that fiscal year if suffi- visions of this section, shall pay to the con- Fleet received by the Secretary is not approved cient funds are not appropriated by the 60th tractor for an operating agreement, for each ves- by the Secretary of Defense within the 90-day day of that fiscal year. sel that is covered by the operating agreement, period beginning on the date of such receipt. (2) RELEASE OF VESSELS FROM OBLIGATIONS.— an amount equal to— (3) DISCRETION WITHIN PRIORITY.—The Sec- If funds are not appropriated under the author- (A) $2,600,000 for each of fiscal years 2006 and retary— ity provided by this subtitle for any fiscal year 2007, and (A) subject to subparagraph (B), may award by the 60th day of that fiscal year, then each (B) such amount, not less than $2,600,000, for operating agreements within each priority under vessel covered by an operating agreement under each fiscal year thereafter for which the agree- paragraph (1) as the Secretary considers appro- this subtitle for which funds are not available— ment is in effect as the Secretary, with the con- priate; and (A) is thereby released from any further obli- currence of the Secretary of Defense, considers (B) shall award operating agreement within a gation under the operating agreement; to be necessary to meet the operational require- priority— (B) the owner or operator of the vessel may ments of the Secretary of Defense. (i) in accordance with operational require- transfer and register such vessel under a foreign (2) TIMING.—The amount shall be paid in ments specified by the Secretary of Defense; and registry that is acceptable to the Secretary of equal monthly installments at the end of each (ii) subject to the approval of the Secretary of Transportation and the Secretary of Defense, month. The amount shall not be reduced except Defense. notwithstanding section 9 of the Shipping Act, as provided by this section. (4) TREATMENT OF TANK VESSEL TO BE RE- 1916 (46 App. U.S.C. 808); and (b) CERTIFICATION REQUIRED FOR PAYMENT.— PLACED.—(A) For purposes of the application of (C) if section 902 of the Merchant Marine Act, As a condition of receiving payment under this paragraph (1)(A) with respect to the award of 1936 (46 App. U.S.C. 1242) is applicable to such section for a fiscal year for a vessel, the con- an operating agreement, the Secretary may treat vessel after registration of the vessel under such tractor for the vessel shall certify, in accordance an existing tank vessel that is eligible to be in- a registry, then the vessel is available to be req- with regulations issued by the Secretary, that cluded in the Fleet under section 3511(b) as a uisitioned by the Secretary of Transportation the vessel has been and will be operated in ac- vessel that is constructed in the United States pursuant to section 902 of such Act. cordance with section 3514(a)(1) for at least 320 after the effective date of this subtitle, if— SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OP- days in the fiscal year. Days during which the (i) a binding contract for construction in the ERATING AGREEMENTS. vessel is drydocked, surveyed, inspected, or re- United States of a replacement vessel to be oper- (a) OPERATION OF VESSEL.—An operating paired shall be considered days of operation for ated under the operating agreement is executed agreement under this subtitle shall require that, purposes of this subsection. by not later than 9 months after the first date during the period a vessel is operating under the (c) LIMITATIONS.—The Secretary of Transpor- amounts are available to carry out this subtitle; agreement— tation shall not make any payment under this and (1) the vessel— subtitle for a vessel with respect to any days for (ii) the replacement vessel is eligible to be in- (A) shall be operated exclusively in the foreign which the vessel is— cluded in the Fleet under section 3511(b). commerce or in mixed foreign commerce and do- (1) under a charter to the United States Gov- (B) No payment under this subtitle may be mestic trade allowed under a registry endorse- ernment, other than a charter pursuant to an made for an existing tank vessel for which an ment issued under section 12105 of title 46, Emergency Preparedness Agreement under sec- operating agreement is awarded under this United States Code; and tion 3516; paragraph after the earlier of— (B) shall not otherwise be operated in the (2) not operated or maintained in accordance (i) 4 years after the first date amounts are coastwise trade; and available to carry out this subtitle; or (2) the vessel shall be documented under chap- with an operating agreement under this subtitle; (ii) the date of delivery of the replacement ter 121 of title 46, United States Code. or tank vessel. (b) ANNUAL PAYMENTS BY SECRETARY.— (3) more than— (d) LIMITATION.—The Secretary may not (1) IN GENERAL.—An operating agreement (A) 25 years of age, except as provided in sub- award operating agreements under this subtitle under this subtitle shall require, subject to the paragraph (B) or (C); that require payments under section 3515 for a availability of appropriations, that the Sec- (B) 20 years of age, in the case of a tank ves- fiscal year for more than 60 vessels. retary make a payment each fiscal year to the sel; or SEC. 3513. EFFECTIVENESS OF OPERATING contractor in accordance with section 3515. (C) 30 years of age, in the case of a LASH ves- AGREEMENTS. (2) OPERATING AGREEMENT IS OBLIGATION OF sel. (a) EFFECTIVENESS, GENERALLY.—The Sec- UNITED STATES GOVERNMENT.—An operating (d) REDUCTIONS IN PAYMENTS.—With respect retary may enter into an operating agreement agreement under this subtitle constitutes a con- to payments under this subtitle for a vessel cov- under this subtitle for fiscal year 2006. Except as tractual obligation of the United States Govern- ered by an operating agreement, the Secretary— provided in subsection (b), the agreement shall ment to pay the amounts provided for in the (1) except as provided in paragraph (2), shall be effective only for 1 fiscal year, but shall be agreement to the extent of actual appropria- not reduce any payment for the operation of the renewable, subject to the availability of appro- tions. vessel to carry military or other preference car- priations, for each subsequent fiscal year (c) DOCUMENTATION REQUIREMENT.—Each goes under section 2631 of title 10, United States through the end of fiscal year 2015. vessel covered by an operating agreement (in- Code, the Act of March 26, 1934 (46 App. U.S.C.

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1241–1), section 901(a), 901(b), or 901b of the (2) SPECIFIC REQUIREMENTS.—Compensation that, upon commencement of such operation, Merchant Marine Act, 1936 (46 App. U.S.C. under this subsection— will be eligible to be included in the Fleet under 1241(a), 1241(b), or 1241f), or any other cargo (A) shall not be less than the contractor’s section 3511(b). preference law of the United States; commercial market charges for like transpor- SEC. 3519. AUTHORIZATION OF APPROPRIATIONS. (2) shall not make any payment for any day tation resources; There are authorized to be appropriated for that the vessel is engaged in transporting more (B) shall be fair and reasonable considering payments under section 3515, to remain avail- than 7,500 tons of civilian bulk preference car- all circumstances; able until expended, $156,000,000 for each of fis- goes pursuant to section 901(a), 901(b), or 901b (C) shall be provided from the time that a ves- cal years 2006 and 2007, and such sums as may of the Merchant Marine Act, 1936 (46 App. sel or resource is required by the Secretary of be necessary for each fiscal year thereafter U.S.C. 1241(a), 1241(b), or 1241f), that is cargo; Defense until the time that it is redelivered to through fiscal year 2015. and the contractor and is available to reenter com- SEC. 3520. AMENDMENT TO SHIPPING ACT, 1916. (3) shall make a pro rata reduction in pay- mercial service; and Section 9 of the Shipping Act, 1916 (46 App. ment for each day less than 320 in a fiscal year (D) shall be in addition to and shall not in U.S.C. 808) is amended by adding at the end the that the vessel is not operated in accordance any way reflect amounts payable under section following: with section 3514(a)(1), with days during which 3515. ‘‘(e) Notwithstanding subsection (c)(2), the the vessel is drydocked or undergoing survey, (f) TEMPORARY REPLACEMENT VESSELS.—Not- Merchant Marine Act, 1936, or any contract en- inspection, or repair considered to be days on withstanding section 2631 of title 10, United tered into with the Secretary of Transportation which the vessel is operated. States Code, the Act of March 26, 1934 (46 App. under that Act, a vessel may be placed under a SEC. 3516. NATIONAL SECURITY REQUIREMENTS. U.S.C. 1241–1), section 901(a), 901(b), or 901b of foreign registry, without approval of the Sec- (a) EMERGENCY PREPAREDNESS AGREEMENT the Merchant Marine Act, 1936 (46 App. U.S.C. retary, if— REQUIRED.—The Secretary shall establish an 1241(a), 1241(b), or 1241f), or any other cargo ‘‘(1)(A) the Secretary, with the concurrence of Emergency Preparedness Program under this preference law of the United States— the Secretary of Defense, determines that at section that is approved by the Secretary of De- (1) a contractor may operate or employ in for- least one replacement vessel of like capability fense. Under the program, the Secretary shall eign commerce a foreign-flag vessel or foreign- and of a capacity that is equivalent or greater, include in each operating agreement under this flag vessel capacity as a temporary replacement as measured by deadweight tons, gross tons, or subtitle a requirement that the contractor enter for a United States-documented vessel or United container equivalent units, as appropriate, is into an Emergency Preparedness Agreement States-documented vessel capacity that is acti- documented under chapter 121 of title 46, United under this section with the Secretary. The Sec- vated by the Secretary of Defense under an States Code, by the owner of the vessel placed retary shall negotiate and enter into an Emer- Emergency Preparedness Agreement or under a under the foreign registry; and gency Preparedness Agreement with each con- primary Department of Defense-approved sealift ‘‘(B) the replacement vessel is not more than tractor as promptly as practicable after the con- readiness program; and 10 years of age on the date of that documenta- tractor has entered into an operating agreement (2) such replacement vessel or vessel capacity tion; and under this subtitle. shall be eligible during the replacement period ‘‘(2) an operating agreement covering the ves- (b) TERMS OF AGREEMENT.— to transport preference cargoes subject to section sel under the Maritime Security Act of 2003 has (1) IN GENERAL.—An Emergency Preparedness 2631 of title 10, United States Code, the Act of expired.’’. Agreement under this section shall require that March 26, 1934 (46 App. U.S.C. 1241–1), and sec- SEC. 3521. REGULATIONS. upon a request by the Secretary of Defense dur- tions 901(a), 901(b), and 901b of the Merchant (a) IN GENERAL.—The Secretary of Transpor- ing time of war or national emergency, or when- Marine Act, 1936 (46 App. U.S.C. 1241(a), tation and the Secretary of Defense may each ever determined by the Secretary of Defense to 1241(b), and 1241b) to the same extent as the eli- prescribe rules as necessary to carry out this be necessary for national security or contin- gibility of the vessel or vessel capacity replaced. subtitle and the amendments made by this sub- gency operation (as that term is defined in sec- (g) REDELIVERY AND LIABILITY OF U.S. FOR title. tion 101 of title 10, United States Code), a con- DAMAGES.— (b) INTERIM RULES.—The Secretary of Trans- tractor for a vessel covered by an operating (1) IN GENERAL.—All commercial transpor- portation and the Secretary of Defense may agreement under this subtitle shall make avail- tation resources activated under an Emergency each prescribe interim rules necessary to carry able commercial transportation resources (in- Preparedness Agreement shall, upon termi- out this subtitle and the amendments made by cluding services). nation of the period of activation, be redelivered this subtitle. For this purpose, the Secretaries (2) BASIC TERMS.—(A) The basic terms of the to the contractor in the same good order and are excepted from compliance with the notice Emergency Preparedness Agreement shall be es- condition as when received, less ordinary wear and comment requirements of section 553 of title tablished (subject to subparagraph (B)) pursu- and tear, or the Secretary of Defense shall fully 5, United States Code. All interim rules pre- ant to consultations among the Secretary and compensate the contractor for any necessary re- scribed under the authority of this subsection the Secretary of Defense. pair or replacement. that are not earlier superseded by final rules (B) In any Emergency Preparedness Agree- (2) LIMITATION ON LIABILITY OF U.S.—Except shall expire no later than 270 days after the ef- ment, the Secretary and a contractor may agree as may be expressly agreed to in an Emergency fective date of this subtitle. to additional or modifying terms appropriate to Preparedness Agreement, or as otherwise pro- the contractor’s circumstances if those terms SEC. 3522. REPEALS AND CONFORMING AMEND- vided by law, the Government shall not be liable MENTS. have been approved by the Secretary of Defense. for disruption of a contractor’s commercial busi- (a) REPEALS.—The following provisions are re- (c) PARTICIPATION AFTER EXPIRATION OF OP- ness or other consequential damages to a con- pealed: ERATING AGREEMENT.—Except as provided by tractor arising from activation of commercial (1) Subtitle B of title VI of the Merchant Ma- section 3514(c), the Secretary may not require, transportation resources under an Emergency rine Act, 1936 (46 App. U.S.C. 1187 et seq.). through an Emergency Preparedness Agreement Preparedness Agreement. (2) Section 804 of the Merchant Marine Act, or operating agreement, that a contractor con- 1936 (46 App. U.S.C. 1222). tinue to participate in an Emergency Prepared- SEC. 3517. REGULATORY RELIEF. (b) CONFORMING AMENDMENT.—Section ness Agreement after the operating agreement (a) OPERATION IN FOREIGN COMMERCE.—A contractor for a vessel included in an operating 12102(d)(4) of title 46, United States Code, is with the contractor has expired according to its amended by inserting ‘‘or section 3511(b) of the terms or is otherwise no longer in effect. After agreement under this subtitle may operate the vessel in the foreign commerce of the United Maritime Security Act of 2003’’ after ‘‘Merchant expiration of an Emergency Preparedness Agree- Marine Act, 1936’’. ment, a contractor may volunteer to continue to States without restriction. participate in such an agreement. (b) OTHER RESTRICTIONS.—The restrictions of SEC. 3523. EFFECTIVE DATES. (d) RESOURCES MADE AVAILABLE.—The com- section 901(b)(1) of the Merchant Marine Act, (a) IN GENERAL.—Except as provided in sub- mercial transportation resources to be made 1936 (46 App. U.S.C. 1241(b)(1)) concerning the sections (b) and (c), this subtitle shall take ef- available under an Emergency Preparedness building, rebuilding, or documentation of a ves- fect October 1, 2004. Agreement shall include vessels or capacity in sel in a foreign country shall not apply to a ves- (b) REPEALS AND CONFORMING AMEND- vessels, intermodal systems and equipment, ter- sel for any day the operator of that vessel is re- MENTS.—Section 3522 shall take effect October 1, minal facilities, intermodal and management ceiving payments for operation of that vessel 2005. (c) REGULATIONS.—Section 3521 and this sec- services, and other related services, or any under an operating agreement under this sub- tion shall take effect on the date of the enact- agreed portion of such nonvessel resources for title. ment of this Act. activation as the Secretary of Defense may de- SEC. 3518. SPECIAL RULE REGARDING AGE OF termine to be necessary, seeking to minimize dis- FORMER PARTICIPATING FLEET VES- Subtitle C—National Defense Tank Vessel ruption of the contractor’s service to commercial SEL. Construction Assistance shippers. Sections 3511(b)(3) and 3515(c)(3) shall not SEC. 3531. NATIONAL DEFENSE TANK VESSEL (e) COMPENSATION.— apply to a former participating fleet vessel de- CONSTRUCTION PROGRAM. (1) IN GENERAL.—The Secretary shall include scribed in section 3502(5)(A), during the 30- The Secretary of Transportation shall estab- in each Emergency Preparedness Agreement month period referred to in section 3502(5)(B)(v) lish a program for the provision of financial as- provisions approved by the Secretary of Defense with respect to the vessel, if the Secretary deter- sistance for the construction in the United under which the Secretary of Defense shall pay mines that the contractor for the vessel has en- States of a fleet of up to 5 privately owned prod- fair and reasonable compensation for all com- tered into an arrangement to obtain and operate uct tank vessels— mercial transportation resources provided pur- under the operating agreement for the former (1) to be operated in commercial service in for- suant to this section. participating fleet vessel a replacement vessel eign commerce; and

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00120 Fmt 7634 Sfmt 6333 E:\CR\FM\A21MY7.047 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4491 (2) to be available for national defense pur- struction of a vessel with assistance under this SEC. 3542. AUTHORITY TO CONVEY VESSEL USS poses in time of war or national emergency pur- subtitle shall be performed in a shipyard in the HOIST (ARS–40). suant to an Emergency Preparedness Plan ap- United States. (a) IN GENERAL.—Notwithstanding any other proved by the Secretary of Defense pursuant to (d) DOCUMENTATION OF VESSEL.— law, the Secretary of Transportation may con- section 3533(e) of this subtitle. (1) CONTRACT REQUIREMENT.—A contract vey the right, title, and interest of the United SEC. 3532. APPLICATION PROCEDURE. – under this section shall require that, upon deliv- States Government in and to the vessel USS (a) REQUEST FOR PROPOSALS.—Within 90 days ery of a vessel constructed with assistance HOIST (ARS–40), to the Last Patrol Museum, after the date of the enactment of this subtitle, under the contract, the vessel shall be docu- located in Toledo, Ohio (a not-for-profit cor- and on an as-needed basis thereafter, the Sec- mented under chapter 121 of title 46, United poration, in this section referred to as the ‘‘re- retary, in consultation with the Secretary of De- States Code with a registry endorsement only. cipient’’), for use as a military museum, if— fense, shall publish in the Federal Register a re- (2) RESTRICTION ON COASTWISE ENDORSE- (1) the recipient agrees to use the vessel as a quest for competitive proposals for the construc- MENT.—A vessel constructed with assistance nonprofit military museum; tion of new product tank vessels necessary to under this subtitle shall not be eligible for a cer- (2) the vessel is not used for commercial trans- meet the commercial and national security needs tificate of documentation with a coastwise en- portation purposes; of the United States and to be built with assist- dorsement. (3) the recipient agrees to make the vessel ance under this subtitle. (3) AUTHORITY TO REFLAG NOT APPLICABLE.— available to the Government when the Secretary (b) QUALIFICATION.—Any citizen of the United Section 9(e) of the Shipping Act, 1916, (46 App. requires use of the vessel by the Government; States or any shipyard in the United States may U.S.C. 808(e)) shall not apply to a vessel con- (4) the recipient agrees that when the recipi- submit a proposal to the Secretary of Transpor- structed with assistance under this subtitle. ent no longer requires the vessel for use as a tation for purposes of constructing a product (e) EMERGENCY PREPAREDNESS AGREEMENT.— military museum— (A) the recipient will, at the discretion of the tank vessel with assistance under this subtitle. (1) IN GENERAL.—A contract under this section (c) REQUIREMENT.—The Secretary, with the shall require that the person who will be the op- Secretary, reconvey the vessel to the Govern- concurrence of the Secretary of Defense, may erator of a vessel constructed with assistance ment in good condition except for ordinary wear enter into an agreement with the submitter of a under the contract shall enter into an Emer- and tear; or proposal for assistance under this subtitle if the gency Preparedness Agreement for the vessel (B) if the Board of Trustees of the recipient Secretary determines that— under section 3516. has decided to dissolve the recipient according to the laws of the State of New York, then— (1) the plans and specifications call for con- (2) TREATMENT AS CONTRACTOR.—For purposes struction of a new product tank vessel of not of the application, under paragraph (1), of sec- (i) the recipient shall distribute the vessel, as less than 35,000 deadweight tons and not greater tion 3516 to a vessel constructed with assistance an asset of the recipient, to a person that has than 60,000 deadweight tons, that— under this subtitle, the term ‘‘contractor’’ as been determined exempt from taxation under the (A) will meet the requirements of foreign com- used in section 3516 means the person who will provisions of section 501(c)(3) of the Internal merce; be the operator of a vessel constructed with as- Revenue Code, or to the Federal Government or (B) is capable of carrying militarily useful pe- sistance under this subtitle. a State or local government for a public pur- troleum products, and will be suitable for na- pose; and (f) ADDITIONAL TERMS.—The Secretary shall (ii) the vessel shall be disposed of by a court tional defense or military purposes in time of incorporate in the contract the requirements set of competent jurisdiction of the county in which war, national emergency, or other military con- forth in this subtitle, and may incorporate in the principal office of the recipient is located, tingency; and the contract any additional terms the Secretary for such purposes as the court shall determine, (C) will meet the construction standards nec- considers necessary. essary to be documented under the laws of the or to such organizations as the court shall de- United States; SEC. 3534. PRIORITY FOR TITLE XI ASSISTANCE. termine are organized exclusively for public pur- (2) the shipyard in which the vessel will be Section 1103 of the Merchant Marine Act, 1936 poses; constructed has the necessary capacity and ex- (46 App. U.S.C. 1273) is amended by adding at (5) the recipient agrees to hold the Govern- pertise to successfully construct the proposed the end the following: ment harmless for any claims arising from expo- number and type of product tank vessels in a ‘‘(i) PRIORITY.—In guaranteeing and entering sure to asbestos, polychlorinated biphenyls, or reasonable period of time as determined by the commitments to guarantee under this section, lead paint after conveyance of the vessel, except Secretary of Transportation, taking into consid- the Secretary shall give priority to guarantees for claims arising from use by the Government eration the recent prior commercial shipbuilding and commitments for vessels that are otherwise under paragraph (3) or (4); and history of the proposed shipyard in delivering a eligible for a guarantee under this section and (6) the recipient has available, for use to re- vessel or series of vessels on time and in accord- that are constructed with assistance under sub- store the vessel, in the form of cash, liquid as- ance with the contract price and specifications; title C of the Maritime Security Act of 2003.’’. sets, or a written loan commitment, financial re- and SEC. 3535. AUTHORIZATION OF APPROPRIATIONS. sources of at least $100,000. (3) the person proposed to be the operator of There are authorized to be appropriated to the (b) DELIVERY OF VESSEL.—If a conveyance is the proposed vessel possesses the ability, experi- Secretary to carry out this subtitle a total of made under this section, the Secretary shall de- ence, financial resources, and any other quali- $250,000,000 for fiscal years after fiscal year liver the vessel at the place where the vessel is fications determined to be necessary by the Sec- 2004. located on the date of enactment of this Act, in retary for the operation and maintenance of the its present condition, and without cost to the vessel. Subtitle D—Maritime Administration Government. (d) PRIORITY.—The Secretary— Authorization (c) OTHER UNNEEDED EQUIPMENT.—The Sec- (1) subject to paragraph (2), shall give priority SEC. 3541. AUTHORIZATION OF APPROPRIATIONS retary may also convey any unneeded equip- consideration to a proposal submitted by a per- FOR MARITIME ADMINISTRATION ment from other vessels in the National Defense son that is a citizen of the United States under FOR FISCAL YEAR 2004. Reserve Fleet in order to restore the USS HOIST section 2 of the Shipping Act, 1916 (46 App. Funds are hereby authorized to be appro- (ARS–40) to museum quality. U.S.C. 802); and priated for fiscal year 2004, to be available with- (d) RETENTION OF VESSEL IN NDRF.— (2) may give priority to consideration of pro- out fiscal year limitation if so provided in ap- (1) IN GENERAL.—The Secretary shall retain in posals that provide the best value to the Govern- propriations Acts, for the use of the Department the National Defense Reserve Fleet the vessel ment, taking into consideration— of Transportation for the Maritime Administra- authorized to be conveyed under subsection (a), (A) the costs of vessel construction; and tion as follows: until the earlier of— (B) the commercial and national security (1) For expenses necessary for operations and (A) 2 years after the date of the enactment of needs of the United States. training activities, $104,400,000, of which this Act; or SEC. 3533. AWARD OF ASSISTANCE. $13,000,000 is for capital improvements at the (B) the date of conveyance of the vessel under (a) IN GENERAL.—If after review of a proposal, United States Merchant Marine Academy. subsection (a). the Secretary determines that the proposal ful- (2) For expenses under the loan guarantee (2) LIMITATION.—Paragraph (1) does not re- fills the requirements under this subtitle, the program authorized by title XI of the Merchant quire the Secretary to retain the vessel in the Secretary may enter into a contract with the Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), National Defense Reserve Fleet if the Secretary proposed purchaser and the proposed shipyard $39,498,000, of which— determines that retention of the vessel in the for the construction of a product tank vessel (A) $35,000,000 is for the cost (as defined in fleet will pose an unacceptable risk to the ma- with assistance under this subtitle. section 502(5) of the Federal Credit Reform Act rine environment. (b) AMOUNT OF ASSISTANCE.—The contract of 1990 (2 U.S.C. 661a(5))) of loan guarantees Amend the title so as to read: ‘‘A bill to shall provide that the Secretary shall pay, sub- under the program; and authorize appropriations for fiscal year 2004 ject to the availability of appropriations, up to (B) $4,498,000 is for administrative expenses for military activities of the Department of 75 percent of the actual construction cost of the related to loan guarantee commitments under Defense, for military construction, and for vessel, but in no case more than $50,000,000 per the program. defense activities of the Department of En- vessel. (3) For expenses to dispose of obsolete vessels ergy, to prescribe personnel strengths for (c) CONSTRUCTION IN UNITED STATES.—A con- in the National Defense Reserve Fleet, such fiscal year for the Armed Forces, and tract under this section shall require that con- $20,000,000. for other purposes.’’.

