May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2265 Bartlett Ganske Matheson Shimkus Tauscher Walden The Chair recognizes the gentleman Barton Gekas Matsui Shuster Tauzin Walsh from Arizona (Mr. STUMP). Bass Gephardt McCarthy (MO) Simmons Taylor (NC) Wamp Becerra Gibbons McCarthy (NY) Simpson Terry Watkins (OK) Mr. STUMP. Mr. Chairman, I yield Bereuter Gilchrest McCollum Skeen Thomas Watt (NC) myself such time as I may consume. Berkley Gillmor McCrery Skelton Thompson (CA) Weiner Mr. Chairman, on May 1 the Com- Biggert Gilman McHugh Smith (MI) Thompson (MS) Weldon (FL) mittee on Armed Services reported Bilirakis Gonzalez McInnis Smith (TX) Thornberry Weldon (PA) Smith (WA) Thune H.R. 4546 on a strong bipartisan vote of Blagojevich Goode McKeon Weller Snyder Thurman Blumenauer Goodlatte McKinney Wexler 57 to one. The bill authorizes appro- Blunt Gordon McNulty Solis Tiahrt Whitfield priations for the Department of De- Boehlert Graham Meek (FL) Souder Tiberi Wicker Boehner Granger Meeks (NY) Spratt Tierney fense and for the Department of Energy Wilson (NM) Bonilla Graves Menendez Stearns Toomey national security programs for a total Wilson (SC) Bonior Green (TX) Mica Stenholm Towns of $383 billion in budget authority, con- Wolf Bono Green (WI) Millender- Strickland Turner sistent with the President’s budget and Boozman Grucci McDonald Stump Udall (CO) Woolsey Borski Gutierrez Miller, Dan Stupak Udall (NM) Wu with the House-passed budget resolu- Boswell Gutknecht Miller, Gary Sullivan Upton Wynn tion. Boyd Hall (TX) Miller, Jeff Sununu Velazquez Young (AK) Over the next few hours, we will de- Brown (FL) Hansen Mollohan Sweeney Visclosky Young (FL) Tancredo Vitter bate and explain the many initiatives Brown (OH) Hart Moore contained in this bill to support and Brown (SC) Hastings (WA) Moran (KS) NOT VOTING—24 Bryant Hayes Moran (VA) strengthen our Armed Forces during Burr Hayworth Morella Bentsen Harman Riley this critical period in our Nation’s his- Bishop Hoyer Buyer Hefley Murtha Roukema tory. I am pleased to once again be able Callahan Herger Myrick Boucher Jackson-Lee Smith (NJ) Calvert Hill Nadler Brady (TX) (TX) Traficant to report to my colleagues that this Camp Hilleary Napolitano Burton Maloney (CT) Watson (CA) legislation embodies the same bipar- Cannon Hilliard Neal Crane Meehan Watts (OK) Dicks Ose tisan spirit that has guided U.S. na- Cantor Hinojosa Nethercutt Waxman tional security policy for decades. Capito Hobson Ney Goss Pelosi Capps Hoeffel Northup Hall (OH) Reyes It provides for pay, housing, fiscal Cardin Hoekstra Norwood b 1332 and physical well-being of our Armed Carson (IN) Holden Nussle Forces members and their families. It Carson (OK) Honda Oberstar Mr. ISRAEL changed his vote from provides for the research and acquisi- Castle Hooley Obey ‘‘aye’’ to ‘‘no.’’ tion of our military arsenal so critical Chabot Horn Ortiz So the motion to adjourn was re- Chambliss Hostettler Osborne to maintaining our combat edge on the Clay Houghton Otter jected. battlefield. It provides for the re- Clayton Hulshof Oxley The result of the vote was announced sources and tools to properly train our Clement Hunter Pascrell as above recorded. Clyburn Hyde Pastor forces to be ready to defend our free- Coble Inslee Paul f doms around the world at a moment’s Collins Isakson Payne REMOVAL OF NAME OF MEMBER notice, and it also provides for our Na- Combest Israel Pence Condit Issa Peterson (MN) AS COSPONSOR OF H.R. 448 tion’s military retirees, who devoted a Conyers Istook Peterson (PA) Mr. FILNER. Mr. Speaker, I ask better time of their lives for this coun- Cooksey Jackson (IL) Petri unanimous consent that I be removed try. Costello Jefferson Phelps Mr. Chairman, this is a very good Cox Jenkins Pickering as a cosponsor of H.R. 448. Coyne John Pitts The SPEAKER pro tempore (Mr. bill. It follows the spending blueprints Cramer Johnson (CT) Platts LATOURETTE). Is there objection to the set forth by the President to make his Crenshaw Johnson (IL) Pombo request of the gentleman from Cali- defense budget the largest since 1990. It Crowley Johnson, Sam Pomeroy also marks the largest single-year in- Cubin Jones (NC) Portman fornia? Culberson Kanjorski Price (NC) There was no objection. crease in defense spending since 1966. Cummings Kaptur Pryce (OH) By marking the fifth consecutive Cunningham Keller Putnam f year of real increases in defense spend- Davis (CA) Kelly Quinn BOB STUMP NATIONAL DEFENSE Davis (FL) Kennedy (MN) Radanovich ing, we are starting to dig out of the Davis (IL) Kennedy (RI) Rahall AUTHORIZATION ACT FOR FIS- budget hole that we created after 13 Davis, Jo Ann Kerns Ramstad CAL YEAR 2003 years of budget cuts. Our Armed Davis, Tom Kildee Rangel Forces, while still the most formidable Deal Kilpatrick Regula The SPEAKER pro tempore. Pursu- DeGette Kind (WI) Rehberg ant to House Resolution 415 and rule fighting force on the planet, face seri- DeLauro King (NY) Reynolds XVIII, the Chair declares the House in ous and fundamental choices in the DeLay Kingston Rivers years ahead. This presents both an op- DeMint Kirk Rodriguez the Committee of the Whole House on Deutsch Kleczka Roemer the State of the Union for the consider- portunity and a risk if the choices we Diaz-Balart Knollenberg Rogers (KY) ation of the bill, H.R. 4546. make are not prudent and do not hedge Dooley Kolbe Rogers (MI) on our bets against the inevitable sur- Doolittle Kucinich Rohrabacher b 1331 prises and challenges that may lie Doyle LaFalce Ros-Lehtinen Dreier LaHood Ross IN THE COMMITTEE OF THE WHOLE ahead. Duncan Lampson Rothman Accordingly, the House resolved The bill before the House sets a pru- Dunn Lantos Roybal-Allard itself into the Committee of the Whole dent course. It recognizes today’s new Edwards Larsen (WA) Royce Ehlers Larson (CT) Rush House on the State of the Union for the reality and accelerates and emphasizes Ehrlich Latham Ryan (WI) consideration of the bill (H.R. 4546) to new tools necessary for the critical Emerson LaTourette Ryun (KS) authorize appropriations for fiscal year fight against terrorism. It makes sure Engel Leach Sabo 2003 for military activities of the De- that our most precious military com- English Levin Sanchez Eshoo Lewis (CA) Sanders partment of Defense, and for military modity and resource, our men and Etheridge Lewis (GA) Sandlin construction, to prescribe military per- women in uniform, are properly com- Evans Lewis (KY) Sawyer sonnel strengths for fiscal year 2003, pensated and taken care of. Everett Linder Saxton AMP It also makes sure we do not forget Farr Lipinski Schaffer and for other purposes, with Mr. C Fattah LoBiondo Schiff in the chair. the basics, the unglamorous elements Ferguson Lofgren Schrock The Clerk read the title of the bill. of the defense budget necessary to Flake Lowey Scott The CHAIRMAN. Pursuant to the make sure it works when called upon. Fletcher Lucas (KY) Sensenbrenner Foley Lucas (OK) Serrano rule, the bill is considered as having Mr. Chairman, on a personal note, Forbes Luther Sessions been read the first time. this marks the last defense authoriza- Ford Lynch Shadegg Under the rule, the gentleman from tion bill that I will have the privilege Fossella Maloney (NY) Shaw Arizona (Mr. STUMP) and the gen- to manage before this great House. It Frelinghuysen Manzullo Shays Frost Markey Sherman tleman from Missouri (Mr. SKELTON) has been an honor to serve and have Gallegly Mascara Sherwood each will control 30 minutes. the trust of my colleagues to be able to

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.008 pfrm15 PsN: H09PT1 H2266 CONGRESSIONAL RECORD — HOUSE May 9, 2002 lead two great committees over the tleman from Arizona (Mr. STUMP) for Our members participated fully, Mr. past 8 years, and I will greatly miss the his great service to our country, not Chairman; and I think we have put to- friendship and bipartisanship, the sense only in the House of Representatives, gether a good package. I want to again of mission that allows the Committee but also as a 16-year-old kid who joined thank the chairman of the full com- on Veterans Affairs and the Committee the U.S. Navy in World War II. That mittee for this opportunity. on Armed Services to quietly and effec- great ethic of service to the Nation has Mr. SKELTON. Mr. Chairman, I yield tively do their important work on be- carried through, and the gentleman 2 minutes to the gentleman from Texas half of our Nation’s veterans and mili- from Arizona (Chairman STUMP) has (Mr. ORTIZ). tary forces. put together a great bill which is es- (Mr. ORTIZ asked and was given per- I urge my colleagues to support this sential to this country right now be- mission to revise and extend his re- important legislation. cause we are in a war. marks.) Mr. Chairman, I reserve the balance I made a few comments during the Mr. ORTIZ. I thank the gentleman of my time. rule that I think covered to some de- for yielding time to me, Mr. Chairman. Mr. SKELTON. Mr. Chairman, I yield gree my work and the work of the Sub- Mr. Chairman, I rise in strong sup- myself 2 minutes. committee on Military Research and port of H.R. 4546, the Bob Stump Na- Mr. Chairman, I urge my colleagues Development and our contribution to tional Defense Authorization Act for to support the Bob Stump National De- the bill. Fiscal Year 2003. fense Authorization Act for Fiscal Year Basically, we are working to try and Mr. Chairman, I want to specifically 2003. This bill, properly so, is named in put some money into some high-lever- address the provisions in the act relat- honor of our chairman, who has stated age areas. We have done a pretty good ing to military readiness. First, I his intention not to return to this job along those lines. There is missiles thank the Subcommittee on Military body; and I thank him for the work and missile defense. That is the ability Readiness leadership and my col- that he has done on the bipartisan to stop missiles, from the slow-moving leagues on both sides of the committee amendment within the committee SCUDS, or the Model-Ts of the offen- here for doing a great job, and at the itself. sive missiles, all the way up to the fast same time to the staff for doing a great The committee unanimously named ICBMs that can be thrown all the way job, and for the manner in which they this bill for him. This is an excellent across a great ocean at a nation. Our conducted the business of the sub- bill. It passed by a vote of 57 to one. It ability to stop those missiles right now committee this session. authorizes $393 billion for defense pro- does not exist except in the very low- I also wants to express my apprecia- grams, which includes $15.5 billion for performance area, and we are moving tion to my good friend, the gentleman the Department of Energy defense-re- aggressively with a $7.9 billion pro- from Arizona (Chairman STUMP), who lated matters. gram. has now decided to retire, for his The bill makes a number of vital The leader of that program, General friendship and for his leadership these readiness and modernization improve- Kadish, is, I think, acknowledged by last few years that we have worked to- ments, and it does a good job in keep- Democrats and Republicans to be an gether. Mr. Chairman, we are going to ing our forces the best trained and the extraordinary steward of this program. miss you. best equipped in the world. The qual- We have given him some very broad ity-of-life issues are excellent for our funding categories in missile defense; Also, I say thanks to the gentleman servicemembers and their families. In and we have told him to go out and test from Colorado (Mr. HEFLEY) for his per- particular, there is a 4.1 percent pay this stuff, test it in very difficult situa- sonal involvement and the extraor- raise, with targeted raises, and I am tions, put a lot of stress on the sys- dinary steps he took in getting us to also pleased to state that there is an tems, and throw out the losers and pro- this point in developing the readiness increase in the end strength for all mote the winners. That means to spend portion of fiscal year 2003. Although we services, a much, much needed im- money where it is going to be effective worked at an accelerated pace this ses- provement. for American security. sion, we had an opportunity to see Many missions are being performed So we have given General Kadish a readiness through a different set of by our men and women in uniform that great deal of discretion. I think it is eyes, the eyes of the leaders of the sol- make it clear that we need more peo- discretion well placed. We have kept diers, sailors, and airmen who are en- ple. There is an increase of some $4 that budget very well funded. trusted with the awesome responsi- million in military construction and Lastly, Mr. Chairman, we have put bility of carrying out our responsi- family housing that also adds to the money in a couple of vulnerable areas. bility at the forefront, in harm’s way. quality of life. We were able to increase We have put money in the area that We heard them talk about the funding for procurement, research and has been a real concern to the United charges of repair parts, the extra hours development, and military construc- States, and that is our ability to de- they spent trying to maintain old tion. fend our ships against increasing per- equipment, and the difficulties encoun- My principal reservations with this formance of antiship missiles that po- tered in trying to conduct realistic bill do concern matters relating to the tential adversaries are developing training. While we in this body may environment and nuclear weapons pol- around the world. differ on some policies and program ob- icy. But with that said, at the end of We have also put some money, some jectives, we in the subcommittee were the day, Mr. Chairman, this is an excel- additional dollars, into our mine-clear- able to get a better appreciation of the lent bill. It will help our readiness; it ing and mine-detection capability, a challenges that they face in performing will help our troops, whether they be very important area for us because now their duties. For their effort, we can all on the field or on post or on base in we are moving from the deep ocean be proud of it. this country. We are very proud of Navy and deep ocean conflict scenarios Mr. Chairman, the readiness provi- what they do, so this is a major step in into the so-called littorals, right up sion in this bill reflects some of the supporting them. against the shore where minefields are steps I believe are necessary with the Mr. Chairman, I reserve the balance going to play an increasing role. So we dollars available to make their task of my time. have put money there. easier. It does not provide all that is Mr. STUMP. Mr. Chairman, I am Also we see some potential adver- needed. Much more funding could be pleased to yield 3 minutes to the gen- saries building now these new sub- used. At the same time, I believe that tleman from California (Mr. HUNTER), marine classes, mainly diesel subs, but this is a good bill. I encourage our chairman of our Subcommittee on subs that are very quiet that can hold Members of the House to vote for a Military Research and Development. choke points that can cause us severe very responsible bill. Mr. HUNTER. Mr. Chairman, I thank problems in strategic areas of the Mr. STUMP. Mr. Chairman, I am the gentleman for yielding time to me. world and where our ability to detect pleased to yield 3 minutes to the gen- Mr. Chairman, I just wanted to join those submarines is critical. So we tleman from New Jersey (Mr. SAXTON), the other members of the Committee have put more money in research and the chairman of our Subcommittee on and of the House in thanking the gen- development against those areas. Military Construction.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.049 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2267 b 1345 that extent, we have included monies (Mr. TAYLOR), I disagree with him on Mr. SAXTON. Mr. Chairman, I rise in to enhance quality of life and to pro- base closure but he had every right to strong support of H.R. 4546, the Bob vide the necessary facilities in this re- bring his amendment to this floor; the Stump Authorization Act for Fiscal gard. gentleman from Connecticut (Mr. Year 2003. Last week the Committee on So, Mr. Chairman, I ask everyone to MALONEY) and the gentleman from Armed Services, as has been said here a support this bill today. I hope it will be Maine (Mr. ALLEN), both excellent couple of times previously, voted on a another great bipartisan vote at the members of the Committee on Armed great bipartisan vote, almost unani- conclusion of the debate, which will Services; the gentleman from Texas mously, to continue the committee’s occur sometime around 8 o’clock, and (Mr. FROST), the ranking member on tradition of bipartisanship in address- let me again thank my friend the gen- the Committee on Rules and a strong ing the defense needs of this Nation. tleman from Arizona (Mr. STUMP) for supporter of our national defense, was As we should expect, this bill con- his wonderful work as chairman of this denied an amendment; the gentleman tains several initiatives that will aid committee. from South Carolina (Mr. SPRATT) de- the Armed Services in their ongoing Mr. SKELTON. Mr. Chairman, I yield nied an amendment. war against terrorism on behalf of the 2 minutes to the gentleman from Ar- This arrogance of power, Mr. Chair- American people and, indeed, on behalf kansas (Mr. SNYDER) for purposes of de- man, has to stop in this body. of the citizens of the world. I have the bate. Mr. STUMP. Mr. Chairman, I yield 3 honor of chairing two bodies involved Mr. SNYDER. Mr. Chairman, I want minutes to the gentleman from Colo- in this effort, the Special Oversight to extend my thanks to the gentleman rado (Mr. HEFLEY), the chairman of our Panel on Terrorism and the Sub- from Arizona (Mr. STUMP) for the great Subcommittee on Readiness. committee on Military Installations work he has done throughout his ca- Mr. HEFLEY. Mr. Chairman, I would and Facilities. reer in this House. He has also been my be remiss if I did not recognize the con- The Special Oversight Panel on Ter- chairman on the Committee on Vet- tribution of the gentleman from Ari- rorism has been extremely active in erans’ Affairs and I very much appre- zona (Mr. STUMP), who leads our com- educating Members of the clandestine ciate him. And to the gentleman from mittee, and the gentleman is truly a ways of terrorists and seeking innova- New York (Mr. MCHUGH), who is the great American. I do not throw that tive ways to protect American forces. chairman of the Subcommittee on Per- phrase around very casually. He has led The Subcommittee on Military instal- sonnel, of which I am ranking member. the committee well. I think he has the lations and Facilities has also been ex- This bill has many, many good things respect of his entire committee. We are tremely active in our area of responsi- in it, including a pay raise for our men going to miss him. It is a bad decision bility in approving a multitude of im- and women in uniform. It decreases the to leave the House of Representatives portant projects necessary for im- out-of-pocket expenses for housing. and leave us behind. We love the gen- proved force protection of military There is an increase in end strength, tleman, and I have appreciated the op- bases. recognizing the realities of the world portunity to serve with him and call This bill does much more than en- that we are facing today. him a friend. force protection, however, and I want I also want to say a word about Mr. Chairman, I rise today in strong to be sure that Members know that TRICARE, which has been a very good support of H.R. 4546, the National De- this need was carefully addressed by program, improving over the last cou- fense Authorization Act for Fiscal Year approving only projects that were re- ple of years, but we have some poten- 2003. I believe the committee has done quested by the Department of Defense tial problems with it and this bill in- a superb job in fulfilling its role in and by making sure that these monies cludes within it a mandate that GAO oversight of the Department of Defense will be spent well. study some of the potential problems and has done its best to provide the I want to also thank Tom Hawley, with TRICARE. Specifically, one is necessary funding to improve the read- our staffer, for all of the work that he some of the paperwork problems that iness of our military forces. did in making sure that necessary our providers are facing, like Let us not forget, however, that for measures were put in place in a very ef- preauthorization. We had a lengthy many years we have seen our military ficient way. hearing at the subcommittee level do more and more with less and less, Also, always I work closely with my about the problems they are having, and now as we are engaged in the war counterpart and good friend the gen- and this is leading to provider dropout. on terrorism we are asking our mili- tleman from Ohio (Mr. HOBSON) of the And while the overall numbers look tary men and women to do even more. Subcommittee on Military Construc- good, which is 97 percent of physicians The budget requests for fiscal year 2003 tion of the Committee on Appropria- stay with the program, many of them contains some significant increases in tions to develop the MILCON program are limiting the number of TRICARE defense spending and an effort by the for 2003. The gentleman from Ohio (Mr. patients they are seeing or are not see- Department of Defense to fully fund HOBSON) and our ranking members the ing new patients, and this is a problem their stated requirements. We are all gentleman from Hawaii (Mr. ABER- for us. So we look forward to those heartened that these increases make a CROMBIE) and the gentleman from Mas- studies. good attempt at arresting the decline sachusetts (Mr. OLVER) have worked This bill passed the committee by a in military readiness and begin the closely with all interested parties to vote of 57 to 1, and thanks to the gen- process of rebuilding and restoring our build a program that supports the De- tleman from Arizona’s (Mr. STUMP) military forces. partment of Defense on addressing leadership and the way he conducts the To accomplish this, the administra- major facilities and quality of life committee, we had a very vigorous de- tion has had to significantly increase shortfalls. bate. It went on all day with multiple critical readiness funding this year as Mr. Chairman, let me say in closing votes. The result was a 57 to 1 bill that compared to last year. As an example, that this chart I have here to my left came out of the committee. air, ground, and sea operations as well represents, I believe, the crux of what However, the spirit of the House as training and training range oper- we did on this year’s military installa- Committee on Armed Services is incon- ations have increased by $2.1 billion. In tion facilities authorization bill. H.R. sistent with the rule that brought this addition, base operations accounts re- 4546 includes $10 billion for military bill before us today. It was said this quired for the day-to-day operation of construction and family housing ac- was a structured rule. It was struc- our military facilities have increased counts, including $2 billion for quality tured to stifle debate and to avoid un- by $1.2 billion. These increases are of life enhancement. This is extremely comfortable votes for Members. That is fully supported in this bill. important, as all the members of the not consistent with a great democracy The committee has included two pro- Committee on Armed Services are at this critical time in history. You visions that I believe strike a needed aware, because in an all-volunteer look at some of the Members who were balance between the needs of our mili- Army if we cannot attract good sailors, denied to bring amendments, some of tary to adequately and effectively soldiers, Marines and airmen then our the most respected Members of this train for combat and the need to pro- military capabilities will suffer. To House: The gentleman from Mississippi tect our environment. First, we have

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.052 pfrm15 PsN: H09PT1 H2268 CONGRESSIONAL RECORD — HOUSE May 9, 2002 included an amendment to the Endan- I had submitted an amendment with aim is to kill as many Americans as ger Species Act that will weigh the im- the gentleman from Maine (Mr. ALLEN) possible. pact of national security along with ex- to have a more balanced sense of Con- Now, as our nuclear weapons are isting obligations under current law gress on nuclear policy. Our amend- aging beyond their intended design life, not to take any action that will result ment had several common sense provi- it is going to be a very difficult job to in the extinction of or harm to an en- sions, including restoring the Presi- keep them safe and reliable and cred- dangered or threatened species. dent’s ability to pursue sensible reduc- ible, to keep the people, the infrastruc- Second, we have included an amend- tions in the nuclear stockpile, encour- ture, the scientific knowledge we have ment in the Migratory Bird Treaty Act aging conventional ‘‘bunker buster’’ to have to make sure that that deter- to permit the Fish and Wildlife Service weapons rather than nuclear ones, and rent is credible and does work. This bill to issue a permit to the Department for exploring all the implications of re- takes important steps in that direction the accidental taking of migratory suming underground testing instead of and it ought to be supported. birds incidental to authorized military going full steam ahead with them. Mr. SKELTON. Mr. Chairman, I yield readiness activities. I had also prepared an amendment to 7 minutes to the gentlewoman from These and all segments of the Sub- extend our Nation’s nonproliferation Georgia (Ms. MCKINNEY) for debate pur- committee on Readiness part of this efforts to countries like Pakistan and poses only. bill and in fact of the bill as a whole India. Ms. MCKINNEY. Mr. Chairman, I were very bipartisan. As was already Mr. Chairman, despite the limita- voted against this defense authoriza- mentioned, the bill passed out of com- tions the Committee on Rules has tion bill in committee, and I plan to mittee 57 to 1. It is not a Democratic placed on debate, I encourage Members vote against it on the floor. This bill bill. It is not a Republican bill. It is a to vote for the defense authorization represents the largest real increase to bill for the defense of this Nation. bill today, but I also hope that Mem- defense spending since 1966. It contains Mr. Chairman, H.R. 4546 is a respon- bers recognize that there are many pro- over $40 billion more spending than sible, meaningful bill that fairly allo- visions in this bill that take our Na- last year’s defense authorization, cates resources for the restoration of tion down a very dangerous path to- which was a huge authorization in acceptable readiness and an acceptable ward a new nuclear arms race. itself. This year’s defense budget in- quality of life for the men and women Mr. STUMP. Mr. Chairman, I yield 2 crease alone is greater than the defense of our military forces. To do anything minutes to the gentleman from Texas budget of nearly every other nation in less will allow the readiness of our (Mr. THORNBERRY) from the Depart- the world. military to slip further and could risk ment of Energy Panel. H.R. 4546 provides for over $383 bil- the lives of countless men and women Mr. THORNBERRY. Mr. Chairman, I lion in spending for the Pentagon and in every branch of the military. thank the chairman for yielding me the weapons programs of the Depart- Mr. SKELTON. Mr. Chairman, I yield time and for his years of service and ment of Energy. Unfortunately, this 2 minutes to the gentlewoman from leadership to our country in national new spending comes at the expense of California (Mrs. TAUSCHER) for pur- security. valuable programs for America’s fami- poses of debate. Mr. Chairman, I also appreciate the lies. Sadly, the Bush administration’s Mrs. TAUSCHER. Mr. Chairman, I work of all Members on the Depart- tax cut for the wealthy has blown the thank my colleague for yielding me ment of Energy Panel and, particu- Clinton surplus and reduced our ability time. larly, the partnership of the gentle- to fully fund important programs like Mr. Chairman, I would also like to woman from California (Mrs. job training, prescription drug benefit, add my thanks to the gentleman from TAUSCHER). conservation spending and much more. Arizona (Mr. STUMP) for his leadership, For 57 years nuclear weapons have and I wish him every best wish. played a central role in maintaining b 1400 Mr. Chairman, I intend to vote for our freedom and in preventing the kind The one-sided priorities of this bill the defense authorization bill today be- of world wars which plagued the early reflect the belief that national security cause it does many good things. This part of the 20th century. There can be rests in occupying foreign capitals and bill will help us fight the war against no doubt that nuclear weapons will overthrowing regimes, as our Secretary terrorism and it gives our military continue to be central to our security of Defense told us in committee, rather men and women a well-deserved pay as long as any of us are around. than in domestic tranquillity and qual- raise. But I am concerned, Mr. Chair- Nuclear weapons exist. We cannot ity of life for America’s people. man, about the direction this bill takes uninvent them. We cannot wipe them In addition to the singular focus of regarding our Nation’s national nu- off the memory banks of human knowl- our national security attention, there clear weapons policy. edge, and we should not try to stick are problems within the Pentagon that This bill encourages the United our heads in the sand and wish them raise questions about such immense States to develop new nuclear weapons away. The facts, Mr. Chairman, are spending. for first time since 1990. It clears the that 12 countries now have nuclear On September 10, 2001, Defense Sec- way for underground nuclear testing in weapon programs, 13 countries have bi- retary Rumsfeld stated that ‘‘accord- Nevada. It endorses arming ballistic ological weapons programs, 16 coun- ing to some estimates, we cannot track missile defenses with nuclear warheads tries have chemical weapons programs, $2.3 trillion in transactions.’’ Such a and encourages arbitrary caps on the according to the administration, and lack of financial accountability under- number of nuclear weapons that could that does not count other groups, like mines the integrity of the Pentagon. be removed from the Nation’s nuclear al Qaeda, who are trying to acquire How much more inefficiencies, finan- stockpile. them. cial loss and wasteful spending can the I will offer an amendment today to The United States does not have American people tolerate? require the Department of Energy to chemical and biological, so we must In any other area of enterprise, peo- provide Congress with options for re- have a strong nuclear deterrent to ple get more money when they prove ducing our nuclear arsenal more quick- deter use of those weapons of mass de- that they know what they do with ly than is called for in the Nuclear Pos- struction, and our deterrent must be what they have already got, what they ture Review. credible against a broader array of have gotten, but in the world of defense If President Bush reaches an agree- threats. Not only must we consider the spending, the Secretary can acknowl- ment with President Putin to reduce Russian weapons, but we must consider edge the loss of $2.3 trillion and get an nuclear weapons, we should be prepared various other kinds of weapons and almost unprecedented increase in fund- to make those reductions as quickly as threats and our deterrent must be cred- ing. possible, not wait 10 years. But I am ible, even against rogue states, even Additionally, the basis for such a disappointed, Mr. Chairman, that the against terrorists, even against under- large increase in spending is wholly un- Committee on Rules refused to make in ground targets. They must even be justified. order other amendments relating to credible to the kind of people we face The events of September 11 were a our nuclear weapons posture. in this war against terrorism whose tragedy to the entire Nation. However,