VerDate Jan 31 2003 03:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.047 H21PT1 H4492 CONGRESSIONAL RECORD — HOUSE May 21, 2003 The CHAIRMAN pro tempore. No In section 1014(b)(1) (page 257, line 2), strike Mr. RAHALL. Who controls the time amendment to the committee amend- ‘‘this title’’ and insert ‘‘title XXXV’’. in opposition? ment in the nature of a substitute is in Page 262, line 20, insert a one-em dash after The CHAIRMAN pro tempore. A the period. order except those printed in House Re- Page 264, line 11, strike ‘‘2216(a)’’ and insert Member in opposition to the amend- port 108–120 or those made in order by ‘‘2216(i)’’. ment. a subsequent order of the House. Page 264, line 15, insert ‘‘(1)’’ before ‘‘Not Does the gentleman claim that time? Each amendment printed in the re- later than’’. Mr. RAHALL. I so claim that time, port shall be offered only in the order Page 271, line 11, strike ‘‘striking ‘by’’. Mr. Chairman. printed, except as specified in section 2 Page 275, line 19, strike ‘‘2868’’ and insert The CHAIRMAN pro tempore. The of the resolution, may be offered only ‘‘2868(a)’’. gentleman from West Virginia (Mr. RA- In section 1031(d), strike paragraph (2) by a Member designated in the report, (page 290, lines 13-15) and insert the fol- HALL) will be recognized in opposition. shall be considered read, debatable for lowing: The Chair recognizes the gentleman the time specified, equally divided and (2) Nothing in this section shall be con- from California (Mr. HUNTER). controlled by the proponent and an op- strued to authorize the Secretary to acquire, Mr. HUNTER. Mr. Chairman, I yield ponent, shall not be subject to amend- lease, construct, improve, renovate, remodel, myself such time as I may consume. ment, except that the chairman and repair, operate, or maintain facilities having This amendment makes a number of ranking minority member each may general utility. technical corrections that were pro- Page 299, line 6, strike ‘‘after section 425’’ vided by the Office of Legislative Coun- offer one pro forma amendment for the and insert ‘‘at the end of subchapter I (after purpose of further debate on any pend- the section added by section 805(b)(1) of this sel. It also clarifies several technical ing amendment, and shall not be sub- Act)’’. points that were raised after the report ject to a demand for a division of the Page 299, line 8, strike ‘‘426’’ and insert was filed. For example, on page 290, I question. ‘‘427’’. have added language to make it clear The Chairman of the Committee of Page 301, line 20, after ‘‘at the end’’ insert that the re-leasing of office space will Whole may recognize for consideration ‘‘(after the item added by section 805(b)(2) of continue to be handled by GSA. this Act’’. Beyond those corrections that I have of any amendment out of the order Page 301, in the matter after line 21, strike printed, but not sooner than 1 hour ‘‘426’’ and insert ‘‘427’’. described, the amendment also con- after the Chairman of the Committee Page 303, beginning on line 11, strike ‘‘such tains the walkback that the gentleman on Armed Services or a designee an- subchapter’’ and insert ‘‘subchapter I of such from Colorado (Mr. HEFLEY) just de- nounces from the floor a request to chapter’’. scribed with respect to the Endangered that effect. In section 1045(a)(7), strike ‘‘7503(d)’’ (page Species Act on DOD bases, saying sim- It is now in order to consider amend- 310, line 16) and insert ‘‘7305(d)’’. ply that the Endangered Species Act In section 1045(e), strike ‘‘819’’ (page 311, changes are limited to the Department ment No. 1 printed in House Report line 25) and insert ‘‘819(a)’’. 108–120. In section 317, strike subsection (a) (page of Defense and that, in fact, the defini- AMENDMENT NO. 1 OFFERED BY MR. HUNTER 59, lines 18 through 21) and redesignate subse- tion of endangered species is walked Mr. HUNTER. Mr. Chairman, I offer quent subsections accordingly. back to the language that was de- an amendment. In section 318, strike subsection (a) (page scribed by DOD when it was sent to us. The CHAIRMAN pro tempore. The 61, lines 3 through 18) and insert the fol- Mr. Chairman, I think it is eminently Clerk will designate the amendment. lowing new subsection: reasonable. I just pointed out a few The text of the amendment is as fol- (a) DEFINITION OF HARASSMENT FOR MILI- minutes ago, with the four overlaps for TARY READINESS ACTIVITIES.—Section 3(18) of lows: the Marine Mammal Protection Act of 1972 the Pendleton Marine base, where Amendment No. 1 offered by Mr. HUNTER: (16 U.S.C. 1362(18)) is amended by striking American Marines practice dying for Page 34, line 15, strike the first period. subparagraphs (B) and (C) and inserting the this country and they can only utilize Page 90, line 17, insert open quotation following new subparagraphs: at this time a very small portion of marks before ‘‘subparagraph’’. ‘‘(B) In the case of a military readiness ac- Page 99, line 7, strike the open quotation that 17-mile red beach because there tivity (as defined in section 315(f) of Public marks. are animals that need to be protected Page 125, line 5, strike ‘‘551’’ and insert Law 107–314; 16 U.S.C. 703 note), the term on that beach. Once you overlay the es- ‘‘991’’. ‘harassment’ means— tuarine areas, the gnatcatcher areas Page 136, beginning on line 4, strike ‘‘chap- ‘‘(i) any act that injures or has the signifi- cant potential to injure a marine mammal or and a number of other areas that have ter’’ and insert ‘‘subchapter’’. now been designated for lockout to the Strike section 617(b)(2) (page 165, line 19, marine mammal stock in the wild; or through the matter following line 6 on page ‘‘(ii) any act that disturbs or is likely to military or controlled use, you have an 166) and insert the following: disturb a marine mammal or marine mam- extremely diminished base in terms of (2) The heading of such section, and the mal stock in the wild by causing disruption training. So those very fine people that item relating to such section in the table of of natural behavioral patterns, including, we have sent to the Middle East to sections at the beginning of chapter 40 of but not limited to, migration, surfacing, carry out American foreign policy are such title, are each amended by striking the nursing, breeding, feeding, or sheltering, to a seeing a diminished training area in point where such behavioral patterns are sixth word. the United States. Page 210, line 12, strike the single open and abandoned or significantly altered. close quotation marks and insert double ‘‘(C) The term ‘Level A harassment’ means And that is across the board, Mr. open and close quotation marks. harassment described in subparagraph (A)(i) Chairman. You can go to Camp Page 213, line 25, insert ‘‘of such section’’ or, in the case of a military readiness activ- Lejeune, where they now have to em- after ‘‘Subsection (c)’’. ity, harassment described in subparagraph ploy 80 biologists just to try to move Page 219, beginning on line 18, strike ‘‘the (B)(i). these areas around, or any of the other end’’. ‘‘(D) The term ‘Level B harassment’ means bases, Army, Navy, Marine Corps, Air Page 220, line 8, strike ‘‘adding at the end’’ harassment described in subparagraph (A)(ii) Force, and you will see that some of and insert ‘‘inserting after the item relating or, in the case of a military readiness activ- to section 2435’’. ity, harassment described in subparagraph them are diminished up to 70, 80 per- Page 227, line 5, strike ‘‘(d)’’ and insert (B)(ii).’’. cent, locked out, where the military is ‘‘(d)(3)’’. The CHAIRMAN pro tempore. Pursu- locked out of their own base and can- Page 229, line 14, strike ‘‘ ’’ and insert Unites ant to House Resolution 245, the gen- not use it for training. ‘‘United’’. This is a balance, Mr. Chairman. It is Page 231, line 14, strike ‘‘Department of’’ tleman from California (Mr. HUNTER) and all that follows through ‘‘amounts’’ on and a Member opposed each will con- a balance that passed on a bipartisan line 15 and insert ‘‘Department of Defense trol 5 minutes. basis, in fact, in fuller measure than such amounts’’. what we have here out of the Com- Page 231, line 18, strike ‘‘; and’’ and insert b 1615 mittee on Resources. So I think it is a period. PARLIAMENTARY INQUIRY absolutely appropriate that this Page 231, strike lines 19 and 20. Mr. RAHALL. Mr. Chairman, I have a walkback, where now only the Depart- Page 232, in the matter after line 16, strike ‘‘Unites’’ and insert ‘‘United’’. parliamentary inquiry. ment of Defense is going to be able to In section 1012(b)(1) (page 253, line 13), in- The CHAIRMAN pro tempore (Mr. receive this treatment, is manifested. sert ‘‘the end of such subsection’’ after BEREUTER). The gentleman will state Mr. Chairman, I reserve the balance ‘‘through’’. it. of my time.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.103 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4493 Mr. RAHALL. Mr. Chairman, I yield forces us to vote to endorse the mili- served our military so well and allowed myself such time as I may consume, tary exemptions to get rid of one extra- them to be the great force that they and I do rise in opposition to the neous ESA rider. are. Hunter amendment. I urge Members to vote ‘‘no’’ on the Mr. Chairman, I reserve the balance I think at this point in time there is Hunter amendment. of my time. some clarification needed as to the sit- Mr. Chairman, I reserve the balance Mr. HUNTER. Mr. Chairman, I yield uation that we are in. Many Members of my time. 30 seconds to the gentleman from New may well be confused. Mr. HUNTER. Mr. Chairman, I yield Jersey (Mr. SAXTON). First, this same amendment was filed myself such time as I may consume. Mr. SAXTON. Mr. Chairman, I thank by the gentleman from Colorado (Mr. I would just say this. With respect to the gentleman for yielding me this HEFLEY) before the Committee on Marine Mammal, I think the gen- time. Rules; and for reasons only known on tleman from Colorado (Mr. HEFLEY) de- The amendment that we are debating the other side of the aisle in their in- scribed it best. This is a commonsense is, I think, a pretty commonsense ternal machinations, it is now in order amendment. I have not met a single en- amendment. The military, DOD, came under the gentleman from California’s vironmentalist who does not agree to us and said, we need some limited name. We have all of 10 minutes to de- with this. That says that if you have a relief from the Endangered Species Act bate what are truly far-reaching seal sitting on a buoy and a Navy ship and the Marine Mammal Protection changes to environmental law under goes by, if the seal even looks up, he is, Act. This gives them essentially what this rule. according to at least one biologist in they want without going outside or In fact, the amendment does make the Department of Fish and Wildlife, further than they requested. And so it one important improvement in the lan- potentially disturbed. If you poten- seems to me that this is a good, com- guage originally reported by the Com- tially disturb a seal, you cannot under- monsense amendment. I commend the mittee on Resources. It strikes extra- take that particular military activity. gentleman from Colorado for bringing neous language that would have gutted What we are losing, Mr. Chairman, is it forward. Mr. RAHALL. Mr. Chairman, I yield a key provision of the Endangered Spe- our ability to practice our sonar capa- myself the balance of my time. cies Act. In this one case, the adminis- bility and our new sonar equipment. In conclusion, I would state that I tration did not even request or support That means life and death for the kids am supported in this effort by the the language. But make no mistake who are underneath the water in those ranking member of the Committee on about it, the rest of the Hunter amend- submarines whose lives depend on Energy and Commerce, the gentleman ment leaves intact all the exemptions being able to hear the enemy sub- from Michigan, the dean of the House. and changes sought by the DOD, and I marine before it hears them and de- I am also supported by a number of think that is worth repeating. It leaves stroys them. other ranking members on our side of intact all the exemptions and changes So I would just say to my colleague the aisle. The gentleman from Missouri to the Endangered Species Act and the and to all my colleagues, most of this has already made his views firmly Marine Mammal Protection Act that language is what we passed with a big known before this body, and he is our the Pentagon wants. All those exemp- vote last year on a bipartisan basis. It respected ranking member on the Com- tions and changes will remain in the is absolutely reasonable. It has been mittee on Armed Forces, the author- bill if the current Hunter amendment walked back to DOD. I would just rec- izing committee. I would just say that is adopted. ommend, take ‘‘yes’’ for an answer. this issue is too important to leave all And there is one added bonus, a spe- Mr. Chairman, I reserve the balance critical habitat designations as subject cial bonus here. That is a special en- of my time. to the whims and caprices of the Sec- dangered species exemption that ap- Mr. RAHALL. Mr. Chairman, I yield retary. I would urge the defeat of the plies to only one Arizona base which is myself such time as I may consume. amendment. described by the Arizona Republic as a I would just respond to the gen- Mr. HUNTER. Mr. Chairman, I yield ‘‘silly rider’’ that is not even nec- tleman from California as we have re- myself the balance of my time. essary. That, too, is left intact by the sponded numerous times today during Mr. Chairman, there is no exemption Hunter amendment. this debate. There are exemptions in for the Marine Mammal Act, so that is Simply put, the environmental ex- current law that the DOD can exercise one reason why it has not been sought. emptions which would be codified by whenever it finds conditions where na- I would just say there is one endan- the Hunter amendment are overbroad tional security warrants such exemp- gered species that this provision pro- and unjustified. As a May 15 article in tions to any environmental laws. To tects and that is the 19-year-old Marine the Chicago Tribune stated, the bill this date, in all reports that we have or soldier or airman who needs ade- language now before us would grant asked for, we have not seen where DOD quate training and right now is seeing the Department of Defense exemptions has asked to utilize the current exemp- his training areas diminished by which would ‘‘apply to all military fa- tions allowed under current law. conservationism and environ- cilities, including golf courses, irri- As we all know, our forces did a tre- mentalism. Let us give conservation gated gardens and swimming pools.’’ mendous job in Iraq. We on this side of and environmentalism a good name For those of us who have spoken out the aisle support our troops as strongly and let us balance those two important against the military exemptions, this as those on the other side of the aisle, goals with another goal which is keep- is unacceptable. The American people as strongly as all Americans do, and we ing our men and women in uniform respect and support our military, but praise the very effective job that they alive when they are in combat. they do not believe nor do I believe did. And we would add that they did it The CHAIRMAN pro tempore. The that the Pentagon should be held unac- under current law. question is on the amendment offered countable or exempt from the laws The briefings that I have had, the by the gentleman from California (Mr. which apply to all of us. briefings that I have attended for all HUNTER). The gentleman from Michigan (Mr. Members of Congress, even the briefing The question was taken; and the DINGELL) and I proposed a substitute I had with General Franks in Dohar a Chairman pro tempore announced that that would have addressed DOD con- month or so ago, none of those brief- the ayes appeared to have it. cerns about future readiness activities ings listed any problems that our mili- Mr. RAHALL. Mr. Chairman, I de- in an environmentally responsible tary had with current law or the ex- mand a recorded vote. manner. That amendment was sup- emptions that they have to use under The CHAIRMAN pro tempore. Pursu- ported by many major environmental current law that would have in any ant to clause 6 of rule XVIII, further organizations. But because of the Re- way endangered our commanders or proceedings on the amendment offered publican rule that is now being jammed our military in their preparations of by the gentleman from California (Mr. down our throats, we have no oppor- our troops for combat readiness, as HUNTER) will be postponed. tunity to consider the Rahall-Dingell they have been so well trained. It is now in order to consider amend- amendment. It is only the Hunter I say the current language works. ment No. 2 printed in House Report amendment, take it or leave it, which That is what we should recognize has 108–120.