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.054 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2269 the attacks in New York, Pennsylvania untraditional methods such as trucks, We have underfunded the military and Virginia were not prompted by any ships or airplanes. consistently in both Democrat and Re- failure of the United States military, Rather than spending billions on a publican administrations for the past but instead were the result of a break- missile defense system, diplomacy 10 years. This bill begins to correct down in our intelligence community. through arms control and disarmament that, but it does not solve all of those In fact, just last week Yahoo News re- agreements will be much more effec- problems. We are asking for some relief ported that CIA Deputy Director of Op- tive in advancing peace and security in in this bill. Nothing out of the ordi- eration James Pavitt ‘‘dismissed the days and years ahead and will cost nary. charges the CIA was caught unaware far less than a Star Wars system. We want to stop the encroachment by September 11 suicide attacks in the Though it deeply troubles me that that costs us more money that stops United States’’ and that ‘‘the CIA knew one of the first acts of our President our troops from training. This is in no the network led by Saudi-born militant after declaring this war on terrorism way, shape, or form a rollback of envi- Osama bin Laden was planning a major was to sign an executive order denying ronmental laws. I would not support strike.’’ previously promised high deployment that, as a Republican proud of my envi- Similarly, a Washington Post article overtime pay to our servicemen and ronmental voting record. It does say dated May 3, 2002, stated, ‘‘Two months women, the personnel and compensa- that when we take 85 percent of Red before the suicide hijackings, an FBI tion section of this bill takes impor- Beach at Camp Pendleton where our agent in Arizona alerted Washington tant steps for our servicemen and Marines have to train and say 85 per- headquarters that several Middle East- women. Though I am opposed to this cent of that base or that training area, erners were training at a U.S. aviation act, I greatly respect the individual that beach cannot be used because of school and recommended contacting members of our armed services for an endangered species, is a little bit ri- other schools nationwide.’’ The article their service and sacrifice in the name diculous, especially when we consider continued, stating that ‘‘law enforce- of our Nation. if we look at the numbers of all the ment officials said in retrospect the However, Mr. Chairman, despite Federal agencies that have land, the FBI believes it should have accelerated whatever good this bill does for our Pentagon controls the smallest amount the suggested check of U.S. flight servicemen and women and our vet- of land, yet has the largest number of schools.’’ erans, it is still entirely too large and endangered species of any other Fed- I must say that I was pleasantly sur- takes us down the wrong policy track. eral agency and, in my opinion, does prised by Secretary Rumsfeld’s can- Additionally, as our defense spending the most effective job possible in pro- cellation of the Crusader program this increases year after year, sacrifices tecting wildlife and protecting endan- week, and I was pleased to receive a made in domestic spending never seem gered species. phone call from the Pentagon to that to be corrected. From resuming nu- All we ask for is some limited relief effect. However, it must be noted that clear testing to advancing nuclear- to allow our military personnel to be I had an amendment to cut the Cru- tipped missile defense, from the roll- properly trained; nothing more. This is sader because, among other things, it back of environmental laws, to pork- not an attempt to roll back environ- experienced cost overruns and was too barreling weapons systems, this bill is mental laws in any way, shape, or heavy and too large to get anywhere big, and it could have been a lot better. form. In the other areas of the bill, I think fast at any kind of rapid response. Mr. STUMP. Mr. Chairman, I am I would also note that the Crusader is pleased to yield 3 minutes to the gen- we make a good faith effort in missile a weapons system that has connections tleman from Pennsylvania (Mr. defense, in systems and programs. Again, it is not perfect, but we do pro- to the Carlyle Group which employs WELDON), the chairman of our Sub- vide some great increases in assistance the President’s father. $475 million is a committee on Military Procurement of for our troops in the personnel area, lot of money. Sadly, the President re- the Committee on Armed Services. and I think we make a good down pay- quested half a billion dollars for the (Mr. WELDON of Pennsylvania asked ment on modernization and research Crusader weapons system but cancelled and was given permission to revise and extend his remarks.) for the future. our commitment to pay high deploy- So I encourage my colleagues to Mr. WELDON of Pennsylvania. Mr. ment overtime pay to our troops. work with us through this process. We However, the fight to kill the Cru- Chairman, I thank our distinguished will be offering, I think, a very innova- sader is not over. Despite the cancella- chairman, the gentleman from Arizona tive series of amendments on the nu- (Mr. STUMP) for yielding me the time, tion, language in this bill will seek to clear posture of this country that will and I want to start off again by thank- keep Crusader alive. The Committee on revolutionize our relationship with ing our chairman and our ranking Armed Services and the House should Russia. I look forward to voting in a member, two of the great patriots of not allow that to happen. The Crusader positive way on this bill, and I ask our has been rightly cut. It should remain this institution, this country, for their colleagues to vote yes on the final pas- that way, and the half billion dollars it outstanding work in bringing us a de- sage and to work with us to get the has freed up should go to reinstating fense bill that all of us can get behind. largest vote possible in showing that It is not a perfect bill. In fact, there the high deployment per diem that the our military has the support of Demo- President cancelled in October. are some amendments that I would like crats and Republicans. As by now my colleagues also know, to have seen offered that were not In closing, I want to thank my col- this bill creates exemptions for the made in order, and that is a part of the league and ranking member, the gen- Pentagon in the Endangered Species process, unfortunately, we go through. tleman from Mississippi (Mr. TAYLOR). Act and the Migratory Bird Treaty I am also not happy with the dollar He is one of the most tireless advocates Act, removes protections from public amount. Our chairman and ranking for the Navy in this Congress. He has lands, and creates horrendous prece- member made the best possible good fought hard and his work has paid off dent for wilderness areas. The Com- faith effort to increase funding, but it in an additional ship being funded in mittee on Armed Services is not where is woefully underfunding our mod- this bill. I thank my colleagues for our country’s environmental policy ernization. their leadership. should be made. Other Members who have spoken here Mr. SKELTON. Mr. Chairman, I yield With regard to missile defense, H.R. have talked about too much for de- 2 minutes to the gentleman from Mis- 4546 continues development of this dan- fense. Our soldiers today are fighting sissippi (Mr. TAYLOR). gerous, destabilizing and unreliable in tactical fighters that are 17 years Mr. TAYLOR of Mississippi. Mr. system. The authorization provides $7.8 old on average. Our Navy that at one Chairman, I want to thank my col- billion for missile defense following on time was 555 ships is now 314 ships. Our league and friend, the gentleman from the nearly $8 billion that was author- shipbuilding account is taking us down Pennsylvania (Mr. WELDON), for his ized last year. Yet the CIA’s own na- to a 235-ship Navy. The B–52 bomber kind words and for his good work on tional intelligence estimate states that will be 70 years old before it is retired. the procurement portion of this bill. attacks are much more likely using Our Chinook helicopters will be 60 Along with every other Member of weapons of mass destruction via years old. this body, I want to compliment the

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.057 pfrm15 PsN: H09PT1 H2270 CONGRESSIONAL RECORD — HOUSE May 9, 2002 gentleman from Arizona (Mr. STUMP) Mr. BARTLETT of Maryland. Mr. paid by service members from the cur- for being a great human being and a Chairman, I thank the gentleman from rent 11.3 percent to 71⁄2 percent in fiscal great American and a phenomenal Arizona (Mr. STUMP) for yielding me year 2003. chairman to our committee. the time. b 1415 My colleagues have noticed a lot of Mr. Chairman, I rise in strong sup- anger on the floor today, which is com- port of H.R. 4546, the National Defense Now, that might not mean much to pletely contrary to just one week ago Authorization Act for Fiscal Year 2003. us, but to people who are forced to in the Committee on Armed Services While I support the bill in its entirety move every few years, it is a very im- where every single Member who wanted and commend it to this body as must- portant issue, this issue of the cost of to offer an amendment to that bill was pass legislation, I want to especially housing for them. So that puts us on allowed to do so. Today, there are a emphasize the provisions in the bill re- the track to eliminate some of this number of us who felt like we could lating to morale, welfare and recre- heavy burden for our families that make a good bill a heck of a lot better ation activities of the Department of have men and women in uniform. The bill, for the first time, fully and save some American lives by offer- Defense and the military services. funds Concurrent Receipt, and estab- ing amendments. I have the honor to chair the Special lishes a program through which mili- The gentleman from Arizona (Mr. Oversight Panel of Morale, Welfare and tary retirees will receive increasing STUMP) actually went to the Com- Recreation which keeps a careful eye compensation. And by the year 2007, re- mittee on Rules and told them he on some very important quality-of-life tirees who are 60 percent or more dis- wanted most of those amendments put benefits for our military families, such abled will receive their full retirement in order. I thank the chairman for as commissaries and child care centers. pay and their disability. This is some- that, and I deeply regret that the Com- The MWR portion of H.R. 4546 is truly thing that our military retirees des- mittee on Rules chose not to make nonpartisan and was approved unani- perately need. many of these amendments in order. mously by both the panel and the full Unfortunately, this bill also contains I thank the gentleman for his efforts, committee without any amendments. provisions that undermine some of our particularly from the day he was 16 I have found the defense programs basic commitments to our Nation, in- years old, serving in the United States that are not nourished by the Congress cluding to try to reduce the prolifera- Navy till now serving us, and I also or the Pentagon quickly die away. tion of nuclear weapons. The bill gives wish he would change his mind and MWR programs are no different. While credence to the fact that the United stick around for a while. I agree with most of what this adminis- States should develop nuclear weapons The gentleman from Pennsylvania tration is doing, I believe the contin- capable of destroying hard and buried ELDON) talked on many of the (Mr. W ued pressure to privatize commissaries targets and use nuclear-tipped missiles needs of our Nation, and we have in- is misguided. The budget for the De- to intercept nuclear warheads. credible pressing needs, about 940 Huey fense Commissary Agency contained in I do not need to remind anyone that helicopters in inventory, the newest of this bill is about as low as I am pre- nuclear weapons have only been used which was built in 1972, that need to be pared to support without persuasive twice in the history of warfare, and the replaced. evidence that customer savings and United States has not designed or built As the gentleman from Pennsylvania service will not suffer. a new nuclear weapon since the Cold (Mr. WELDON) pointed out, the fleet has That said, I believe the budget before War. Mutually Assured Destruction, or now shrunk to 314 ships which is the my colleagues is adequate. To ensure MAD, is a policy relic of the Cold War; smallest it has been since 1933. That is the quality of customer service and and it should not be resurrected. It unacceptable. The President only continued savings, H.R. 4546 requires a should not be resurrected by us. asked for 5 ships this year which, inci- GAO study of DECA’s budget proposals Furthermore, this bill furthers the dentally, is 2 ships fewer than the Clin- as well as other measures to protect development of national missile de- ton administration asked for. I am the commissary benefit. fense with little congressional over- pleased Chairman WELDON chose to add In addition, the package before the sight. We may need a missile defense; an additional destroyer to that. That House will allow our deserving Na- but we need a structured one, one will take a step towards keeping the tional Guard soldiers called to State where we as a Congress look at it and fleet at the bare minimum size, and duty in time of national emergency, take full responsibility for what is hap- hopefully, the Senate will do even bet- like the present, to use commissary pening with its development. ter. stores. We had provided this privilege No bill is perfect. This one has a lack I want to point out that the bill does some years ago to guardsmen called to of acknowledgment by the Department contain almost a billion dollars for the duty for natural disasters and found of Defense to the members of our Com- development of the next generation of that we should have added national mittee on Resources with respect to destroyers, the DDX. I want to point emergencies as well. environmental issues, and this is very out the new attack submarine at $1.6 Of course, I thank our ranking Demo- shortsighted. billion was partially funded. crat, the gentleman from Guam (Mr. Aside from that, I will be voting for The committee, I think, wisely chose UNDERWOOD), for his wise counsel and the recommit and for this bill. to fund the Crusader program at about support in our shared responsibilities Mr. STUMP. Mr. Chairman, I yield 1 $475 million, and I do agree with Gen- to manage MWR matters for the com- minute to the gentleman from Ala- eral Shinseki, who is the chief of staff mittee, and I join him in urging all bama (Mr. EVERETT), a member of the of the United States Army, on the im- Members to vote for H.R. 4546. committee. portant need for this program, and I Mr. SKELTON. Mr. Chairman, I yield (Mr. EVERETT asked and was given have to take issue with the Secretary 2 minutes to the gentlewoman from permission to revise and extend his re- of Defense. I think it is necessary. I California (Ms. SANCHEZ). marks.) hope the committee will stick by its Ms. SANCHEZ. Mr. Chairman, I rise Mr. EVERETT. Mr. Chairman, I guns. today to voice my support for the Bob thank the gentleman, the chairman, I want to take this opportunity to Stump Defense Authorization Act for and my good friend, the gentleman thank the gentleman from Missouri Fiscal Year 2003. from Arizona (Mr. STUMP), for yielding (Mr. SKELTON) and the gentleman from I want to commend the gentleman me this time. I have served under him Arizona (Mr. STUMP) for the way they from Arizona (Mr. STUMP) and the gen- while he has been chairman of the have handled this committee and put tleman from Missouri (Mr. SKELTON) Committee on Armed Services and also this bill together. for the job they have done on this, and when he was chairman of the Com- Mr. STUMP. Mr. Chairman, I yield 2 everybody on the committee. mittee on Veterans’ Affairs. This minutes to the gentleman from Mary- We did have a good discussion last House will miss him. land (Mr. BARTLETT). week with this bill. This bill will help Let me speak about Army aviation (Mr. BARTLETT of Maryland asked solders and their families put more training. The Army continues to short and was given permission to revise and money in their pockets by reducing the fund the training budget of its heli- extend his remarks.) average amount of housing expenses copter pilots. To address this shortfall,

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.059 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2271 the committee took steps last year to modern equipment, and sufficient re- in restoring funding for the title XI begin funding the Army Aviation Insti- sources to do their job in protecting loan guarantee program, which gives tute Training Simulator program to our Nation. life to our vital shipbuilding industrial enhance pilot training at the Aviation I am proud of the work of the House base. War-fighting Center. Unfortunately, Committee on Armed Services and our I also welcome the creative provision the committee did not add funds for chairman, the gentleman from Arizona on ship scrapping, which helps States the program in this year’s authoriza- (Mr. STUMP), who has done an excellent acquire obsolete vessels for artificial tion bill due to the lack of resources. job in crafting a bill that will support reefs. There are, however, parts of this The Army is concerned with the our warfighters. Chairman STUMP is a bill that I do not support. First, it con- crash rate of the OH–58C/D. It is four hero of mine, and we will miss his tains three environmental provisions times greater than all other heli- great service in this body. not under the jurisdiction of the Com- copters in the fleet. The Army has an This bill is important for our Nation. mittee on Armed Services. They belong immediate need for high-fidelity OH– Our troops deserve a pay raise and we to the Committee on Resources, which 58C/D simulators to improve the crew provide that to them. We provide our was denied the opportunity to consider training of emergency procedures and troops and their families quality them. These provisions are a part of a other techniques on the aircraft. The health care and benefits which they last-minute stealth attempt by DOD to Army has identified the AAITS pro- have earned because of their service exempt itself from a variety of land- gram as the best way to provide this and sacrifice for our Nation. We pro- mark environmental laws. training. It is my hope that the defense vide significant funds for the develop- The package was submitted just 4 appropriators in both Houses will give ment of technologies that are needed days before committee markup, deny- strong consideration to a $15 million for our missile defense systems so that ing time for proper review. In the only add for six high-definition OH–58C/D we are better prepared to meet the fu- hearing, the majority refused to invite simulators. ture threats this country faces. State or local governments, environ- Mr. Chairman, I can’t think of a more impor- We increase the resources available mental groups, or any other non- tant responsibility than to train Army Aviators to combat terrorism, which is an im- administration witnesses to testify. in the best way possible, with the latest tech- mediate threat to the people of the Second, I disagree with the aggres- nologies available. The AAITS program meets United States of America. We increase sive nuclear policy language in the bill this challenge by using commercially available key readiness accounts so that we con- and report which endorses new nuclear technologies that are cost effective and ready tinue to increase our capabilities to weapons or new uses for such weapons. to be deployed today. support our warfighters who are ac- I am afraid that money spent to revi- Mr. SKELTON. Mr. Chairman, I yield tively engaged in protecting American talize and legitimize nuclear weapons 1 minute to the gentleman from New interests around the globe. will divert funds from weapons our York (Mr. HINCHEY). Let me say that this bill is also im- warfighters actually need for combat. I Mr. HINCHEY. Mr. Chairman, in portant for Georgia. We fund critical believe it will be destabilizing and lead spite of the best attempts of the gen- military construction projects at Rob- to new arms races. tleman from Arizona (Mr. STUMP) and ins Air Force Base, Fort Benning, Fort Finally, I am disappointed the com- the gentleman from Missouri (Mr. Stewart, and Kings Bay Navy sub- mittee did not make in order my SKELTON), this bill has become a polit- marine base. We fully funded the Presi- amendment to previous nuclear-tipped ical grab bag of extraneous material dent’s budget request for vital modern interceptors. The U.S. rejected that that has nothing to do with defense au- aircraft for our Air Force’s F–22 Raptor idea decades ago. thorization and has no place in this advanced tactical fighter, the C–17, the Mr. STUMP. Mr. Chairman, I yield 1 bill. C–130, and JSTARS, all of which are minute to the gentleman from Cali- I have time to cite just one example. important to my home State as well as fornia (Mr. CALVERT), a member of the Article 14 is a provision which contains our long-term national defense prior- committee. language that is destructive to our ef- ities. Mr. CALVERT. Mr. Chairman, I too forts to protect the environment in Mr. Chairman, terrorism and our na- want to thank the chairman, the gen- this country, particularly issues that tional security are not fleeting prob- tleman from Arizona (Mr. STUMP), for are destructive to the 1964 Wilderness lems. This bill addresses our needs on all his years of service. We will miss Act. That language undermines the terrorism from a force-protection him very much, but I know he will al- issue of wilderness as it is practiced by standpoint, and I urge the passage of ways be in our hearts. the Federal Government in areas all this bill. Mr. Chairman, in my home State of across the country. It is a special pro- Mr. SKELTON. Mr. Chairman, I yield California, environmental litigation vision. It is even a personal provision. 2 minutes to the gentleman from Maine may force the Fish and Wildlife Service It has no business in this bill. (Mr. ALLEN). to designate critical habitat for endan- Furthermore, we were not given the Mr. ALLEN. Mr. Chairman, I thank gered species on over 50 percent of the opportunities to present amendments the gentleman for yielding me this 125,000-acre Camp Pendleton in South- which could give the House the oppor- time, and I rise in support of the de- ern California. Even though there are tunity to debate this issue and to fense authorization bill. 17 miles of coastline in Camp Pen- strike these unwarranted and destruc- I commend the chairman, the gen- dleton, environmental restrictions tive provisions from the bill. That tleman from Arizona (Mr. STUMP), and allow the Marines to use less than 1 makes this bill unworthy of the House. the ranking minority member, the gen- mile of that coast, as designated on It ought to be withdrawn. We ought to tleman from Missouri (Mr. SKELTON), this drawing. One mile. That is it. That have an opportunity to debate this for putting together a good bill. It will small space. issue and those things ought to be enable today’s troops to succeed in the And once they get ashore, Marines brought before us. war in Afghanistan and makes invest- have to align everything and everyone Mr. STUMP. Mr. Chairman, I yield ments in the future to assure the U.S. up single file to weed through the land 11⁄2 minutes to the gentleman from military retains its edge. that has been designated critical habi- Georgia (Mr. CHAMBLISS), a member of I commend the bill’s shipbuilding ini- tat and cross Interstate 5 to another lo- the committee. tiative to fix the Pentagon’s paltry re- cation on the base to begin their ma- (Mr. CHAMBLISS asked and was quest in this area, and it sets an impor- neuvers. given permission to revise and extend tant marker for restoring funding for a Mr. Chairman, our Marines should be his remarks.) third DDG–51 destroyer. The Merchant training as they fight, not as if they Mr. CHAMBLISS. Mr. Chairman, I Marine panel, of which I am ranking are going out on some field trip. Our strongly support the fiscal year 2003 member, does quiet but important military is one of the best environ- Bob Stump National Defense Author- work to assure a healthy and viable mental stewards America has. They ization Act, which will provide critical U.S. maritime fleet. I thank the panel should not be forced to give up realistic resources for our military to ensure chairman, the gentleman from Cali- training on their own property to sat- that they have the adequate training, fornia (Mr. HUNTER), for his leadership isfy a few environmental extremists.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.062 pfrm15 PsN: H09PT1 H2272 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Proper training saves lives. We must Mr. STUMP. Mr. Chairman, I yield 1 under the provisions of the Fiscal Year not sacrifice the safety of our sons and minute to the gentleman from Florida 2002 National Defense Authorization daughters so that a gnatcatcher or a (Mr. BILIRAKIS). Act, this authorization requires the fairy shrimp can have an undisturbed (Mr. BILIRAKIS asked and was given President to submit legislation in his life. permission to revise and extend his re- annual budget request and Congress to Mr. SKELTON. Mr. Chairman, I yield marks.) enact this legislation to offset the cost 2 minutes to the gentleman from Guam Mr. BILIRAKIS. Mr. Chairman, the of this initiative. Since the enactment (Mr. UNDERWOOD). 106th Congress took the first steps to- of last year’s defense authorization act, (Mr. UNDERWOOD asked and was ward addressing the inequity that pro- I have been working to secure the given permission to revise and extend vides for an offset between military re- money needed to fund ‘‘concurrent re- his remarks.) tired pay and VA disability, which un- ceipt.’’ I was very pleased that the Mr. UNDERWOOD. Mr. Chairman, I fairly penalizes more than 500,000 dis- Budget Committee included almost $6 rise today to join my colleagues in sup- abled military retirees nationwide by billion in the FY 2002 Budget Resolu- port of H.R. 4546, the Bob Stump Na- authorizing a monthly allowance to tion for a partial repeal of the dollar- tional Defense Authorization Act for certain severely disabled military re- for-dollar offset between retired pay fiscal year 2003. It will go a long way tirees. Last year, Congress took an ad- and VA disability compensation. towards ensuring that our troops get ditional step towards eliminating the I am also pleased that the bill we are the support they need to win the war offset by authorizing my Concurrent considering today follows the FY 2002 against terrorism as it meets many of Receipt legislation, H.R. 303. budget resolution and includes a provi- The bill we are considering today fol- our military’s modernization needs and sion to authorize military retirees who lows the fiscal year 2003 budget and in- provides every servicemember with a are 60 percent or greater disabled to re- cludes a provision to authorize mili- pay raise they so richly deserve. ceive their full retired pay and VA dis- tary retirees who are 60 percent or In particular, I want to address the ability compensation benefit by Fiscal greater disabled to receive their full re- provisions in the bill relating to the Year 2007. Until the program is fully tired pay and VA disability compensa- morale, welfare and recreation activi- implemented, the bill establishes a tion benefit on a transitional basis by ties of DOD. I want to acknowledge the transition program through which re- fiscal year 2007. tirees will receive increasing amounts outstanding leadership of our panel So I say to all my colleagues, Mr. chair, the gentleman from Maryland of their retired pay. I want to thank Chairman, support America and its Chairman BOB STUMP, Ranking Mem- (Mr. BARTLETT), and the active partici- veterans, vote for H.R. 4546. And I pation of all the panel members. I am ber IKE SKELTON, Military Personnel would also offer in closing my com- Subcommittee Chairman JOHN MCHUGH pleased that we were able to address pliments to the gentleman from Ari- many of the urgent MWR issues that and Ranking Member VIC SNYDER for zona (Mr. STUMP) for being a great pa- their continued support and interest in will sustain this important benefit, in- triot and a great chairman. cluding the bill’s acknowledgment of this issue. Some military retirees—individuals While H.R. 4546 does not allow for the our concern and expression of our ap- who are eligible for military retire- preciation for the contributions of the complete elimination of the current ment benefits as a result of a full serv- offset, it does provide for a substantial National Guard during this period of ice career—are also eligible for dis- national crisis by making it possible concurrent receipt benefit and it is a ability compensation from the VA tremendous step forward in our fight to for them to use the commissary, even based on a medical problem they in- though they are under State control. repeal the current inequitable offset. I curred while in the service. Under urge my colleagues to support the Bob In addition to the MWR provisions, I present law, these service-disabled re- am also pleased to note that a number Stump National Defense Authorization tirees must surrender a portion of their Act. of measures included within the bill retired pay if they want to receive the will support Guam in its strategic role disability compensation to which they b 1430 to U.S. national security. Guam’s mili- are entitled. Congress enacted this un- Mr. SKELTON. Mr. Chairman, I yield tary installations and facilities stand just law in 1891. Nationwide, more than such time as he may consume to the to benefit from over $75 million of mili- 500,000 disabled military retirees must gentleman from New York (Mr. tary construction and improvements. give up their retired pay in order to re- MCNULTY). Most notable are the projects for a new ceive their VA disability compensa- (Mr. MCNULTY asked and was given on-base water system at Andersen Air tion. In effect, they must pay for their permission to revise and extend his re- Force Base and the continued construc- VA disability our of their military re- marks.) tion of the Guam Army Guard Readi- tirement—something no other federal Mr. MCNULTY. Mr. Chairman, I rise ness Center. The people of Guam wel- retiree must do in support of the Bob Stump National come this significant boost in military I have been trying to repeal this un- Defense Authorization Act, which will construction and appreciate the rec- fair offset for more than 17 years. My support all of our men and women in ognition this bill provides to our people legislation, H.R. 303, has received uniform and also the Crusader pro- in uniform. strong bipartisan support with more gram. Further, the bill before us today re- than 390 cosponsors in the House. More Mr. SKELTON. Mr. Chairman, I yield stores a balance between protecting than 80 members have cosponsored 2 minutes to the gentleman from Texas the environment and sustaining mili- similar legislation in the Senate. More- (Mr. TURNER). tary readiness, particularly in the case over, every major veterans and mili- Mr. TURNER. Mr. Chairman, I thank of the Farallon de Medinlla, FDM, tary organization strongly support the the gentleman from Missouri (Mr. bombing range north of Guam in the concurrent receipt of military retired SKELTON) for yielding me this time. Northern Marianas. Last month, a Fed- pay and VA disability compensation. Mr. Chairman, this bill today is one eral Court here in Washington, D.C. The 106th Congress took the first steps of the most important pieces of legisla- ruled that the Navy was in violation of toward addressing this inequity by au- tion that this Congress will consider, the Migratory Bird Treaty because of thorizing the military to pay a month- and I want to recognize the leadership the incidental taking of nonendangered ly allowance to military retirees with of the gentleman from Arizona (Chair- birds while conducting critical training severe service-connected disabilities man STUMP), for his leadership, as well activities. This bill narrowly fixes this. rated by the Department of Veterans’ as the leadership of our ranking mem- We are in support of this provision. Affairs at 70 percent or greater. These ber, the gentleman from Missouri (Mr. Mr. Chairman, I thank the gentleman provisions were recently expanded to SKELTON). The bipartisan approach from Missouri for yielding me this include retirees with ratings of 60 per- that this committee has utilized to time, and I want to acknowledge the cent. craft this bill exemplifies our bipar- excellent and noble work that our Last year, Congress took an addi- tisan and our unwavering commitment chairman, the gentleman from Arizona tional step towards repealing the offset to winning our Nation’s war against (Mr. STUMP), has done over the years. by authorizing H.R. 303. However, terrorists.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.064 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2273 We also in this bill take major steps Mr. STUMP. Mr. Chairman, I yield 3 proud of in this fine mark and in this forward in providing our Armed Forces minutes to the gentleman from New great bill. with the tools and the resources they York (Mr. MCHUGH), the chairman of Mr. Chairman, I urge all Members to need to protect our national security the Subcommittee on Personnel. join us in support of this very fine interests around the world. Earlier this Mr. MCHUGH. Mr. Chairman, May measure. year our military chiefs testified be- marks National Military Appreciation Mr. SKELTON. Mr. Chairman, I yield fore our committee and identified over Month, and I can think of no appro- 2 minutes to the gentleman from New $25 billion in unfunded requirements priate way to recognize it than to rise Jersey (Mr. ANDREWS). for the upcoming fiscal year. Our com- in strong support of the National De- (Mr. ANDREWS asked and was given mittee was not able to address every fense Authorization Act for Fiscal Year permission to revise and extend his re- need on the chiefs’ list, but I am 2003. I especially commend for my col- marks.) pleased that we addressed many of the leagues’ consideration and support the Mr. ANDREWS. Mr. Chairman, I thank the gentleman for yielding me issues, particularly in the areas of military personnel provisions of the this time. It is a personal privilege to quality of life, readiness and mod- bill that address continuing realities stand in support of the piece of legisla- ernization, as well as the deficiencies and challenges by making improve- tion named in honor of a patriot, the that the Department identified nec- ments in the end strength, compensa- gentleman from Arizona (Mr. STUMP), essary to wage our war on terrorism. tion, personnel and health care sys- Over the last few years, one area of tems of the Department of Defense. who has served our country so very particular concern to me has been the Let me highlight three of those most well. I am honored to support this bill continued reduction in troop end important areas. First, while fully sup- in his name, and thank the gentleman from Missouri (Mr. SKELTON) for his strength. In the post-Vietnam War era, porting the efforts of the Secretary of contribution. the active duty military peaked at 2.2 Defense to reduce operational and mis- America stands today as perhaps the sion requirements, this bill reflects the million personnel. Today it is less than greatest military power in global his- view that the war on terrorism will be 1.5 million. Last year, each of our mili- tory; but as we have learned in the last a long-term effort and that some tary services entered the war on ter- 7 months, even great powers are faced growth in military manpower is pru- rorism with personnel shortages, a sit- with great challenges. I support this uation that has only worsened due to dent at this time. bill because I believe it affirms two of Therefore, the bill represents the bi- the heightened operational tempo re- our greatest strengths, and it begins to partisan views of all of us, including quired around the globe. deal with two of our greatest chal- I commend the ranking member, the the gentleman from Missouri (Mr. lenges. gentleman from Missouri (Mr. SKEL- SKELTON), who was a leader on this, First of all, it affirms the strength TON), for his leadership in advocating and recommends an increase in active that is the most premium strength of an increase in troop strength; and I am duty end strength of nearly 1 percent, the American military structure, the pleased that this bill contains an in- or 12,650, above fiscal year 2002 levels. men and women who serve their coun- crease of 13,000 in troop authorization That is the largest single year growth try. By raising the pay of those men above last year’s level. in active end strength since 1985 and and women by 4.1 percent, by Mr. Chairman, I believe this is an im- 1986. To support the added strength, supplementing their medical and other portant piece of legislation that de- the bill provides an additional $550 mil- benefits considerably, although not serves the support of the entire Con- lion as well as increasing National enough, this bill is a good step in the gress. I urge adoption of this legisla- Guard and Reserve component full- right direction. tion. time manning by some 2,400 personnel. Second, as a member of the Sub- Lastly, this legislation strengthens our na- Secondly, the bill provides a military committee on Research and Develop- tional security interests both at home and pay raise, as proposed by the President, ment, I am particularly pleased that abroad by authorizing $7.8 billion for ballistic of 4.1 percent across-the-board for all we have before us today a bill that will missile defense programs. The development personnel, one-half of 1 percent more make the greatest investment in re- of medium and long range ballistic missiles by than the average pay increase for pri- search and development in our Nation’s North Korea, Iran, Iraq, and other rogue coun- vate sector employees. history. In particular, I am pleased tries underscores the importance of devel- In addition, it recommends targeted with the 20 percent increase in the oping a fielding theater missile defenses capa- raises of 6.5 percent to critical mid- DARPA funding accounts, which I ble of defeating these threats as soon as pos- grade and senior noncommissioned offi- think bring out the very best of Amer- sible. Protecting our country and troops de- cers and mid-grade officers, as well as ica’s university sector, private sector ployed in theater from a ballistic missile attack housing rates that will reduce the out- and government sector. should continue to be a priority, and I applaud of-pocket housing expenses from the With respect to challenges, I believe the commitment that is being shown to field current level of 11.3 percent to 7.5 per- that the new Northern Command struc- this technology in the near term. Mr. Chair- cent in fiscal year 2003. ture that is implemented in this bill is man, I especially want to emphasize the im- Finally, as the gentleman from Flor- a positive step toward meaningful portance of fielding the Department of De- ida (Mr. BILIRAKIS) said moments ago, homeland security. I look forward to fense’s highest theater missile defense sys- the third major provision I want to working with the Pentagon and my fel- tem, the PAC–3. When you look at spectrum highlight would ensure that by 2007 all low members of the committee in mak- of known threats around the world, and focus retirees rated by the Veterans Admin- ing that command structure effective on those areas where we either have per- istration with 60 percent disabled or in homeland security. sonnel or could likely have troops deployed, above will receive both their full mili- Finally, the bill begins to grapple it’s hard to ignore the fact that most credible tary retired pay and their full VA dis- with the very real problem with missile ballistic missile threats would be thwarted by ability pay. This initiative, known defense. There are those of us who be- the PAC–3 system. Consequently, amend- widely as concurrent receipts, rep- lieve that missile defense is necessary ments will be offered by Mr. SPRATT and Mr. resents the culmination of a multi- and appropriate, but there are some HUNTER a little later that seek to add money to year, bipartisan effort to restore jus- disagreements over how to implement this program. I am hopeful that you will sup- tice in veterans’ compensation using it. Because of the bipartisan leadership port this effort and join with us in ensuring that the $5.8 billion provided by the House of this committee, I believe that we our troops are adequately protected against budget resolution for fiscal year 2003. have a constructive approach to bridg- these emerging threats. In closing, Mr. Chairman, let me ing those differences and managing Mr. Chairman, we are at an important junc- thank the ranking member of the sub- this challenge. ture with respect to funding our military and committee, the gentleman from Arkan- In short, I believe this is a bill that providing them with the resources necessary sas (Mr. SNYDER), for his leadership, for every Member of both political parties to effectively wage our war on terrorism. This his very active involvement, as well as can support with pride that will help us bill acknowledges the challenges we face and all members of both sides of the aisle carry forward in meeting the very seeks to respond. I urge my colleagues to of the Subcommittee on Military Per- great challenges our country faces support this bipartisan bill. sonnel who have a good deal to be today. I urge support of the bill.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.066 pfrm15 PsN: H09PT1 H2274 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Mr. SKELTON. Mr. Chairman, I yield fundamental mission of the Federal ment to have a full budget offset is no myself such time as I may consume. Government to defend our country. longer needed, and that section has Mr. Chairman, it was the Roman ora- Mr. Chairman, I rise in strong support of the now been removed as a stipulation that tor Cicero who once said that the Bob Stump National Defense Authorization claims must be made within 4 years of greatest of all virtues is gratitude, and Act. This bill supports the efforts of President military separation. let me again express gratitude to the Bush and Secretary Rumsfeld to modernize Mr. Chairman, I am proud to be a gentleman from Arizona (Mr. STUMP) and strengthen our military. The bill supports member of the Committee on Armed for his tireless and skillful efforts in the needs of our men and women in uniform, Services and proud to support this fis- leading our committee, and in his con- ensuring that they receive better pay, have cal year 2003 defense authorization, tributions to the United States Con- better equipment at their disposal, have a bet- H.R. 4546. gress through the years. We are very ter quality of life, and are provided with all the Mr. STUMP. Mr. Chairman, I yield 1 proud of him and thank him for what tools necessary to complete their missions. minute to the gentleman from Indiana he has done for us, and the role model The effects of these initiatives will be appre- (Mr. BUYER). he has been for the rest of the Mem- ciated by servicemembers around the world, (Mr. BUYER asked and was given bers, both Democrat and Republican. from the recruits currently in my district at the permission to revise and extend his re- Let me also say a word of thanks and Great Lakes Naval Training Center to the Spe- marks.) gratitude to the Committee on Armed cial Forces troops operating in the mountains Mr. BUYER. Mr. Chairman, I thank Services, which I believe is the most of Afghanistan. the gentleman from Arizona (Mr. bipartisan committee in this body. Additionally, this bill strongly supports elec- STUMP) for all his hard work. I served There are times we have partisan dis- tronic warfare and the EA–6B Prowler, our Na- with the gentleman when he chaired agreements, but we do attack the var- tion’s lone remaining electronic jamming air- the Committee on Veterans’ Affairs, ious issues as professionals and as rep- craft. The Prowler is integral to successful air- and I think it is appropriate that this resentatives of different parts of our borne strike operations and is often the first defense bill is named after him. And I country. aircraft in theater and the last aircraft to leave. would say to the gentleman from Mis- But most of all, I think we as a body Without the Prowler, our aircrews would be souri (Mr. SKELTON), you two together need to express thanks and gratitude vulnerable to a wide variety of threats from in- have put before this Congress another to the young men and young women in tegrated air defenses and advanced surface- quality product on behalf of the men uniform. That is the purpose of our to-air missiles. In support of the aging Prowler and women who serve our Nation. being here today. It is the United fleet, this bill authorizes $85.8 million to pro- I thank the gentleman from Pennsyl- States Constitution that charges us cure and install wing center sections and outer vania (Mr. WELDON), as chairman of the here in Congress to raise and maintain wing panels, both of which have suffered from Subcommittee on Procurement. The the military of the United States. The fatigue and forced the grounding of eight air- gentleman from Mississippi (Mr. TAY- military of the United States is re- craft. LOR) and I co-chaired the Guard and flected by young people in various col- $35 million is included to procure advanced Reserve Caucus for many years, and ors of uniform all wearing the Amer- USQ–113 jammers, which will enhance that serve in that caucus, and a big part of ican flag on their sleeve. So we thank ability of the Prowler to cut off enemy commu- our mark was accepted, just like the them, we thank their families, and we nications. I am also encouraged that $29 mil- gentleman from California (Mr. hope that the piece of legislation that lion are included to procure band 9/10 trans- HUNTER) used to do for us, and there we pass today will be a benefit to them, mitters, which will enhance Prowler capabili- are so many Guard and Reserve. There encouraging them to keep doing a good ties. are so many things for the active force. job and staying the course, and just a Perhaps most importantly, H.R. 4546 in- So it is not only the procurement word of thanks to them for their deter- cludes an increase of $10 million to continue mark, but also military construction, mination, dedication and patriotism. efforts to develop a successor to the Prowler. and what the gentleman from New With that, Mr. Chairman, again a Mr. Chairman, I strongly support our men York (Mr. MCHUGH) did with regard to special thanks to the gentleman from and women in uniform, our national defense, end strength, I thank the gentlemen. It Arizona (Chairman STUMP). and this bill. I encourage my colleagues to do is a very good mark. I ask all Members Mr. Chairman, I yield back the bal- the same. to support the product of the gen- ance of my time. Mr. STUMP. Mr. Chairman, I yield 1 tleman from Arizona (Mr. STUMP) and Mr. STUMP. Mr. Chairman, I yield 30 minute to the gentleman from Florida the gentleman from Missouri (Mr. seconds to the gentleman from Illinois (Mr. JEFF MILLER). SKELTON). It is quality work. (Mr. KIRK). (Mr. JEFF MILLER of Florida asked Mr. Chairman, I rise in strong support of (Mr. KIRK asked and was given per- and was given permission to revise and H.R. 4546; the Bob Stump National Defense mission to revise and extend his re- extend his remarks.) Authorization Act for Fiscal Year 2003. marks.) Mr. JEFF MILLER of Florida. Mr. America is at war, our military personnel are Mr. KIRK. Mr. Chairman, I want to Chairman, I rise in support of the Bob in harm’s way, and our Nation is facing dan- also thank the gentleman from Arizona Stump National Defense Authorization gerous and difficult threats. (Mr. STUMP) and our other defense Act for Fiscal Year 2003, H.R. 4546. September 11, 2001, now marks the most leader, the gentleman from Missouri The legislation remedies a long-com- lethal single attack on the United States in our (Mr. SKELTON), for this legislation. mitted wrong that has been used Nation’s history. This bill supports President Bush and against our retired military veterans The Bob Stump National Defense Authoriza- Secretary Rumsfeld, who commands for many years. By providing $5.58 bil- tion Act demonstrates strong bipartisan com- our troops currently in battle. It sup- lion over 5 years towards retiree bene- mitment to America’s soldiers, sailors, airmen, ports our Naval training at the Navy’s fits, H.R. 4546 begins full concurrent re- and Marines who are fighting the global war only boot camp at Great Lakes, Illi- ceipt for veterans suffering from a dis- against terrorism. nois. abled rating 60 percent or greater. President George W. Bush stated and I It advances our efforts to combine These individuals have given decades of quote, Naval Hospital Great Lakes with North their life and service to this great Nothing is more important than the national Chicago VA to help out veterans and country, and they will begin to receive security of our country, nothing is more impor- active duty health care. their earned retired pay along with tant. So nothing is more important than our It protects our air crews over Af- their earned disability payment. defense budget. ghanistan and Iraq with improved tac- This agreement builds upon the work I strong agree. tical Navy electronic warfare aircraft, of the Committee on Veterans Affairs This National Defense Authorization Act and it supports our fellow allies to and the Committee on Armed Services goes beyond the President’s request to im- meet the missile threat, especially giv- over the last couple years, and finishes prove homeland security, support U.S. service ing early warning eyes in the sky to the work done last year that made the members, and increase military readiness and Israel and Arrow anti-missiles to shoot policy change. modernization. down SCUDs. It is a good piece of legis- Due to the meticulous work by the It is fitting that this Defense Authorization lation; it deserves our support for the Committee on the Budget, the require- Act; the largest real increase to defense

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\K09MY7.095 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2275 spending since 1966; be named after my good It is clearly another giant step in our contin- have inhibited training at bases across the friend, Chairman BOB STUMP. ued efforts to improve quality of life, mod- country and on the waters offshore. Fewer I have had the privilege of working along ernize the force, and improve readiness. and fewer training areas are now available for side BOB, and the opportunity to witness his I urge my colleagues to support this bill. realistic combat live-fire training. steadfast support of our Nation’s military. We b 1445 When combat drills become predictable and share the same values and beliefs; duty, repetitive, readiness declines. Our experience honor, courage, and commitment to God, Mr. STUMP. Mr. Chairman, I yield 1 in Afghanistan has demonstrated that our suc- country, family, and our fellow man. His lead- minute to the gentleman from Florida cess on the battlefield is directly related to the ership will be missed. (Mr. PUTNAM). quality of our military training. We must ensure Equally fitting is the support H.R. 4546 pro- Mr. PUTNAM. Mr. Chairman, I want that well-intentioned environmental regulations vides to addressing the needs of the National to commend the gentleman from Ari- do not lead to shortfalls on the proving ground Guard and Reserves. zona (Mr. STUMP) on the outstanding that later become disasters on the battlefield. Today, there are over 80,000 Reservists work that he has done to make Amer- The changes proposed in H.R. 4546 are in- and National Guard personnel on active duty ica secure, but some of the rhetoric tended to save lives in real combat. from 50 States, the District of Columbia, and that I hear from the other side gives The issue is not readiness versus the envi- Puerto Rico supporting the global war on ter- me pause and what comes to mind is ronment. The issue is our commitment to our rorism. They are a critical component of the how quickly we forget. military men and women and their families. total force and vital for our homeland’s secu- Some of the environmental concerns When we send our constituents or their sons, rity. that have been raised are completely daughters, spouses, or parents into harm’s On behalf of Congressman TAYLOR and my- bogus, Mr. Chairman. When we have a way, we should do so only in the complete self as cochairs of the National Guard & Re- situation where 16 or 17 miles of coast- confidence that they are ready. They will only serve Components Caucus, we extend our line cannot be used at Camp Pendleton, be ready if they are thoroughly and realistically thanks to the subcommittee chairman and when we have a situation where sol- trained. Our military men and women,and their ranking members for their support to the Na- diers have to draw a circle in the sand families, have a right to expect that training, tional Guard and Reserves. and stand there and pretend that it is and we as a nation have an obligation to pro- The National Guard and Reserve Compo- a foxhole, we are not training our sol- vide it. nents Caucus, representing 158 Members of diers realistically. The success that we H.R 4546 provides a common-sense Congress, has organized member support for have seen in Afghanistan is the direct change to laws that have overburdened the legislative initiatives dealing with Reserve result of investment in training and military and restricted training efforts. These Components, operations, programs, and poli- personnel and in troops and in equip- are not broad waivers. There are no exemp- cies. ment. But that training cannot con- tions and no rolling back of decades of envi- Now in its seventh year, the Reserve Com- tinue under the current environmental ronmental law. ponents Caucus, has a proven history of work- restrictions that we have. The committee mark is a good start, but ing with and assisting the House Armed Serv- This bill makes some commonsense more may need to be done. The current hair- ices Committee. reforms that allow our soldiers, sailors trigger application of broadly defined environ- H.R. 4546 goes a long way to support Na- and airmen to prepare to wage and win mental regulations has profoundly affected tional Guard and Reserve personnel, readi- war. I commend him for his leadership vital military research and development efforts ness, modernization, and military construction. on this and his striking the delicate as well. For example, a scientific study funded National Guard and Reserve Force per- balance that recognizes the steward- by the Pentagon showed that a new long- sonnel strength is increased by adding more ship of the Department of Defense and range, lower-frequency sonar designed to de- than 2,450 full-time military personnel to sup- the overarching mission that they tect ultra-quiet enemy submarines would ‘‘har- port the Army National Guard, Army Reserve, have, which is to keep America secure. ass’’ marine mammals under the existing defi- Air National Guard, and Air Force Reserve. For the past year, the Government Reform nition. The Navy is now waiting for a letter of Additionally, it increases Naval Reserve unit Committee has been investigating the growing authorization from the Fisheries Service to strength by 800 part-time military personnel. number of restrictions, or encroachments, allow use of the sonar. If the definition of har- H.R. 4546 also addresses significant per- placed on training at military training ranges assment were changed, the Navy likely would sonnel, compensation and benefits improve- by environmental regulations, urban sprawl, have greater leeway in using the sonar without ments including a minimum 4.1 percent pay international treaties and competition for lim- seeking permits or exposure to lawsuits. raise for all active, National Guard, and Re- ited airspace and frequency spectrum. The Navy should not need to get permits serve personnel. In May of last year the Government Reform every time an aircraft carrier changes position It extends the eligibility period for Selected Committee held it’s first hearing on this issue and the military should not be exposed to law- Reservists’ use of the Montgomery GI bill an titled ‘‘Challenges to National Security: Con- suits for allegedly ‘‘annoying’’ a marine mam- additional 4 years. straints on Military Training’’. In August of last mal. H.R. 4546 also directs a comprehensive year the Government Reform Committee on More than anything else, military readiness study of the rights, benefits and entitlements National Security, Veterans Affairs and Inter- depends on realistic training. Constraints on of Reservists and their dependents. national Relations, of which I am vice chair- military training and research are a growing National Guard and Reserve quality of life man, held a field hearing in my district at the challenge to our national security. To perform improvements in this Defense Authorization Avon Park, Fl, Air Force Bombing Range to a constantly expanding range of missions— Act also include over $510 million for military address the issue of military training range from peacekeeping to assaulting and holding a construction. sustainability. hostile beachhead—the men and women of National Guard and Reserve Equipment re- Our hearings have demonstrated that envi- our armed forces must train as they fight. quirements still reflect a $9 billion shortfall, ronmental regulations are among the most They must train under conditions as much like however, H.R. 4546 provides over $470 mil- pervasive and burdensome constraints on mili- the real thing as possible. lion for Guard and Reserve equipment pro- tary training. At a hearing last spring, for in- The issue is not readiness versus the envi- curement above the President’s Budget sub- stance, the committee learned that 16 of 17 ronment. Our military men and women have mission. miles of coastland at Camp Pendleton, Cali- all volunteered to go into harm’s way—we owe On behalf of the Reserve Components Cau- fornia, are off-limits for amphibious training it to them, and their families, to send them cus, I thank Chairman WELDON for his support due to a growing list of wildlife protections. there trained to win. Training saves lives. In in improving Guard and Reserve moderniza- Witnesses also testified that soldiers are not this time of war I urge my colleagues to make tion. allowed to dig foxholes on some ranges, and protecting the lives of our military men and This bill sends a strong signal to the world instead must practice jumping onto circles women our highest priority. Supporting this and recognizes the sacrifice and unselfish marked with tape. legislation will do that. I urge passage of the commitment of our service men and women in As the Defense Department has been bill. protecting America’s cherished freedoms and forced to expand the amount of land set aside Ms. JACKSON-LEE of Texas. Mr. Chair- liberties. for protected species such as the fairy shrimp, man, I want to add my voice to the choir of In short, this bill says to the American peo- the gnat-catcher, and the checker-spot but- opposition the National Defense Authorization ple that military service; active and reserve terfly, training lanes have become artificially Act of FY 2003. This bill provides appropria- service, is critical for our Nation’s security. narrow, Environmental laws and regulations tions for an increase in pay for our armed