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.106 H21PT1 H4494 CONGRESSIONAL RECORD — HOUSE May 21, 2003 AMENDMENT NO. 2 OFFERED BY MR. GOODE task force, is necessary to respond to a terrorism. I know how difficult it is to Mr. GOODE. Mr. Chairman, I offer an threat to national security posed by the secure our Nation’s border, and I know amendment. entry into the United States of terrorists, the need for additional resources. How- The CHAIRMAN pro tempore. The drug traffickers, or illegal aliens. ever, I rise in opposition to this amend- ‘‘(2) If established, the joint task force ment because it is simply the wrong so- Clerk will designate the amendment. shall fully comply with the standards as set The text of the amendment is as fol- forth in this section. lution to our current problems along lows: ‘‘(f) NOTIFICATION REQUIREMENTS.—The our border. This amendment will send Amendment No. 2 offered by Mr. GOODE: Secretary of Homeland Security shall pro- our military personnel to our borders At the end of title X (page ll, after line vide to the Governor of the State in which at a time when they are already ll), insert the following new section: members are to be deployed pursuant to an stretched thin in Iraq, Afghanistan, the SEC. ll. ASSIGNMENT OF MEMBERS TO ASSIST assignment under subsection (a) and to local Philippines, and over 100 countries BUREAU OF BORDER SECURITY AND governments in the deployment area notifi- around the world. BUREAU OF CITIZENSHIP AND IMMI- cation of the deployment of the members to GRATION SERVICES OF THE DE- assist the Department of Homeland Security b 1630 PARTMENT OF HOMELAND SECU- under this section and the types of tasks to We cannot and should not ask our RITY. be performed by the members. military personnel to patrol our bor- (a) ASSIGNMENT AUTHORITY OF SECRETARY ‘‘(g) REIMBURSEMENT REQUIREMENT.—Sec- ders. We need our military to be at OF DEFENSE.—Chapter 18 of title 10, United tion 377 of this title shall apply in the case their best. Patrolling our borders States Code, is amended by inserting after of members assigned under subsection (a). against illegal immigration has mini- section 374 the following new section: ‘‘(h) TERMINATION OF AUTHORITY.—No as- ‘‘§ 374a. Assignment of members to assist bor- signment may be made or continued under mal military value and detracts from der patrol and control subsection (a) after September 30, 2005.’’. training with war-fighting equipment for war-fighting missions. It will lead ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon sub- (b) COMMENCEMENT OF TRAINING PRO- mission of a request consistent with sub- GRAM.—The training program required by to decreased military training which section (b), the Secretary of Defense may as- subsection (b) of section 374a of title 10, reduces unit readiness levels and over- sign members of the Army, Navy, Air Force, United States Code, shall be established as all combat effectiveness of our Armed and Marine Corps to assist— soon as practicable after the date of the en- Forces. I may not agree with the gen- ‘‘(1) the Bureau of Border Security of the actment of this Act. tleman from Virginia (Mr. GOODE) Department of Homeland Security in pre- (c) CLERICAL AMENDMENT.—The table of today, but I know that he wants to do sections at the beginning of such chapter is venting the entry of terrorists, drug traf- what is right for our country. I would fickers, and illegal aliens into the United amended by inserting after the item relating to section 374 the following new item: therefore ask him now to join with me States; and and find a way to place additional law ‘‘(2) the United States Customs Service of ‘‘374a. Assignment of members to assist bor- the Department of Homeland Security in the der patrol and control.’’. enforcement personnel on the border, inspection of cargo, vehicles, and aircraft at not military personnel. The CHAIRMAN pro tempore. Pursu- Mr. Chairman, I reserve the balance points of entry into the United States to pre- ant to House Resolution 245, the gen- vent the entry of weapons of mass destruc- of my time. tion, components of weapons of mass de- tleman from Virginia (Mr. GOODE) and Mr. GOODE. Mr. Chairman, I yield 3 struction, prohibited narcotics or drugs, or the gentleman from Texas (Mr. REYES) minutes to the gentleman from North other terrorist or drug trafficking items. each will control 10 minutes. Carolina (Mr. JONES). ‘‘(b) REQUEST FOR ASSIGNMENT.—The as- The Chair recognizes the gentleman PARLIAMENTARY INQUIRY signment of members under subsection (a) from Virginia (Mr. GOODE). Mr. JONES of North Carolina. Mr. may occur only if— Mr. GOODE. Mr. Chairman, I yield Chairman, may I make a parliamen- ‘‘(1) the assignment is at the request of the myself such time as I may consume. tary inquiry first? Secretary of Homeland Security; and This amendment is called the troops ‘‘(2) the request is accompanied by a cer- The CHAIRMAN pro tempore (Mr. tification by the Secretary of Homeland Se- on the border amendment. This amend- BEREUTER). The gentleman is recog- curity that the assignment of members pur- ment would authorize the use of troops nized for a parliamentary inquiry. suant to the request is necessary to respond on the borders of the United States if Mr. JONES of North Carolina. Mr. to a threat to national security posed by the the Secretary of Defense and the Sec- Chairman, if I need 2 minutes, can I entry into the United States of terrorists, retary of Homeland Security, after yield back 1 minute? I do not want to drug traffickers, or illegal aliens. consultation, felt it was needed for our take away from the total time. I just ‘‘(c) TRAINING PROGRAM REQUIRED.—The national security, if it was needed to need 2 minutes. Secretary of Homeland Security and the Sec- curtail illegal immigration, if it was The CHAIRMAN pro tempore. Yes. retary of Defense, shall establish a training needed to curtail the flow of illegal The gentleman may yield back 1 program to ensure that members receive minute or whatever time remains. general instruction regarding issues affect- drugs into our country. We saw just a few weeks ago the Mr. JONES of North Carolina. Mr. ing law enforcement in the border areas in Chairman, I rise in strong support of which the members may perform duties tragedy that occurred when 19 illegal under an assignment under subsection (a). A immigrants died from suffocation. If this amendment from the gentleman member may not be deployed at a border lo- we had had troops on the border or this from Virginia, troops on the border. This amendment addresses a national cation pursuant to an assignment under sub- legislation if it had been passed and security issue, and it also addresses an section (a) until the member has successfully they were worried about troops being completed the training program. economic issue. To my good friends, on our border, it would have been a ‘‘(d) CONDITIONS OF USE.—(1) Whenever a and they are my good friends, on the message not to attempt something so member who is assigned under subsection (a) other side, the American people want to assist the Bureau of Border Security or dangerous. Having troops on our bor- those who want to come to this coun- the United States Customs Service is per- ders would save lives and would be an try by the legal process to come, and forming duties at a border location pursuant enhancement to our security and our they are welcome; but we must remem- to the assignment, a civilian law enforce- safety. ment officer from the agency concerned shall ber this country is at war. That war Mr. Chairman, I reserve the balance started on September 11 of 2001, and accompany the member. of my time. ‘‘(2) Nothing in this section shall be con- last year we had about 1 million people strued to— Mr. REYES. Mr. Chairman, I yield come to this country illegally, and I ‘‘(A) authorize a member assigned under myself such time as I may consume. agree with the gentleman from Vir- subsection (a) to conduct a search, seizure, I understand the gentleman from Vir- ginia (Mr. GOODE). or other similar law enforcement activity or ginia’s concern. I understand also the And maybe the gentleman from to make an arrest; and need to increase enforcement along our Texas’s idea is good that we could find ‘‘(B) supersede section 1385 of title 18 (pop- borders to protect against terrorism a middle ground on this issue, but I ularly known as the ‘Posse Comitatus Act’). and against drug trafficking. will say this, that the people that I ‘‘(e) ESTABLISHMENT OF ONGOING JOINT Mr. Chairman, I spent more than 26 have a chance to talk to and to rep- TASK FORCES.—(1) The Secretary of Home- land Security may establish ongoing joint years in Federal law enforcement on resent are saying to me this Congress task forces if the Secretary of Homeland Se- the border between the United States and this government, this administra- curity determines that the joint task force, and Mexico. I was on the front line of tion need to do a better job of pro- and the assignment of members to the joint our Nation’s war on drugs and against tecting our borders; and it does not

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.108 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4495 matter if the borders are America and help other Federal agencies, this I think that we need to do some- Canada or America and Mexico. We are amendment simply reinforces the pri- thing, but putting troops on the border talking about this Nation being at war, mary role of the armed services to pro- is not going to answer the problem and we have to do a better job. And I tect the homeland. that we have. I think that we should think this amendment that has been The newest combat command, North- focus and put our energy on people proposed is an answer to a real prob- ern Command, is involved in this very that are trained to do the job, and I lem; and if this is one way to force an issue. The statutory language sup- urge my friends to defeat this amend- answer, then this amendment is good. porting North Com’s efforts to rein- ment. I will say in closing that I have read force the Department of Homeland Se- Mr. GOODE. Mr. Chairman, I yield numerous polls in the last 3 years on curity and to set training and policy such time as he may consume to the this issue, and the American people ground rules is extremely helpful. The gentleman from Colorado (Mr. have said, and said in loud numbers, authority is only in effect for 1 year TANCREDO). meaning 80 percent, 85 percent, that we and is essentially a pilot program. In Mr. TANCREDO. Mr. Chairman, I want to see the borders of this great other words, let us put this in place thank the gentleman for yielding me Nation secured. So I compliment the and see how it works. If it causes prob- this time. gentleman from Virginia (Mr. GOODE), lems, we will know, and we will not Every nation on the face of the Earth and I am going to support this amend- renew it. But I do not see problems oc- uses their military for the purpose of ment, and I am going to encourage my curring, and I think it is a test that we defense and uses their military on their friends to support this amendment be- ought to run. borders for that very purpose. We are cause the American people want our The use of this authority will allow unique in that we have chosen over the borders to be secure. North Com to better integrate active years to avoid that use of the military, Mr. Chairman, I yield back the bal- forces and National Guard forces into but the time has come for us to rethink ance of my time. And, again, God bless homeland defense plans, a common- this. The time has come for us to use America. sense approach and one that I com- our military in a way that every other Mr. REYES. Mr. Chairman, I yield 2 mend the gentleman from Virginia for country uses their military, to protect minutes to the distinguished gen- bringing forward. and defend their own borders. It is tleman from Missouri (Mr. SKELTON), Mr. REYES. Mr. Chairman, can I in- true, I have heard so often from Mem- ranking member on the Committee on quire how much time we have remain- bers of the other side, that we have our Armed Services. ing. military spread all over the world. Un- Mr. SKELTON. Mr. Chairman, I take The CHAIRMAN pro tempore. The deniably true. And intriguingly and al- this opportunity to speak against this gentleman from Texas (Mr. REYES) has most ironically in many of the places amendment. I thank the gentleman 7 minutes remaining, and the gen- where we have our military stationed, tleman from Virginia (Mr. GOODE) has 6 from Texas (Mr. REYES) for his com- they are stationed for the purposes of mitment to our national defense and minutes remaining. defending borders. We are defending Mr. REYES. Mr. Chairman, I yield 2 for his position of strengthening our borders in Korea. We are defending bor- minutes to the gentleman from Texas law enforcement community. He comes ders in Kosovo. We are defending bor- (Mr. ORTIZ), who, like me, is an indi- from a great background and under- ders in Afghanistan with our troops. vidual who enforced the laws along the stands this issue better than anyone in Yet we refuse to use our troops to de- border. this body. (Mr. ORTIZ asked and was given per- fend our borders. Is that not peculiar, Among all the reasons the gentleman mission to revise and extend his re- to say the least? Is it not ironic at from Texas (Mr. REYES) gives to oppose marks.) least? this amendment, the one I feel strongly Mr. ORTIZ. Mr. Chairman, this is an The issue of the training, let me re- about is the overstretching of our amendment that we have dealt with on late a story that happened to me. I had troops. I am convinced that we are a yearly basis, and on a yearly basis the opportunity to visit the northern stretching the young men and young the Department of Defense tells us that border about a year and a half ago, not women far past their capacity; and to they do not support this amendment. too far from Bonner’s Ferry, Idaho. put them on the border where we have We have to be realistic. I was in law en- There was an exercise at the time un- border patrols who are doing an excel- forcement like my friend here. When derway. One hundred Marines were on lent job there I think is just gilding the one is in law enforcement, one is the border working in conjunction with lily and pushing it too far. We have trained to do a certain mission, a cer- the border patrol and the Forest Serv- American troops all over the world; tain skill. The military people who ice. This was a 2-week exercise, just to and I see that some of them, frankly, serve in the military, I think there was see what we could do, what actually we are getting worn out. National Guard a group of very senior members who could do to help improve border secu- and Reserves are called up and this went to Iraq and some of the com- rity by using the military. It was a fas- would only exacerbate a very difficult plaints of our troops there were we cinating experiment, and I hope the situation. The Northern Command ex- were not supposed to be police officers, gentlemen who have raised the issue of ists to support the request from civil we were trained to kill. And that is training so often would pay close at- authorities, but our troops should not what they do. tention here because it was an experi- substitute for our police. And I thank So by putting troops on the border, ence that I think they should all ob- the gentleman from Texas for yielding this is not going to alleviate matters serve. me this time. any. We need to put people who are One hundred Marines on the border Mr. GOODE. Mr. Chairman, I yield trained to do a certain job, a certain trying to control in this case about 100 such time as he may consume to the skill to deal with people, and this is miles of border. And they brought with gentleman from New Jersey (Mr. why we have the border patrol. If my them three UAVs, unmanned aerial ve- SAXTON). colleagues feel by adding more border hicles, and two radar facilities. And in Mr. SAXTON. Mr. Chairman, I rise in patrol officers on the border this is the use of these radar facilities and the support of the gentleman from Vir- going to help, why not give them the UAVs, they were able to actually stop, ginia’s amendment. As we stand here money to do that? They are trained ex- while I was there, four people who were today, we are under this enhanced actly. We have a training center where attempting to come across on all-ter- threat level of attack from terrorists, we pay millions of dollars to operate to rain vehicles carrying 400 pounds of and it seems to me that this amend- train them adequately. Why do we not drugs; and a light plane was inter- ment and the provisions of this amend- do that? We have 120-or-some thousand cepted using those two radar stations. ment are absolutely essential to give more troops stationed around the The interesting thing is that when I our Department of Defense and our world. Can my colleagues imagine what was talking to the commander of the Commander in Chief the option of this is going to do to our readiness by Marine detachment who was there sub- using our military forces to secure our giving them a different mission to sequent to this experience, he said, border if it becomes necessary. And train on a different skill? This is ab- This was the best training we have ever while the Department of Defense may surd. had. This was the best training we have

VerDate Jan 31 2003 02:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.112 H21PT1 H4496 CONGRESSIONAL RECORD — HOUSE May 21, 2003 ever had. He said we were operating in b 1645 rorist, one of the things you want to a realtime environment. There were So I think I have some experience do, you want to distract and make sure real bad guys we were trying to stop with border crossings. And, yes, we the economy goes into disruption. coming across this border, and this is have to get better control of our bor- This is not the way to do it. We need the roughest terrain we have ever oper- der, and we have reorganized our gov- to make sure that we continue to work ated in. ernment and established a Department with our friends, both in Mexico and So when we are talking about the use of Homeland Security to do just that, Canada, and this is the wrong way and of the military, when we are talking and we hope they will get the proper the wrong approach to take. Now is the crucial time for us to about training exercises and how if we resources to do that. were actually to employ the military Yes, we have a lot to do, but it is not work with Mexico and Canada. These two countries are our partners. We on the border that this would somehow arming the border that is the answer. have to be secure and make sure that or other detract from their own train- As has been pointed out, we have the Canada is secure and that Mexico is se- ing activities, I would say it is just the best military in the world. We just cure in order for us to be secure. And opposite. Talk to the Marines. Ask proved it in Iraq. They are trained to we have got to continue to make that them about whether or not this was kill. not what I have just described, the I will tell Members, the people who effort. We live in a culture where we ‘‘best training activity’’ they have ever live in my district, 55 percent of whom interact on the border, and I live on the border. I am not in Colorado with had. are Americans of Mexican descent, do the gentleman from Colorado (Mr. I completely support those folks who not like this idea. They are worried TANCREDO). have indicated a desire to put more re- about the idea. Mr. GOODLATTE. Mr. Chairman, I I would say to the gentleman from sources into the border patrol. Abso- yield myself the balance of my time. lutely, no problem at all as far as I am Colorado (Mr. TANCREDO), the kind of Mr. Chairman, that was a tragedy concerned. I would vote for it in a training mission that the gentleman about the shooting of the 18-year-old heartbeat. I would encourage all of my mentioned actually killed an American young man, Mr. Hernandez, who was colleagues to do exactly the same citizen of Mexican descent, an 18-year- shepherding his family’s goats. But let thing. The reality is this, that even if old, ironically, who wanted to be a Ma- me tell you a little bit more about the tomorrow we doubled or tripled the rine. It was an accident. He could not story. He had a .22 rifle. He fired twice amount of people and resources that we tell the illegal from the legal. That is at the Marines and was aiming to fire would devote to the border patrol, just what we want to make sure does not a third time, and only then was fire re- the process of getting them trained on- happen on the border with Mexico. turned and, regrettably, he was killed line and ready to work would be so I want to remind my friends, Mexico with a single shot. long and so cumbersome that frankly is a friendly nation. I do not think they We need to pass this amendment it seems to me that this alternative, have made any attempts at invasion today. We need to send a message to the use of the military when necessary since the Alamo. So this proposal the illegal drug traffickers, hey, we are to augment, no one is suggesting and would make a very fragile relationship going to have the authority to put certainly my friend from Virginia is right now even worse, and that is not troops on the border. We need to send not suggesting that this be the place what we ought to be doing. a message to illegal aliens coming into for the military forever, but they could If you want to help us control the this country that we are going to put augment the services of the border pa- border, all you folks from North Caro- troops on the its border and stop it. trol. They could provide the technical lina and Virginia and Colorado and And to those terrorists who are in Mex- capabilities, the unmanned vehicles, New Jersey, give us some technology. ico, such as that reported by the Wash- the radar stations and all the rest, as I Ninety-five percent of the people who ington Times that al Qaeda is there, we say, that the military can bring with cross every day in my district cross need to send them a message: We are them and be benefited by in the proc- frequently. With technology we can going to stop you at the border; you ess. give them smart cards, they can cross are not getting in. It seems like a very symbiotic rela- the border, and we can focus our atten- Let us put troops on the border and tionship that we can actually use the tion on the illegal crossings. This is vote yes for this amendment. military and the border patrol in con- the wrong way to go. Mr. Chairman, I yield back the bal- Mr. REYES. Mr. Chairman, I yield junction with each other to accomplish ance of my time. 11⁄2 minutes to the gentleman from Mr. REYES. Mr. Chairman, I yield the goal of a safe, secure border, a bor- Texas (Mr. RODRIGUEZ). myself such time as I may consume. der that would in fact in reality, a se- Mr. RODRIGUEZ. Mr. Chairman, this Mr. Chairman, in closing, let me cure border, have helped prevent the amendment is a bad idea, and I will tell clear the record. When the gentleman kind of horrible events that we have you why. We are proud of our military. from Virginia (Mr. GOODE) talks about been witnessing recently. They are over in 100 countries through- the young man that fired off at the Ma- The CHAIRMAN pro tempore. The out the world, from Iraq to Afghani- rines, he did not know what he was fir- Chair would advise that the gentleman stan to Philippines to South Korea, ing at. They were operating in a covert from Texas (Mr. REYES) has 5 minutes and they are overextended. We cannot and camouflaged situation, and he did remaining. The gentleman from Vir- afford to send our military personnel not know what they were. So he did 1 ginia (Mr. GOODE) has 1 ⁄2 minutes re- to the border. fire a shot at them. But the important maining, and the gentleman from The ones who are responsible for that thing there is one life lost in an ill-con- Texas (Mr. REYES) has the right to is the new Department of Homeland ceived policy is one life too many. close. Security. The idea of military presence When they talk about the authority Mr. REYES. Mr. Chairman, I yield 2 on the border is not a new idea. We that the President needs to be able to minutes to the gentleman from Cali- have had that, and it has been dev- do that, he has that authority already fornia (Mr. FILNER). astating. in several different parts of our law. Mr. FILNER. Mr. Chairman, I rise in In 1997, a Marine anti-drug patrol When he talks about the value of train- opposition to the amendment. The shot to death a young man, Esquiel ing for our military, I would remind Goode amendment is bad, and I will Hernandez. You tell Mrs. Hernandez if my colleagues, the military in Baghdad tell the Members that evaluation that was the right thing to do, to have pleaded with us and said, look, we comes from those folks who represent Marines down there, when this young trained for combat. We have won this the Texas and the California border. I man was in high school, taking care of war. Get us out of here. We are not represent all of the California-Mexico his goats on the border. He was shot by cops, we are not infrastructure protec- border. One of my crossings is the busi- a Marine. The child was an American tors, we are not policemen. Get us out est border crossing in the entire world. citizen. of here. We trained for combat. That is In the various border crossings in my In addition to that, our number one their role. district, a quarter of a million people and number two trading partners are Secondly, you do not want to subject per day cross the border legally. Canada and Mexico. If you are a ter- border communities to marshal law.