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.017 pfrm15 PsN: H09PT1 H2276 CONGRESSIONAL RECORD — HOUSE May 9, 2002 services personnel, which I believe is very im- the front page of today’s Washington Post: the responsibility of the military, like the rest of portant for the security of our great Nation. Defense Secretary Rumsfeld says, ‘‘We are the Federal Government, to play by the rules However, I rise to oppose this legislation be- going to cancel the Crusader.’’ Rather than this Congress has established; and about the cause it provides appropriations for an falling in line behind President Bush, as they military’s duty to clean up after itself by return- unproven ballistic missile defense. This is a have on virtually every other initiative pro- ing the lands it no longer needs to productive flawed policy. If the United States was at- posed by this administration, the Republican use for America. tacked by a long range nuclear missile, any leadership wouldn’t even allow a debate about However, that discussion and debate is not feasible ballistic missile defense system would this program. occurring in this House. The leadership has so have less than 15 minutes to detect, track, Why do I agree with the administration on a tightly managed the rule for debate on this and attempt to intercept the missile. Thus, this defense project? Let’s look at some details. To measure that the House will authorize the is a technologically daunting task. A top de- date, we have spent $3.5 billion on an artillery largest increase in defense spending since fense official has said that a successful U.S. system that doesn’t have a prototype, fails to 1966. missile defense system test, which was com- meet the operability requirements of the army, We have failed our duty to the people to ask pleted recently, did not realistically duplicate and would cost another $11 billion if we de- and answer the most fundamental questions: conditions of an actual attack. If our top mili- cided to purchase the system. Fully loaded, what unnecessary, wasteful systems and pro- tary leaders think that this is a flawed policy, the Crusader weighs over 80 tons, so heavy grams should be eliminated from this bill be- then we as elected officials should follow their that only the largest cargo plane we have cause they do nothing to enhance the security recommendation. could carry it, and just one at a time! Finally, of the United States? What should be added The Defense Department has tested and re- howitzers like the Crusader are outdated in their place, to ensure that we uphold our tested this ballistic missile defense system, weapons of warfare that are really only effec- duty to those who have served and ensure and each time the desired results have not tive against large massed armies, such as that we strengthen America with our defense been achieved. But yet, The President wants those that were maintained by the former So- investments? to continue funding this flawed policy. There- viet Union. There are few armies left in the On the first question, the answer is clear. fore, I want to strongly support the Tierney world who use such WWII era tactics, and if We need to right-size the military for the secu- amendment, which states that no funds for FY in the future we happen to need these weap- rity needs of the United States today. Unfortu- 2003 for the Department of Defense may be ons again, the GAO has found that we can ei- nately, in this $393 billion, there is too much used for space-based national missile defense ther upgrade the existing Paladin howitzer or money being spent on the wrong stuff. programs. purchase a German made system that fits the Three examples, of many, should suffice to Additionally, I also strongly support Con- operational requirements of the Crusader. make the point. First, we should not be con- gressman MARKEY’s amendment, which pro- But the Crusader is not the only program tinuing to fund three tactical aircraft programs hibits the use of funds to develop and test a that shouldn’t be funded in this bill. This bill concurrently at a time when we have the pre- nuclear earth penetrator weapon and also pro- also authorizes continued funding of the F–22, eminent fighter jet in the world—the F–15. hibits the use of funds in fiscal year 2003 for the Joint Strike Fighter, and an upgraded Second, the bill contains $7.8 billion for mis- a feasibility study of a nuclear earth penetrator version of the F/A 18. With the upgrades of sile defense, including funding for initial de- weapon. our existing F–15s and F–16s, our Air Force ployment of a national missile defense system In almost every case, post-test doubts re- has air-superiority over any existing air force. based in Alaska. We should be alarmed that garding missile defense have been raised. While some argue that we need upgraded we are not taking the time as a nation to have Critics have charged that test results over the fighter aircraft to counteract improvements in a thoughtful dialogue on all the potential rami- past two decades have been exaggerated by surface to air defense systems, do we really fications of a national missile defense system false claims of success and promises of per- need three different planes? The cost savings before rushing ahead with deployment. Since formance that later proved false. Many tests of just going with one of these systems in- President Ronald Reagan’s famous 1983 were proven to have had their targets signifi- stead of three would be astronomical. Not only ‘‘Star Wars’’ speech, the United States has cantly enhanced to ensure the likelihood of would we stop throwing billions more dollars at spent roughly $100 billion on ballistic missile success. defense contractors, we would save billions defenses. We should not be throwing good Furthermore, kinetic kill as a concept for de- more by not having to purchase parts for three money after bad. September 11 showed us stroying long-range ballistic missiles is even different planes and to hire three different sets that there are many threats that are more real- more problematic at this stage. There is no of mechanics to service them. Finally, cutting istic than that of a ballistic missile streaking empirical evidence to support the contention these extraneous programs will further inte- across the ocean to land on our shores. that kinetic kill for ICBM defense will work. De- grate our armed forces, a goal specifically The third is perhaps the most outrageous spite the prowess of American technology, mentioned by Secretary Rumsfeld in his example. Yesterday, Secretary of Defense there are no quick, cheap or easy solutions in speech at the Pentagon yesterday. Rumsfeld informed members of Congress of missile defense. Therefore, we should allocate This bill spends too much money on pro- his decision to cancel the $11 billion Crusader funds for more pressing defense needs and grams that will do nothing to protect our citi- program. This is a weapons system that spend our funds on systems that work and will zens. Instead, it lines the pockets of defense Napolean would have loved that was designed enhance real security for all Americans. contractors and sends our nation’s financial for a war from an age long past. Mr. STARK. Mr. Chairman, I rise in strong health into further disarray. In the interest of The Army plans to create a mobile force ca- opposition to this Defense authorization bill. national defense and fiscal security, I am vot- pable of being deployed anywhere in the world With the President’s war on terrorism con- ing against this bill and urge my colleagues to in 96 hours, but the Crusader Mobile Howitzer tinuing and with budget deficits rising, why are do the same. is still too heavy to be lifted by any transport we spending money on so many unnecessary Mr. BLUMENAUER. Mr. Chairman, there is aircraft in our fleet. Neither of the two largest programs? Just yesterday the administration no function of our national government more military cargo transports in operation—the C– admitted that some of these programs are no fundamental than defense of the Nation. 5 and the C–17—is capable of carrying a longer necessary, yet the Republican leader- Today, our national defense is more important complete Crusader. The weapon’s designers ship would rather waste billions of dollars on than ever, and with this authorization bill, we say they have reduced the total weight of the defense projects that keep defense contrac- are spending more on national defense than system from 90 tons to ‘‘only’’ 73, but that was tors swimming in money. ever. In fact, the $393 billion this bill author- accomplished by removing the fuel and am- Earlier this week, I submitted an amend- izes means the United States will be spending munition. ment to this bill that would have cut the $475 more on our military than do the next 25 na- The Congressional Budget Office rec- million to further research and develop the tions combined. ommends killing the Crusader and purchasing Crusader mobile howitzer project. Unfortu- There is no question this bill spends enough a suitable alternative. The General Accounting nately, the Republicans refused to allow this to do the job. The question is whether the Office has identified a German-made howitzer amendment to be considered on the House money is being spent in ways that will do the as a viable alternative to the Crusader. Ac- floor. These Republicans are more interested right job. There is a great debate abroad in cording to CBO, acquiring this off-the-shelf in looking like they are strong on defense than the land about the nature of the threats our weapon would save $6.7 billion over 10 years. they are in funding projects that can actually Nation faces, and the best approaches to The Crusader is more suitable for fighting be used to defend our country. Even the De- dealing with those threats. There is a robust Adolf Hitler than meeting the challenges of partment of Defense has said it doesn’t want discussion about honoring our responsibilities today. As one Bush adviser remarked, ‘‘Why the Crusader. If you don’t believe me, look at to those who have served this country; about would you buy the same artillery pieces that

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.067 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2277 Napoleon would understand? It’s all Industrial Last year, we succeeded in requiring a House Armed Services Committee and proud Age equipment.’’ prioritized nationwide inventory of UXO-con- to have contributed to the work before us. I submitted amendments to the Rules Com- taminated sites. This year’s directs the Depart- Mr. Chairman, this legislation remedies a mittee to transfer funds from the Crusader to ment of Defense to designate a single point of wrong, long committed against our retired mili- the cleanup of unexploded ordnance (UXO). contact for UXO. That authority may be dele- tary veterans. By providing $5.58 billion, over These amendments would have supported gated no further than the Under Secretary of 5 years, toward retiree benefits, H.R. 4546 be- Secretary Rumsfeld’s decision on the Cru- one of the military departments. In addition, gins full concurrent receipt for veterans suf- sader and addressed a serious problem for this bill contains language calling for an inde- fering from a disabled rating 60 percent or the military, UXO, which is both a long-term li- pendent advisory and review panel for UXO greater. These individuals, who have given ability and a short-term operational and public matters. All of these provisions are part of the decades of their life, serving this great coun- relations nightmare. legislation Representative RILEY and I intro- try, will begin to receive their earned retired In addition to these examples of unwise and duced last year, the Ordnance and Explosive pay along with their earned disability pay. wasteful expenditure, this bill authorizes un- Risk Management Act (H.R. 2605). This agreement builds upon the work of necessary and destructive waivers of impor- The Defense Department has put forward a many people, the least not the veterans who tant environmental protections essential to preliminary estimated cost-to-complete of $15 walk these halls, write letters or otherwise Americans’ health and the health of America’s billion for munitions response at Formerly make the effort to contact their Member of land and water. During my time in Congress, Used Defense Sites. Neutral observers say Congress. Due to the meticulous work of the I have worked to compel the Federal Govern- this cost could in fact run into the hundreds of budget committee, the requirement to have a ment to lead by example. This bill goes billions of dollars. At the FY03 proposed fund- full budget offset is no longer needed. Addi- against everything I have been working to- ing level of $70 million, it will take 200 years tionally, this legislation eliminates a stipulation ward. If we exempt the largest landowner in to complete the job, even accepting the low that disability claims must be made within four the country from environmental regulations, DOD cost estimate. It is more realistic to as- years of military separation, effectively enact- how can we expect anyone else to follow our sume costs over a hundred billion dollars and ing my bill, H.R. 3620. laws? more than a thousand years to finish the job. Navy training, an important function in my The Department of Defense wants to ex- The delay is absolutely unacceptable for the district, is supported in this bill by the author- empt itself from many environmental laws. environment and the American people. ization of 10 additional Joint Primary Air Train- This is an important decision, and should in- Those 2,000 sites are at locations nation- ing Systems, also known as JPATS. The Navy volve debate and consideration by all stake- wide, including Spring Valley right here in the and Air Force will sue this system, consisting holders. Unfortunately, the Department and District of Columbia which has munitions rem- of both the T–6A aircraft and a ground-based their congressional supporters have cir- nants left over from World War I weapons training system, for primary pilot training. The cumvented the committee process to give us testing, and Five Points Outlying Field in Ar- T–6A will replace both the Navy’s T–34 and the provisions in this bill. Air Force’s T–37B fleets, providing safer, more This bill contains sweeping new exemptions lington, TX, where people in a new housing economical and more effective training for fu- for activities under the Endangered Species development are finding live ordnance in their Act, the Migratory Bird Treaty Act, and the gardens. ture student pilots. Mr. Chairman, in closing I would like to Wilderness Act, important environmental pro- These sites are a legacy of past military ac- thank Chairman STUMP for his service to this tections that took years and much debate to tivities; it is our nation’s responsibility to clean committee, to the men and women in uniform put in place. This action should at least war- them up. They not only constitute an environ- and to his country. It is my honor to have had rant a debate in the relevant committees. I am mental hazard; documentation has been found also disappointed that the rule on this bill does detailing at least 65 deaths in this country by the opportunity to serve under his leadership. Mr. SIMMONS. Mr. Chairman, I rise in sup- not even allow for discussion of these signifi- accidents with UXO. port of H.R. 4546, the Bob Stump National cant environmental exemptions. We are all profoundly aware of the broader No one will argue that the U.S. military does implications of UXO across the globe. As we Defense Act of Fiscal Year 2003 and I ask my not provide an important service, and that its address the problem at home, we have the colleagues to support this important legisla- ability to operate is imperative. However, in potential of sharing our technology and help- tion. preparing itself to protect this country, the De- ing to solve UXO problems around the world. Mr. Chairman, September 11 highlighted the partment of Defense should not be allowed to Placing greater emphasis on the problem of fact that our military must remain the best destroy the environment that American public UXO and focusing a small portion of federal trained and best equipped in the world. Our cherishes and the clean and healthy commu- defense spending on it can truly have a trans- ability to stage Operation Enduring Freedom in nities that it demands. formational effect on the cleanup of tens of South Asia is not the result of anything that The second question we should have more millions of acres in the United States. Such happened since the attacks but are a result of productively discussed in this House is what action can also impact the development and years of training and management, tens of we could better have done with the enormous deployment of new technologies that will save thousands of man-hours of research and de- resources committed by this legislation. One millions of innocent civilians from death and velopment, and billions of dollars in testing answer is to better provide for the needs of dismemberment in some of the most dis- and manufacturing. The defense budget pays those who have served our country. Our prior- tressed areas of the world. not only for the fuel, munitions, and soldiers’ ities should include funding concurrent re- There is much that we could do to strength- salaries, but it pays for the investment in the ceipts, which enable retirees who were injured en and better protect America with the enor- weapons needed to fight and win the wars of in the line of duty to receive both their de- mous resources authorized in this bill. There the future, against any potential enemy in any served retirement pay and disability payments. are many things authorized in this bill that part of the world. That is the number one issue I hear about threaten Americans’ health and safety or For over 13 years, we have downsized our from military retirees in my district. I am waste tax dollars with no benefit to our coun- military because of cuts in our defense budg- pleased that this bill starts that process by try. We must do better in shaping our Nation’s et. We have decommissioned vessels rather compensating retirees who are 60 percent or defense policy. than upgrade them and retired aircraft rather greater disabled, but I firmly believe we could I vote ‘‘no.’’ than build new ones. Our military was asked have done more. Mr. JEFF MILLER of Florida. Mr. Chairman, to do more with less. Our servicemen and A second example, a special area of inter- I rise today in support of the Bob Stump Na- women were asked to do more with less. We est to me and one that has been neglected by tional Defense Authorization Act for Fiscal closed bases and gave up training areas, both all of us for too long, is unexploded ordance. Year 2003, H.R. 4546. irreversible and in many cases at great cost. For 2 years now, I have been pursuing rem- Mr. Chairman, yesterday, in Pensacola, FL, It is no wonder that several years ago our sol- edies to the problem of unexploded ord- the Navy suffered an air training accident diers and airmen began to leave the services nance—the bombs and other munitions that whereby seven military and civilian contractor in record numbers. didn’t go off as intended and are subsequently personnel are missing at sea. And while the This strong and bipartisan legislation ad- buried or litter the landscape. There are some search continues, and we pray for a success- dresses many of these issues and reverses 2,000 former military properties in every state ful recovery, this event is a reminder of the the trend of years past. It looks forward to the and nearly every congressional district where risks our uniformed men and women endure— challenges of the future. this bill contains a 4.1 these hidden dangers lurk. This is a prime ex- either at home or away. I believe this legisla- percent increase in basic pay with additional ample of the need for the Federal Government tion does much to honor and reward military increases for mid-grade and senior non- to be a better partner and clean up after itself. service and I am proud to be a member of the commissioned officers and mid-grade officers.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.070 pfrm15 PsN: H09PT1 H2278 CONGRESSIONAL RECORD — HOUSE May 9, 2002 It also works to honor the commitment our na- our submarine fleet. The smartest and most drug control efforts, particularly in Afghanistan, tion has to its veterans by eliminating current cost-effective way to rebuild our submarine and I hope that this bill will encourage it to do law provisions that cause military retirees who force is multiyear contracting. It is good for the so. are eligible for veteran’s disability compensa- workforce, it is good for the taxpayer, and it is Mr. BRADY of Pennsylvania. Mr. Chairman, tion to have their retirement pay reduced. Vet- good for our men and women in the military. I rise to support the FY03 Bob Stump National erans who are 60 percent or greater disabled Mr. Chairman, this bill is a well-crafted bill to Defense Authorization Act and appreciate all will begin to receive concurrent pay phased in meet many of the needs of our military. I urge the hard work my colleagues and my chair- fully by 2007. As a veteran and having spent my colleagues to support the bill. man did to produce a bill in support of our na- 30 years as an Army Reservist, I know that in- Mr. SOUDER. Mr. Chairman, I rise in sup- tional defense. vestments in our people are as important as port of this legislation and wanted to briefly One area of particular concern for me is the any other aspect of our national defense. comment as one of the Chairs of the Speak- Maritime Administration’s Title XI Vessel Loan This bill also addresses security and quality er’s Task Force on a Drug Free America and Guarantee Program. I am pleased to see that of life issues. It conveys almost $8.0 million to chairman of the Drug Policy Subcommittee on we have decided to authorize $50 million to the Naval Submarine Base in Groton for base the counterdrug provisions of the bill. continue this valuable program, which sustains security; and $24 million for a 100 units of First, I want to commend the Armed Serv- our national shipbuilding industrial base by Navy housing for personnel and their families. ices Committee for its work on the bill and supporting commercial shipbuilding. This is This is a wise investment for the future. support for counterdrug programs. The De- necessary in the face of foreign competition Mr. Chairman, I have the privilege of rep- partment of Defense plays a critical role in our and subsidies and is good for all U.S. ship- resenting the Second District of Connecticut nation’s efforts to keep drugs off our streets, yards, large and small. In addition, this will here in Congress. The ‘‘Submarine Capital of particularly with respect to interdiction pro- also serve to maintain a skilled labor force crit- the World,’’ Groton, is in my district. For over grams in narcotics source and transit zones in ical to our defense industrial base. a century, designers and manufacturers in the Caribbean and South America and in pro- I note that the committee expects that the Groton have built submarines. Our nuclear ‘‘si- viding training and resources to our allies. Maritime Administration will place a priority on lent service’’ is made up of the most sophisti- There has been concern that the Department providing loan guarantees under the Title XI cated and complex systems ever created by intended to substantially reduce its support for Ship Loan Guarantee Program for the con- man. In the 1980s, workers in my district built these programs, and I very much want to struction of commercially viable vessels that on average over 5 submarines a year, estab- thank the committee for its continued careful are militarily useful, such as for highspeed lishing American dominance of the seas attention to ensure that the Defense Depart- sealift, or that meet specific requirements of around the world and providing the backbone ment continues its important involvement. My Federal law, such as the requirement for dou- of our strategic nuclear deterrence with the subcommittee and the Speaker’s Task Force ble-hull tankers. These types of commercial Trident-class ballistic missile submarines. My will continue to follow this carefully, and we projects would be the highest priority for con- district also is home to an assembly plant for look forward to continuing to work with the De- tinuing this program. There are many laudable military aircraft engines that power the aircraft partment and the Committee. projects, including the FastShip project in my that make our air force second to none in the Second, I wanted to emphasize and asso- congressional district, which should be sup- world. Just as important are hundreds of com- ciate myself with the guidance contained in ported by the Department of Defense and the petitive small businesses and high-tech firms the committee’s report on this bill with respect Department of Transportation. Military useful that keep our military on the cutting edge. to narcotics in Afghanistan. John Walters, the projects, like FastShip, have always been a While I worked for a higher level of procure- Director of the Office of National Drug Control key element of the Title XI program. High- ment funding, I am satisfied with what this bill Policy, recently stated in an interview that our speed sealift vessels are particularly important does for our military and what it does