VerDate Jan 31 2003 02:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.114 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4497 You talk about sending a message? The Mr. GOODE. Mr. Chairman, I demand Kirk Otter Shimkus message that you are sending is this, a recorded vote. Kline Oxley Shuster Knollenberg Pearce Simmons that we are thinking of our military as The CHAIRMAN pro tempore. Pursu- Kolbe Pence Simpson expendable. We are willing to send ant to clause 6 of rule XVIII, further LaHood Peterson (MN) Smith (MI) them to the border, where they may proceedings on the amendment offered Latham Peterson (PA) Smith (NJ) Leach Petri Smith (TX) become legally liable should they shoot by the gentleman from Virginia (Mr. Lewis (CA) Pickering another Esquiel on the border. They Snyder GOODE) will be postponed. Lewis (KY) Pitts Souder Linder Platts are legally liable. SEQUENTIAL VOTES POSTPONED IN COMMITTEE Stearns LoBiondo Pombo Secondly, they are trained for com- Stenholm OF THE WHOLE Lucas (KY) Pomeroy bat. You cannot expect our military to The CHAIRMAN pro tempore. Pursu- Lucas (OK) Porter Sullivan change hats, one for combat and one Lynch Portman Tancredo ant to clause 6 of rule XVIII, pro- Tanner for civil law enforcement. ceedings will now resume on those Manzullo Pryce (OH) We deserve better. We can do better. Marshall Putnam Tauzin amendments on which further pro- Taylor (MS) Let us give the resources to Federal Matheson Quinn ceedings were postponed, in the fol- McCotter Radanovich Taylor (NC) agencies that are responsible for this lowing order: McCrery Ramstad Terry kind of duty and not subject our mili- McHugh Regula Thomas Amendment No. 1 offered by Mr. tary and abuse our military. McInnis Rehberg Thornberry HUNTER; and McIntyre Renzi Tiahrt Mr. BACA. Mr. Chairman, I rise in strong Amendment No. 2 offered by Mr. McKeon Reynolds Tiberi opposition to the Goode amendment. Mica Rogers (AL) GOODE. Toomey The United States is battling the forces of Michaud Rogers (KY) Turner (OH) international terrorism. This amendment hurts The Chair will reduce to 5 minutes Miller (FL) Rogers (MI) Turner (TX) the time for the second electronic vote. Miller (MI) Rohrabacher Upton this battle by reallocating resources that al- Miller, Gary Ros-Lehtinen Vitter ready exist in our border patrols. AMENDMENT NO. 1 OFFERED BY MR. HUNTER Moran (KS) Ross Walsh Murphy Royce The Department of Defense opposes this The CHAIRMAN pro tempore. The Wamp bill. Why? Because it is not intended to secure pending business is the demand for a Murtha Ryan (WI) Musgrave Ryun (KS) Weldon (FL) our border, it is intended to affect immigration recorded vote on the amendment of- Myrick Saxton Weldon (PA) and to intimidate the millions of Mexican- fered by the gentleman from California Nethercutt Schrock Weller Whitfield Americans and Latinos that live in our Nation’s (Mr. HUNTER) on which further pro- Ney Scott (GA) Northup Sensenbrenner Wicker border region. ceedings were postponed and on which Norwood Sessions Wilson (NM) Let us remember little Ezequiel Hernandez the ayes prevailed by voice vote. Nunes Shadegg Wilson (SC) who was shot dead by Marine snipers while The Clerk will redesignate the Nussle Shaw Wolf he was herding his goats. amendment. Osborne Shays Young (AK) Ose Sherwood Young (FL) I am deeply concerned that by placing com- The Clerk redesignated the amend- bat ready troops at our borders, our borders ment. NOES—175 will become a war zone. Our Nation will be RECORDED VOTE Ackerman Gordon Mollohan perceived, and rightly so, to be engaging in a The CHAIRMAN pro tempore. A re- Allen Green (TX) Moore war against Latino immigrants. This is nothing corded vote has been demanded. Andrews Grijalva Moran (VA) Baca Gutierrez Nadler new. A recorded vote was ordered. We must take urgent measures to protect Baird Harman Napolitano The vote was taken by electronic de- Baldwin Hastings (FL) Neal (MA) our Nation, but we cannot do so at the ex- vice, and there were—ayes 252, noes 175, Ballance Hill Oberstar pense of our values, traditions, and freedoms. Becerra Hinchey Obey not voting 7, as follows: We cannot do so at the expense of ending Bell Hoeffel Olver [Roll No. 205] Berkley Holt Ortiz what little goodwill exists with our border Berman Honda Owens neighbors. AYES—252 Bishop (NY) Hooley (OR) Pallone Our challenge is to keep out terrorists who Aderholt Chocola Gillmor Blumenauer Hoyer Pascrell want to destroy this country while welcoming Akin Coble Gingrey Boswell Inslee Pastor Alexander Cole Goode Boucher Jackson (IL) Paul the newcomers who want to help build it. Put- Bachus Collins Goodlatte Boyd Jackson-Lee Payne ting troops on the border will not make our Baker Combest Goss Brady (PA) (TX) Pelosi borders safer. Putting troops on the border Ballenger Cooper Granger Brown (OH) Jefferson Price (NC) only guarantees more accidental deaths of Barrett (SC) Cox Graves Brown, Corrine Johnson, E. B. Rahall Bartlett (MD) Cramer Green (WI) Capps Jones (OH) Rangel Latinos like little Ezequiel. This child deserved Barton (TX) Crane Greenwood Capuano Kanjorski Reyes to grow up, graduate from school, marry, have Bass Crenshaw Gutknecht Cardin Kaptur Rodriguez children, and live a long fruitful life. He defi- Beauprez Cubin Hall Carson (IN) Kennedy (RI) Rothman Bereuter Culberson Harris Case Kildee Roybal-Allard nitely did not deserve to be shot dead. Berry Cunningham Hart Clay Kilpatrick Ruppersberger It is certain that others like little Ezequiel will Biggert Davis (TN) Hastings (WA) Clyburn Kind Rush die if we pass this thin-veiled anti-immigrant Bilirakis Davis, Jo Ann Hayes Conyers Kleczka Ryan (OH) amendment. Bishop (GA) Davis, Tom Hayworth Costello Kucinich Sabo Military personnel are not trained for border Bishop (UT) Deal (GA) Hefley Crowley Lampson Sanchez, Linda Blackburn DeLay Hensarling Cummings Langevin T. patrolling they are trained for war and combat. Blunt DeMint Herger Davis (AL) Lantos Sanchez, Loretta They are not trained to be sensitive to civil lib- Boehlert Diaz-Balart, L. Hobson Davis (CA) Larsen (WA) Sanders erties. They are trained to fight terrorists and Boehner Diaz-Balart, M. Hoekstra Davis (FL) Larson (CT) Sandlin Bonilla Doolittle Holden Davis (IL) Lee Schakowsky we need to let them do their job—abroad. The Bonner Dreier Hostettler DeFazio Levin Schiff U.S. military does not police civilian popu- Bono Duncan Houghton DeGette Lipinski Scott (VA) lations lest we forget the lessons of history Boozman Dunn Hulshof Delahunt Lofgren Serrano from the Soviet Union and its satellite nations. Bradley (NH) Edwards Hunter DeLauro Lowey Sherman Brady (TX) Ehlers Hyde Deutsch Majette Skelton If we really want to secure our borders, we Brown (SC) Emerson Isakson Dicks Maloney Slaughter should increase funding for local law enforce- Brown-Waite, English Israel Dingell Markey Smith (WA) ment. We should not divert funds and shift the Ginny Everett Issa Doggett Matsui Solis Burgess Feeney Istook Dooley (CA) McCarthy (MO) Spratt focus away from the war on terror. Our en- Burns Ferguson Janklow Doyle McCarthy (NY) Stark emies are terrorists, not immigrants. Burton (IN) Fletcher Jenkins Emanuel McCollum Strickland The CHAIRMAN pro tempore (Mr. Buyer Foley John Engel McDermott Stupak BEREUTER). All time for debate has ex- Calvert Forbes Johnson (CT) Eshoo McGovern Tauscher pired. Camp Ford Johnson (IL) Etheridge McNulty Thompson (CA) Cannon Fossella Johnson, Sam Evans Meehan Thompson (MS) The question is on the amendment Cantor Franks (AZ) Jones (NC) Farr Meek (FL) Tierney offered by the gentleman from Virginia Capito Frelinghuysen Keller Fattah Meeks (NY) Towns (Mr. GOODE). Cardoza Gallegly Kelly Filner Menendez Udall (CO) The question was taken; and the Carson (OK) Garrett (NJ) Kennedy (MN) Flake Millender- Udall (NM) Carter Gerlach King (IA) Frank (MA) McDonald Van Hollen Chairman pro tempore announced that Castle Gibbons King (NY) Frost Miller (NC) Velazquez the noes appeared to have it. Chabot Gilchrest Kingston Gonzalez Miller, George Visclosky

VerDate Jan 31 2003 02:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.119 H21PT1 H4498 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Walden (OR) Waxman Wu Granger Manzullo Ros-Lehtinen Rush Slaughter Udall (NM) Waters Weiner Wynn Graves Marshall Ross Ryan (OH) Smith (WA) Van Hollen Watson Wexler Green (WI) Matheson Royce Sabo Snyder Velazquez Watt Woolsey Greenwood McCotter Ryan (WI) Sanchez, Linda Solis Visclosky Gutknecht McCrery Ryun (KS) T. Souder NOT VOTING—7 Waters Hall McHugh Saxton Sanchez, Loretta Stark Watson Abercrombie Hinojosa Sweeney Harris McInnis Schrock Sanders Stenholm Watt Burr LaTourette Hayes McIntyre Scott (GA) Sandlin Stupak Waxman Schakowsky Tauscher Gephardt Lewis (GA) Hayworth McKeon Sensenbrenner Weiner Hefley Mica Schiff Thompson (CA) Sessions Wexler ANNOUNCEMENT BY THE CHAIRMAN PRO Hensarling Miller (FL) Scott (VA) Thompson (MS) Shadegg Wilson (NM) TEMPORE Herger Miller (MI) Serrano Thornberry Shaw Woolsey The CHAIRMAN pro tempore (Mrs. Hobson Miller, Gary Shays Sherman Tierney Hoekstra Moore Simmons Towns Wu BIGGERT) (during the vote). Members Sherwood Wynn Hooley (OR) Moran (KS) Shimkus Skelton Turner (TX) are reminded that there are less than 2 Hostettler Murphy Shuster NOT VOTING—5 minutes remaining in this vote. Hulshof Musgrave Simpson Hunter Myrick Smith (MI) Gephardt Lewis (GA) Sweeney Hyde Nethercutt Smith (NJ) Hinojosa Rothman b 1714 Isakson Ney Smith (TX) Israel Northup ANNOUNCEMENT BY THE CHAIRMAN PRO Mr. OWENS and Mr. WALDEN of Or- Spratt Issa Norwood TEMPORE Stearns egon changed their vote from ‘‘aye’’ to Istook Nunes The CHAIRMAN pro tempore (Mrs. ‘‘no.’’ Janklow Nussle Strickland Sullivan BIGGERT) (during the vote). Members So the amendment was agreed to. Jenkins Osborne John Ose Tancredo are advised that there are less than 2 The result of the vote was announced Johnson (CT) Otter Tanner minutes left to record their vote. as above recorded. Johnson (IL) Oxley Tauzin Taylor (MS) b 1723 ANNOUNCEMENT BY THE CHAIRMAN PRO Johnson, Sam Pence Jones (NC) Peterson (MN) Taylor (NC) TEMPORE Keller Peterson (PA) Terry So the amendment was agreed to. The CHAIRMAN pro tempore. Pursu- Kelly Petri Thomas The result of the vote was announced ant to clause 6 of rule XVIII, the next Kennedy (MN) Pickering Tiahrt as above recorded. Tiberi vote will be conducted as a 5-minute Kind Pitts (Mr. SHIMKUS asked and was given King (IA) Platts Toomey vote. King (NY) Pombo Turner (OH) permission to speak out of order for 1 Udall (CO) AMENDMENT NO. 2 OFFERED BY MR. GOODE Kingston Pomeroy minute.) Upton Kirk Porter INFORMING MEMBERS OF PAGE RECEPTION The CHAIRMAN pro tempore. The LaHood Portman Vitter pending business is the demand for a Latham Pryce (OH) Walden (OR) Mr. SHIMKUS. Madam Chairman, I recorded vote on the amendment of- LaTourette Quinn Walsh want to remind all Members that the fered by the gentleman from Virginia Leach Radanovich Wamp page reception is occurring as we speak Levin Ramstad Weldon (FL) down in the Members’ dining room. If (Mr. GOODE) on which further pro- Lewis (CA) Regula Weldon (PA) ceedings were postponed and on which Lewis (KY) Rehberg Weller you have a page here in this class, if the noes prevailed by voice vote. Linder Renzi Whitfield you would get down to the Members’ LoBiondo Reynolds Wicker dining room and make sure you say hi The Clerk will redesignate the Lowey Rogers (AL) Wilson (SC) amendment. Lucas (KY) Rogers (KY) Wolf to them. If you are a Member that has The Clerk redesignated the amend- Lucas (OK) Rogers (MI) Young (AK) developed a good relationship with ment. Majette Rohrabacher Young (FL) pages and want to make sure you say farewell, that is going on now as we RECORDED VOTE NOES—179 speak. The CHAIRMAN pro tempore. A re- Abercrombie Farr Lofgren The CHAIRMAN pro tempore. It is corded vote has been demanded. Ackerman Fattah Lynch now in order to consider amendment A recorded vote was ordered. Allen Filner Maloney Andrews No. 3 printed in House Report 108–120. The CHAIRMAN pro tempore. This Flake Markey Baca Frank (MA) Matsui AMENDMENT NO. 3 OFFERED BY MS. LORETTA will be a 5-minute vote. Baird Frost McCarthy (MO) SANCHEZ OF CALIFORNIA The vote was taken by electronic de- Baldwin Gonzalez McCarthy (NY) vice, and there were—ayes 250, noes 179, Ballance Green (TX) McCollum Ms. LORETTA SANCHEZ of Cali- Becerra Grijalva McDermott not voting 5, as follows: fornia. Madam Chairman, I offer an Bell Gutierrez McGovern amendment. [Roll No. 206] Bereuter Harman McNulty Berkley Hart Meehan The CHAIRMAN pro tempore. The AYES—250 Berman Hastings (FL) Meek (FL) Clerk will designate the amendment. Aderholt Burns DeMint Berry Hastings (WA) Meeks (NY) The text of the amendment is as fol- Akin Burr Deutsch Blumenauer Hill Menendez lows: Alexander Burton (IN) Diaz-Balart, L. Brady (PA) Hinchey Michaud Bachus Calvert Diaz-Balart, M. Brown (OH) Hoeffel Millender- Amendment No. 3 offered by Ms. LORETTA Baker Camp Dingell Brown, Corrine Holden McDonald SANCHEZ of California: Ballenger Cannon Doolittle Buyer Holt Miller (NC) At the end of title VII (page 196, after line Barrett (SC) Cantor Duncan Capps Honda Miller, George 12), add the following new section: Bartlett (MD) Capito Dunn Capuano Houghton Mollohan Barton (TX) Cardoza Emerson Cardin Hoyer Moran (VA) SEC. 708. LIMITING RESTRICTION OF USE OF DE- Bass Carson (OK) Engel Carson (IN) Inslee Murtha PARTMENT OF DEFENSE MEDICAL Beauprez Carter English Clay Jackson (IL) Nadler FACILITIES TO PERFORM ABOR- Biggert Case Etheridge Clyburn Jackson-Lee Napolitano TIONS TO FACILITIES IN THE Bilirakis Castle Everett Conyers (TX) Neal (MA) UNITED STATES. Bishop (GA) Chabot Feeney Crowley Jefferson Oberstar Section 1093(b) of title 10, United States Bishop (NY) Chocola Ferguson Cummings Johnson, E. B. Obey Code, is amended by inserting ‘‘in the United Bishop (UT) Coble Fletcher Davis (AL) Jones (OH) Olver States’’ after ‘‘Defense’’. Blackburn Cole Foley Davis (CA) Kanjorski Ortiz Blunt Collins Forbes Davis (FL) Kaptur Owens The CHAIRMAN pro tempore. Pursu- Boehlert Combest Ford Davis (IL) Kennedy (RI) Pallone ant to House Resolution 245, the gen- Boehner Cooper Fossella Davis, Tom Kildee Pascrell tlewoman from California (Ms. LORET- Bonilla Costello Franks (AZ) DeGette Kilpatrick Pastor TA SANCHEZ) and a Member opposed Bonner Cox Frelinghuysen Delahunt Kleczka Paul Bono Cramer Gallegly DeLauro Kline Payne each will control 15 minutes. Boozman Crane Garrett (NJ) Dicks Knollenberg Pearce The Chair recognizes the gentle- Boswell Crenshaw Gerlach Doggett Kolbe Pelosi woman from California (Ms. LORETTA Boucher Cubin Gibbons Dooley (CA) Kucinich Price (NC) Boyd Culberson Gilchrest Doyle Lampson Putnam SANCHEZ). Bradley (NH) Cunningham Gillmor Dreier Langevin Rahall Ms. LORETTA SANCHEZ of Cali- Brady (TX) Davis (TN) Gingrey Edwards Lantos Rangel fornia. Madam Chairman, I yield my- Brown (SC) Davis, Jo Ann Goode Ehlers Larsen (WA) Reyes self such time as I may consume. Brown-Waite, Deal (GA) Goodlatte Emanuel Larson (CT) Rodriguez Ginny DeFazio Gordon Eshoo Lee Roybal-Allard Today I offer an amendment about Burgess DeLay Goss Evans Lipinski Ruppersberger freedom, safety and choice. Members of

VerDate Jan 31 2003 02:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.056 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4499 the Armed Services are entitled to a Additionally, DOD doctors are still that she secure permission from a supe- quality of life equal to that of the Na- required to obey the abortion laws of rior officer to travel back to the United tion they are pledged to defend. Wheth- the countries where they are providing States to terminate an unwanted preg- er you are pro-life or pro-choice, agree services. Thus, if this amendment be- nancy, a requirement that violates her or disagree with the merits of repro- came law, they still could not perform rights under Roe v. Wade. ductive freedom, the facts remain, the abortions in these locations where Today, this body has another oppor- women of the United States have a abortion is restricted or is not per- tunity to right this obvious wrong. As constitutional right to reproductive mitted. In such cases, pregnant women the sponsor pointed out, we do not ask services. So why would we choose to would be able, as they are now, to trav- that the Federal Government pay for place an overseas female soldier or el to a nearby country or back to the abortions overseas. Women who want military dependent into a subclass of United States on a military flight or this procedure will have to pay for it. citizenship? on a space-available basis. Nor do we compel medical profes- Currently, servicewomen may fly Ask any military doctor if they sionals to provide the procedure. There back to the United States to obtain re- joined up to perform abortions, and is a conscience clause. As service- productive services but only after they they will simply say they entered to women and female dependents deploy have authorization from commanding save lives. Congress should not take a abroad, it is time to send the right officers and can find a space on a mili- step towards putting these doctors in a message. As they protect our constitu- tary transport. If your daughter, wife, position of taking the most innocent of tional rights to life and liberty, we sister or friend had to make a tough re- human life. There is no demonstrated need to protect theirs. productive choice and were stationed need to increase the number of abor- Vote for the Sanchez-Harman- overseas, do you believe that as adult tion procedures at military installa- DeLauro amendment. women they should be required to dis- tions. This amendment does not seek Mr. RYUN of Kansas. Madam Chair- close this information to their com- to address an operational requirement man, I am pleased to yield 1 minute to manding officer? Would you want to or ensure access to an entitlement. It the gentlewoman from Colorado (Mrs. put her on the plane alone? Our serv- is simply aimed at introducing this MUSGRAVE). icewomen and dependents deserve bet- very contentious and divisive issue in Mrs. MUSGRAVE. Madam Chairman, ter. the defense authorization fight, and I I rise in opposition to this amendment. My amendment allows military per- encourage my colleagues to oppose this We have had issues that come up which sonnel and their dependents serving amendment. I call perennials. Year after year they overseas to use their private funds to Madam Chairman, I reserve the bal- come up and, fortunately, in my opin- obtain safe, legal abortion services in ance of my time. ion, this one keeps failing every year. I overseas military hospitals. No Federal Ms. LORETTA SANCHEZ of Cali- am glad that the House rejected this funds would be used. This amendment fornia. Madam Chairman, I yield 2 min- amendment in 2002, 2001, 2000, 1999, 1998, will only affect United States military utes to the gentlewoman from Cali- 1997, and 1996. facilities overseas, and my amendment fornia (Ms. HARMAN) and the original Whenever this amendment is brought will not violate host country laws. It sponsor of this bill way back when. up, the word ‘‘choice’’ is always does not compel any doctor who op- Ms. HARMAN. Madam Chairman, I brought into the conversation. I would poses abortion on principle to perform thank my colleague for yielding me urge my colleagues to respect the one. It will, however, open up reproduc- this time, and I commend her for her choices of the American taxpayers. The tive services at bases in countries leadership on this very important men and women that get up and go to where abortion is legal. issue. work every day and pay their taxes in Vote for the rights of our service- Madam Chairman, as communities this country have spoken very clearly women and dependents abroad. Vote across the Nation begin to welcome that they do not want their tax dollars for the Sanchez amendment. home members of our Armed Forces used to provide abortions. Madam Chairman, I reserve the bal- who served in Afghanistan and Iraq, Military treatment centers, the very ance of my time. and to honor those who continue to centers that are funded by these Amer- Mr. RYUN of Kansas. Madam Chair- serve in our ongoing war on terrorism, ican taxpayers who get up and go to man, I claim time in opposition to the we are, at the same time, turning work every day and pay their taxes, Sanchez amendment. The CHAIRMAN pro tempore. The America’s brave servicewomen into should be used and dedicated for the second-class citizens. So long as this healing and nurturing of human life, gentleman from Kansas (Mr. RYUN) is recognized for 15 minutes. Congress continues a policy that fails not taking the life of the most vulner- Mr. RYUN of Kansas. Madam Chair- to afford servicewomen their constitu- able of all human beings, the unborn man, I yield myself such time as I may tional right to comprehensive health child. consume. care, regardless of where they serve, we Ms. LORETTA SANCHEZ of Cali- Under this amendment, abortions continue to do them serious harm. fornia. Madam Chairman, I yield 1 could be performed in military medical Since 1989, and except for 2 years minute to the gentlewoman from Cali- facilities outside of the United States early in the Clinton administration, fornia (Mrs. TAUSCHER), one of my col- for any reason. Self-funded abortions Congress has barred a woman’s access leagues on the Committee on Armed would no longer be limited to cases in to necessary health care services at Services. which the life of the mother is in dan- overseas bases, even when paid for by Mrs. TAUSCHER. Madam Chairman, ger or in cases of rape or incest. their own funds. When I served on the I thank my colleague for yielding me Committee on Armed Services, way this time, and I rise to express my sup- b 1730 back when, I sponsored this same port for the Sanchez amendment. The gentlewoman from California amendment to restore the rights of This amendment would provide equal (Ms. LORETTA SANCHEZ) stated the rea- servicewomen serving overseas. And access to women in the military who son for offering this amendment is that before me, our colleague, the gentle- are serving overseas. Currently, women female servicemembers and dependents woman from Connecticut (Ms. who have volunteered to serve our overseas are denied equal access to DELAURO), courageously fought this country and female military depend- health care, effectively putting their battle. ents are denied their legally guaran- lives and health in harm’s way, and I have long believed that the current teed right to choose simply because that simply is wrong. In overseas coun- policy is unconstitutional and, if chal- they are stationed overseas. All mili- tries where safe and legal abortions are lenged, would be overturned as a viola- tary women, including those deployed not available, servicemembers and tion of Roe v. Wade. In practical terms, overseas, should be able to depend on their dependents have the option of the policy exposes our servicewomen their base hospitals for all of their using space-available travel for return- serving in austere locations overseas to health care needs. ing to the United States or traveling to unsanitary and unsafe medical facili- A repeal of the current ban on per- another overseas country for the pur- ties, and it requires that a woman vio- sonally funded abortions would allow pose of obtaining an abortion. late her right to privacy by requiring women access to the same range and

VerDate Jan 31 2003 02:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.125 H21PT1 H4500 CONGRESSIONAL RECORD — HOUSE May 21, 2003 quality of reproductive health care these servicewomen safe medical care Mr. RYUN of Kansas. Madam Chair- available in the United States. Most for services they are even willing to man, may I inquire how much time I importantly, the Sanchez amendment pay for. have remaining. would allow our servicewomen privacy One woman wrote to me the fol- The CHAIRMAN pro tempore (Mrs. in making this important personal de- lowing after being turned away at her BIGGERT). The gentleman from Kansas cision. Under current law, military base: ‘‘The military expects nothing (Mr. RYUN) has 10 minutes remaining, women must either go off base or must less than the best from its soldiers, and and the gentlewoman from California ask their commander for time off to I expect the best medical care in re- (Ms. LORETTA SANCHEZ) has 8 minutes travel back to the United States. turn. If this is how I will continue to be remaining. Madam Chairman, I hope we can sup- treated as a military servicemember by Mr. RYUN of Kansas. Madam Chair- port this amendment and ensure that my country and its leaders, however, I man, I am pleased to yield 1 minute to American women stationed overseas want no part of it.’’ the gentleman from Arizona (Mr. are afforded the same basic rights as I urge my colleagues to join me in FRANKs). women at home. I urge my colleagues supporting the Sanchez amendment. Mr. FRANKS of Arizona. Madam to support this critical amendment. Mr. RYUN of Kansas. Madam Chair- Chairman, I rise in opposition to this Mr. RYUN of Kansas. Madam Chair- man, I am pleased to yield 1 minute to amendment. man, I am pleased to yield such time as the gentleman from Florida (Mr. Over the last 30 years, abortion on he may consume to the gentleman WELDON). demand has left 42 million separate from Georgia (Mr. GINGREY). Mr. WELDON of Florida. Madam scars on the soul of America. Madam (Mr. GINGREY asked and was given Chairman, I thank the gentleman for Chairman, every time one took place, a permission to revise and extend his re- yielding me this time. This is now the mother’s heart was never quite the marks.) ninth time I have risen to speak same, a nameless little baby died a Mr. GINGREY. Madam Chairman, I against this amendment. tragic and lonely death, and all of the thank the gentleman for yielding me I practiced medicine in the Army for gifts that child might have brought to this time, and I rise today in strong op- 6 years before I was elected to the this world were lost forever. position to the Sanchez amendment. House of Representatives, and I was in Madam Chairman, there are many Current law prevents military facili- the Army when President Reagan ini- lying out in the field of Arlington ties located overseas from performing tially made his executive order stating today that died for a basic principle, abortions. This amendment would re- that we would no longer do abortions and that is the basic principle that we verse this ban and allow facilities in military hospitals. We in the med- are here for today, which is to compile tasked with saving and preserving the ical care community in the military amendments and laws that will protect lives of our military personnel to lit- were very pleased with this. the innocent from those that would erally becoming abortion clinics. I have talked to a lot of nurses and a desecrate their rights and their lives. Madam Chairman, I am sure that lot of doctors about this issue, and Madam Chairman, if we turn mili- most of my colleagues are aware that many of them are pro-life and they say tary clinics and hospitals into abortion the House has rejected this exact same they were very glad it was removed, clinics, we dishonor their memory; and amendment during committee and but many of them are actually pro- we say to the world that we do not floor consideration of the defense au- choice but they all say the same thing have the insight to find better ways to thorization bill in each of the last 7 to me. They say they are pro-choice, help mothers than killing their chil- years. This body has acted wisely on but I would never do an abortion. They dren for them. this misguided amendment and for say they are pro-choice, but I would Madam Chairman, I hope we will de- good reason. never assist in an abortion. And they feat this amendment. I oppose this amendment not only as were all very, very happy to get this Ms. LORETTA SANCHEZ of Cali- a member of the House Committee on out of the military medical facilities. fornia. Madam Chairman, I yield 1 Armed Services that is strongly com- This would be a step in the wrong di- minute to the gentlewoman from Colo- mitted to our national defense, but rection. It would be bad for morale. rado (Ms. DEGETTE). also as an OB-GYN physician of almost And I wholeheartedly concur with the Ms. DEGETTE. Madam Chairman, 30 years. In my career practicing medi- comments of my physician colleague, the gentleman from Kansas said not to cine, I have delivered over 5,000 babies, the gentleman from Georgia (Mr. worry, our servicewomen can exercise and I remain steadfastly committed to GINGREY). their full right of reproductive services pro-life principles. Ms. LORETTA SANCHEZ of Cali- that are legal here at home, because all Again, the primary mission of the fornia. Madam Chairman, I yield 1 they have to do is either get space military treatment center is to heal minute to the gentlewoman from Cali- available on an airplane or go to an- and protect human life, but this fornia (Ms. WOOLSEY). other country in the region where amendment seeks to overturn this mis- Ms. WOOLSEY. Madam Chairman, I abortion is legal. sion and convert these facilities into rise today in strong support of the providers of abortion instead. Sanchez amendment. Over the last few b 1745 Madam Chairman, I urge my col- months, we have voiced our support for Well, what do you say to the coura- leagues to protect the sanctity of the troops many, many times. Tax re- geous servicewomen in Iraq who might human life and oppose this Sanchez lief, loan forgiveness, and resolutions be pregnant who might not have known amendment. of support are well and good. But I they were pregnant when they left? Ms. LORETTA SANCHEZ of Cali- know of no better way to demonstrate Space available, that is not enough for fornia. Madam Chairman, I yield 1 our real support for our troops than by them. If we are forcing them into a sec- minute to the gentlewoman from Cali- finally giving women in our Armed ond trimester abortion, the health fornia (Mrs. DAVIS), another member of Forces and the wives and daughters of risks are much higher. the Committee on Armed Services. the men in our military the ability to So where are they going to go? Saudi Mrs. DAVIS of California. Madam exercise their constitutional right to Arabia? Iran? This is disrespectful to Chairman, I rise in support of the reproductive choice and reproductive our fighting women all around the Sanchez amendment. health while being stationed abroad. world. As a mother and military spouse who We routinely ask servicewomen to The problem is even greater now lived overseas during the Vietnam War, put their lives on the line in defense of when we have servicewomen in large my heart breaks when I read about the our country and our country’s ideals. numbers deployed all around the world experiences of American military That is why we must not require them in regions where abortion is not safe women who are left on their own to to put their lives on the line when and legal. So I challenge my colleagues seek reproductive health services in a seeking constitutionally protected re- who even consider voting against this foreign country. As a member of the productive services. Please join me in amendment to look into the eyes of Committee on Armed Services, I am supporting our troops by supporting these servicewomen and say to them moved to change the law and offer the Sanchez amendment. that they can fight for me, they can die

VerDate Jan 31 2003 02:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.128 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4501 for me, but they cannot make their sume to the gentleman from Arizona zations that have come out in support own reproductive health choices. (Mr. RENZI). of protecting women’s rights overseas. Mr. RYUN of Kansas. Madam Chair- Mr. RENZI. Madam Chairman, I rise College of Obstetricians and Gynecologists; man, I yield such time as he may con- in opposition to this amendment. Our The American Association of University sume to the gentleman from Pennsyl- military’s primary responsibility is to Women; National Women’s Law Center; vania (Mr. PITTS). defend American lives in every capac- American Medical Women’s Association; Mr. PITTS. Madam Chairman, I rise ity. Therefore, military hospitals Physicians for Reproductive Choice and in opposition to the Sanchez amend- should not be turned into abortion Health; The Bipartisan Pro-Choice Caucus; Planned Parenthood; and NARAL. ment which would force military med- clinics. This amendment would corrupt ical facilities to provide abortions. In the mission of our military by using Mr. RYUN of Kansas. Madam Chair- recent months, we have witnessed the military hospitals, built also by pro- man, I yield such time as he may con- courage and bravery of our men and life American taxpayers, for the pur- sume to the gentleman from New Jer- women of our Armed Forces, and they poses of performing abortions. sey (Mr. SMITH). have risked their lives in the war on Many military doctors and nurses Mr. SMITH of New Jersey. Madam terror and the war in Iraq. They have have already made it clear they will Chairman, I thank the gentleman for risked their lives in order to preserve refuse to perform abortions. Therefore, his outstanding leadership on this and extend the right to life and liberty those doctors who exercise their con- issue. at home and abroad. science clause would force the military Madam Chairman, nine out of ten U.S. military personnel aboard the to go look for, search, hire, and trans- hospitals in the United States ada- USS Comfort and in other U.S. mili- port civilian abortionists onto military mantly refuse to abort unborn chil- tary medical facilities have extended bases and hospitals overseas. In the dren, and the trend is for hospitals to hope and healing to the wounded. How past, our military has not given its war divest themselves of abortion. do we repay them? How do we thank fighters enough pay raises, and now we It is outrageous that, as hospitals in them for their sacrifice and selfless- are forced to debate whether or not to our country repudiate abortion, the ness? The Sanchez amendment would use defense dollars to search for civil- Sanchez amendment seeks to turn our repay them by forcing military med- ian abortionists in foreign countries. overseas military hospitals into abor- ical personnel to be complicit in the This amendment is a misguided at- tion mills. With all due respect to the taking of human life. It would divert tempt to insert the pro-abortion agen- gentlewoman from California (Ms. LO- precious medical resources such as da into a piece of legislation that is in- RETTA SANCHEZ), the amendment she staff time, equipment and facilities strumental to the defense of our Na- offers will result in babies being bru- away from the front lines of battle. tion. Reject this amendment to alter tally killed by abortion and will force The Sanchez amendment would pro- the purpose and obligations and tradi- pro-life Americans to facilitate and to mote bad medicine and the poor use of tions of our military hospitals. Reject subsidize the slaughter of innocent scarce taxpayer dollars. children. Abortion is the most violent form of this amendment and allow military doctors to save lives on the battlefield, We do not want any part of that car- death known to mankind, death by de- nage, and when President Clinton in capitation, dismemberment, a horrible, rather than abort them in military hospitals. the previous administration sought to horrific death. We should defeat the impose this kind of activity upon our Sanchez amendment. Ms. LORETTA SANCHEZ of Cali- fornia. Madam Chairman, I yield my- military not a single military doctor in Ms. LORETTA SANCHEZ of Cali- our overseas hospitals wanted to be a fornia. Madam Chairman, I yield my- self such time as I may consume. I would like to remind my colleagues part of it. They had to look outside the self such time as I may consume. system because they were pro-life, and Madam Chairman, I would remind that no public funds are used under they wanted to nurture and care for, Members there is a clause that doctors this amendment. The individual who provide maternal health care, prenatal do not have to perform these services if wishes to have an abortion would have they are opposed to them. We are not to pay from her own funds. health care, not the killing of those ba- making medical personnel do some- Madam Chairman, I yield 1 minute to bies. thing that they are opposed to or do the gentlewoman from New York (Mrs. Madam Chairman, let us be clear. not believe in. MALONEY). Abortion is violence against children. Madam Chairman, I yield 1 minute to (Mrs. MALONEY asked and was given Some abortion methods dismember and the gentleman from Illinois (Mr. KIRK). permission to revise and extend her re- rip apart the fragile bodies of children. Mr. KIRK. Madam Chairman, I thank marks.) Other methods chemically poison chil- the gentlewoman for her amendment Mrs. MALONEY. Madam Chairman, I dren. Abortionists turn children’s bod- and support it. American uniformed strongly urge a ‘‘yes’’ vote for the ies into burned corpses, a direct result women stationed overseas depend on Sanchez amendment which will protect of the caustic effect of salt poisoning base hospitals for their medical care, women’s health and rights overseas. and other methods of chemical abor- often situated in areas where local fa- War has just ended in Iraq and Af- tions. cilities are inadequate. We have over ghanistan, yet we still have many serv- I would say to my colleagues, there is 100,000 American women in uniform icewomen overseas who are risking absolutely nothing benign or curing or now on active duty with spouses and their lives to protect our lives and our nurturing about abortion. It is vio- dependents who depend on those base rights as U.S. citizens. One of those lence. It is gruesome. And yet the hospitals. rights is a woman’s right to choose, but apologists sanitize the awful deed with Just 3 years ago, I served as a Navy women serving effectively lose this soothing, misleading rhetoric. Abor- air crewman at the Insurlik Air Base in constitutional right at U.S. military tion methods are particularly ugly be- Adona, Turkey. The thought of sending bases where they literally cannot even cause, under the guise of choice, they one of my female colleagues to the pay for this medical procedure with turn baby girls and baby boys into dead Turkish hospital in downtown Adona their own money. baby girls and dead baby boys. for her medical care rather than in the A male member of the Armed Serv- We have had enough loss of innocent American base hospital where they ices needing medical attention receives life. Reject the Sanchez amendment. would understand her own language is the best, but a female member needing Ms. LORETTA SANCHEZ of Cali- an anathema to me. a specific medical procedure must re- fornia. Madam Chairman, I yield 1 Women who serve in our Armed turn to the United States, often at minute to the gentlewoman from Cali- Forces and wear the uniform should great expense, or go to a foreign hos- fornia (Ms. LEE). have the same rights as women in our pital which may be unsanitary and Ms. LEE. Madam Chairman, I rise country, and that is a basic principle dangerous. This is absolutely wrong. today in strong support of the Sanchez we stand for. I urge adoption of the After over 200 anti-choice votes, this is amendment and want to commend and amendment. yet another one. thank the gentlewoman for her tireless Mr. RYUN of Kansas. Madam Chair- Madam Chairman, I place in the fight for the rights of all women, in- man, I yield such time as he may con- RECORD a list of distinguished organi- cluding women serving in our military.

VerDate Jan 31 2003 02:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.130 H21PT1 H4502 CONGRESSIONAL RECORD — HOUSE May 21, 2003 It is absurd that we must come to the If it is wrong to fund abortions di- Mr. Chairman, I am happy to yield 1 floor annually to fight to repeal this rectly with taxpayer dollars, it is minute to the gentleman from Missouri unfair and discriminatory policy of de- wrong to do it indirectly as well. So I (Mr. AKIN). nying servicewomen and female mili- rise in opposition to the Sanchez Mr. AKIN. Mr. Chairman, the pro- tary dependents from using their own amendment because we ought not to do posal, of course, before us as we have money for abortions at overseas mili- indirectly what we would not be will- heard is basically going to turn our tary hospitals. At a time when many ing to do on this floor directly. Amer- overseas military medical facilities servicewomen are overseas serving in ica should continue, our military bases into abortion clinics. The point has Iraq, Afghanistan, and elsewhere, this should continue, in the disposition of been made that we allow abortions in policy is extremely cruel. American taxpayer resources to choose 50 States, but it is also clear that we We support our troops, yet we deny life. only allow abortions in one out of 10 women serving in our Armed Forces ac- b 1800 hospitals. Yet with this particular cess to vital reproductive health serv- amendment, we are going to force our ices. How patriotic is this? Military Ms. LORETTA SANCHEZ of Cali- fornia. Madam Chairman, I yield my- military hospitals to perform these women should be able to depend on abortions. This was tried before in 1993 their base hospitals for all of their self such time as I may consume. It is quite obvious to me that my col- to 1996 under President Clinton’s poli- health care services. A repeal of the league who just spoke has not recently cies, and it was rather unsuccessful. current law ban on privately funded received any type of a bill from a hos- First of all, it was very hard to find abortions would allow women access to pital, because if he would see that, he obstetricians and gynecologists sta- the same range and quality of medical would understand that even right down tioned overseas who wanted to perform care available in our own country. to the last vitamin or pill that is ad- the abortions in the first place. Very, That is why I strongly urge my col- ministered in a hospital, you are very few abortions were actually con- leagues to support the Sanchez amend- charged when you are there. So the ducted. Part of that is because there ment. cost of this would be borne by the are laws against abortion in many for- Mr. RYUN of Kansas. Madam Chair- woman and her family. eign countries, and so even there we man, I yield such time as he may con- Madam Chairman, I yield 11⁄4 minutes would not be able to do the abortion. sume to the gentleman from Indiana to the gentlewoman from Connecticut Now there is the idea, or the infer- (Mr. PENCE). (Mrs. JOHNSON), a tireless fighter with ence, that there is some necessity for Mr. PENCE. Madam Chairman, I respect to women’s reproductive issues. these abortions in military hospitals. thank the gentleman for yielding me (Mrs. JOHNSON of Connecticut asked But the necessity does not exist. This this time. and was given permission to revise and is something that can be done as an I oppose the Sanchez amendment. extend her remarks.) elective procedure. It can be done by This is one of the nights in my life that Mrs. JOHNSON of Connecticut. I people coming to our country. I regret that I am not a woman. I am thank the gentlewoman for yielding me just another white, middle-aged Repub- I would urge my colleagues to vote in this time. opposition to the amendment. lican rising to speak on the issue of Madam Chairman, I rise in strong Ms. LORETTA SANCHEZ of Cali- abortion. But I know I speak tonight support of the Sanchez amendment. fornia. Mr. Chairman, I yield 1 minute for millions of American women who This is not about abortion. I know peo- to the gentleman from Washington cherish the right to life, who believe ple differ as to whether they would (Mr. INSLEE). that abortion, as I do, is morally wrong have an abortion or anyone in their and choose not to see their taxpayer family would have an abortion. This is (Mr. INSLEE asked and was given dollars, directly or indirectly, subsidize not about that. There is no State in permission to revise and extend his re- or promote abortion at home or our entire Nation that bans the right marks.) abroad. for women in America to choose to Mr. INSLEE. Mr. Chairman, I come It truly is what we are about tonight. have a termination of a pregnancy. Not to the floor because men need to come For while I oppose abortion, and we one. It is a legal medical procedure to the floor and say that it is time to have heard passionate eloquence on the that is available to women in America end the second-class treatment of the pro-life message, I oppose the Sanchez if they are stationed in America. The proud women who are serving in our amendment because it is morally idea that we would deny our service- Armed Forces. This is fundamentally a wrong to force millions of American women this right because they are sta- debate about freedom. Because in men and women who oppose abortion tioned abroad. Have you ever walked America, the U.S. Supreme Court has at home to finance it abroad. Now the through a Chinese hospital? I have. Do said women have the freedom to make amendment of the gentlewoman from you want a wife or a daughter to have this decision. And women are treated California (Ms. LORETTA SANCHEZ) to be hospitalized to have a procedure as second-class citizens by saying they seems to acknowledge this sensitivity in a hospital whose sanitary conditions may have that freedom when they are and the fact that surveys show the are scandalous and whose people are in the United States, but once they overwhelming majority of Americans, poorly trained? That is wrong. Our leave our shores to serve us, to fight even if they support the right to an servicemen and women should have ac- for the very freedoms that we stand for abortion, do not believe that taxpayer cess to the same legal bundle of med- in America, they lose that freedom money should be used to fund it. ical procedures abroad as they have right. In fact, the gentlewoman from Cali- here. This is not a matter of taxpayer My good friend from Kansas has sug- fornia (Ms. LORETTA SANCHEZ) just dollars, either. They have to pay for it. gested that they are free to fly to Af- said, in correcting my colleague from And it is costly. Your daughter gets ghanistan for this procedure. That is a Arizona, that no public funds will be date-raped by a young soldier. You great irony. Because when a man goes used specifically for abortion, but what want her in that military hospital, in for reproductive services, he can get is obvious to anyone who would under- high quality, if she needs that preg- a vasectomy in his military hospital in stand this process is that while perhaps nancy terminated. This is cruel, it is Germany. That is fine. But we are ask- the act is not funded by the taxpayer, wrong, it is unequal; and it is not about ing our sisters and our wives and our the hospital is, the search for a physi- abortion. I support the Sanchez amend- daughters who serve proudly in the cian is, the infrastructure where the ment. Army and the Navy and the Air Force act would be conducted is. Therefore, Mr. RYUN of Kansas. Mr. Chairman, to fly to Afghanistan, a place that we taxpayer dollars will indirectly fund I yield myself such time as I may con- just went to war to try to serve women abortion at military bases overseas. sume. Let me just respond a little bit to free them from the Taliban. This is This is in violation of a basic principle to some of the comments that have a freedom matter, and we ought to sup- that you do not force millions of Amer- been made. If there is rape and incest port this amendment. icans who find the procedure of abor- involved, there is access to an abortion Mr. RYUN of Kansas. Mr. Chairman, tion morally wrong to pay for it with overseas. I want to clarify that for the I yield myself such time as I may con- their tax dollars in a coercive manner. record. sume.