for the military involvement in Afghanistan has given in light of the modern military’s need for rapid State of Connecticut. Connecticut fares espe- us the first meaningful opportunity to address logistical support. cially well with the procurement provisions au- the global heroin trade. Ninety percent of the I urge the Maritime Administration to fairly thorizing funds for another Virginia class sub- world supply of heroin is grown in Afghanistan, consider these projects for which applications marine, the Trident Class to SSGN conversion and this huge supply inevitably affects the en- have been filed so that these shipbuilding program, additional engine modifications of F– tire world market. I am concerned at public re- projects can go forward in our U.S. shipyards 15s, and F–16 fighter aircraft, and the acquisi- ports and briefings obtained by my staff which and built by our skilled American labor force. tion of thirty-nine H–60 variant helicopters for suggest that the Defense Department and the The Maritime Administration must consider all the National Guard and Navy. Important re- Central Command have been unwilling to par- both the commercial and the military benefits search programs at University of Connecticut ticipate vigorously in drug interdiction and of these projects by fairly and fully reviewing will continue to bring new technology to the eradication efforts. all available documents on current and future warfighter, and better equipment and medicine While I agree that the protection of our applications. The Maritime Administration is to assist and protect our troops in the field. forces must be the paramount concern, it also obligated to ensure the strength of our na- I am also pleased with the language in the seems apparent that the Defense Department tional security through the support of a strong bill that authorizes the Department of Defense, can make some important contributions not merchant marine. pending settlement of an outstanding legal only to drug eradication, but also to the mili- Finally, I would like to thank Chairman BOB case, to enter into a multiyear contract for the tary goal of cutting off the source of economic STUMP for all his years of service to our coun- procurement of Virginia Class nuclear attack support for potential enemies. As we know, try and for his hard work on this important bill. submarines. Using modern and innovative de- the Taliban received substantial financial sup- It has been an honor to serve with him and I sign and manufacturing techniques, the Vir- port from the drug trade. It makes no sense to am proud to call him my chairman. I urge all ginia Class submarine program is using meth- leave as potentially lucrative a source of fund- my colleagues to join me in supporting this bill ods and processes that are likely to make it a ing for future terrorists as the poppy crop in and the Title XI vessel loan guarantee author- model for future large-system acquisition pro- Afghanistan. ization. grams. Multiyear procurement promises to I also want to support the committee’s re- Ms. LEE. Mr. Chairman, I rise in opposition save both jobs and taxpayer dollars. port language on this issue with respect to tar- to this bill. Mr. Chairman, testimony received by the geting. It expressed concern with the lack of Now more than ever, it is clear that cold war House Armed Services committee by both the targeting of opium storage facilities in Afghani- era thinking will not meet the security needs of Secretary of the Navy, the Chief of Naval Op- stan that were identified early in the conduct today. But it is cold war thinking that continues erations, other DOD officials and respected of Operation Enduring Freedom. The com- to fuel our defense budget. defense analysts have warned us of the im- mittee shared our understanding that U.S. It is misguided thinking that seeks to put the pending force structure problem we are head- Central Command had deemed that opium in United States back on the path toward re- ing as our submarines begin to reach the end any form did not constitute a credible military newed nuclear testing, when instead we would of their service lives or require refueling over- target. I agree strongly with its conclusion that all be made safer if we would work toward nu- hauls. Without increasing the procurement rate the Department of Defense should review and clear nonproliferation. to two per year, our submarine force will not revise its policy in this regard to ensure that It is misguided thinking that seeks to spend meet the mission and operational require- such targets are properly prosecuted in Af- billions on the Crusader, a weapons system ments determined as necessary by our mili- ghanistan and any future conflicts. that the Secretary of State himself does not tary. Carrier and amphibious groups will not Mr. Chairman, the Department of Defense want, when we have so many profound needs have the required protection and firepower of must continue to play an active role in our here at home.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.073 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2279 It is misguided thinking that seeks to allow an idle concern because the White House and the Medicare surplus, all of the Social Security the Department of Defense to ignore our exist- the Speaker are both resisting efforts by the surplus, and still need to borrow $150 billion ing environmental laws. The American public Appropriations Committee to take up this $3.8 more. Revenue collections this year are lag- doesn’t want fewer environmental protections. billion shift. ging last year by $130 billion. For the first time They want more. Another shift of funds comes in the military since 1995, the Treasury must borrow money It is misguided thinking to underfund impor- personnel account. This account is reduced by to make it through the first calendar quarter of tant programs to destroy chemical weapons in $810 million, and the money is shifted to other 2002. These signs are all the more ominous Russia. purposes. The DoD actuaries are likely in the when we remember that the first of 77 million And, it is misguided thinking that pours bil- next month to conclude that the military per- baby boomers will retire in 2008; and when all lions into a missile defense system that we sonnel budget overestimates the accrual pay- are retired, the number of beneficiaries on So- are rushing to deploy without fully considering ment for the Tricare-for-Life program. This is a cial Security and Medicare will double. either the enormous technical problems or the program this committee established, and along I agree that the defense budget takes prec- serious international repercussions. with it, we instituted the accrual system to edence for now, but the federal budget has a As we abandon treaties and international make sure the costs of this program are ac- rendez-vous with destiny that we cannot agreements, we work against our own best in- counted for over the long term. If the actuaries dodge. By shifting regular DoD funds to the terests by spurring on nuclear arms races and do reduce it by that amount, the effect is mini- war reserve and second-guessing actuarial undermining proliferation and cooperation ef- mal. But what if they reduce it by only $400 payments, the bill we report sets precedents forts. million? Then we will be shorting the military that I am not eager to establish, and it begs I urge you, then, to oppose another $7.8 bil- personnel accounts by $410 million, unless we a big question: for how long can we sustain lion for missile defense and to oppose this bill. shift the money back from the items to which what we have started? Mr. SPRATT. Mr. Chairman, I support this it is transferred. Mr. UDALL of New Mexico. Mr. Chairman bill, but I think an admonition about the budget Committee staff asked DoD for a likely esti- today, the House is considering H.R. 4546, is in order. We actually have one bill before mate of this adjustment and took the high end the Defense Authorization Act for Fiscal Year us, while holding another in abeyance. The of the range indicated by DoD. If the actuaries 2003. At a time when the men and women of President requested a total of $396 billion for come in lower, the adjustments will have to be our armed forces are spread across the globe national security, primarily for the Department made. Certain items now funded will have to defending our nation and helping to combat of Defense (DoD) and the nuclear weapons be de-funded or cut. Congress should not get terrorism, this is a critically important piece of program run by the Department of Energy in the habit of trying to jump ahead of actuarial legislation that deserves to have a full debate (DoE). The President asked us to set aside estimates in order to find savings to be used on a wide range of issues that affect our fight- $10 billion of the DoD budget as a ‘‘war re- for other items. ing men and women and will determine how serve’’ for actions in Afghanistan and else- There is a widespread sentiment that DoD we defend America in the 21st Century. where in the war on terrorism. For DoD, he re- needs more funding, even though the Presi- Unfortunately, Mr. Chairman, the majority quested a total of $379 billion, of which $10 dent’s request for next year is the largest in- has once again rigged the system to prevent billion is for the war reserve and $369 billion crease in twenty years. I share the sentiment, the minority from offering the American people is the regular request. but question quite a few of the allocations in a real debate on these critically important There are two reasons for keeping separate this bill. For example, if we took $70,000,000 issues. Even more unfortunately, Mr. Chair- the $10 billion request. One is to earmark out of projects like the space-based kinetic in- man, is the sad fact that I’m not really sur- funds for the war on terrorism, the other is not terceptor (on which we have spent millions al- prised any more when the majority presents to merge into the base budget funding that ready, to no avail), we could buy 24 PAC–3s us with so few choices. This isn’t the first time may be non-recurring. and lower the purchase cost from $6.5 to $5.6 we’ve had sham rules on the floor, and most One of the bills approved by the House million per missile. The PAC–3 is the only mis- certainly, it won’t be the last. Repeatedly, we Armed Services Committee authorizes $3.8 sile defense system that we will deploy in the are given fewer opportunities to offer amend- billion, which is to be drawn from the $10 bil- next five years, and it is a theater system, ments on the important legislation. Mr. Chairman, today, once again I am sad- lion war reserve. But the $3.8 billion we are where the threat is clear and present. With dened that the majority has prevented us from authorizing is actually part of the regular $369 only 20 PAC–3s deployed, and 72 in process offering important amendments to improve this billion request. In the main bill, we are author- of being procured, 24 additional PAC–3’s bill on a wide range of issues. izing DoD activities at the $369 billion level, could make a major difference to the defense We won’t have a real debate on whether or but since $3.8 billion of the regular request is of our troops in some conceivable scenarios in not we should change our national nuclear now being provided for in the other bill, we the very near future. Moving from the tactical policy. I find it amazing that the Administration have $3.8 billion more in the main bill to be to the strategic. I have long been concerned seems to be steering our nation towards ex- used for ships and other procurement needs, that we are under-funding the DOE’s nuclear panding nuclear weapons, and we seem to be research and development, and member-inter- complex both for stockpile stewardship and allowing this without any debate. est items. environmental cleanup. The bill we are report- We also don’t have a chance to debate the Here are the problems with this approach. ing does little to address these important impact this legislation will have on the environ- One, we are actually authorizing $3.8 billion areas. ment. We won’t debate the Administration’s at- more than the President requested for regular I have always supported a strong defense, tempt to gut our national environmental pro- DoD appropriations, and DoD will eventually but we should bear in mind that our economy tection laws by exempting the Department of need that money for the war on terrorism. I is the first instrument of our national defense. Defense from the Migratory Bird and Endan- met with the DoD Comptroller, Secretary The federal budget constitutes 20 percent of gered Species Acts and by waiving protections Zakheim, and he acknowledged that while the our economy and has a great impact on it, as found in the Wilderness Act. $10 billion war reserve was a good faith effort we saw during the 1990s. Each year for eight As many of my colleagues have stated, to account for the likely budgetary effect of the years, we reduced the budget deficit and then these issues and many others are of such na- war, it is a low-ball estimate. So, if we use moved the budget into surplus; and every year tional significance, it’s unconscionable that we $3.8 billion of the $10 billion reserve for reg- for 120 straight months, the economy grew. In aren’t having an open and fair debate on ular items, we will have to make up the $3.8 passing this bill, we take the first step in a de- them. This sorry excuse for a Rule provided billion by adding that amount to the fense budget that will cost $557 billion more for by the majority is patently unfair. And it’s supplementals that are likely to come later to than inflation over the next ten years. I recog- patently undemocratic. fully fund the war on terrorism. If the appropri- nize the need and the primacy we must give These issues are too important to allow the ators follow our lead, we will spend $3.8 billion the defense of our country, and I do not think majority to gag us once again. more on defense than the President has re- that we can be stinting about the cost of our Mr. YOUNG of Alaska. Mr. Chairman, I quested, and add $3.8 billion more to the def- war against terrorism. But I am concerned as would like to speak briefly on section 312 icit and national debt. to whether we can sustain over the long run which says that an approved Integrated Nat- Second, what happens if the appropriators all that we are supporting in this bill. ural Resource Management Plan (INRMP) that do not follow suit, or if they are not allowed to As we pass the bill authorizing a $48 billion addresses the conservation needs of listed do so by the House leadership? Then, we will increase in defense, the budget overall is threatened or endangered species obviates have $3.8 billion in hollow BA (Budget Author- moving toward a unified deficit of $150 billion the need to designate critical habitat under the ity). We will authorize $3.8 billion worth of this year. In other words, the federal budget in Endangered Species Act. I would like to re- items that never get appropriated. This is not fiscal year 2002 will borrow and spend all of mind my colleagues of congressional intent

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.076 pfrm15 PsN: H09PT1 H2280 CONGRESSIONAL RECORD — HOUSE May 9, 2002 and statutory direction when we established ments are thousands of pages long, cost mil- I would also like to commend my very good INRMPs in the 1997 Amendments to the Sikes lions of dollars and take years to prepare. friend, JIM SAXTON, Chairman of the Military Act. Even when good faith efforts have been made Installations and Facilities Subcommittee, I strongly believe that we need to provide to address the minutiae of endless environ- whom I have been so fortunate to work closely our men and women being sent ‘‘in harm’s mental issues in the EIS process, the docu- with, both on Armed Services and the Re- way’’ the most thorough and realistic readi- ments are often subject to litigation, being sources Committees. His sincere concern for ness training as possible on our military instal- overturned or disregarded. I want to make it the quality of life of our troops, as well as his lations. Let me also express my firm belief that very clear that the creation of the INRMPs truly bipartisan, cooperative leadership, have military preparedness and sound stewardship where not intended to become a continual EIS guaranteed an equitable bill that directly an- of our natural resources, is not mutually exclu- process, or as a justification for endless stud- swers the pressing needs for our military infra- sive, they are mutually beneficial. Appropriate ies on environmental stewardship and man- structure. land and natural resource management of our agement. I would like to thank the committee staff for installations provides not only for sustainable PROPOSAL FOR WESTERN ALASKA WORKFORCE their tireless work and invaluable expertise. use for military readiness, but for conservation DEVELOPMENT These professionals have been working day in of our natural resources on public lands under 1. Contact Information—a. Alaska Contact: and day out, weekends included, for the past military department jurisdiction. This is the un- Wendy Redman, University of Alaska, Box two months, to put together the best bill pos- derlying philosophy of the amendments I 755000, Fairbanks, Alaska 99775. b. Congressional Office Contact: Ann Gib- sible. I would especially like to thank the Mili- sponsored to the Sikes Act in 1997 that di- tary Installations and Facilities Subcommittee rected the Secretary of Defense to prepare son, Congressman Don Young’s Office, 2111 Rayburn, Washington, DC 20515, 225–5765. professional staff, George Withers and Tom and implement INRMP’s in cooperation with 2. Describe the organization’s main activi- Hawley. No subcommittee is better served the U.S. Fish and Wildlife Service and respec- ties and whether it is a public, private or than ours with dedicated, smart, and consum- tive State fish and wildlife agencies. non-profit entity. The University of Alaska mate staff. Specifically, the Sikes Act directs the Sec- is Alaska’s land grant postsecondary institu- As ranking member of the Military Installa- retary of each military department to prepare tion and the largest public post-secondary and implement an INRMP for each military in- institution in the state. tions and Facilities Subcommittee, I am espe- stallation in the United States under the juris- 3. A brief description of the proposal: This cially concerned about the effect this bill will diction of the Secretary of Defense unless the is a proposal to continue workforce training have on our military housing and infrastruc- in an area of Alaska economically dev- Secretary determines that the absence of sig- ture. Our Subcommittee labored hard to com- astated by the failure of the salmon indus- pensate for an anemic construction budget nificant natural resources on a particular in- try. The training effort is to re-train former stallation makes preparation of such a plan in- proposed by the President—a budget $1.7 bil- fisheries workers in other fields where there lion lower than that put forward last year. appropriate. Section 670a(a)(2) directs that is employment available. The training areas each INRMP shall be prepared ‘‘in coopera- are office occupations, construction, com- From this highly unsatisfactory starting point, tion’’ with the Secretary of the Interior, acting puter repair and nursing assistants. our Subcommittee added $425 million to fund through the Director of the Fish and Wildlife The primary private economic base in projects vital to the Services. An ongoing cam- Western Alaska was the salmon fishery. Be- Service, and with the head of each appro- paign against global terrorism is not an excuse ginning several years ago, the salmon runs to abandon our campaign against substandard priate State fish and wildlife agency for the have failed to materialize leaving a dire eco- State in which the military installation is lo- facilities and housing. Funding for military con- nomic situation. This program is to train struction must match the rhetoric; otherwise, cated. This section further provides that the workers in new areas and lift their depend- we will lose the battle for quality people willing resulting INRMP for the military installation ence from public assistance. ‘‘shall reflect the mutual agreement of the par- 4. Project costs: The request is for $2.5 mil- to serve. Our people, and their living and ties concerning conservation, protection and lion which is all for training equipment, in- working conditions, must continue to be our structors and student stipends. number one priority. management of fish and wildlife resources.’’ 5. Other funding sources: The University of I understand that DOD has, in practice, not Given the military’s current operational Alaska contributes approximately $500,000 to tempo, it is imperative that we show our ap- always involved the other statutory parties in the existing training. development of an INRMP at an early stage, 6. Federal funding sources: The program preciation for those who volunteer to go in but instead sought their concurrence to a com- did not receive federal funding in FY02. harm’s way. These men and women pledge to pleted draft. While such a policy might com- 7. National significance: This program ad- support and defend American democracy, port with the statutory direction as to ‘‘mutual dresses the federal responsibilities when a both at home and abroad, often at great per- agreement of the parties,’’ it does not comport disaster occurs to assist in economic recov- sonal sacrifice and for significant periods of ery. It accomplishes this by training workers with the ‘‘preparation in cooperation with’’ di- time. We owe it to them, and to their families, in new fields where there is employment. to keep our promise of increased safety and rective. Cooperation of the statutory parties, The program could be a model for other begun at the earliest stages of development of areas of the nation experiencing similar eco- morale in the home and in the workplace. an INRMP, is the contemplation of the statute. nomic devastation, particularly rural areas. In pursuit of such a goal, this bill authorizes Such cooperation should go far to reconcile Mr. ABERCROMBIE. Mr. Chairman, al- $678.4 million—$17.7 million more than the potential differences, and I would like to re- though I am disappointed in the rule before President’s request—for construction and im- mind the Department of Defense that we ex- this body, I rise in strong support of the Na- provement of 3,447 family housing units and pect the process explicitly contemplated in the tional Defense Authorization Act for Fiscal the privatization of over 30,000 units. Privat- Sikes Act to be undertaken by the Depart- Year 2003, and urge my colleagues to support ization authorities, extended in last year’s de- ment. While there are exemplary INRMPs re- this important measure. I deeply regret the de- fense bill, provide our military accelerated op- flecting this sincere level of involvement, the cision of the Rules Committee to prohibit sev- portunities to renovate and build vastly im- Department needs to re-commit itself to Con- eral critical amendments from being consid- proved family housing developments with pri- gress’ direction in the 1997 amendments to ered here today. vate sector capital and I applaud the continu- the Sikes Act by involving all three parties at I would first like to recognize our committee ation of this important program. Our committee the beginning, during development, and during leadership, Chairman STUMP and Ranking also included $1.2 billion for construction of 49 implementation of INRMPs. Consensus build- Member SKELTON, for the bipartisan bill they new barracks and dormitories in the FY03 au- ing and problem solving throughout the proc- have crafted to address the immediate needs thorization and $8.6 million in H.R. 4547, the ess will most likely facilitate the ‘‘mutual of our Armed Forces. Our committee has a Cost of War Against Terrorism Authorization agreement’’ required by the statute of the long tradition of working across party lines to Act, for unaccompanied personnel housing in three parties. ensure the readiness and well-being of our Qatar. Once again, attention to the living con- Finally, I would like to express my strong Armed Forces, and I am greatly pleased to ditions of our single soldiers, sailors, airmen, concerns about the evolution of environmental have participated in yet another cooperative and Marines has been a high priority for our management practices. I’m strongly against effort with my Armed Services colleagues. committee, and I sincerely hope that we can INRMPs becoming something like the environ- We all know that Chairman STUMP has an- bring all of our barracks up to the same excel- mental impact studies that are required today. nounced this intention to retire at the end of lent standard set by the Army’s Whole Bar- Today, EIS documents have become a black this Congress. His steadfast leadership, ac- racks Renewal at Schofield Barracks, Hawaii. hole of time, money and bureaucracy. EIS knowledged in the title of this bill, will be I am especially pleased to note the $17.6 mil- documents were once two-page documents of missed, and I know that the entire House lion provided to build Child Development Cen- environmental consequences. Now EIS docu- wishes him the best of luck in the future. ters. This represents funding for four such