VerDate Jan 31 2003 02:38 May 22, 2003 Jkt 019060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.132 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4503 Mr. Chairman, if I could clarify the democracy at work, rather than an example of tlewoman from California (Mrs. record just briefly, I am not sug- freedom suppressed. TAUSCHER) and the gentleman from gesting, nor is anyone else, that they This amendment is not about taxpayer dol- Alabama (Mr. EVERETT) each will con- have to fly to Afghanistan, but they lars funding abortions, because no Federal trol 10 minutes. have the opportunity to return to this funds would be used for these services. This The Chair recognizes the gentle- country on a space-available situation. amendment is not about health care profes- woman from California (Mrs. I do not want to see our military in- sionals performing procedures they are op- TAUSCHER). stallations turned into abortion clin- posed to, because they are protected by a Mrs. TAUSCHER. Mr. Chairman, I ics. I urge a strong ‘‘no’’ in opposition broad exemption. This amendment is about yield myself such time as I may con- to the Sanchez amendment. ensuring that all American women have the sume. Ms. LORETTA SANCHEZ of Cali- ability to exercise their Constitutional right to Mr. Chairman, I am offering an fornia. Mr. Chairman, I yield myself privacy and access safe and legal abortion amendment that addresses a dangerous such time as I may consume. services. nuclear policy provision in the defense Mr. Chairman, I close by reminding Mr. Chairman, as our Nation works to pre- bill. This amendment cuts $21 million my colleagues that this is a bipartisan serve our freedoms and democracy, now is for the robust nuclear Earth pene- issue. We have Planned Parenthood, not the time to put barriers in the path of our trator, known as the RNEP, and for NARAL, the College of OB-GYN physi- troops overseas. We know that the restriction new nuclear weapons and redirects that cians who support this amendment. I on abortion does nothing to make abortion money toward improving our conven- would like to close finally with a voice less necessary—it simply makes abortion tional capability to defeat hard and from a woman who found herself in this more difficult and dangerous. deeply buried targets. As we do this de- situation while stationed in the Army It is time to lift this ban, and ensure the fair bate today, our military does not have in Germany. She says: treatment of our military personnel. I urge pas- a requirement for nuclear bunker bust- ‘‘I chose to fly back to the States be- sage of the Sanchez amendment. ers. They do, however, need funds for cause I did not trust foreign doctors. It The CHAIRMAN pro tempore (Mr. several programs the Pentagon is pur- cost me over $800 for the trip. It would OSE). The question is on the amend- suing to improve our ability to get at have cost me more, but I went by mili- ment offered by the gentlewoman from hardened targets with conventional tary hop. Plus the $300 for the abortion, California (Ms. LORETTA SANCHEZ). weapons. not counting the fact that I had to use The question was taken; and the My amendment would provide addi- my vacation time. Luckily my trip was Chairman pro tempore announced that tional funding to these critical conven- approved in time for me to get back be- the noes appeared to have it. tional initiatives without taking the fore I reached the end of my first tri- Ms. LORETTA SANCHEZ of Cali- United States down a dangerous road mester. I can remember thinking at fornia. Mr. Chairman, I demand a re- that seeks to find new uses for nuclear the time how unfair it was that I had corded vote. weapons and crosses the line from stra- to resort to these drastic measures. The CHAIRMAN pro tempore. Pursu- tegic deterrent to offensive use. There Had I been in the States, it would have ant to clause 6 of rule XVIII, further are several reasons not to develop an not been an issue. I can remember proceedings on the amendment offered RNEP. Here are just five: being resentful of my fellow male com- by the gentlewoman from California First, it will produce massive collat- rades who were able to have (Ms. LORETTA SANCHEZ) will be post- eral damage; second, even the most vasectomies paid for by the military in poned. powerful nuclear weapons cannot de- Germany and yet I had to use my leave It is now in order to consider amend- stroy bunkers at a certain depth; third, time and my own funds to fly back to ment No. 4 printed in House Report if a bunker is filled with chemical and the U.S. for what is also a reproductive 108–120. biological agents, it is only common sense to keep them underground rather choice. Women in the military are de- AMENDMENT NO. 4 OFFERED BY MRS. TAUSCHER nied their right to control their repro- than blow them up and spread them all Mrs. TAUSCHER. Mr. Chairman, I over the place in a mushroom cloud; ductive process while abroad, although offer an amendment. men in the military enjoy the same fourth, an RNEP will cause massive The CHAIRMAN pro tempore. The casualties. Detonated in an urban area, rights abroad as they do in the States.’’ Clerk will designate the amendment. She says, ‘‘I believe it is time that it would kill tens of thousands of civil- The text of the amendment is as fol- ians. Last, developing nuclear bunker the women of this country enjoy the lows: same rights their male counterparts busters would undermine decades of enjoy, for that is what I think I was Amendment No. 4 offered by Mrs. work by the United States to prevent TAUSCHER: nonnuclear states from getting nuclear fighting for when I was stationed At the end of subtitle A of title II (page 30, there.’’ after line 7), insert the following new sec- weapons and encourage nuclear states Support the Sanchez amendment. tion: to reduce their stockpiles. Mrs. LOWEY. Mr. Chairman, I rise in strong SEC. 2ll. FUNDING REDUCTIONS AND IN- Until we have exhausted all conven- support of the Sanchez amendment, which CREASES. tional means to defeat hardened tar- would allow military women and dependents (a) INCREASE.—The amount provided in sec- gets and the military service produces stationed overseas to obtain abortion services tion 201 for research, development, test, and a current requirement for an RNEP, it with their own money. I want to thank my col- evaluation is hereby increased by $21,000,000, would be irresponsible for Congress to of which— league LORETTA SANCHEZ for her fine work on jump the gun and promote new uses for (1) $5,000,000 shall be available for Program nuclear weapons. Let us learn from his- this important issue. Element 0603910D8Z, strategic capability Over 100,000 women live on American mili- modernization; tory. Nearly half a century ago, Presi- tary bases abroad. These women risk their (2) $6,000,000 shall be available for Program dent Eisenhower rejected the Council lives and security to protect our great and Element 0602602F, conventional munitions; of Advisers who wanted a new variety powerful nation. These women work to protect and of nuclear weapons that they said the freedoms of our country. And yet, these (3) $10,000,000 shall be available for Pro- would allow the United States to fight women—for the past eight years—have been gram Element 0603601F, conventional weap- a winnable nuclear war. Eisenhower re- denied the very Constitutional rights they fight ons technology. sponded: ‘‘You can’t have that kind of to protect. (b) REDUCTION.—The amount provided in war. There just aren’t enough bull- section 3101 for stockpile research and devel- My colleagues, this restriction is un-Amer- opment is hereby reduced by $21,000,000, of dozers to scrape the bodies off the ican, undemocratic, and would be unconstitu- which— streets.’’ tional on U.S. soil. How can this body deny (1) $15,000,000 shall be derived from the fea- As we have seen in Afghanistan and constitutional liberties to the very women who sibility and cost study of the Robust Nuclear Iraq, conventional weapons can do the toil to preserve them? Mr. Chairman, as we Earth Penetrator; and job. There is no scientific, military, or work to promote and ensure democracy world- (2) $6,000,000 shall be derived from advanced strategic reason to go nuclear at this wide we have an obligation to ensure that our concepts initiative activities. time and every reason not to. I urge own citizens are free while serving abroad. The CHAIRMAN pro tempore. Pursu- my colleagues to support the Tauscher Our military bases should serve as a model of ant to House Resolution 245, the gen- amendment.

VerDate Jan 31 2003 02:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.134 H21PT1 H4504 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Mr. Chairman, I reserve the balance b 1815 Mr. EVERETT. Mr. Chairman, I yield of my time. When I was much younger than I am 3 minutes to the gentleman from Penn- Mr. EVERETT. Mr. Chairman, I yield today, someone gave me a copy of a sylvania (Mr. WELDON), a very learned 3 minutes to the gentlewoman from letter. It was from the archives from member of this committee who has New Mexico (Mrs. WILSON), a member President Roosevelt. It was from Al- great knowledge on this subject. of the committee. bert Einstein. It was a letter advising (Mr. WELDON of Pennsylvania asked Mrs. WILSON of New Mexico. Mr. President Roosevelt that in the course and was given permission to revise and Chairman, my colleague from Cali- of the last 4 months, it has been made extend his remarks.) fornia has made a strong argument for probable that it may become possible Mr. WELDON of Pennsylvania. Mr. unilateral nuclear disarmament. But to set up a nuclear chain reaction in a Chairman, I do not understand this what she has not made is a good argu- large mass of uranium by which vast amendment because we reached a com- ment for stopping our robust nuclear amounts of power and large quantities promise on the floor of the House last Earth penetrator program. Nuclear of new radium-like elements would be year, and it was not as my colleagues weapons are useful because they are generated. How history would be so dif- said, Republicans. In fact, I have the unusable. That is the nature of the nu- ferent if America had decided that we vote here. It was 243 to 172. The last clear deterrent. And the reason that we should not think about the unthink- time I checked, there are not 243 Re- are pursuing these studies and why we able. We must continue to maintain publicans in this House. And that very should reject the Tauscher amendment our weapons of mass destruction pro- carefully crafted amendment that we is because deterrence is the center of gram so that we can never be subject passed was an amendment that was what nuclear weapons are all about; it to surprise. crafted by the gentleman from South is not because we are changing the way Mrs. TAUSCHER. Mr. Chairman, I Carolina (Mr. SPRATT) and by others we plan to fight wars. Nuclear weapons yield myself such time as I may con- that said we should be allowed to con- are horrible things. Warfare is a hor- sume. tinue to do research. rible thing. But we must maintain the Unfortunately, my colleague from My colleague makes it out as if we nuclear deterrent so that we can avoid New Mexico, in an attempt to advance want to automatically build some kind those conflicts. her ‘‘more nukes is better than any of Earth penetrator and that we are We have been reducing our nuclear nukes at all’’ argument, has decided to some kind of Darth Vaders. The fact is stockpile in this country over the last degrade our existing nuclear weapons anyone who has studied the Ministry of 10 years, and we will continue to. We deterrent and kind of posit that for Atomic Energy and has watched the signed the Moscow treaty which will some reason there are people out there career of Mr. Mikhailov, who used to be bring our stockpile down to levels that that actually do not believe that we the director of that agency, when he we have not seen since the 1950s. We have the most reliable, credible, and left that agency, he came back as the have stopped advanced development safe nuclear deterrent in the world. number two person, and we put on the and research over the last 10 years and The truth is we do. We know we do, and record in committee from Mr. at the same time North Korea, Iran, we do not need new nuclear weapons to Mikhailov’s own mouth that his job Iraq, and Russia have continued their do what we know conventional weap- was to develop a whole new class of weapons development programs. Our ons can do, and we certainly do not small atomic munitions that are nu- unwillingness to research these weap- need them in a tactical battlefield en- clear. ons has not stopped anybody from de- vironment. If we follow through on the logic of veloping them themselves. Mr. Chairman, I yield 1 minute to the those like my friend from Massachu- Our potential enemies are burrowing gentleman from Massachusetts (Mr. setts, we cannot even research what in. They are putting their command MARKEY), who is the cosponsor of the the Russians are building. That has and control centers, the people with bill. nothing to do with what we want to their fingers on the trigger, in hard and Mr. MARKEY. Mr. Chairman, I thank build. We cannot even research the the gentlewoman for yielding me this deeply buried bunkers. For deterrence small weapons the Russians have said time. to work, we have to hold at risk those publicly they are building. That is out- The bunkers which the Republicans things which our potential enemies want to drop these nuclear bombs on rageous. That is outrageously stupid. value and that means holding hard and This is not about whether or not we are in the middle of Baghdad. They are deeply buried targets at risk. They are are going to nuke underground. It is in the middle of P’yongyang in North out of reach of conventional weapons. whether or not we allow our scientists Korea. These bombs, these nuclear to have the ability to do research. The They are out of reach of current nu- bombs, are bigger and more powerful amendment last year which I was able clear weapons. The robust nuclear than the bombs we dropped on Hiro- Earth penetrator program does not cre- shima. We are like those that would to broker with our side that did not ate a new nuclear weapon. It is only in- preach temperance from a barstool. We want it said we have to have very tended to explore whether you can en- cannot tell the other countries in the tightly defined limits, and we did that. case a weapon in order to allow it to world that nuclear weapons are unus- The gentleman from South Carolina penetrate before it explodes so that able if we are at the same time saying (Mr. SPRATT) was the cosponsor of you can hold that target at risk and that one can use them, that one can be that. The gentleman from South Caro- continue to deter the use of weapons of successful and that one can win if one lina (Mr. SPRATT) told me in com- mass destruction against America or drops nuclear weapons in the middle of mittee he would support that language, its allies. the most densely populated cities in and I take him at his word. The base bill includes $280 million for the world. This amendment takes all the money work in conventional weapons against We just brought Iraq to its knees in from being able to do that research. hard and deeply buried targets and 3 weeks using conventional weapons. One cannot do research without only $15 million for these programs in The signal the Republicans are sending money. The proponents of this amend- advanced development and for the ro- is that nuclear weapons are usable and ment say we can do this with conven- bust nuclear Earth penetrator pro- they are usable in the middle of cities tional weapons. We are spending in this gram. The advanced concepts program where bunkers are being built. And bill $279.6 million for conventional I think is even more important. Presi- they are wrong, and it is immoral for weapons in this area. We take away the dent Putin announced last week and our country to be taking this step. only money left, which is 15 million; confirmed what all of us have sus- Mr. EVERETT. Mr. Chairman, how and we say to the scientists the care- pected for some time: the Russians are much time remains on this side? fully crafted amendment that we did developing a new generation of nuclear The CHAIRMAN pro tempore (Mr. last year in a bipartisan manner on the weapons. It is up to the United States OSE). The gentleman from Alabama floor is okay, they are allowed; but we to avoid being surprised. That means (Mr. EVERETT) has 6 minutes remain- are not going to give them any money. to constantly study what other nations ing. The gentlewoman from California We are not going to give them any are doing so that we have a good idea (Mrs. TAUSCHER) has 51⁄2 minutes re- money. We are going to take the of what is going on. maining. money away. Cut me a break. Then say

VerDate Jan 31 2003 02:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00134 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.136 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4505 that. Say you want to prohibit the re- Alabama (Mr. EVERETT) has the right Mr. MEEHAN. Mr. Chairman, I rise search. Do not say you allow the re- to close. in support of the Tauscher-Markey search with the amendment that the Mrs. TAUSCHER. Excuse me, Mr. amendment. gentleman from South Carolina (Mr. Chairman, if it is my amendment, why As the ranking member of the Sub- SPRATT) agreed to last year, which I would the other side have the right to committee on Terrorism, Unconven- think some of the Members at least close? tional Threats and Capability, I know supported. I would assume the gentle- The CHAIRMAN pro tempore. The that the threat of weapons of mass de- woman did support that amendment. manager of the bill is in opposition to struction is real. In Iraq this country’s Did the gentlewoman support it last the amendment and has the right to military demonstrated that it can get year? close. the job done effectively against heavily Mrs. TAUSCHER. Mr. Chairman, will Mr. EVERETT. How much time re- defended bunkers and other targets the gentleman yield? mains on each side? without the use of nuclear weapons. As Mr. WELDON of Pennsylvania. I The CHAIRMAN pro tempore. The we negotiate and persuade other na- yield to the gentlewoman from Cali- gentleman from Alabama (Mr. EVER- tions around the world not to develop fornia. ETT) has 3 minutes. The gentlewoman nuclear weapons, our credibility is from California (Mrs. TAUSCHER) has Mrs. TAUSCHER. Mr. Chairman, I damaged and undermined when we pur- 41⁄2 minutes. would. But it was about the low-yield sue new types of these weapons for our Mr. EVERETT. Mr. Chairman, I re- weapons, not about the RNEP. own arsenals. We should improve our Mr. WELDON of Pennsylvania. Not serve the balance of my time. conventional capability to defend hard about the RNEP. Okay. Mrs. TAUSCHER. Mr. Chairman, I Mrs. TAUSCHER. So this is apples yield 1 minute to the gentlewoman and buried targets around the world as and oranges. from California (Ms. WOOLSEY). opposed to traveling down this dan- Mr. WELDON of Pennsylvania. Mr. Ms. WOOLSEY. Mr. Chairman, the gerous path towards increased depend- Chairman, the point is the gentle- House approved a war on Iraq because ence on nuclear weapons. It does not woman has tried to also find the mid- proponents said they were building make sense. dle ground. And I think not to allow weapons of mass destruction. Now this Mrs. TAUSCHER. Mr. Chairman, I this research by taking the money same House is on the verge of approv- yield 1 minute to the gentleman from away is a mistake because, in fact, the ing money for the United States to for- Massachusetts (Mr. MARKEY), the co- Russian Ministry of Atomic Energy has ward new nuclear weapons. How can we sponsor of the bill. announced publicly they are research- look ourselves in the mirror? America Mr. MARKEY. Mr. Chairman, last ing this area, and so have other enti- should have more honor than that. October I voted for the Bush resolution ties, other countries. North Korea is Simply put, nuclear weapons do not on Iraq. The reason I did is the Presi- doing a nuclear program. Therefore, I mean greater security, and smaller nu- dent said he wanted to stop Saddam would strongly urge my colleagues to clear weapons do not mean guaranteed Hussein from obtaining a nuclear weap- oppose this amendment and continue safety. These are the delusions that on, that we were going to stop him and to support the bipartisan compromise will ultimately lead our country and anyone else in the world from the ca- last year reinforced by our actions in our world into nuclear destruction. pacity to develop nuclear weapons. The committee. These are the ultimate weapons of message the Republicans are sending to Mrs. TAUSCHER. Mr. Chairman, I mass destruction. The Cold War is the world today is that nuclear weap- yield 1 minute to the gentleman from over, but the world still balances on ons are usable. If the Russians send nu- Missouri (Mr. SKELTON), the full com- the edge of an atomic cliff. Vote for the clear weapons to the United States, mittee ranking member. Tauscher amendment. Make sure we do shoot them at us, every Trident sub- Mr. SKELTON. Mr. Chairman, I not fall over the edge. marine we have has up to 100 nuclear thank the gentlewoman for yielding me Mr. EVERETT. Mr. Chairman, I re- weapons on it. Russia will be destroyed this time. serve the balance of my time. in 1 day. But if we use one nuclear I might say, Mr. Chairman, this is an Mrs. TAUSCHER. Mr. Chairman, I weapon in Baghdad, in Damascus, in era of increased concern about weapons yield 1 minute to the gentlewoman P’yongyang, we will send a signal to of mass destruction. This amendment from California (Ms. LEE). dozens of countries in the world that includes a very prudent approach for Ms. LEE. Mr. Chairman, I thank the nuclear weapons are usable, and that enhancing our Nation’s ability to hold gentlewoman for yielding me this time. will destroy our moral and political at risk deeply buried targets. Addi- I rise in strong support of the credibility to end the spread of weap- tional investments in conventional re- Tauscher-Markey amendment. I thank ons of mass destruction, especially nu- search and conventional development the gentlewoman for her leadership. clear weapons, on this planet. This is are needed, particularly in the areas of This Nation does not need to be leading the most important vote we are going improved targeting and improved plan- the world in the development of new to have, and I urge an ‘‘aye’’ vote on ning. Smart fuses, guidance tech- forms of nuclear weapons. We just do the Tauscher amendment so that we nology, that is what this amendment not need to do that. We need to be lead- fulfill the commitment of those who proposes. ing the way in nonproliferation. Nu- voted on the resolution to support a Mr. Chairman, I have spoken with clear weapons are not simply one more war with Iraq in order to stop the professionals in both our scientific and tool at the President’s disposal. They spread of nuclear weapons. national security communities, includ- are the foremost most fearsome and Mr. EVERETT. Mr. Chairman, I con- ing B–2 bomber pilots, and I have most destructive force ever invented, tinue to reserve the balance of my learned one truth: the key to defeating and the proliferation of these weapons time. hard deeply buried targets lies more in of incredible mass destruction make us Mrs. TAUSCHER. Mr. Chairman, can accuracy and penetration rather than less secure each and every day. I ask how much time I have. the inherent explosive capability. That How do we support the elimination of The CHAIRMAN pro tempore. The is why I think it is prudent to adopt weapons of mass destruction in foreign gentlewoman has 30 seconds. countries such as Iraq, yet continue to this amendment, continue research on b 1830 the conventional as opposed to the nu- develop them in our own country? clear. Something is really wrong with this Mrs. TAUSCHER. Mr. Chairman, I Mr. EVERETT. Mr. Chairman, I un- picture. We all believe in national se- yield myself such time as I may con- derstand that this side has the right to curity. We all believe in a strong and sume. close? effective national defense. But building Mr. Chairman, we know that the sci- The CHAIRMAN pro tempore. The nuclear weapons is not the answer. I entific and military community have gentleman is correct. urge the Members to support the said consistently that there are three Mrs. TAUSCHER. I think I do. It is Tauscher-Markey amendment. things needed to defeat deeply hard- my amendment, I think, Mr. Chairman. Mrs. TAUSCHER. Mr. Chairman, I ened and buried targets. They are in- The CHAIRMAN pro tempore. The yield 1 minute to the gentleman from telligence, precision targeting and Spe- Chair is informed the gentleman from Massachusetts (Mr. MEEHAN). cial Operations forces. They never said