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.079 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2281 centers, $6.9 million and one more than rec- fense spending in two decades, is not really fense. There is no doubt that more than ever, ommended by the President’s budget, and ac- an ‘increase’ so much as it is a ‘payment past we must focus on defending our homeland knowledges the emphasis this Congress and due’ on a defense budget that was signifi- against terrorism, we must support our military the military places on the needs of service cantly under-funded in the 1990s. This out- personnel, and we must give our military the members with children. Military couples and standing debt is most easily seen in the Navy. training, equipment, and weapons it needs to single parents alike benefit when the military It was the Navy that brought the Marine Expe- beat terrorism around the world. recognizes their specific needs and eases ditionary Units to the Afghanistan theater of Like all of my colleagues, I remain stead- their child-care burdens. operations, and it is the Navy that conducted fastly committed to our fight against terrorism. Our achievements in military construction 75% of the strike sorties flown in Afghanistan. And yet, as this nation faces the most difficult will be an ongoing effort aimed at providing As we speak, Navy assets are not just in the threat it has faced in decades, I believe it is quality living and working facilities for our en- Indian Ocean, but also off the coasts of Soma- essential that we understand how our defense tire military family, stationed at home and lia, Yemen, and the Philippines. The Carrier capabilities need to change to reflect new 21st overseas. I know that under Mr. SAXTON’s ex- Battle Group was the force enabler in Afghani- century threats. I believe Secretary Rumsfeld cellent stewardship, the Subcommittee on Mili- stan—and it will be the force enabler in the is trying to refocus and reprioritize our defense tary Installations and Facilities will continue to next theater of operations in the war on terror. programs along those lines, but clearly he isn’t focus on raising the living and working stand- America’s defense requires a combat cred- being assisted by some of our colleagues here ards for our Armed Forces. They have volun- ible expeditionary force. America’s aircraft car- in the House, who seem content to address teered to protect our freedom. Now we must riers with 2.5 acres of sovereign territory are new threats with Cold War-era technologies. just that. In the early part of the last century, protect them by building safe, modern facilities So my first objection to this bill is that al- President Theodore Roosevelt sent his ‘Big for the 21st century military. though it funds defense programs at their Stick’ fleet around the world to deter other na- Again, I urge my colleagues to support this highest levels since 1966, it doesn’t present a tions from developing an aggressive stance to- measure. coherent vision of how to realign our defense Mr. NUSSLE. Mr. Chairman, I rise today in wards the U.S. In the year 2002, we have sent our ‘Big Stick’ around the world to keep those priorities. We need to make clear decisions support of H.R. 4546, the Bob Stump National about our defense spending, and this bill Defense Authorization Act for Fiscal Year that would terrorize America on the run. Now is the time for a ‘Big Stick’ budget and invest- doesn’t begin to consider the choices that 2003. This important piece of legislation is must be made. consistent with the levels established in H. ments in carrier battle groups are crucial to I have other objections to the bill. It includes Con. Res. 353, the House-passed budget res- maintaining our superiority over America’s en- provisions concerning the Endangered Spe- olution. On March 20, this body passed a emies—conventional, and unconventional. cies Act and the Migratory Bird Treaty Act, budget resolution that made available the Mr. HOLT. Mr. Chairman, this could be such matters within the jurisdiction of other Commit- budgetary resources for the largest increase in a better bill if the committee had made many tees, including the Resources Committee, but defense spending in two decades. We pro- more amendments in order. There are major which that Committee had no opportunity to vided $393.8 billion in budget authority for na- changes in defense policy in this bill that may consider. There is broad-based support for ex- tional defense, including $10 billion for the ex- become law without debate. The rule to stifle isting environmental laws—as there should pected war costs. debate is not just a procedural outrage, it is be—and these laws already allow case-by- The principal reason for that increase, of contrary to our national security. I offered an case flexibility to protect national security. I course, was our unwavering commitment to amendment to the Rules Committee that was find it simply unacceptable that neither our win the war against terrorism. But in addition not made in order that would have eliminated Committee nor the full House will have the op- to combating terrorism, we provided a blue- funding for a program in the bill that does not portunity to consider whether the changes that print in the resolution to give every service merit the support of this Congress. My amend- would be made by this bill are necessary or member a 4.1-percent pay rise, increased ment would remove $7.5 million added to this appropriate. housing allowances, and increased incentive bill for the Kinetic Energy Anti-Satellite—also pay. Also, and I believe this deserves particu- known as the KE-ASAT—program. Like a The bill also includes an entire title—Title giant fly swatter in space, this weapon would larly to be noted, under Republican leadership XIV—that not only includes provisions dealt knock out enemy satellites. we kept our promises to America’ veterans: with in a bill referred to the Resources Com- The Department of Defense does not sup- For the first time in decades we broke the leg- mittee, but also goes further to include matters port KE–ASAT. President Bush requested no within our Committee’s exclusive jurisdiction. islative logjam over concurrent receipt of mili- money for it. Former President Clinton line tary retirement pay and veterans disability Many Armed Services Committee members item vetoed funding for it in 1998. Defense themselves have said this was ‘‘a procedural compensation. The budget resolution provided Secretaries, Pentagon weapons advisory the resources to phase in full concurrent re- foul,’’ but once again the Rules Committee boards and independent defense analysts has made it impossible for the House to con- ceipt for retirees with 60 percent or greater VA have all called KE–ASAT a horrendous waste. disabilities. I am happy to say that the defense sider changes. That is another reason I must The GAO, in its examination of this program oppose the bill. authorization bill under consideration today is called KE–ASAT a program ‘‘in disarray.’’ completely consistent with the approach we I am also concerned that the bill endorses Yet we continue to fund it. This money was the President’s recent review of the U.S. nu- took on concurrent receipt in the budget reso- added to the bill without debate, and, unfortu- lution. clear posture. That review includes some trou- nately, we will not have the opportunity to de- bling provisions, such as the one to increase Finally, section 201 of the budget resolution bate it today. I ask my colleagues: How many the speed at which nuclear testing could re- provided for a $10-billion reserve fund to con- other meritorious defense needs could benefit sume if needed. Another provision would re- tinue military operations in fiscal year 2003. I from that $7.5 million? Any one of us could duce the U.S. nuclear arsenal to 1,700–2,200 am advised that the Armed Services Com- write a laundry list of other, better uses for this weapons, but without destroying the weapons mittee has opted to deal with that subject mat- money, both in and out of the defense budget. ter later in a separate bill, H.R. 4547, when At this time, when our nation’s military is removed. I worry that simply storing weapons the Pentagon provides more budgetary detail facing so many challenges, it is simply uncon- would encourage a similar move in Russia, about how it plans to spend the $10 billion. scionable to waste money on systems like where the government’s control over its nu- I close in noting that the House Budget this. I respectfully urge my colleagues to make clear stockpile is considered less than secure. Committee completed its work on schedule my amendment in order and give the Mem- I also worry that the bill includes a minimum and provided a framework for timely consider- bers of the House the opportunity to work their requirement of operationally deployed weap- ation of the vital bill on the floor today. But as will on this subject. ons at 1,700, which would not give the presi- we all know, the other body still has not Mr. UDALL of Colorado. Mr. Chairman, this dent flexibility in his current negotiations with passed a budget resolution for fiscal year bill is one of the most important measures that Russia. 2003. Given the other body’s glacial slowness the House will consider this year. It is intended The bill would also urge the Administration in doing the public’s business, it is all the to set out our vision for the defense of our to develop nuclear earth-penetrating weapons more important that the House show leader- country in the years ahead—both in terms of and nuclear-tipped ballistic missile intercep- ship and pass a resolution deeming the provi- policy direction and spending priorities. Unfor- tors. I believe we must be extremely cautious sions of H. Con. Res. 353 to be in force. tunately, the vision this bill puts forth is not before we consider expanding applications of I express my support for H.R. 4546. one I can endorse, and so I cannot vote for it. nuclear use. We all agree on the need to Mr. FORBES. Mr. Chairman, as many peo- There is no doubt that September 11th maintain the deterrent capability of our nuclear ple are now aware, the largest increase in de- changed the way we view our national de- forces, but I fear the language in this bill could

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.081 pfrm15 PsN: H09PT1 H2282 CONGRESSIONAL RECORD — HOUSE May 9, 2002 begin to blur the distinction between conven- (B) led efforts to improve the quality of mili- Subtitle B—Program Requirements, tional and nuclear weapons and thus increase tary life, including passage of the largest mili- Restrictions, and Limitations the likelihood of nuclear use. tary pay raise since 1982; Sec. 211. RAH–66 Comanche aircraft program. (C) supported military retirees, including ef- Finally, I am concerned that this bill would Sec. 212. Extension of requirement relating to forts to reverse concurrent receipt law and to management responsibility for give the Pentagon’s National Missile Agency save the Armed Forces Retirement Homes; naval mine countermeasures pro- exemptions from regulations for controlling (D) championed military readiness by defend- grams. and monitoring new weapons programs. Giv- ing military access to critical training facilities Sec. 213. Extension of authority to carry out ing the Pentagon this exemption effectively such Vieques, Puerto Rico, expanding the Na- pilot program for revitalizing the tional Training Center at Ft. Irwin, California, eliminates the checks and balances that are laboratories and test and evalua- and working to restore balance between envi- so necessary in weapons development, and tion centers of the Department of ronmental concerns and military readiness re- especially given the past technical failures and Defense. quirements; cost overruns in missile defense programs to (E) reinvigorated efforts to defend America Sec. 214. Revised requirements for plan for date, I can’t support a bill that includes this against ballistic missiles by supporting an in- Manufacturing Technology Pro- provision. crease in fiscal year 2002 of nearly 50 percent gram. In short, Mr. Chairman, I don’t question the above the fiscal year 2001 level for missile de- Sec. 215. Technology Transition Initiative. urgent need to provide for this country’s de- fense programs; and Sec. 216. Defense Acquisition Challenge Pro- fense—I just think we need to do it right. This (F) honored America’s war heroes by expand- gram. bill doesn’t do it right, and so I can’t support ing Arlington National Cemetery, establishing a Subtitle C—Ballistic Missile Defense site for the Air Force Memorial, and assuring it. Sec. 231. Limitation on obligation of funds for construction of the World War II Memorial. The CHAIRMAN. All time for general procurement of Patriot (PAC–3) (7) In recognition of his long record of accom- debate has expired. missiles pending submission of re- plishments in enhancing the national security quired certification. Pursuant to the rule, the committee of the United States and his legislative victories amendment in the nature of a sub- on behalf of active duty service members, reserv- Sec. 232. Responsibility of Missile Defense stitute printed in the bill is considered ists, guardsmen, and veterans, it is altogether Agency for research, development, as an original bill for the purpose of fitting and proper that this Act be named in test, and evaluation related to amendment and is considered read. honor of Representative Bob Stump of Arizona, system improvements of programs The text of the committee amend- as provided in subsection (a). transferred to military depart- ments. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; ment in the nature of a substitute is as Sec. 233. Amendments to reflect change in name follows: TABLE OF CONTENTS. (a) DIVISIONS.—This Act is organized into of Ballistic Missile Defense Orga- H.R. 4546 three divisions as follows: nization to Missile Defense Agen- Be it enacted by the Senate and House of Rep- (1) Division A—Department of Defense Au- cy. resentatives of the United States of America in thorizations. TITLE III—OPERATION AND Congress assembled, (2) Division B—Military Construction Author- MAINTENANCE SECTION 1. SHORT TITLE; FINDINGS. izations. Subtitle A—Authorization of Appropriations (a) SHORT TITLE.—This Act may be cited as (3) Division C—Department of Energy Na- the ‘‘Bob Stump National Defense Authorization tional Security Authorizations and Other Au- Sec. 301. Operation and maintenance funding. Act for Fiscal Year 2003’’. thorizations. Sec. 302. Working capital funds. (b) FINDINGS.—Congress makes the following (b) TABLE OF CONTENTS.—The table of con- Sec. 303. Armed Forces Retirement Home. findings: tents for this Act is as follows: Subtitle B—Environmental Provisions (1) Representative Bob Stump of Arizona was Sec. 1. Short title; findings. elected to the House of Representatives in 1976 Sec. 311. Incidental taking of migratory birds Sec. 2. Organization of Act into divisions; table during military readiness activity. for service in the 95th Congress, after serving in of contents. the Arizona legislature for 18 years and serving Sec. 312. Military readiness and the conserva- Sec. 3. Congressional defense committees de- tion of protected species. as President of the Arizona State Senate from fined. 1975 to 1976, and he has been reelected to each Sec. 313. Single point of contact for policy and subsequent Congress. DIVISION A—DEPARTMENT OF DEFENSE budgeting issues regarding (2) A World War II combat veteran, Rep- AUTHORIZATIONS unexploded ordnance, discarded resentative Stump entered service in the United TITLE I—PROCUREMENT military munitions, and munitions States Navy in 1943, just after his 16th birthday, constituents. Subtitle A—Authorization of Appropriations and served aboard the USS LUNGA POINT and Sec. 101. Army. Subtitle C—Commissaries and the USS TULAGI, which participated in the in- Nonappropriated Fund Instrumentalities vasions of Luzon, Iwo Jima, and Okinawa. Sec. 102. Navy and Marine Corps. (3) Representative Stump was elected to the Sec. 103. Air Force. Sec. 321. Authority for each military depart- Committee on Armed Services in 1978 and has Sec. 104. Defense-wide activities. ment to provide base operating served on nearly all of its subcommittees and Sec. 105. Defense Inspector General. support to fisher houses. panels during 25 years of distinguished service Sec. 106. Chemical demilitarization program. Sec. 322. Use of commissary stores and MWR re- on the committee. He has served as chairman of Sec. 107. Defense health programs. tail facilities by members of Na- the committee during the 107th Congress and Subtitle B—Navy Programs tional Guard serving in national has championed United States national security Sec. 111. Shipbuilding initiative. emergency. Sec. 323. Uniform funding and management of as the paramount function of the Federal Gov- Subtitle C—Air Force Programs ernment. morale, welfare, and recreation (4) Also serving on the Committee on Vet- Sec. 121. Multiyear procurement authority for programs. C–130J aircraft program. erans’ Affairs of the House of Representatives, Subtitle D—Workplace and Depot Issues chairing that committee from 1995 to 2000, and Subtitle D—Other Programs Sec. 331. Notification requirements in connec- serving on the Permanent Select Committee on Sec. 141. Revisions to multiyear contracting au- tion with required studies for con- Intelligence of the House of Representatives, in- thority. version of commercial or indus- cluding service as the ranking minority member Sec. 142. Transfer of technology items and trial type functions to contractor in 1985 and 1986, Representative Stump has equipment in support of homeland performance. dedicated his entire congressional career to security. Sec. 332. Waiver authority regarding prohibi- steadfastly supporting America’s courageous Sec. 143. Destruction of existing stockpile of le- tion on contracts for performance men and women in uniform both on and off the thal chemical agents and muni- of security-guard functions. battlefield. tions. Sec. 333. Exclusion of certain expenditures from (5) Representative Stump’s tireless efforts on Sec. 144. Report on unmanned aerial vehicle percentage limitation on con- behalf of those in the military and veterans systems. tracting for performance of depot- have been recognized with numerous awards for Sec. 145. Report on impact of Army Aviation level maintenance and repair outstanding service from active duty and reserve Modernization Plan on the Army workloads. military, veterans’ service, military retiree, and National Guard. industry organizations. Sec. 334. Repeal of obsolete provision regarding TITLE II—RESEARCH, DEVELOPMENT, (6) During his tenure as chairman of the Com- depot-level maintenance and re- TEST, AND EVALUATION mittee on Armed Services of the House of Rep- pair workloads that were per- resentatives, Representative Stump has— Subtitle A—Authorization of Appropriations formed at closed or realigned mili- (A) overseen the largest sustained increase to Sec. 201. Authorization of appropriations. tary installations. defense spending since the Reagan administra- Sec. 202. Amount for defense science and tech- Sec. 335. Clarification of required core logistics tion; nology. capabilities.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6343 E:\CR\FM\A09MY7.085 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2283 Subtitle E—Defense Dependents Education Sec. 512. Courts-martial for the National Guard Sec. 602. Expansion of basic allowance for Sec. 341. Assistance to local educational agen- when not in Federal service. housing low-cost or no-cost moves cies that benefit dependents of Sec. 513. Matching funds requirements under authority to members assigned to members of the Armed Forces and National Guard Youth Challenge duty outside United States. Department of Defense civilian Program. Subtitle B—Bonuses and Special and employees. Subtitle C—Reserve Component Officer Incentive Pays Sec. 342. Availability of quarters allowance for Personnel Policy Sec. 611. One-year extension of certain bonus unaccompanied defense depart- Sec. 521. Exemption from active status strength and special pay authorities for re- ment teacher required to reside on limitation for reserve component serve forces. overseas military installation. general and flag officers serving Sec. 612. One-year extension of certain bonus Sec. 343. Provision of summer school programs on active duty in certain joint and special pay authorities for for students who attend defense duty assignments designated by certain health care professionals. dependents’ education system. Sec. 613. One-year extension of special pay and the Chairman of the Joint Chiefs bonus authorities for nuclear offi- Subtitle F—Information Technology of Staff. cers. Sec. 351. Navy-Marine Corps Intranet contract. Sec. 522. Eligibility for consideration for pro- Sec. 614. One-year extension of other bonus and Sec. 352. Annual submission of information on motion to grade of major general special pay authorities. national security and information for certain reserve component Sec. 615. Minimum levels of hardship duty pay technology capital assets. brigadier generals who do not for duty on the ground in Antarc- Sec. 353. Implementation of policy regarding otherwise qualify for consider- tica or on Arctic icepack. certain commercial off-the-shelf ation for promotion under the Sec. 616. Increase in maximum rates for prior information technology products. one-year rule. service enlistment bonus. Sec. 354. Installation and connection policy Sec. 523. Retention of promotion eligibility for Sec. 617. Retention incentives for health care and procedures regarding Defense reserve component general and providers qualified in a critical Switch Network. flag officers transferred to an in- military skill. Subtitle G—Other Matters active status. Subtitle C—Travel and Transportation Sec. 361. Distribution of monthly reports on al- Sec. 524. Authority for limited extension of med- Allowances location of funds within operation ical deferment of mandatory re- Sec. 631. Extension of leave travel deferral pe- and maintenance budget sub- tirement or separation for reserve riod for members performing con- activities. officers. secutive overseas tours of duty. Sec. 362. Minimum deduction from pay of cer- Subtitle D—Education and Training Subtitle D—Retired Pay and Survivors tain members of the Armed Forces Sec. 531. Authority for phased increase to 4,400 Benefits to support Armed Forces Retire- in authorized strengths for the Sec. 641. Phase-in of full concurrent receipt of ment Home. service academies. military retired pay and veterans Sec. 363. Condition on conversion of Defense Sec. 532. Enhancement of reserve component disability compensation for mili- Security Service to a working cap- delayed training program. tary retirees with disabilities ital funded entity. rated at 60 percent or higher. Sec. 364. Continuation of Arsenal support pro- Subtitle E—Decorations and Awards Sec. 642. Change in service requirements for eli- gram initiative. Sec. 541. Waiver of time limitations for award of gibility for retired pay for non- Sec. 365. Training range sustainment plan, certain decorations to certain per- regular service. Global Status of Resources and sons. Sec. 643. Elimination of possible inversion in re- Training System, and training Sec. 542. Option to convert award of Armed tired pay cost-of-living adjust- range inventory. Forces Expeditionary Medal ment for initial COLA computa- Sec. 366. Amendments to certain education and awarded for Operation Frequent tion. nutrition laws relating to acquisi- Wind to Vietnam Service Medal. Sec. 644. Technical revisions to so-called ‘‘for- tion and improvement of military Subtitle F—Administrative Matters gotten widows’’ annuity program. housing. Sec. 551. Staffing and funding for Defense Pris- Subtitle E—Reserve Component Montgomery TITLE IV—MILITARY PERSONNEL oner of War/Missing Personnel GI Bill AUTHORIZATIONS Office. Sec. 651. Extension of Montgomery GI Bill-Se- Subtitle A—Active Forces Sec. 552. Three-year freeze on reductions of per- lected Reserve eligibility period. Sec. 401. End strengths for active forces. sonnel of agencies responsible for Subtitle F—Other Matters Sec. 402. Revision in permanent end strength review and correction of military Sec. 661. Addition of definition of continental minimum levels. records. United States in title 37. Sec. 403. Authority for military department Sec- Sec. 553. Department of Defense support for TITLE VII—HEALTH CARE MATTERS retaries to increase active-duty persons participating in military end strengths by up to 1 percent. funeral honors details. Subtitle A—Health Care Program Sec. 404. General and flag officer management. Sec. 554. Authority for use of volunteers as Improvements Sec. 405. Extension of certain authorities relat- proctors for administration of Sec. 701. Elimination of requirement for ing to management of numbers of Armed Services Vocational Apti- TRICARE preauthorization of in- general and flag officers in cer- tude Battery test. patient mental health care for tain grades. Sec. 555. Annual report on status of female medicare-eligible beneficiaries. Sec. 702. Expansion of TRICARE Prime Remote Subtitle B—Reserve Forces members of the Armed Forces. for certain dependents. Sec. 411. End strengths for Selected Reserve. Subtitle G—Benefits Sec. 703. Enabling dependents of certain mem- Sec. 412. End strengths for reserves on active Sec. 561. Voluntary leave sharing program for bers who died while on active duty in support of the Reserves. members of the Armed Forces. duty to enroll in the TRICARE Sec. 413. End strengths for military technicians Sec. 562. Enhanced flexibility in medical loan dental program. (dual status). repayment program. Sec. 704. Improvements regarding the Depart- Sec. 414. Fiscal year 2003 limitation on non- Sec. 563. Expansion of overseas tour extension ment of Defense Medicare-Eligible dual status technicians. benefits. Retiree Health Care Fund. Subtitle C—Authorization of Appropriations Sec. 564. Vehicle storage in lieu of transpor- Sec. 705. Certification of institutional and non- Sec. 421. Authorization of appropriations for tation when member is ordered to institutional providers under the military personnel. a nonforeign duty station outside TRICARE program. continental United States. Sec. 706. Technical correction regarding transi- TITLE V—MILITARY PERSONNEL POLICY tional health care. Subtitle H—Military Justice Matters Subtitle A—General Personnel Management Subtitle B—Reports Authorities Sec. 571. Right of convicted accused to request Sec. 711. Comptroller General report on Sec. 501. Increase in number of Deputy Com- sentencing by military judge. Sec. 572. Report on desirability and feasibility TRICARE claims processing. mandants of the Marine Corps. Sec. 712. Comptroller General report on provi- of consolidating separate courses Sec. 502. Extension of good-of-the-service waiv- sion of care under the TRICARE of basic instruction for judge ad- er authority for officers appointed program. vocates. to a Reserve Chief or Guard Di- Sec. 713. Repeal of report requirement. rector position. TITLE VI—COMPENSATION AND OTHER TITLE VIII—ACQUISITION POLICY, Subtitle B—Reserve Component Management PERSONNEL BENEFITS ACQUISITION MANAGEMENT, AND Sec. 511. Reviews of National Guard strength Subtitle A—Pay and Allowances RELATED MATTERS accounting and management and Sec. 601. Increase in basic pay for fiscal year Sec. 801. Plan for acquisition management pro- other issues. 2003. fessional exchange pilot program.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 6343 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 H2284 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Sec. 802. Evaluation of training, knowledge, Sec. 1018. Study of short-term and long-term ef- Sec. 1404. Designation of Pilot Range Wilder- and resources regarding negotia- fects of nuclear earth penetrator ness. tion of intellectual property ar- weapon. Sec. 1405. Designation of Cedar Mountain Wil- rangements. Sec. 1019. Study of short-term and long-term ef- derness. Sec. 803. Limitation period for task and delivery fects of nuclear-tipped ballistic DIVISION B—MILITARY CONSTRUCTION order contracts. missile interceptor. AUTHORIZATIONS Sec. 804. One-year extension of program apply- Subtitle C—Other Matters Sec. 2001. Short title; definition. ing simplified procedures to cer- Sec. 1021. Sense of Congress on maintenance of TITLE XXI—ARMY tain commercial items; report. a reliable, flexible, and robust Sec. 805. Authority to make inflation adjust- strategic deterrent. Sec. 2101. Authorized Army construction and ments to simplified acquisition Sec. 1022. Time for transmittal of annual de- land acquisition projects. threshold. fense authorization legislative Sec. 2102. Family housing. Sec. 806. Improvement of personnel manage- proposal. Sec. 2103. Improvements to military family ment policies and procedures ap- Sec. 1023. Technical and clerical amendments. housing units. plicable to the civilian acquisition Sec. 1024. War risk insurance for vessels in sup- Sec. 2104. Authorization of appropriations, workforce. port of NATO-approved oper- Army. Sec. 807. Modification of scope of ball and roller ations. Sec. 2105. Modification of authority to carry bearings covered for purposes of Sec. 1025. Conveyance, Navy drydock, Port- out certain fiscal year 2002 procurement limitation. land, Oregon. projects. Sec. 808. Rapid acquisition and deployment Sec. 1026. Additional Weapons of Mass Destruc- TITLE XXII—NAVY procedures. tion Civil Support Teams. Sec. 2201. Authorized Navy construction and Sec. 809. Quick-reaction special projects acqui- TITLE XI—CIVILIAN PERSONNEL MATTERS land acquisition projects. sition team. Sec. 1101. Eligibility of Department of Defense Sec. 2202. Family housing. Sec. 810. Report on development of anti- nonappropriated fund employees Sec. 2203. Improvements to military family cyberterrorism technology. for long-term care insurance. housing units. Sec. 811. Contracting with Federal Prison In- Sec. 1102. Extension of Department of Defense Sec. 2204. Authorization of appropriations, dustries. authority to make lump-sum sev- Navy. TITLE IX—DEPARTMENT OF DEFENSE erance payments. Sec. 2205. Modification of authority to carry ORGANIZATION AND MANAGEMENT Sec. 1103. Common occupational and health out certain fiscal year 2002 Sec. 901. Change in title of Secretary of the standards for differential pay- project. Navy to Secretary of the Navy ments as a consequence of expo- TITLE XXIII—AIR FORCE and Marine Corps. sure to asbestos. Sec. 2301. Authorized Air Force construction Sec. 902. Report on implementation of United Sec. 1104. Continuation of Federal Employee and land acquisition projects. States Northern Command. Health Benefits program eligi- Sec. 2302. Family housing. Sec. 903. National defense mission of Coast bility. Sec. 2303. Improvements to military family Guard to be included in future Sec. 1105. Triennial full-scale Federal wage sys- housing units. Quadrennial Defense Reviews. tem wage surveys. Sec. 2304. Authorization of appropriations, Air Sec. 904. Change in year for submission of TITLE XII—MATTERS RELATING TO OTHER Force. Quadrennial Defense Review. NATIONS Sec. 905. Report on effect of noncombat oper- Sec. 1201. Support of United Nations-sponsored TITLE XXIV—DEFENSE AGENCIES ations on combat readiness of the efforts to inspect and monitor Sec. 2401. Authorized Defense Agencies con- Armed Forces. Iraqi weapons activities. struction and land acquisition Sec. 906. Conforming amendment to reflect dis- Sec. 1202. Strengthening the defense of Taiwan. projects. establishment of Department of Sec. 1203. Administrative services and support Sec. 2402. Improvements to military family Defense Consequence Manage- for foreign liaison officers. housing units. ment Program Integration Office. Sec. 1204. Additional countries covered by loan Sec. 2403. Energy conservation projects. TITLE X—GENERAL PROVISIONS guarantee program. Sec. 2404. Authorization of appropriations, De- Sec. 1205. Limitation on funding for Joint Data fense Agencies. Subtitle A—Financial Matters Exchange Center in Moscow. Sec. 2405. Modification of authority to carry Sec. 1001. Transfer authority. Sec. 1206. Limitation on number of military per- out certain fiscal year 2000 Sec. 1002. Authorization of supplemental appro- sonnel in Colombia. project. priations for fiscal year 2002. TITLE XIII—COOPERATIVE THREAT RE- Sec. 2406. Modification of authority to carry Sec. 1003. Uniform standards throughout De- DUCTION WITH STATES OF THE FORMER out certain fiscal year 1999 partment of Defense for exposure SOVIET UNION project. of personnel to pecuniary liability Sec. 1301. Specification of Cooperative Threat Sec. 2407. Modification of authority to carry for loss of Government property. out certain fiscal year 1997 Sec. 1004. Accountable officials in the Depart- Reduction programs and funds. Sec. 1302. Funding allocations. project. ment of Defense. Sec. 1303. Prohibition against use of funds until TITLE XXV—NORTH ATLANTIC TREATY Sec. 1005. Improvements in purchase card man- submission of reports. ORGANIZATION SECURITY INVESTMENT agement. Sec. 1304. Report on use of revenue generated Sec. 1006. Authority to transfer funds within a PROGRAM by activities carried out under Co- major acquisition program from Sec. 2501. Authorized NATO construction and operative Threat Reduction pro- procurement to RDT&E. land acquisition projects. grams. Sec. 1007. Development and procurement of fi- Sec. 2502. Authorization of appropriations, Sec. 1305. Prohibition against use of funds for NATO. nancial and nonfinancial man- second wing of fissile material agement systems. storage facility. TITLE XXVI—GUARD AND RESERVE Subtitle B—Reports Sec. 1306. Sense of Congress and report require- FORCES FACILITIES Sec. 1011. After-action reports on the conduct of ment regarding Russian prolifera- Sec. 2601. Authorized guard and reserve con- military operations conducted as tion to Iran. struction and land acquisition part of Operation Enduring Free- Sec. 1307. Prohibition against use of Coopera- projects. dom. tive Threat Reduction funds out- TITLE XXVII—EXPIRATION AND Sec. 1012. Report on biological weapons defense side the States of the former So- EXTENSION OF AUTHORIZATIONS viet Union. and counter-proliferation. Sec. 2701. Expiration of authorizations and Sec. 1308. Limited waiver of restriction on use Sec. 1013. Requirement that Department of De- amounts required to be specified fense reports to Congress be ac- of funds. Sec. 1309. Limitation on use of funds until sub- by law. companied by electronic version. Sec. 2702. Extension of authorizations of cer- mission of report on defense and Sec. 1014. Strategic force structure plan for nu- tain fiscal year 2000 projects. military contacts activities. clear weapons and delivery sys- Sec. 2703. Extension of authorizations of cer- tems. TITLE XIV—UTAH TEST AND TRAINING tain fiscal year 1999 projects. Sec. 1015. Report on establishment of a joint RANGE Sec. 2704. Effective date. national training complex and Sec. 1401. Definition of Utah Test and Training TITLE XXVIII—GENERAL PROVISIONS joint opposing forces. Range. Sec. 1016. Repeal of various reports required of Sec. 1402. Military operations and overflights at Subtitle A—Military Construction Program the Department of Defense. Utah Test and Training Range. and Military Family Housing Changes Sec. 1017. Report on the role of the Department Sec. 1403. Designation and management of Sec. 2801. Changes to alternative authority for of Defense in supporting home- lands in Utah Test and Training acquisition and improvement of land security. Range. military housing.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 6343 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2285 Sec. 2802. Modification of authority to carry Sec. 3127. Funds available for all national secu- (4) For ammunition, $1,320,026,000. out construction projects as part rity programs of the Department (5) For other procurement, $6,119,447,000. of environmental response action. of Energy. SEC. 102. NAVY AND MARINE CORPS. Sec. 2803. Leasing of military family housing in Sec. 3128. Availability of funds. (a) NAVY.—Funds are hereby authorized to be Korea. Sec. 3129. Transfer of defense environmental appropriated for fiscal year 2003 for procure- Subtitle B—Real Property and Facilities management funds. ment for the Navy as follows: Administration Sec. 3130. Transfer of weapons activities funds. (1) For aircraft, $8,971,555,000. Sec. 2811. Agreements with private entities to Sec. 3131. Scope of authority to carry out plant (2) For weapons, including missiles and tor- limit encroachments and other projects. pedoes, $1,916,617,000. constraints on military training, Subtitle C—Program Authorizations, (3) For shipbuilding and conversion, testing, and operations. Restrictions, and Limitations $9,279,494,000. Sec. 2812. Conveyance of surplus real property Sec. 3141. One-year extension of panel to assess (4) For other procurement, $4,527,763,000. for natural resource conservation the reliability, safety, and secu- (b) MARINE CORPS.—Funds are hereby author- purposes. rity of the United States nuclear ized to be appropriated for fiscal year 2003 for Sec. 2813. National emergency exemption from stockpile. procurement for the Marine Corps in the screening and other requirements Sec. 3142. Transfer to National Nuclear Secu- amount of $1,351,983,000. of McKinney-Vento Homeless As- rity Administration of Department (c) NAVY AND MARINE CORPS AMMUNITION.— sistance Act for property used in of Defense’s Cooperative Threat Funds are hereby authorized to be appropriated support of response activities. Reduction program relating to for fiscal year 2003 for procurement of ammuni- Sec. 2814. Demonstration program on reduction elimination of weapons grade plu- tion for the Navy and the Marine Corps in the in long-term facility maintenance tonium in Russia. amount of $1,104,453,000. costs. Sec. 3143. Repeal of requirement for reports on SEC. 103. AIR FORCE. Sec. 2815. Expanded authority to transfer prop- obligation of funds for programs Funds are hereby authorized to be appro- erty at military installations to be on fissile materials in Russia. priated for fiscal year 2003 for procurement for closed to persons who construct or Sec. 3144. Annual certification to the President the Air Force as follows: provide military family housing. and Congress on the condition of (1) For aircraft, $12,522,755,000. Subtitle C—Land Conveyances the United States nuclear weap- (2) For missiles, $3,482,639,000. PART I—ARMY CONVEYANCES ons stockpile. (3) For ammunition, $1,176,864,000. Sec. 2821. Land conveyances, lands in Alaska Sec. 3145. Plan for achieving one-year readiness (4) For other procurement, $10,907,730,000. no longer required for National posture for resumption by the SEC. 104. DEFENSE-WIDE ACTIVITIES. Guard purposes. United States of underground nu- Funds are hereby authorized to be appro- Sec. 2822. Land conveyance, Fort Campbell, clear weapons tests. priated for fiscal year 2003 for Defense-wide pro- Kentucky. Subtitle D—Matters Relating to curement in the amount of $2,621,009,000. Sec. 2823. Land conveyance, Army Reserve Defense Environmental Management SEC. 105. DEFENSE INSPECTOR GENERAL. Training Center, Buffalo, Min- Sec. 3151. Defense environmental management Funds are hereby authorized to be appro- nesota. cleanup reform program. priated for fiscal year 2003 for procurement for Sec. 2824. Land conveyance, Fort Bliss, Texas the Inspector General of the Department of De- Sec. 2825. Land conveyance, Fort Hood, Texas. Sec. 3152. Report on status of environmental management initiatives to accel- fense in the amount of $2,000,000. PART II—NAVY CONVEYANCES erate the reduction of environ- SEC. 106. CHEMICAL DEMILITARIZATION PRO- Sec. 2831. Land conveyance, Marine Corps Air mental risks and challenges posed GRAM. Station, Miramar, San Diego, by the legacy of the Cold War. There is hereby authorized to be appropriated California. TITLE XXXII—DEFENSE NUCLEAR for fiscal year 2003 the amount of $1,490,199,000 Sec. 2832. Boundary adjustments, Marine Corps FACILITIES SAFETY BOARD for— Base, Quantico, and Prince Wil- (1) the destruction of lethal chemical agents liam Forest Park, Virginia. Sec. 3201. Authorization. and munitions in accordance with section 1412 PART III—AIR FORCE CONVEYANCES TITLE XXXIII—NATIONAL DEFENSE of the Department of Defense Authorization Sec. 2841. Land conveyances, Wendover Air STOCKPILE Act, 1986 (50 U.S.C. 1521); and Force Base Auxiliary Field, Ne- Sec. 3301. Authorized uses of National Defense (2) the destruction of chemical warfare mate- vada. Stockpile funds. riel of the United States that is not covered by section 1412 of such Act. Subtitle D—Other Matters TITLE XXXIV—NAVAL PETROLEUM SEC. 107. DEFENSE HEALTH PROGRAMS. Sec. 2861. Easement for construction of roads or RESERVES Funds are hereby authorized to be appro- highways, Marine Corps Base, Sec. 3401. Authorization of appropriations. priated for fiscal year 2003 for the Department Camp Pendleton, California. TITLE XXXV—MARITIME ADMINISTRATION of Defense for procurement for carrying out Sec. 2862. Sale of excess treated water and Sec. 3501. Authorization of appropriations for health care programs, projects, and activities of wastewater treatment capacity, fiscal year 2003. the Department of Defense in the total amount Marine Corps Base, Camp Sec. 3502. Authority to convey vessel USS of $278,742,000. Lejeune, North Carolina. SPHINX (ARL–24). Sec. 2863. Ratification of agreement regarding SEC. 111. SHIPBUILDING INITIATIVE. Sec. 3503. Financial assistance to States for Adak Naval Complex, Alaska, and (a) USE OF SPECIFIED SHIPBUILDING AUTHOR- preparation of transferred obso- related land conveyances. IZATION AMOUNT SUBJECT TO CONTRACTOR Sec. 2864. Special requirements for adding mili- lete ships for use as artificial AGREEMENT.—Of the amounts authorized to be tary installation to closure list. reefs. appropriated by section 102(a)(3) for fiscal year Sec. 3504. Independent analysis of title XI in- 2003, $810,000,000 shall be available for ship- DIVISION C—DEPARTMENT OF ENERGY surance guarantee applications. NATIONAL SECURITY AUTHORIZATIONS building programs of the Navy either in accord- SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES AND OTHER AUTHORIZATIONS ance with subsection (b) or in accordance with DEFINED. subsection (c). TITLE XXXI—DEPARTMENT OF ENERGY For purposes of this Act, the term ‘‘congres- (b) DDG–51 AUTHORIZATION IF AGREEMENT NATIONAL SECURITY PROGRAMS sional defense committees’’ means— REACHED.—If as of the date of the enactment of Subtitle A—National Security Programs (1) the Committee on Armed Services and the this Act the Secretary of the Navy has submitted Authorizations Committee on Appropriations of the Senate; and to Congress a certification described in sub- Sec. 3101. National Nuclear Security Adminis- (2) the Committee on Armed Services and the section (d), then the amount referred to in sub- tration. Committee on Appropriations of the House of section (a) shall be available for procurement of Sec. 3102. Environmental and other defense ac- Representatives. one Arleigh Burke class (DDG-51) destroyer. tivities. DIVISION A—DEPARTMENT OF DEFENSE (c) AUTHORIZATION IF AGREEMENT NOT Subtitle B—Department of Energy National AUTHORIZATIONS REACHED.—If as of the date of the enactment of Security Authorizations General Provisions TITLE I—PROCUREMENT this Act the Secretary of the Navy has not sub- mitted to Congress a certification described in Sec. 3120. Short title; definitions. Subtitle A—Authorization of Appropriations Sec. 3121. Reprogramming. subsection (d), then the amount referred to in Sec. 3122. Minor construction projects. SEC. 101. ARMY. subsection (a) shall be available as follows: Sec. 3123. Limits on construction projects. Funds are hereby authorized to be appro- (1) $415,000,000 shall be available for advance Sec. 3124. Fund transfer authority. priated for fiscal year 2003 for procurement for procurement for Virginia class submarines. Sec. 3125. Authority for conceptual and con- the Army as follows: (2) $210,000,000 shall be available for advance struction design. (1) For aircraft, $2,300,327,000. procurement for cruiser conversion. Sec. 3126. Authority for emergency planning, (2) For missiles, $1,693,896,000. (3) $185,000,000 shall be available for nuclear- design, and construction activi- (3) For weapons and tracked combat vehicles, powered submarine (SSN) engineered refueling ties. $2,372,958,000. overhaul.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 H2286 CONGRESSIONAL RECORD — HOUSE May 9, 2002

(d) CERTIFICATION.—A certification referred to procurement of an end item under a multiyear (2) the relationship of the entity described in in subsections (b) and (c) is a certification by contract for the purchase of property only for such section to the InterAgency Board for the Secretary of the Navy that the prime con- procurement of a complete and usable end item. Equipment Standardization and Interoper- tractor for the Virginia class submarine program ‘‘(B) Unless otherwise authorized by law, the ability; and has entered into a binding agreement with the Secretary of Defense may obligate funds appro- (3) the strategic plan of such entity to meet United States to expend from its own funds an priated for any fiscal year for advance procure- the goals described in such section. amount not less than $385,000,000 for economic ment under a multiyear contract for the pur- (e) CLERICAL AMENDMENT.—The table of sec- order quantity procurement of nuclear and non- chase of property only for the procurement of tions at the beginning of subchapter III of chap- nuclear components for Virginia class sub- those long-lead items necessary in order to meet ter 148 of title 10, United States Code, is amend- marines beginning in fiscal year 2003. a planned delivery schedule for complete major ed by adding at the end the following new item: (e) MULTIYEAR PROCUREMENT AUTHORITY.— end items that are programmed under the con- ‘‘2520. Transfer of technology items and equip- (1) If the terms of an agreement described in tract to be acquired with funds appropriated for ment in support of homeland se- subsection (d) between the United States and a subsequent fiscal year.’’. curity.’’. the prime contractor for the Virginia class sub- FFECTIVE ATE (b) E D .—Paragraph (4) of sec- SEC. 143. DESTRUCTION OF EXISTING STOCKPILE marine program include a requirement for the tion 2306b(i) of title 10, United States Code, as OF LETHAL CHEMICAL AGENTS AND Secretary of the Navy to seek to acquire Vir- added by subsection (a), shall not apply with re- MUNITIONS. ginia class submarines through a multiyear pro- spect to any multiyear contract authorized by (a) PROGRAM MANAGEMENT.—The Secretary of curement contract, the Secretary of the Navy law before the date of the enactment of this Act. Defense shall ensure that the program for de- may, in accordance with section 2306b of title 10, SEC. 142. TRANSFER OF TECHNOLOGY ITEMS AND struction of the United States stockpile of lethal United States Code, enter into a multiyear con- EQUIPMENT IN SUPPORT OF HOME- chemical agents and munitions is managed as a tract for procurement of Virginia class sub- LAND SECURITY. major defense acquisition program (as defined in marines, beginning with the fiscal year 2003 pro- (a) IN GENERAL.—Subchapter III of chapter section 2430 of title 10, United States Code) in gram year. 148 of title 10, United States Code, is amended accordance with the essential elements of such (2)(A) In the case of a contract authorized by by adding at the end the following new section: programs as may be determined by the Sec- paragraph (1), a certification under subsection ‘‘§ 2520. Transfer of technology items and retary. (i)(1)(A) of section 2306b of title 10, United equipment in support of homeland security (b) REQUIREMENT FOR UNDER SECRETARY OF States Code, with respect to that contract may ‘‘The Secretary of Defense shall enter into an DEFENSE (COMPTROLLER) ANNUAL CERTIFI- only be submitted if the certification includes an agreement with an independent, nonprofit, CATION.—Beginning with respect to the budget additional certification that each of the condi- technology-oriented entity that has dem- request for fiscal year 2004, the Under Secretary tions specified in subsection (a) of that section onstrated the ability to facilitate the transfer of of Defense (Comptroller) shall submit to the con- has been satisfied with respect to that contract. gressional defense committees on an annual (B) Upon transmission to Congress of a certifi- defense technologies, developed by both the pri- vate and public sectors, to aid Federal, State, basis a certification that the budget request for cation referred to in subparagraph (A) with re- the chemical agents and munitions destruction spect to a contract authorized by paragraph (1), and local first responders. Under the agreement the entity shall develop and deploy technology program has been submitted in accordance with the contract may then be entered into only after the requirements of applicable Federal laws. a period of 30 days has elapsed after the date of items and equipment, through coordination be- SEC. 144. REPORT ON UNMANNED AERIAL VEHI- the transmission of such certification. tween Government agencies and private sector, commercial developers and suppliers of tech- CLE SYSTEMS. Subtitle C—Air Force Programs nology, that will enhance public safety and (a) REPORT.—Not later than January 1, 2003, SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY shall— the Secretary of Defense shall submit to Con- FOR C–130J AIRCRAFT PROGRAM. ‘‘(1) work in coordination with the Inter- gress a report on unmanned aerial vehicle sys- (a) MULTIYEAR AUTHORITY.—Beginning with Agency Board for Equipment Standardization tems of the Department of Defense. the fiscal year 2003 program year, the Secretary and Interoperability; (b) MATTERS TO BE INCLUDED CONCERNING of the Air Force may, in accordance with section ‘‘(2) develop technology items and equipment UNMANNED AERIAL VEHICLE SYSTEMS.—The Sec- 2306b of title 10, United States Code, enter into that meet the standardization requirements es- retary shall include in the report under sub- a multiyear contract for procurement of C-130J tablished by the Board; section (a) the following, shown for each system aircraft. ‘‘(3) evaluate technology items and equipment referred to in that subsection: (b) LIMITATION.—The Secretary of Defense that have been identified using the standards (1) A description of the infrastructure that the may not enter into a contract authorized by developed by the Board and other state-of-the- Department of Defense has (or is planning) for subsection (a) until— art technology items and equipment that may the system. (1) the Secretary submits to the congressional benefit first responders; (2) A description of the operational require- defense committees a certification described in ‘‘(4) identify and coordinate among the public ments document (ORD) for the system. subsection (c); and and private sectors research efforts applicable to (3) A description of the physical infrastruc- (2) a period of 30 days has expired after such national security and homeland security; ture of the Department for training and basing. certification is submitted. ‘‘(5) facilitate the timely transfer of tech- (4) A description of the manner in which the (c) REQUIRED CERTIFICATION AS TO PROGRESS nology items and equipment between public and Department is interfacing with the industrial TOWARD SUCCESSFUL OPERATIONAL TEST AND private sources; base. EVALUATION.—A certification under subsection ‘‘(6) eliminate redundant research efforts with (5) A description of the acquisition plan for (b)(1) is a certification by the Secretary of De- respect to technologies to be deployed to first re- the system. fense that the C-130J program is making satis- sponders; (c) SUGGESTIONS FOR CHANGES IN LAW.—The factory progress towards a successful oper- ‘‘(7) expedite the advancement of high priority Secretary shall also include in the report under ational test and evaluation. projects from research through implementation subsection (a) such suggestions as the Secretary (d) REQUIRED CERTIFICATION WITH RESPECT of initial manufacturing; and considers appropriate for changes in law that TO MULTIYEAR CONTRACTING CONDITIONS.—(1) ‘‘(8) establish an outreach program, in coordi- would facilitate the way the Department ac- In the case of a contract authorized by sub- nation with the Board, with first responders to quires unmanned aerial vehicle systems. section (a) of this section, a certification under facilitate awareness of available technology SEC. 145. REPORT ON IMPACT OF ARMY AVIATION subsection (i)(1)(A) of section 2306b of title 10, items and equipment to support crisis re- MODERNIZATION PLAN ON THE United States Code, with respect to that con- sponse.’’. ARMY NATIONAL GUARD. tract may only be submitted if the certification (b) DEADLINE FOR AGREEMENT.—The Sec- (a) REPORT BY CHIEF OF THE NATIONAL GUARD includes an additional certification that each of retary of Defense shall enter into the agreement BUREAU.—Not later than February 1, 2003, the the conditions specified in subsection (a) of that required by section 2520 of title 10, United States Chief of the National Guard Bureau shall sub- section has been satisfied with respect to that Code (as added by subsection (a)) not later than mit to the Committees on Armed Services of the contract. January 15, 2003. Senate and the House of Representatives a re- (2) Upon transmission to Congress of a certifi- (c) STRATEGIC PLAN.—The entity described in port on the requirements for Army National cation referred to in paragraph (1) with respect section 2520 of such title shall develop a stra- Guard aviation. The report shall include the fol- to a contract authorized by subsection (a), the tegic plan to carry out the goals described in lowing: contract may then be entered into only after a such section, which shall include identification (1) An analysis of the impact of the Army period of 30 days has elapsed after the date of of— Aviation Modernization Plan on the ability of the transmission of such certification. (1) the initial technology items and equipment the Army National Guard to conduct its avia- Subtitle D—Other Programs considered for development; and tion missions. SEC. 141. REVISIONS TO MULTIYEAR CON- (2) the program schedule timelines for such (2) The plan under that aviation moderniza- TRACTING AUTHORITY. technology items and equipment. tion plan for the transfer of aircraft from the (a) USE OF PROCUREMENT AND ADVANCE PRO- (d) REPORT REQUIRED.—Not later than March active component of the Army to the Army re- CUREMENT FUNDS.—Section 2306b(i) of title 10, 15, 2003, the Secretary of Defense shall submit to serve components, including a timeline for those United States Code, is amended by adding at the the Committees on Armed Services of the Senate transfers. end the following new paragraph: and the House of Representatives a report on— (3) The progress, as of January 1, 2003, in car- ‘‘(4)(A) Unless otherwise authorized by law, (1) the actions taken to carry out such section rying out the transfers under the plan referred the Secretary of Defense may obligate funds for 2520; to in paragraph (2).

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2287

(4) An evaluation of the suitability of existing (d) ANNUAL DOD INSPECTOR GENERAL RE- SEC. 214. REVISED REQUIREMENTS FOR PLAN Commercial Off The Shelf (COTS) light-twin en- VIEW.—(1) Not later than March 1 of each year, FOR MANUFACTURING TECHNOLOGY gine helicopters for performance of Army Na- the Department of Defense Inspector General PROGRAM. tional Guard aviation missions. shall review the RAH–66 Comanche aircraft pro- (a) STREAMLINED CONTENTS OF PLAN.—Sub- (b) VIEWS OF THE CHIEF OF STAFF OF THE gram and submit to Congress a report on the re- section (e) of section 2521 of title 10, United ARMY.—If, before the report under subsection sults of the review. States Code, is amended by striking ‘‘prepare a (a) is submitted, the Chief of the National (2) The report submitted on the program each five-year plan’’ in paragraph (1) and all that Guard Bureau receives from the Chief of Staff of year shall include the following: follows through the end of subparagraph (B) of the Army the views of the Chief of Staff on the (A) The extent to which engineering and man- paragraph (2) and inserting the following: ‘‘pre- matters to be covered in the report, the Chief of ufacturing development under the program is pare and maintain a five-year plan for the pro- the Bureau shall include those views with the meeting the goals established for engineering gram. ‘‘(2) The plan shall establish the following: report as submitted under subsection (a). and manufacturing development under the pro- ‘‘(A) The overall manufacturing technology gram, including the performance, cost, and TITLE II—RESEARCH, DEVELOPMENT, objectives, milestones, priorities, and investment schedule goals. TEST, AND EVALUATION strategy for the program. Subtitle A—Authorization of Appropriations (B) The status of modifications expected to ‘‘(B) The specific objectives of, and funding have a significant effect on cost, schedule, or SEC. 201. AUTHORIZATION OF APPROPRIATIONS. for the program by, each military department performance of RAH–66 aircraft. Funds are hereby authorized to be appro- and each Defense Agency participating in the priated for fiscal year 2003 for the use of the De- (C) The plan for engineering and manufac- program.’’. partment of Defense for research, development, turing development (leading to production) (b) BIENNIAL REPORT.—Such subsection is fur- test, and evaluation as follows: under the program for the fiscal year that be- ther amended in paragraph (3)— (1) For the Army, $6,933,319,000. gins in the following year. (1) by striking ‘‘annually’’ and inserting ‘‘bi- (2) For the Navy, $13,274,540,000. (D) A conclusion regarding whether the plan ennially’’; and (3) For the Air Force, $18,803,184,000. referred to in subparagraph (C) is consistent (2) by striking ‘‘for a fiscal year’’ and insert- (4) For Defense-wide activities, $17,413,291,000, with the limitation in subsection (a). ing ‘‘for each even-numbered fiscal year’’. of which $222,054,000 is authorized for the Direc- (E) A conclusion regarding whether engineer- SEC. 215. TECHNOLOGY TRANSITION INITIATIVE. tor of Operational Test and Evaluation. ing and manufacturing development (leading to (a) ESTABLISHMENT AND CONDUCT.—Chapter SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND production) under the program is likely to be 139 of title 10, United States Code, is amended TECHNOLOGY. completed at a total cost not in excess of the by inserting after section 2359 the following new (a) FISCAL YEAR 2003.—Of the amounts au- amount specified in subsection (a). section: thorized to be appropriated by section 201, (3) No report is required under this subsection ‘‘§ 2359a. Technology Transition Initiative $10,023,658,000 shall be available for the Defense after the RAH–66 aircraft has completed engi- ‘‘(a) INITIATIVE REQUIRED.—The Secretary of Science and Technology Program, including neering and manufacturing development. Defense, acting through the Under Secretary of basic research, applied research, and advanced (e) LIMITATION ON OBLIGATION OF FUNDS.—Of Defense for Acquisition, Technology, and Logis- technology development projects. the total amount authorized to be appropriated tics, shall carry out an initiative, to be known (b) BASIC RESEARCH, APPLIED RESEARCH, AND for the RAH–66 Comanche aircraft program for as the Technology Transition Initiative (herein- ADVANCED TECHNOLOGY DEVELOPMENT DE- research, development, test, and evaluation for after in this section referred to as the ‘Initia- FINED.—For purposes of this section, the term a fiscal year, not more than 90 percent of that tive’), to facilitate the rapid transition of new ‘‘basic research, applied research, and advanced amount may be obligated until the Department technologies from science and technology pro- technology development’’ means work funded in of Defense Inspector General submits to Con- grams of the Department of Defense into acqui- program elements for defense research and de- gress the report required to be submitted in that sition programs of the Department for the pro- velopment under Department of Defense cat- fiscal year under subsection (d). egory 6.1, 6.2, or 6.3. duction of such technologies. SEC. 212. EXTENSION OF REQUIREMENT RELAT- ‘‘(b) OBJECTIVES.—The Initiative shall have Subtitle B—Program Requirements, ING TO MANAGEMENT RESPONSI- the following objectives: Restrictions, and Limitations BILITY FOR NAVAL MINE COUNTER- ‘‘(1) To accelerate the introduction of new MEASURES PROGRAMS. SEC. 211. RAH–66 COMANCHE AIRCRAFT PRO- technologies into appropriate acquisition pro- Section 216(a) of the National Defense Au- GRAM. grams. (a) LIMITATION.—None of the funds author- thorization Act for Fiscal Years 1992 and 1993 ‘‘(2) To successfully demonstrate new tech- ized to be appropriated for fiscal year 2003 for (Public Law 102–190; 105 Stat. 1317), as most re- nologies in relevant environments. engineering and manufacturing development for cently amended by section 211 of the Strom ‘‘(3) To ensure that new technologies are suf- the RAH–66 Comanche aircraft program may be Thurmond National Defense Authorization Act ficiently mature for production. obligated until the Secretary of the Army sub- for Fiscal Year 1999 (Public Law 105–261; 112 ‘‘(c) MANAGEMENT OF INITIATIVE.—(1) The mits to the congressional defense committees a Stat. 1946), is amended by striking ‘‘through Initiative shall be managed by a senior official report, prepared in coordination with the Under 2003’’ and inserting ‘‘through 2008’’. in the Office of the Secretary of Defense des- Secretary of Defense for Acquisition, Tech- SEC. 213. EXTENSION OF AUTHORITY TO CARRY ignated by the Secretary (hereinafter in this sec- nology, and Logistics, containing an accurate OUT PILOT PROGRAM FOR REVITAL- tion referred to as the ‘Manager’). In managing estimate of funds required to complete engineer- IZING THE LABORATORIES AND TEST the Initiative, the Manager shall report directly AND EVALUATION CENTERS OF THE to the Under Secretary of Defense for Acquisi- ing and manufacturing development for that DEPARTMENT OF DEFENSE. aircraft and the new time line and plan for tion, Technology, and Logistics. Section 246 of the Strom Thurmond National bringing that aircraft to initial operational ca- ‘‘(2) The Secretary shall establish a board of Defense Authorization Act for Fiscal Year 1999 pability, as called for in the joint explanatory directors (hereinafter in this section referred to (Public Law 105–261; 112 Stat. 1955; 10 U.S.C. statement of the committee of conference on the as the ‘Board’), composed of the acquisition ex- 2358 note) is amended— bill S. 1438 of the One Hundred Seventh Con- ecutive of each military department, the mem- (1) in subsection (a)(1), by inserting before the gress (at page 535 of House Report 107–333, sub- bers of the Joint Requirements Oversight Coun- period at the end the following: ‘‘, and to dem- mitted December 12, 2001). cil, and the commander of the Joint Forces Com- onstrate improved efficiency in the performance (b) LIMITATION ON TOTAL COST OF ENGINEER- mand. The Board shall assist the Manager in of the research, development, test, and evalua- ING AND MANUFACTURING DEVELOPMENT.