VerDate Jan 31 2003 02:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.137 H21PT1 H4506 CONGRESSIONAL RECORD — HOUSE May 21, 2003 the word ‘‘nuclear.’’ There is no need States, and that if we would just set a It is now in order to consider Amend- for us to rush to judgment. There cer- good example, the Saddam Husseins ment No. 5 printed in House Report tainly is no reason for us to provide and the Kim Jong Ils and even the 108–120. money for something that the military Putins would fall right in line, that the AMENDMENT NO. 5 OFFERED BY MR. HOEFFEL has not asked for. United States is the problem. Mr. HOEFFEL. Mr. Chairman, I offer Mr. Chairman, I urge my colleagues We have heard that line of argument an amendment. to support the Tauscher amendment, before, and I would suggest that his- The CHAIRMAN pro tempore. The to make sure we move the money from tory has proven it wrong time and time Clerk will designate the amendment. nuclear weapons to conventional weap- again. The problem is not American The text of the amendment is as fol- ons so we can defeat these targets. strength. The problem is not the lows: United States having additional op- Mr. Chairman, I yield back the bal- Amendment No. 5 offered by Mr. HOEFFEL: ance of my time. tions. We are not the problem. Peace At the end of title X (page 333, after line Mr. EVERETT. Mr. Chairman, I yield comes when America is strong and 21), insert the following new section: myself such time as I may consume. when America has additional options. SEC. ll. REPORT CONCERNING STRATEGIC NU- Mr. Chairman, what has not been This bill gives us the ability to at least CLEAR WARHEADS DISMANTLED mentioned is this takes $6 million start to explore those options, and this PURSUANT TO THE TREATY BE- TWEEN THE UNITED STATES OF away from the Advanced Concepts Ini- amendment should be rejected. AMERICA AND THE RUSSIAN FED- tiative, one of our few remaining weap- Mr. DICKS. Mr. Chairman, I rise in support ERATION ON STRATEGIC OFFENSIVE on systems with designers with actual of this amendment for two reasons. Conven- REDUCTIONS. test experience left. Keeping this tional precision guided munitions are a better Not later than 60 days after the exchange money in there will give them time to technical solution than the Robust Nuclear of instruments of ratification of the Treaty Between the United States of America and train a new generation of designers be- Earth Penetrator for hardened and deeply bur- ied targets, and because the fallout, both figu- the Russian Federation on Strategic Offen- fore they retire. sive Reductions or 60 days after the date of Mr. Chairman, I yield the balance of rative and literal, from the use of nuclear the enactment of this Act, whichever occurs my time to the gentleman from Texas weapons will make the Robust Nuclear Earth last, and on February 15 of each subsequent (Mr. THORNBERRY). Penetrator an expensive showpiece rather year, the President shall submit to Congress Mr. THORNBERRY. Mr. Chairman, than a usable weapon. If we start this program a report concerning any strategic nuclear let me begin by making two points as it is more likely to be simply A BUST, rather warheads dismantled within the boundaries completely clear as I can: than RO-BUST. of the treaty during the preceding calendar Number one, it is not a choice be- I’ve had the opportunity to visit this Spring year and any such warheads to be dismantled with the 509th Bomb Wing at Whiteman Air in that calendar year, pursuant to such trea- tween attacking hardened targets with ty. During the one-year period beginning on a conventional or a nuclear capability. Force Base. The 509th operates the 21 B–2 bombers that constitute the most advanced the date of the exchange of instruments of There is nearly $300 million in this bill ratification of such treaty, any such report to explore conventional capabilities. and effective weapons in the United States shall not include information concerning any The question is, should we explore military arsenal. These were the pilots who dismantling of warheads during the pre- other options as well? So it is false to were assigned the mission in Iraq to attack the ceding calendar year. say there is a choice. very kinds of targets we are discussing today, The CHAIRMAN pro tempore. Pursu- Secondly, this bill does not authorize hardened and deeply buried targets. I can tell ant to the rule, the gentleman from any kind of new nuclear weapon. That you that the 509th today can attack, disable, Pennsylvania (Mr. HOEFFEL) and a has to be for future Congresses and fu- and destroy, these targets. The 509th employs Member opposed each will be recog- ture administrations to consider. What a penetrating version of the JDAM, as well as nized for 5 minutes. this bill does is try to remove firewalls a 5000 lb. bunker buster. These weapons al- Mr. EVERETT. Mr. Chairman, I which prevent us from even exploring ready beat the ground penetration capability of claim the time in opposition to the whether a different kind of nuclear any nuclear weapon in our arsenal, and new amendment, but I will not oppose the weapon can help make us safer. Those capabilities will do even more. The B–2 will amendment. We will accept the gentle- who advance this amendment say we soon be able to employ the EGBU–28 bunker man’s amendment. do not even want to think about it, do buster thanks to support in Congress to field The CHAIRMAN pro tempore. With- not even consider the possibilities. this capability. And advanced research of bi- out objection, the gentleman from Ala- nary warhead weapons and the use of con- It seems to me that if anyone is bama (Mr. EVERETT) will be recognized going to rush to judgment, as the gen- ventional highly energetic materials will yield for 5 minutes. tlewoman from California said, it even more effective approaches for conven- There was no objection. would be those who support this tional alternatives. The CHAIRMAN pro tempore. The Indeed, the Tauscher amendment would amendment, that say under no cir- gentleman from Pennsylvania (Mr. add funding to three program elements of the cumstances are we ever going to have HOEFFEL) is recognized. Air Force and OSD R&D budgets which are any kind of nuclear deterrent, other Mr. HOEFFEL. Mr. Chairman, I yield working on just these conventional ground than what we had during the Cold War. myself such time as I may consume. penetration approaches. I believe these con- The challenge, Mr. Chairman, is that Mr. Chairman, I rise to offer this ventional capabilities offer technical solutions all we have now are nuclear weapons amendment to require the President to not just equal to, but superior to those offered that were specifically designed to deal make an annual report to Congress and by even so-called ‘‘low-yield’’ nuclear ap- with Soviet Union targets, and there is to the American people on the number proaches. of nuclear warheads that are disman- a real question about whether a num- Vote for the Tauscher amendment and sup- tled each year by either the Americans ber of folks in the world would take port the development of weapons our military or by the Russians under the terms of that kind of nuclear deterrent seri- can really use. ously, whether we would ever use the The CHAIRMAN pro tempore (Mr. the Moscow Treaty. kind of weapons the gentleman from OSE). All time has expired. Mr. Chairman, one of the most press- Massachusetts was discussing on a The question is on the amendment ing issues we face is the question of nu- much more limited, smaller kind of offered by the gentlewoman from Cali- clear nonproliferation. A year ago, target. fornia (Mrs. TAUSCHER). Presidents Bush and Putin signed the The point is not, hopefully, that we The question was taken; and the Moscow Treaty, the Treaty on Stra- would ever use them. The question is Chairman pro tempore announced that tegic Defensive Reductions. It is a good people know we would never use these the noes appeared to have it. treaty and is good for this country. It big weapons, and, therefore, they do Mrs. TAUSCHER. Mr. Chairman, I is only three pages long, however, quite not take our credibility seriously. That demand a recorded vote. a change from the 900-page START makes the world more dangerous. The CHAIRMAN pro tempore. Pursu- treaties of prior negotiations. It is an interesting line of argument ant to clause 6 of rule XVIII, further It does not establish a timetable for to say that we make the world safer proceedings on the amendment offered implementation. It lacks verification. when we tie our hands behind our back, by the gentlewoman from California But the most striking change that I that the problem is with the United (Mrs. TAUSCHER) will be postponed. think we need to address is that there

VerDate Jan 31 2003 02:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.140 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4507 is no requirement that the warheads The amendment was agreed to. citizens to be tried for alleged war that are reduced from the 5,000 or 6,000 The CHAIRMAN pro tempore. It is crimes and alleged crimes against hu- that each side currently possesses now in order to consider Amendment manity. These cases, coming under the down to 1,700 or 2,000, there is no re- No. 6 printed in House Report 108–120. so-called concept of ‘‘universal juris- quirement that those warheads be dis- AMENDMENT NO. 6 OFFERED BY MR. GOSS diction,’’ are cases that are usually mantled. They could be retired, put Mr. GOSS. Mr. Chairman, I offer an filed in support of radical anti-Ameri- into a closet someplace and brought amendment. canism for strictly political reasons back on a moment’s notice. The CHAIRMAN pro tempore. The that can create, unfortunately, serious I think it is in the best interests of Clerk will designate the amendment. obstacles for our officials to go about this country that those warheads be The text of the amendment is as fol- the conduct of their proper official dismantled and that the President lows: business overseas. make an annual report to the Congress Amendment No. 6 offered by Mr. GOSS: From the perspective of our national on how many of those warheads are At the end of title XII (page 384, after line security, the United States cannot af- being dismantled, both by this country 3), insert the following new section: ford to have our military commanders and by the other side, so that Congress SEC. ll. REPORT ON ACTIONS THAT COULD BE TAKEN REGARDING COUNTRIES hindered while accomplishing the ac- can, through that mechanism, verify THAT INITIATE CERTAIN LEGAL AC- tions we ask of them necessary to en- the progress and verify that the disar- TIONS AGAINST UNITED STATES OF- sure the safety of Americans. For ex- mament is occurring. FICIALS. ample, our General Tommy Franks, of Mr. Chairman, I reserve the balance (a) FINDING.—Congress finds that actions whom we are so proud, commander of for or on behalf of a foreign government that of my time. our military forces in Iraq, has now a Mr. EVERETT. Mr. Chairman, I re- constitute attempts to commence legal pro- ceedings against, or attempts to compel the ridiculous lawsuit filed against him serve my time. that alleges violations of international Mr. HOEFFEL. Mr. Chairman, I yield appearance of or production of documents law. 1 minute to the gentleman from Massa- from, any current or former official or em- ployee of the United States or member of the Should the Belgium court system, chusetts (Mr. MARKEY), a leader in non- Armed Forces of the United States relating where this case is filed, decide to try proliferation issues. to the performance of official duties con- this case, General Franks risks being Mr. MARKEY. Mr. Chairman, I would stitutes a threat to the ability of the United unable to travel to Brussels, the loca- like to use that 1 minute to com- States to take necessary and timely military tion of NATO headquarters, due to the pliment the gentleman from Pennsyl- action. threat of prosecution. vania (Mr. HOEFFEL) for his amend- (b) REPORT.—Not later than 60 days after This amendment calls for a quick ment and the gentleman from Alabama the date of the enactment of this Act, the Secretary of Defense shall submit to Con- study by DOD to report to Congress on (Mr. EVERETT), because we clearly have gress a report on appropriate steps that appropriate actions that could be a meeting of the minds here that there could be taken by the Department of Defense taken when any country provides for should be an ongoing accounting of (including restrictions on military travel and encourages extra-legal actions what is going on in the area of disman- and limitations on military support and ex- against United States officials doing tling of these weapons in the former change programs) to respond to any action their proper business under some type Soviet Union. by a foreign government described in sub- The gentleman from Pennsylvania section (a). of so-called ‘‘universal jurisdiction.’’ We are not about to compromise our (Mr. HOEFFEL) I think has put his fin- The CHAIRMAN pro tempore. Pursu- sovereignty, especially for our fighting ger on a very real defect that exists in ant House Resolution 245, the gen- forces protecting our freedoms on the the current system. By ensuring that tleman from Florida (Mr. GOSS) and a battlefields overseas, nor should we there will be an accounting scheme Member opposed each will control 10 tolerate or award the abuse of other that is put into place, I think that we minutes. nations’ judicial systems in order to are going to be able to much more The CHAIRMAN pro tempore. Does create obstacles for our troops and offi- quickly advance the goal of nuclear any Member seek the time in opposi- cials. American officials safeguarding nonproliferation. tion? I thank the gentleman for making Mr. SKELTON. Mr. Chairman, I our liberties on foreign soil must know his very important amendment. claim the time in opposition. As far as that they can count on the rights that Mr. HOEFFEL. Mr. Chairman, I yield I know, there is no opposition. we as American citizens hold dear to be myself such time as I may consume. The CHAIRMAN pro tempore. With- able to accomplish what we are asking Mr. Chairman, I would like to thank out objection, the gentleman from Mis- them to undertake. the gentleman for his kind comments souri is recognized for 10 minutes. This would seem to be a frivolous and simply close by in turn thanking There was no objection. matter, except it has been picked up by the gentleman from Alabama (Mr. The CHAIRMAN pro tempore. The the press around the world and is be- EVERETT) and the majority side and Chair recognizes the gentleman from coming somewhat of a celebrated case. majority staff for their cooperation on Florida (Mr. GOSS). I now am going to quote from BBC this amendment and for their coopera- Mr. GOSS. Mr. Chairman, I yield my- news that says, ‘‘The action against tion on this issue. I am glad that there self such time as I may consume. General Franks is likely to be a test of is bipartisan agreement, and I salute Mr. Chairman, we are living in a recent revisions to the law in Brussels the gentleman from Alabama (Mr. world that we all know has been trans- following high-profile cases brought EVERETT) and thank him for his co- formed very dramatically by the threat against the Israeli Prime Minister operation. of rogue states, terrorist organizations, Ariel Sharon and the former U.S. Mr. Chairman, I yield back the bal- and Lord knows we are definitely President George Bush, Sr.’’ ance of my time. aware of it today. BBC goes on to say that the plaintiff Mr. EVERETT. Mr. Chairman, I yield There are new costs involved in ev- in the case, the lawyer who is running myself such time as I may consume. eryday life and new cautions we must for political office, I would point out, Mr. Chairman, I would just simply heed to keep Americans safe. This is has told reporters, ‘‘General Franks is point out, as the gentleman from Penn- the reality of life today. responsible as commander-in-chief for sylvania recognized in his statement, One thing that must remain constant the way some of his men acted on the that the treaty does not require this is our ability to ensure that our sol- ground. For instance, the use of cluster actual dismantling to take place, only diers, our diplomats, our public offi- bombs on civilian areas is a war that they are removed from deploy- cials, no matter whether they are in crime.’’ ment. uniform or not, no matter where they I think that everybody would agree Mr. Chairman, I yield back the bal- are located, they must serve under the with that, but there is no proof. It is an ance of my time. honorable and meaningful protection of allegation, and, of course, it is an out- The CHAIRMAN pro tempore. The the flag of the United States of Amer- rage, because General Franks did no question is on the amendment offered ica. such thing. by the gentleman from Pennsylvania This protection is currently threat- The quote goes on to say that the (Mr. HOEFFEL). ened by any country that allows U.S. suit also names Marine Lt. Colonel

VerDate Jan 31 2003 02:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.142 H21PT1 H4508 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Brian McCoy, who is accused of catego- certain we could win this vote now to- correct place? Is it located in a central- rizing the ambulances as legitimate night, I am going to ask for a recorded ized area both conducive and friendly targets because he suspected them of vote tomorrow when the appropriate to all members of NATO? harboring gunmen, so said, I guess, moment comes. It is the responsibility of Congress to AFP, in this case Agency French Press. Mr. Chairman, I yield back the bal- conduct necessary oversight in this ance of my time. matter. NATO is expanding its mem- b 1845 Mr. SKELTON. Mr. Chairman, I yield bership to include seven countries from When we start taking a look at the back the balance of my time. Eastern and Central Europe. This, of notoriety that these allegations are The CHAIRMAN pro tempore (Mr. course, is in addition to the inclusions bringing to our honorable men and OSE). The question is on the amend- of Poland, Hungary, and the Czech Re- women in uniform overseas, we can see ment offered by the gentleman from public a few years ago. I would say that that we are beginning to have a prob- Florida (Mr. GOSS). Members of this body have been very lem. The question was taken; and the instrumental in assisting for the Going back further to how this hap- Chairman pro tempore announced that growth and enlargement of NATO to pened, we look to some of the press, the ayes appeared to have it. become an even more meaningful orga- and I am now quoting from the Seattle Mr. GOSS. Mr. Chairman, I demand a nization doing even more meaningful Press Intelligencer: ‘‘In response to a recorded vote. things today. global groundswell of demand discern- The CHAIRMAN pro tempore. Pursu- I think all of this reflects the bur- ible only to the Belgians, the Belgians ant to clause 6 of rule XVIII, further geoning wave of democracy and free- awarded themselves the power to try proceedings on the amendment offered dom that is actually sweeping through anyone for war crimes committed any- by the gentleman from Florida (Mr. that region. Those folks are looking to where.’’ That is what we are con- GOSS) will be postponed. us for leadership and assistance in fronting. ‘‘Franks is charged with the It is now in order to consider amend- their defense, and NATO understands bombing of civilians, indiscriminate ment No. 7 printed in House Report this trend. So the question arises, shooting by U.S. troops, and the failure 108–120. would a more centralized location of to stop looting. McCoy is charged with AMENDMENT NO. 7 OFFERED BY MR. GOSS NATO headquarters enhance NATO’s ordering troops to fire on ambulances.’’ Mr. GOSS. Mr. Chairman, I offer an effectiveness? These are charges that are being amendment. NATO’s mission is also adapting to waved about, as I say, in the press, The CHAIRMAN pro tempore. The the current geopolitical conditions. both at home and internationally, Clerk will designate the amendment. NATO is in fact a peacekeeper. Its ca- without any kind of responsible person The text of the amendment is as fol- pabilities are a great asset to us and to standing up and saying that this is lows: others, and a more centralized head- hogwash and absurd; and it is time that Amendment No. 7 offered by Mr. GOSS: quarters might indeed facilitate the happened. I think the best way to do it At the end of title XII (page 384, after line 3), insert the following new section: shifting tasks that NATO is under- is this amendment. SEC. ll. ASSESSMENT AND REPORT CON- taking. Mr. SKELTON. Mr. Chairman, will CERNING THE LOCATION OF NATO Let me be clear: NATO is a vital, in- the gentleman yield? HEADQUARTERS. tegral component of our global secu- Mr. GOSS. I yield to the gentleman (a) ASSESSMENT.—The Secretary of Defense rity system. It must continue to func- from Missouri. shall conduct a full and complete assessment tion with strength and effectiveness in Mr. SKELTON. Mr. Chairman, I of costs to the United States associated with this century. I am a very big proponent would say to the gentleman from Flor- the location of the headquarters of the North Atlantic Treaty Organization (NATO) in of NATO. I am a member of the House ida, we have examined the amendment. Brussels, Belgium, and the costs and benefits NATO Parliamentarians Group. I have I find no objection to it. As far as I of relocating that headquarters to a suitable been many, many times to those meet- know, there is no opposition to it. location in another NATO member country, ings across the pond. Mr. GOSS. I thank the distinguished including those nations invited to join NATO Our group is masterfully led by our gentleman. I would certainly hope at the Prague summit in 2002. The Secretary colleague, the gentleman from Ne- there is support for it. shall conduct such assessment in consulta- braska (Mr. BEREUTER). It is bipar- Mr. HUNTER. Mr. Chairman, will the tion with the Secretary of State. tisan. It is a wonderful reflection of the gentleman yield? (b) REPORT TO CONGRESS.—Not later than 180 days after the date of the enactment of United States of America and the Mr. GOSS. I yield to the gentleman this Act, the Secretary of Defense shall sub- working relationship with our allies on from California. mit to Congress a report of the findings of important and, in fact, critical na- Mr. HUNTER. Mr. Chairman, let me the assessment under subsection (a). tional security problems; and it is car- say that I am so glad that the distin- The CHAIRMAN pro tempore. Pursu- ried out brilliantly through the NATO guished chairman of the Permanent Se- ant to House Resolution 245, the gen- parliamentarians organization, of lect Committee on Intelligence has tleman from Florida (Mr. GOSS) and a which the gentleman from Nebraska brought this amendment, because this Member opposed each will control 10 (Mr. BEREUTER) is currently the presi- goes to the very heart of the purpose of minutes. dent. our operation in Iraq, the honor with The Chair recognizes the gentleman So this is not about NATO; it is which we conducted this operation, the from Florida (Mr. GOSS). about the best location for NATO integrity of our leadership, and what I Mr. GOSS. Mr. Chairman, I yield my- under the circumstances of the time. would call perhaps a backbiting re- self such time as I may consume. This amendment simply calls for a sponse from certain elements in the Mr. Chairman, we all understand the study by DOD of the costs associated international community, and, lastly, geopolitical climate has changed tre- with the current location of NATO’s an appropriate response from the mendously in the last couple of years. headquarters and the potential costs United States, which is suggested by Ruthless dictatorships have come and and benefits of relocating the head- the gentleman. gone, democratic nations have contin- quarters to another location in Europe. So I think that the gentleman’s ued to thrive, and many challenges This study should reflect the geo- amendment is right on point, and I will continue to confront us. political realities that exist today, in- work with my partner, the gentleman Many challenges have been met by cluding especially the need to econo- from Missouri (Mr. SKELTON), to see to the United States with the help of mize on our military overhead and our it that this amendment becomes law. steadfast allies in coalitions and stead- military and administrative costs, and Mr. GOSS. Reclaiming my time, Mr. fast allies in NATO. As the global evo- reduce those where possible, and, of Chairman, I am most thankful to the lution continues, it is prudent to pose course, get rid of as much red tape as distinguished chairman of the com- some topical questions, particularly as is possible. mittee for that statement. I would ad- we are doing this defense authorization So there are a bunch of reasons to vise Members that I think this is an bill. talk about centralizing NATO head- issue that most Members would like to One of those topical questions should quarters, with the encouragement of be heard on, so while I am relatively be, is NATO now headquartered in the stability and democratic government

VerDate Jan 31 2003 02:46 May 22, 2003 Jkt 019060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.144 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4509 in Eastern Europe not the least among tank. In the old days, there were doz- (b) CONFORMING AMENDMENT.—The table of them. ens of divisions of Warsaw Pact mili- sections at the beginning of chapter 41 of There is also, of course, the matter of tary units on the other side of the such title is amended by striking the item the ‘‘universal jurisdiction’’ law prob- Fulda Gap. That is why we had a heavy relating to section 714. lem in Belgium that we have recently military presence in Germany. That The CHAIRMAN pro tempore. Pursu- spoken about that has an unnecessarily presence is not there now. ant to House Resolution 245, the gen- chilling impact on military hospi- So this is a second question, but not tleman from New Jersey (Mr. SAXTON) tality. I am sorry to say that. totally unlike the question the gen- and a Member opposed each will con- I note that even General Myers has tleman is asking, because whereas we trol 5 minutes. gotten up, and I would quote from the might want to move out of Brussels for The Chair recognizes the gentleman Chicago Sun-Times: ‘‘General Richard altogether different purposes than from New Jersey (Mr. SAXTON). Myers, chief of the U.S. General Staff, moving out of Germany, the recep- Mr. SAXTON. Mr. Chairman, I yield intervened in the argument with Bel- tivity of other nations at alternate myself such time as I may consume. gium,’’ it has gotten to that level, sites is a major issue with both amend- This amendment will repeal the stat- ‘‘after American officials expressed ments. utory requirement that an officer in fears that the Belgian war crimes laws Once again, we are putting some our Armed Forces, in order to be se- would expose NATO officers to the risk money in the bill for doing some pre- lected for assignment as the Defense of arrest.’’ This is a serious problem, liminary military work, things like Attache´ to France, must hold the rank and, of course, totally unnecessary. runways and things like that, in Po- of brigadier general, or, in the case of I think the question we should ask land and Bulgaria and Romania, three a Navy officer, rear admiral lower half. that the chairman of the committee of the nations from what Don Rumsfeld The Department of Defense included and I have talked about is are we get- called, maybe with justification, the the repeal of this requirement as part ting the best bang for the buck from new Europe. of their budget request for fiscal year Brussels? I think that it is time for I want to thank the gentleman for 2004, and there is no justification for DOD to take a look at that. Remember, his contribution. Let me tell the gen- continuing this statutory mandate, in NATO was supposed to start in Paris. tleman, I would certainly, and I want my opinion. It did not fit in Paris, so it ended up in to hear what my ranking member has The adoption of this amendment will Brussels. Maybe it does not fit in Brus- to say, because he is such an expert in not prevent our military attache´ in sels today and it should end up some- these areas, but I think this is an ex- Paris from being a brigadier general or where else. This is what this is about. cellent amendment. a rear admiral; rather, it will only re- Mr. HUNTER. Mr. Chairman, will the Mr. GOSS. I thank the distinguished move the requirement that they be of gentleman yield? gentleman. that rank. It will permit the Depart- Mr. GOSS. I yield to the gentleman Mr. SKELTON. Mr. Chairman, will ment of Defense greater flexibility in from California. the gentleman yield? making their decisions to assign offi- Mr. GOSS. I yield to the gentleman Mr. HUNTER. Mr. Chairman, I appre- cers to that position. ciate the gentleman bringing this from Missouri. Mr. SKELTON. Mr. Chairman, I Most importantly, adoption of this amendment to the floor. I think his think, frankly, this is a good amend- amendment will end the unnecessary question is right on point: Are we get- ´ ment, for two reasons. requirement that our military attache ting the best bang for the buck in Brus- The first is it calls for an assessment to France be of a higher rank than our sels? We are getting something in Brus- by the Secretary of Defense, in con- military attache´s everywhere else in sels, but it is not effective leadership. I sultation with the Secretary of State, the world. The United States has 135 think he has asked a question that has because this is a diplomatic as well as defense attache´ positions in our embas- to be answered. a military organization. sies around the world. Of those 135, In fact, I have an amendment coming Secondly, it would be up to the North only three, those of France, Russia, up here shortly that asks the President Atlantic Treaty Organization to make and China, are officers that hold the to evaluate our total footprint in Eu- any final decision, but information rank of brigadier general or rear admi- rope with an eye towards perhaps re- such as cost that this amendment is ral. placing that footprint. aimed at I think is good information. Our attache´ to France is the only I have been looking at some of the So I find myself in agreement with it. military attache´ whose rank is man- cost of living and also the hospitality Mr. GOSS. Mr. Chairman, I want to dated by law in title 10. Accordingly, of other nations. One of those new na- thank both distinguished leaders of the France is the exception to the rule. tions is a nation that helped the United very important Committee on Armed The requirement that our military States in Iraq, Poland. Poland has a Services for their support and under- attache´ to France be a brigadier gen- cost of living that is much lower than standing of these amendments. eral is not consistent with our military that in Brussels, so presumably our Mr. Chairman, I yield back the bal- attache´s to other nations. people, uniformed and nonuniformed, ance of my time. b 1900 who live there will be able to live bet- The CHAIRMAN pro tempore. The ter on military pay than they do in question is on the amendment offered Today I believe we all need to ques- Brussels. It would not be bad, I think, by the gentleman from Florida (Mr. tion whether it is appropriate to man- for military folks to be in an environ- GOSS). date that our military attache´ to ment, which they would be in Poland, The amendment was agreed to. France be of a higher rank than every- with a nation that has just stood side The CHAIRMAN pro tempore. It is where else in the world. by side with us on a battlefield in the now in order to consider amendment Under President Jacques Chirac, world. No. 8 printed in House Report 108–120. France actively opposed the United There are no words as eloquent as ac- AMENDMENT NO. 8 OFFERED BY MR. SAXTON States and our allies in the recent war tions. The actions of that force, and it Mr. SAXTON. Mr. Chairman, I offer with Iraq. The French government used was not a big force, but it was about an amendment. all of its influence to prevent the re- 200 special operators that participated The CHAIRMAN pro tempore. The moval of Saddam Hussein from power in Iraq, impressed me greatly and I Clerk will designate the amendment. and hindered our efforts to enforce think would impress the President. The text of the amendment is as fol- United Nations Security Council Reso- The other aspect of this, since the lows: lutions that required the removal of gentleman has opened this debate and Amendment No. 8 offered by Mr. SAXTON: weapons of mass destruction from his this issue, is I am going to bring up the At the end of subtitle B of title V (page 91, possession. By doing so, France failed fact in my amendment that we have after line 16), insert the following new sec- to accept its responsibilities and delib- tion: 72,400 American uniformed personnel in erately acted counter to the national SEC. 514. REPEAL OF REQUIRED GRADE OF DE- Germany. We did an entire hearing on FENSE ATTACHE´ IN FRANCE. security interests of the United States. this footprint. There is nobody on the (a) IN GENERAL.—Section 714 of title 10, In NATO, France does not fully partici- other side of the Fulda Gap with a United States Code, is repealed. pate in the Organization’s integrated

VerDate Jan 31 2003 04:56 May 22, 2003 Jkt 019060 PO 00000 Frm 00139 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.147 H21PT1 H4510 CONGRESSIONAL RECORD — HOUSE May 21, 2003 military command, yet we require that The CHAIRMAN pro tempore. Pursu- As we stand here, the strategic land- our military attache´ to Paris be of a ant to clause 6 of rule XVIII, further scape facing the United States is a lot higher rank than all of our attache´s in proceedings on the amendment offered different than it was just a couple of NATO member countries. We thus pro- by the gentleman from New Jersey years ago. After September 11, 2001, we vide France with a status not in line (Mr. SAXTON) will be postponed. embarked on a global war on terrorism, with its NATO responsibilities. It is now in order to consider amend- and since that day we have engaged in I find it entirely inappropriate that ment No. 9 printed in House Report two successful campaigns in Afghani- we have mandated that our military 108–120. stan and Iraq. In doing so, we removed ´ attache to France be a higher rank AMENDMENT NO. 9 OFFERED BY MR. HUNTER one of the major contingencies that ´ than military attaches to nations such Mr. HUNTER. Mr. Chairman, I offer served as a basis for force planning dur- as Great Britain, who never balked at an amendment. ing most of the 1990s. fighting side by side with us in our war The CHAIRMAN pro tempore. The In the wake of these events, it is on terrorism. Clerk will designate the amendment. clear that we need to evaluate our As the position of defense attache´ to The text of the amendment is as fol- military posture. Across the globe, and France is now vacant, the repeal of the lows: particularly in Europe, we remain de- statute would have no impact on an in- ployed much as we were at the end of cumbent, and this is the perfect oppor- Amendment No. 9 offered by Mr. HUNTER: At the end of title XII (page 384, after line the Cold War and, in some instances, tunity to bring consistency to our mili- 3), insert the following new section: much the same as at the end of World ´ tary attache postings. War II. The time has come to adapt our Mr. Chairman, I urge support for this SEC. ll. SENSE OF CONGRESS ON REDEPLOY- MENT OF UNITED STATES FORCES global posture in order to meet the amendment. IN EUROPE Mr. Chairman, I reserve the balance challenges of new era, not to meet (a) FINDINGS.—Congress makes the fol- of my time. those of an era gone by. lowing findings: Earlier this year, General Jones, the Mr. SKELTON. Mr. Chairman, I (1) In March 1999, in its initial round of ex- claim the time in opposition to this pansion, the North Atlantic Treaty Organi- commanding general of U.S. European amendment. zation (NATO) admitted Poland, the Czech command, outlined his thoughts re- Mr. Chairman, I yield myself such Republic, and Hungary to the Alliance. garding the change of our nature and time as I may consume. (2) At the Prague Summit on November 21– presence in Europe from a garrison It not only makes the law consistent 22, 2002, the NATO heads of state and govern- force to what he called an expedi- with the rest of the statutes regarding ment invited the countries of Bulgaria, Esto- tionary force. Under this concept, U.S. the qualifications for an attache´ which nia, Latvia, Lithuania, Romania, Slovakia, military units would rotate overseas and Slovenia to join the Alliance. on a periodic basis, rather than be per- should have been done some time ago, (3) The countries admitted in the initial I think it also sends a message to that round of expansion referred to in paragraph manently stationed in Europe. Our country regarding recent activities in- (1) and the seven new invitee nations re- bases in Europe would become in Gen- sofar as expectations and friendship go. ferred to in paragraph (2) will in combination eral Jones’ words ‘‘lily pads,’’ bases I must tell you how disappointed I am significantly alter the nature of the Alli- from which our forces would deploy to in that country regarding that. But, ance. crisis areas around the world. nevertheless, this does bring in line the (4) During the first 50 years of the Alliance, Based on this idea, the committee law as it applies to all other attache´s NATO materially contributed to the security held a hearing in February to explore and stability of Western Europe, brining in all other countries, and I think it is peace and prosperity to the member nations. this changing nature of our posture in an excellent amendment. (5) The expansion of NATO is an oppor- NATO. It became clear that NATO will Mr. Chairman, I yield back the bal- tunity to assist the invitee nations in gain- continue to change. No longer postured ance of my time. ing the capabilities to ensure peace, pros- to defend Western Europe against the Mr. SAXTON. Mr. Chairman, I yield perity, and democracy for themselves during Soviet threat, NATO is evolving to a such time as he may consume to the the next 50 years of the Alliance. force that will undertake contingency gentleman from California (Mr. (6) The military structure and mission of operations both inside and outside Eu- HUNTER), the chairman of the full com- NATO has changed, no longer being focused rope. At the same time, NATO’s mem- mittee. on the threat of a Soviet invasion, but evolv- ing to handle new missions in the area of cri- bership continues to grow and the ad- Mr. HUNTER. Mr. Chairman, I want mission of many former Warsaw Pact to add my commendations to the gen- sis management, peacekeeping, and peace- support in the Euro-Atlantic area of oper- nations has moved the borders of the tleman from New Jersey (Mr. SAXTON), ations. alliance further east and south. We one of the absolute finest members of (b) SENSE OF CONGRESS.—In light of the have to recognize those changes within this great Committee on Armed Serv- findings in subsection (a), it is the sense of NATO and take appropriate action to ices and a guy who cares a lot about Congress that— ensure our contribution remains rel- the fighting forces of the United States (1) the expansion of the North Atlantic evant. and also cares a lot about countries Treaty Organization Alliance and the evo- lution of the military mission of that Alli- As a result of that hearing and Gen- who stand with us in times of dif- eral Jones’ initiative, I offer this ficulty; and I think his amendment is ance requires a fundamental reevaluation of the current posture of United States forces amendment today. It simply states it right on point. stationed in Europe; and is the sense of Congress, in light of the I understand this amendment has a (2) the President should— changing nature of NATO and the stra- message beyond the message of con- (A) initiate a reevaluation referred to in tegic landscape worldwide, that the forming with similar situations in paragraph (1); and President should reevaluate our pos- other countries around the world. (B) in carrying out such a reevaluation, ture in Europe and take maximum ad- There is perhaps a message to Paris consider a military posture that takes max- vantage of any basing and training op- here. I think it is an appropriate one as imum advantage of basing and training op- portunities among NATO’s newly I add my commendation to the gen- portunities in the newly admitted and joined and invitee states in Eastern tleman and I strongly support this invitee states referred to in paragraphs (1) and (2), respectively, of subsection (a). Europe. amendment. Mr. SAXTON. Mr. Chairman, I yield The CHAIRMAN pro tempore. Pursu- I urge my colleagues to send a mes- back the balance of my time. ant to House Resolution 245, the gen- sage to the administration and to our The CHAIRMAN pro tempore (Mr. tleman from California (Mr. HUNTER) current and future NATO allies that we OSE). The question is on the amend- and a Member opposed each will con- understand the changing nature of the ment offered by the gentleman from trol 10 minutes. alliance and stand in strong support of New Jersey (Mr. SAXTON). The Chair recognizes the gentleman the alliance as it faces the challenges The question was taken; and the from California (Mr. HUNTER). of the 21st century. Chairman pro tempore announced that Mr. HUNTER. Mr. Chairman, I yield Mr. Chairman, in the previous the ayes appeared to have it. myself such time as I may consume. amendments we have talked about this Mr. SAXTON. Mr. Chairman, I de- Mr. Chairman, I rise today to ask my a little. My partner on this committee, mand a recorded vote. colleagues to support this amendment. the ranking member, the distinguished

VerDate Jan 31 2003 04:56 May 22, 2003 Jkt 019060 PO 00000 Frm 00140 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.151 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4511 gentleman from Missouri (Mr. SKEL- B, remember our old obligations and Hundreds of companies and thou- TON), has some very eloquent and wise the admonitions of some that we sands of individuals strive to make thoughts on this issue. should keep a strong footprint in Ger- these spectacles of speed some of the We have had a hearing on our foot- many. most exciting events in the world. print in Germany, the 72,400 uniformed With that, I fully agree with the However, they are beginning to face personnel in Germany, about 55,000 of chairman’s amendment, and I intend to unique challenges in the post-9/11 whom are Army personnel; and we have support it, and I thank him for offering world. With some of the speedways in also looked at the fact that American it at this time. America hosting the largest spectator personnel can live much less expen- Mr. Chairman, I yield back the bal- events in the country, they are already sively in places like Poland. ance of my time. starting to express concern about Mr. Chairman, from my own perspec- Mr. HUNTER. Mr. Chairman, I yield homeland security needs and how they tive, I will never forget that at a time back the balance of my time. can better protect the hundreds of when we had a dwindling list of allies The CHAIRMAN pro tempore. The thousands of race fans who come to who wanted to participate side by side question is on the amendment offered their raceways. with our young Americans who were by the gentleman from California (Mr. I have one of the greatest events, Mr. laying their lives on the line in the HUNTER). Speaker, in my district, the Indianap- Iraq conflicts, Poland sent a contin- The amendment was agreed to. olis 500 Speedway Race, which is com- gent of some 200 special operators into The CHAIRMAN pro tempore. No fur- ing up next Sunday. We have 32 Mem- that theater and served with us in bat- ther amendments being in order, under bers of Congress who have speedways tle. I think it would be very appro- the rule, the Committee rises. within their congressional districts. priate, in fact, this committee has seen Accordingly, the Committee rose; Twenty-two of these have already fit to place some money for military and the Speaker pro tempore (Mr. agreed to be members of this exciting expenditures, for some early prelimi- EVERETT) having assumed the chair, caucus. nary work in Poland, Bulgaria and Ro- Mr. OSE, Chairman pro tempore of the I would encourage those with or mania; and I think that we should cer- Committee of the Whole House on the without speedways in their districts to tainly look at this Europe, this new State of the Union, reported that that join the caucus to better represent all Europe that Secretary Rumsfeld talks Committee, having had under consider- of the fans across the world who come about in terms of the changing require- ation the bill (H.R. 1588) to authorize to our district who come to this coun- ments that we have and the resultant appropriations for fiscal year 2004 for try to enjoy this spectator sport and changing strategic posture of the military activities of the Department try to resolve some of the impending United States in Europe. of Defense, to prescribe military per- issues of these speedways. Mr. Chairman, I would offer this sonnel strengths for fiscal year 2004, Mr. Speaker, I would like to insert amendment. I look forward to com- and for other purposes, had come to no the names of all of the members of the ments from the gentleman from Mis- resolution thereon. Speedway Caucus who have stepped forward and joined this unique oppor- souri (Mr. SKELTON). f Mr. Chairman, I reserve the balance tunity. They are as follows: ANNOUNCEMENT BY THE SPEAKER Rep. Virgil Goode (R–VA). of my time. PRO TEMPORE Rep. Charles Bass (R–NH). Mr. SKELTON. Mr. Chairman, I Rep. Sue Myrick (R–KS). claim the time in opposition. The SPEAKER pro tempore (Mr. Rep. Dennis Moore (R–KS). Mr. Chairman, I yield myself such OSE). The Chair announces the pro- Rep. Robin Hayes (R–NC). Rep. Mike McIntyre (D–NC). time as I may consume. ceedings will resume tomorrow on the Rep. Dan Burton (R–IN). Mr. Chairman, I know of no opposi- motions to suspend the rules and pass Rep. John Spratt (D–SC). tion to the amendment. I personally H.R. 1683 and H.R. 1257, originally con- Rep. Lincoln Davis (D–TN). Rep. Bill Lipinski (D–IL). endorse it and support it. sidered yesterday. Times have changed. Situations have Rep. Amo Houghton (R–NY). f Rep. Ken Lucas (D–KY). changed. But I think one fact that is Rep. Mike Oxley (R–OH). very important is the fact that NATO b 1915 Rep. Mike Pence (R–IN). Rep. Bob Etheridge (D–NC). is an ongoing, successful organization, VACATING ADOPTION OF SENATE Rep. Cass Ballenger (R–NC). and it has recently expanded, and we CONCURRENT RESOLUTION 46, Rep. Nick Smith (R–MI). AMENDING SAID CONCURRENT Rep. Paul Kanjorski (D–PA). should take advantage of that expan- Rep. Dennis Cardoza (D–CA). sion and the friendship that is growing RESOLUTION, AND ADOPTING Rep. Chris Chocola (R–IN). as a result of the new members of the CONCURRENT RESOLUTION AS Rep. J. Gresham Barrett (R–SC). Rep. Harold Ford, Jr. (D–TN). North Atlantic Treaty Organization. SO AMENDED Rep. Jim Gibbons (R–NV). This amendment requires a reevalua- Mr. HUNTER. Mr. Speaker, I ask Rep. Fred Upton (R–MI). tion of the current posture of American Rep. Mac Collins (R–GA). unanimous consent that the action of Rep. Robert Scott (D–VA). forces in Europe. It is designed only for the House adopting Senate Concurrent Rep. Jerry Costello (D–IL). the American forces, and it calls for a Resolution 46 be vacated to the end Rep. Ed Pastor (D–AZ). Rep. Jim Copper (D–TN). reevaluation. that the House hereby amend the con- I think there are a number of things Rep. John Tanner (D–TN). current resolution by striking ‘‘Sec- Rep. Patrick Toomey (R–PA). we could and should consider. To begin retary of the Senate’’ and inserting in Rep. Shelley Berkley (D–NV). with, I think it is important for us to Rep. Rob Simmons (R–CT). lieu thereof ‘‘Clerk of the House’’ and remember that stationing troops in f adopt the concurrent resolution, as so Germany is a very positive thing and amended. SPECIAL ORDERS that we should not rush to judgment The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under just to move troops from Germany. But OSE). Is there objection to the request the Speaker’s announced policy of Jan- having said that, I think it is a good of the gentleman from California? uary 7, 2003, and under a previous order idea to take a look at the eastern coun- There was no objection. of the House, the following Members tries. Poland, our chairman mentioned, f will be recognized for 5 minutes each. and to their great credit, side by side, CONGRESSIONAL SPEEDWAY f they have their special forces there, The SPEAKER pro tempore. Under a CAUCUS theirs with ours, in Iraq. Consequently, previous order of the House, the gen- I think we should take advantage of (Ms. CARSON of Indiana asked and tleman from South Dakota (Mr. that new-found friendship and that was given permission to address the JANKLOW) is recognized for 5 minutes. new-found military cooperation with House for 1 minute and to revise and (Mr. JANKLOW addressed the House. that country and, of course, others in extend her remarks.) His remarks will appear hereafter in the region that are new to the NATO Ms. CARSON of Indiana. Mr. Speak- the Extensions of Remarks.) organizations. er, I rise to announce the formation of f Consider the entire picture, not being the Congressional Speedway Caucus. The SPEAKER pro tempore. Under a prejudiced one way or the other, but, Races like the Indianapolis 500, the previous order of the House, the gen- A, take advantage of the new friends Daytona 500 and the Southern 500 have tleman from New Jersey (Mr. PALLONE) and those that are willing to help us; become American institutions. is recognized for 5 minutes.

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