—The managing the Initiative. total amount obligated or expended for engi- tion functions of the Department of Defense’’; ‘‘(3) The Secretary shall establish, under the neering and manufacturing development under (2) in subsection (a)(4), by striking ‘‘for a pe- auspices of the Under Secretary of Defense for the RAH–66 Comanche aircraft program may riod’’ and all that follows through the period at Acquisition, Technology, and Logistics, a panel not exceed $6,000,000,000. the end and inserting ‘‘until March 1, 2008.’’; of highly qualified scientists and engineers. The (c) ADJUSTMENT OF LIMITATION AMOUNTS.—(1) (3) in subsection (b)(2), by striking ‘‘Promptly panel shall advise the Under Secretary on mat- Subject to paragraph (2), the Secretary of the after’’ and all that follows through ‘‘The report ters relating to the Initiative. Army shall adjust the amount of the limitation shall contain’’ and inserting ‘‘Not later than ‘‘(d) DUTIES OF MANAGER.—The Manager set forth in subsection (b) by the following December 31 of each year, the Secretary of De- shall have following duties: amounts: fense shall submit to the congressional defense ‘‘(1) To identify, in consultation with the (A) The amounts of increases or decreases in committees a report on the activities of the pilot Board, promising technologies that have been costs attributable to economic inflation after program during the preceding fiscal year. Each demonstrated in science and technology pro- September 30, 2002. such report shall contain, for each laboratory or grams of the Department. (B) The amounts of increases or decreases in center in the pilot program,’’; and ‘‘(2) To identify potential sponsors in the De- costs attributable to compliance with changes in (4) by adding at the end of subsection (b) the partment to undertake the transition of such Federal, State, or local laws enacted after Sep- following new paragraph: technologies into production. tember 30, 2002. ‘‘(3) Not later than March 1, 2007, the Sec- ‘‘(3) To work with the science and technology (2) Before making any adjustment under retary of Defense shall submit to the committees community and the acquisition community to paragraph (1) in an amount greater than referred to in paragraph (2) the Secretary’s rec- develop memoranda of agreement, joint funding $20,000,000, the Secretary of the Army shall sub- ommendation as to whether, and to what extent, agreements, and other cooperative arrangements mit to the congressional defense committees no- the authority to carry out the pilot program to provide for the transition of such technologies tice in writing of the proposed increase. should be extended.’’. into production.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 H2288 CONGRESSIONAL RECORD — HOUSE May 9, 2002 ‘‘(4) Provide funding support for projects se- the ‘Panel’) under the auspices of the Under gram for that fiscal year. The report shall in- lected under subsection (e). Secretary of Defense for Acquisition, Tech- clude the number and scope of challenge pro- ‘‘(e) JOINTLY FUNDED PROJECTS.—(1) The ac- nology, and Logistics. The duty of the Panel posals submitted, evaluated, subjected to full re- quisition executive of each military department shall be to carry out evaluations of challenge view, and adopted. shall identify technology projects of that mili- proposals under subsection (c). ‘‘(i) SUNSET.—The authority to carry out this tary department to recommend for funding sup- ‘‘(2) A member of the Panel may not partici- section shall terminate on September 30, 2007.’’. port under the Initiative and shall submit to the pate in any evaluation of a challenge proposal (2) The table of sections at the beginning of Manager a list of such recommended projects, under subsection (c) if at any time within the such chapter is amended by inserting after the ranked in order of priority. Such executive shall previous five years that member has, in any ca- item relating to section 2359a (as added by sec- identify such projects, and establish priorities pacity, participated in or been affiliated with tion 215) the following new item: among such projects, using a competitive proc- the acquisition program for which the challenge ‘‘2359b. Defense Acquisition Challenge Pro- ess, on the basis of the greatest potential bene- proposal is submitted. gram.’’. ‘‘(c) EVALUATION BY PANEL.—(1) Under proce- fits in areas of interest identified by the Sec- (b) INITIAL FUNDING.—(1) Of the funds au- retary of that military department. dures prescribed by the Secretary, a person or thorized to be appropriated by section 201(4) for ‘‘(2) The Manager, in consultation with the activity within or outside the Department of De- Defense-wide research, development, test, and Board, shall select projects for funding support fense may submit challenge proposals to the evaluation for fiscal year 2003, $25,000,000 shall from among the projects on the lists submitted Panel. be available in program element 0603826D8Z for under paragraph (1). From the funds made ‘‘(2) The Panel shall carry out an evaluation the Defense Acquisition Challenge Program re- available to the Manager for the Initiative, the of each challenge proposal submitted under quired by section 2359b of title 10, United States Manager shall provide funds for each selected paragraph (1) to determine each of the following Code, as added by subsection (a). criteria: project in an amount determined by mutual (2) The funds provided under paragraph (1) ‘‘(A) Whether the challenge proposal has agreement between the Manager and the acqui- may be used only for review and evaluation of merit. sition executive of the military department con- challenge proposals, and not for implementation ‘‘(B) Whether the challenge proposal is likely cerned, but not less than 50 percent of the total of challenge proposals. cost of the project. to result in improvements in performance, af- ‘‘(3) The acquisition executive of the military fordability, manufacturability, or operational Subtitle C—Ballistic Missile Defense department concerned shall manage each capability at the component, subsystem, or sys- SEC. 231. LIMITATION ON OBLIGATION OF FUNDS project selected under paragraph (2) that is un- tem level of the applicable acquisition program. FOR PROCUREMENT OF PATRIOT dertaken by the military department. Memo- ‘‘(C) Whether the challenge proposal could be (PAC–3) MISSILES PENDING SUBMIS- randa of agreement, joint funding agreements, implemented rapidly in the applicable acquisi- SION OF REQUIRED CERTIFICATION. and other cooperative arrangements between the tion program. None of the funds appropriated for fiscal year science and technology community and the ac- ‘‘(3) If the Panel determines that a challenge 2003 for procurement of missiles for the Army quisition community shall be used in carrying proposal satisfies each of the criteria specified may be obligated for the Patriot Advanced Ca- out the project if the acquisition executive deter- in paragraph (2), the person or activity submit- pability (PAC–3) missile program until the Sec- mines that it is appropriate to do so to achieve ting that challenge proposal shall be provided retary of Defense has submitted to the congres- the objectives of the project. an opportunity to submit such challenge pro- sional defense committees the following: (1) The criteria for the transfer of responsi- ‘‘(f) REQUIREMENT FOR PROGRAM ELEMENT.— posal for a full review and evaluation under In the budget justification materials submitted subsection (d). bility for a missile defense program from the Di- to Congress in support of the Department of De- ‘‘(d) FULL REVIEW AND EVALUATION.—(1) rector of the Missile Defense Agency to the Sec- fense budget for any fiscal year (as submitted Under procedures prescribed by the Secretary, retary of a military department, as required by with the budget of the President under section for each challenge proposal submitted for a full section 224(b)(2) of title 10, United States Code. 1105(a) of title 31), the amount requested for ac- review and evaluation as provided in subsection (2) The notice and certification with respect to tivities of the Initiative shall be set forth in a (c)(3), the office carrying out the applicable ac- the transfer of responsibility for the Patriot Ad- separate program element within amounts re- quisition program, and the prime system con- vanced Capability (PAC–3) missile program from quested for research, development, test, and tractor carrying out such program, shall jointly the Director to the Secretary of the Army re- evaluation for Defense-wide activities. conduct a full review and evaluation of the quired by section 224(c) of such title. ‘‘(g) DEFINITION OF ACQUISITION EXECUTIVE.— challenge proposal. SEC. 232. RESPONSIBILITY OF MISSILE DEFENSE In this section, the term ‘acquisition executive’, ‘‘(2) The full review and evaluation shall, AGENCY FOR RESEARCH, DEVELOP- with respect to a military department, means the independent of the determination of the Panel MENT, TEST, AND EVALUATION RE- under subsection (c)(2), determine each of the LATED TO SYSTEM IMPROVEMENTS official designated as the senior procurement ex- OF PROGRAMS TRANSFERRED TO ecutive for that military department under sec- matters specified in subparagraphs (A), (B), and MILITARY DEPARTMENTS. tion 16(3) of the Office of Federal Procurement (C) of such subsection. Section 224(e) of title 10, United States Code, Policy Act (41 U.S.C. 414(3)).’’. ‘‘(e) ACTION UPON FAVORABLE FULL REVIEW is amended— (b) CLERICAL AMENDMENT.—The table of sec- AND EVALUATION.—(1) Under procedures pre- (1) by striking ‘‘before a’’ and inserting ‘‘for tions at the beginning of such chapter is amend- scribed by the Secretary, each challenge pro- each’’; ed by inserting after the item relating to section posal determined under a full review and eval- (2) by striking ‘‘is’’; and 2359 the following new item: uation to satisfy each of the criteria specified in (3) by striking ‘‘roles and responsibilities’’ and ‘‘2359a. Technology Transition Initiative.’’. subsection (c)(2) shall be considered by the all that follows through the period at the end prime system contractor for incorporation into and inserting ‘‘responsibility for research, devel- SEC. 216. DEFENSE ACQUISITION CHALLENGE the applicable acquisition program as a new PROGRAM. opment, test, and evaluation related to system technology insertion at the component, sub- (a) IN GENERAL.—(1) Chapter 139 of title 10, improvements for that program remains with the system, or system level. United States Code, is amended by inserting Director.’’. ‘‘(2) The Secretary shall encourage the adop- after section 2359a (as added by section 215) the SEC. 233. AMENDMENTS TO REFLECT CHANGE IN tion of each challenge proposal referred to in following new section: NAME OF BALLISTIC MISSILE DE- paragraph (1) by providing suitable incentives FENSE ORGANIZATION TO MISSILE ‘‘§ 2359b. Defense Acquisition Challenge Pro- to the office carrying out the applicable acquisi- DEFENSE AGENCY. gram tion program and the prime system contractor (a) TITLE 10, UNITED STATES CODE.—Title 10, ‘‘(a) PROGRAM REQUIRED.—The Secretary of carrying out such program. United States Code, is amended as follows: Defense shall carry out a program to provide op- ‘‘(f) ACCESS TO TECHNICAL RESOURCES.—The (1) Sections 203, 223, and 224 are each amend- portunities for the increased introduction of in- Secretary shall ensure that the Panel (in car- ed by striking ‘‘Ballistic Missile Defense Organi- novative and cost-saving technology in acquisi- rying out evaluations of challenge proposals zation’’ each place it appears and inserting tion programs of the Department of Defense. under subsection (c)) and each office and prime ‘‘Missile Defense Agency’’. The program, to be known as the Defense Ac- system contractor (in conducting a full review (2)(A) The heading of section 203 is amended quisition Challenge Program (hereinafter in this and evaluation under subsection (d)) have the to read as follows: section referred to as the ‘Challenge Program’), authority to call upon the technical resources of ‘‘§ 203. Director of Missile Defense Agency’’. shall provide any person or activity within or the laboratories, research, development, and en- (B) The item relating to such section in the outside the Department of Defense with the op- gineering centers, test and evaluation activities, table of sections at the beginning of subchapter portunity to propose alternatives, to be known and other elements of the Department. II of chapter 8 is amended to read as follows: as challenge proposals, at the component, sub- ‘‘(g) ELIMINATION OF CONFLICTS OF INTER- system, or system level of an existing Depart- EST.—In carrying out each evaluation under ‘‘203. Director of Missile Defense Agency.’’. ment of Defense acquisition program that would subsection (c) and full review under subsection (b) PUBLIC LAW 107–107.—(1) Section 232 of result in improvements in performance, afford- (d), the Secretary shall ensure the elimination of the National Defense Authorization Act for Fis- ability, manufacturability, or operational capa- conflicts of interest. cal Year 2002 (Public Law 107–107; 10 U.S.C. bility of that acquisition program. ‘‘(h) REPORT.—The Secretary shall submit to 2431 note) is amended by striking ‘‘Ballistic Mis- ‘‘(b) PANEL.—(1) In carrying out the Chal- Congress, with the submission of the budget re- sile Defense Organization’’ each place it ap- lenge Program, the Secretary shall establish a quest for the Department of Defense for each pears and inserting ‘‘Missile Defense Agency’’. panel of highly qualified scientists and engi- fiscal year during which the Challenge Program (2) The heading for such section is amended to neers (hereinafter in this section referred to as is carried out, a report on the Challenge Pro- read as follows:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2289 ‘‘SEC. 232. PROGRAM ELEMENTS FOR MISSILE DE- Armed Forces and other activities and agencies SEC. 313. SINGLE POINT OF CONTACT FOR POL- FENSE AGENCY.’’. of the Department of Defense for providing cap- ICY AND BUDGETING ISSUES RE- (c) PUBLIC LAW 106–398.—(1) Section 3132 of ital for working capital and revolving funds in GARDING UNEXPLODED ORDNANCE, the Floyd D. Spence National Defense Author- DISCARDED MILITARY MUNITIONS, amounts as follows: AND MUNITIONS CONSTITUENTS. ization Act for Fiscal Year 2001 (as enacted into (1) For the Defense Working Capital Funds, Section 2701 of title 10, United States Code, is law by Public Law 106–398; 10 U.S.C. 2431 note) $1,504,956,000. amended by adding at the end the following is amended by striking ‘‘Ballistic Missile De- (2) For the National Defense Sealift Fund, new subsection: fense Organization’’ each place it appears and $934,129,000. ‘‘(k) UXO PROGRAM MANAGER.—(1) The Sec- inserting ‘‘Missile Defense Agency’’. SEC. 303. ARMED FORCES RETIREMENT HOME. retary of Defense shall establish a program (2) Such section is further amended in sub- manager who shall serve as the single point of There is hereby authorized to be appropriated section (c) by striking ‘‘BMDO’’ and inserting contact in the Department of Defense for policy for fiscal year 2003 from the Armed Forces Re- ‘‘MDA’’. and budgeting issues involving the characteriza- tirement Home Trust Fund the sum of (3) The section heading for such section is tion, remediation, and management of explosive $69,921,000 for the operation of the Armed amended to read as follows: and related risks with respect to unexploded Forces Retirement Home. ‘‘SEC. 3132. ENHANCED COOPERATION BETWEEN ordnance, discarded military munitions, and NATIONAL NUCLEAR SECURITY AD- Subtitle B—Environmental Provisions munitions constituents at defense sites (as such MINISTRATION AND MISSILE DE- terms are defined in section 2710 of this title) FENSE AGENCY.’’. SEC. 311. INCIDENTAL TAKING OF MIGRATORY that pose a threat to human health or safety. (d) OTHER LAWS.—The following provisions BIRDS DURING MILITARY READI- NESS ACTIVITY. ‘‘(2) The Secretary of Defense may delegate are each amended by striking ‘‘Ballistic Missile this authority to the Secretary of a military de- Defense Organization’’ each place it appears Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by adding at the end the partment, who may delegate the authority to and inserting ‘‘Missile Defense Agency’’: the Under Secretary of that military depart- following new subsection: (1) Section 233 of the National Defense Au- ment. The authority may not be further dele- thorization Act for Fiscal Year 1998 (Public Law ‘‘(c)(1) Section 2 shall not apply to the inci- gated. 105–85; 10 U.S.C. 223 note). dental taking of a migratory bird by a member ‘‘(3) The program manager may establish an (2) Section 234 of the National Defense Au- of the Armed Forces during a military readiness independent advisory and review panel that thorization Act for Fiscal Year 1996 (Public Law activity authorized by the Secretary of Defense may include representatives of the National 104–106; 10 U.S.C. 2431 note). or the Secretary of the military department con- Academy of Sciences, nongovernmental organi- (3) Sections 235 (10 U.S.C. 2431 note) and 243 cerned. zations with expertise regarding unexploded (10 U.S.C. 2431 note) of the National Defense ‘‘(2)(A) In this subsection, the term ‘military ordnance, discarded military munitions, or mu- Authorization Act for Fiscal Year 1994 (Public readiness activity’ includes— nitions constituents, the Environmental Protec- Law 103–160). ‘‘(i) all training and operations of the Armed tion Agency, States (as defined in section 2710 of TITLE III—OPERATION AND Forces that relate to combat; and this title), and tribal governments. If estab- MAINTENANCE ‘‘(ii) the adequate and realistic testing of mili- lished, the panel would report annually to Con- Subtitle A—Authorization of Appropriations tary equipment, vehicles, weapons, and sensors gress on progress made by the Department of for proper operation and suitability for combat Defense to address unexploded ordnance, dis- SEC. 301. OPERATION AND MAINTENANCE FUND- carded military munitions, or munitions con- ING. use. stituents at defense sites and make such rec- Funds are hereby authorized to be appro- ‘‘(B) The term does not include— ‘‘(i) the routine operation of installation oper- ommendations as the panel considered appro- priated for fiscal year 2003 for the use of the priate.’’. Armed Forces and other activities and agencies ating support functions, such as administrative of the Department of Defense for expenses, not offices, military exchanges, commissaries, water Subtitle C—Commissaries and otherwise provided for, for operation and main- treatment facilities, storage facilities, schools, Nonappropriated Fund Instrumentalities tenance, in amounts as follows: housing, motor pools, laundries, morale, wel- SEC. 321. AUTHORITY FOR EACH MILITARY DE- (1) For the Army, $24,159,733,000. fare, and recreation activities, shops, and mess PARTMENT TO PROVIDE BASE OPER- (2) For the Navy, $29,428,876,000. halls; ATING SUPPORT TO FISHER HOUSES. Section 2493(f) of title 10, United States Code, (3) For the Marine Corps, $3,588,512,000. ‘‘(ii) the operation of industrial activities; or is amended to read as follows: (4) For the Air Force, $27,299,404,000. ‘‘(iii) the construction or demolition of facili- ‘‘(f) BASE OPERATING SUPPORT.—The Sec- (5) For Defense-wide activities, $14,370,037,000. ties used for a purpose described in clause (i) or retary of a military department may provide (6) For the Army Reserve, $1,918,110,000. (ii).’’. base operating support for Fisher Houses associ- (7) For the Naval Reserve, $1,233,759,000. SEC. 312. MILITARY READINESS AND THE CON- ated with health care facilities of that military (8) For the Marine Corps Reserve, SERVATION OF PROTECTED SPE- department.’’. $185,532,000. CIES. (9) For the Air Force Reserve, $2,194,719,000. SEC. 322. USE OF COMMISSARY STORES AND MWR (a) LIMITATION ON DESIGNATION OF CRITICAL RETAIL FACILITIES BY MEMBERS OF (10) For the Army National Guard, HABITAT.—Section 4(a)(3) of the Endangered NATIONAL GUARD SERVING IN NA- $4,300,767,000. Species Act of 1973 (16 U.S.C. 1533(a)(3)) is TIONAL EMERGENCY. (11) For the Air National Guard, amended— (a) ADDITIONAL BASIS FOR AUTHORIZED USE.— $4,077,845,000. (1) by redesignating subparagraphs (A) and Section 1063a of title 10, United States Code, is (12) For the Defense Inspector General, (B) as clauses (i) and (ii), respectively; amended— $155,165,000. (1) in subsection (a), by inserting ‘‘or national (2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and (13) For the United States Court of Appeals emergency’’ after ‘‘federally declared disaster’’; (3) by adding at the end the following: for the Armed Forces, $9,614,000. and (14) For Environmental Restoration, Army, ‘‘(B)(i) The Secretary may not designate as (2) in subsection (c), by adding at the end the $395,900,000. critical habitat any lands or other geographical following new paragraph: (15) For Environmental Restoration, Navy, areas owned or controlled by the Department of ‘‘(3) NATIONAL EMERGENCY.—The term ‘na- $256,948,000. Defense, or designated for its use, that are sub- tional emergency’ means a national emergency (16) For Environmental Restoration, Air ject to an integrated natural resources manage- declared by the President or Congress.’’. Force, $389,773,000. ment plan prepared under section 101 of the (b) CLERICAL AMENDMENTS.—(1) The heading (17) For Environmental Restoration, Defense- Sikes Act (16 U.S.C. 670a), if the Secretary de- of such section is amended to read as follows: wide, $23,498,000. termines that such plan addresses special man- ‘‘§ 1063a. Use of commissary stores and MWR (18) For Environmental Restoration, Formerly agement considerations or protection (as those retail facilities: members of National Guard Used Defense Sites, $212,102,000. terms are used in section 3(5)(A)(i)). serving in federally declared disaster or na- (19) For Overseas Humanitarian, Disaster, ‘‘(ii) Nothing in this subparagraph affects the tional emergency’’. and Civic Aid programs, $58,400,000. requirement to consult under section 7(a)(2) (2) The table of sections at the beginning of (20) For Drug Interdiction and Counter-drug with respect to an agency action (as that term chapter 54 of such title is amended by striking Activities, Defense-wide, $848,907,000. is defined in that section). the item relating to section 1063a and inserting (21) For the Kaho’olawe Island Conveyance, ‘‘(iii) Nothing in this subparagraph affects the the following new item: Remediation, and Environmental Restoration obligation of the Department of Defense to com- ‘‘1063a. Use of commissary stores and MWR re- Trust Fund, $25,000,000. ply with section 9 of the Endangered Species Act tail facilities: members of National (22) For Defense Health Program, of 1973, including the prohibition preventing ex- Guard serving in federally de- $14,242,541,000. tinction and taking of endangered species and clared disaster or national emer- (23) For Cooperative Threat Reduction pro- threatened species.’’. gency.’’. grams, $416,700,000. (b) CONSIDERATION OF EFFECTS OF DESIGNA- SEC. 323. UNIFORM FUNDING AND MANAGEMENT (24) For Support for International Sporting TION OF CRITICAL HABITAT.—Section 4(b)(2) of OF MORALE, WELFARE, AND RECRE- Competitions, Defense, $19,000,000. the Endangered Species Act of 1973 (16 U.S.C. ATION PROGRAMS. SEC. 302. WORKING CAPITAL FUNDS. 1533(b)(2)) is amended by inserting ‘‘the impact (a) IN GENERAL.—Chapter 147 of title 10, Funds are hereby authorized to be appro- on national security,’’ after ‘‘the economic im- United States Code, is amended by adding at the priated for fiscal year 2003 for the use of the pact,’’. end the following new section:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 H2290 CONGRESSIONAL RECORD — HOUSE May 9, 2002 ‘‘§ 2494. Uniform funding and management of most cost effective manner for performance of SEC. 334. REPEAL OF OBSOLETE PROVISION RE- morale, welfare, and recreation programs the function by Department of Defense civilian GARDING DEPOT-LEVEL MAINTE- employees. NANCE AND REPAIR WORKLOADS ‘‘(a) AUTHORITY FOR UNIFORM FUNDING AND THAT WERE PERFORMED AT CLOSED MANAGEMENT.—Under regulations prescribed by ‘‘(C) The number of Department of Defense ci- OR REALIGNED MILITARY INSTALLA- the Secretary of Defense, funds appropriated to vilian employees who were performing the func- TIONS. the Department of Defense and available for tion when the analysis was commenced and the (a) REPEAL.—Section 2469a of title 10, United morale, welfare, and recreation programs may number of such employees whose employment States Code, is repealed. be treated as nonappropriated funds and ex- was or will be terminated or otherwise affected (b) CLERICAL AMENDMENT.—The table of sec- pended in accordance with laws applicable to by changing to performance of the function by tions at the beginning of chapter 146 of such the expenditures of nonappropriated funds. the private sector or by implementation of the title is amended by striking the item relating to When made available for morale, welfare, and most efficient organization of the function. section 2469a. recreation programs under such regulations, ap- ‘‘(D) The Secretary’s certification that the SEC. 335. CLARIFICATION OF REQUIRED CORE LO- propriated funds shall be considered to be non- factors considered in the examinations per- GISTICS CAPABILITIES. appropriated funds for all purposes and shall formed under subsection (b)(3), and in the mak- Section 2464(a)(3) of title 10, United States remain available until expended. ing of the decision regarding changing to per- Code, is amended by striking ‘‘those capabilities ‘‘(b) CONDITIONS ON AVAILABILITY.—Funds formance of the function by the private sector or that are necessary to maintain and repair the appropriated to the Department of Defense may retaining performance in the most efficient orga- weapon systems’’ and inserting ‘‘those logistics be made available to support a morale, welfare, nization of the function, did not include any capabilities (including acquisition logistics, sup- or recreation program only if the program is au- predetermined personnel constraint or limitation ply management, system engineering, mainte- thorized to receive appropriated fund support in terms of man years, end strength, full-time nance, and modification management) that are and only in the amounts the program is author- equivalent positions, or maximum number of em- necessary to sustain the weapon systems’’. ized to receive. ployees. Subtitle E—Defense Dependents Education ‘‘(c) CONVERSION OF EMPLOYMENT POSI- ‘‘(E) A statement of the potential economic ef- SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL TIONS.—(1) The Secretary of Defense may iden- fect of implementing the decision regarding AGENCIES THAT BENEFIT DEPEND- tify positions of employees in morale, welfare, ENTS OF MEMBERS OF THE ARMED and recreation programs within the Department changing to performance of the function by the private sector or retaining performance in the FORCES AND DEPARTMENT OF DE- of Defense who are paid with appropriated FENSE CIVILIAN EMPLOYEES. most efficient organization of the function on funds whose status may be converted from the (a) CONTINUATION OF DEPARTMENT OF DE- each affected local community, as determined in status of an employee paid with appropriated FENSE PROGRAM FOR FISCAL YEAR 2003.—Of the the examination under subsection (b)(3)(B)(ii). funds to the status of an employee of a non- amount authorized to be appropriated pursuant appropriated fund instrumentality. ‘‘(F) A schedule for completing the change to to section 301(5) for operation and maintenance ‘‘(2) The status of an employee in a position performance of the function by the private sec- for Defense-wide activities, $30,000,000 shall be identified by the Secretary under paragraph (1) tor or implementing the most efficient organiza- available only for the purpose of providing edu- may, with the consent of the employee, be con- tion of the function cational agencies assistance to local educational verted to the status of an employee of a non- ‘‘(G) In the case of a commercial or industrial agencies. appropriated fund instrumentality. An employee type function performed at a Center of Indus- (b) NOTIFICATION.—Not later than June 30, who does not consent to the conversion may not trial and Technical Excellence designated under 2003, the Secretary of Defense shall notify each be removed from the position because of the fail- section 2474(a) of this title or an Army ammuni- local educational agency that is eligible for edu- ure to provide such consent. tion plant, a description of the effect that the cational agencies assistance for fiscal year 2003 ‘‘(3) The conversion of an employee from the manner of performance of the function, and ad- of— status of an employee paid by appropriated ministration of the resulting contract if any, (1) that agency’s eligibility for the assistance; funds to the status of an employee of a non- will have on the overhead costs of the center or and appropriated fund instrumentality shall be ammunition plant, as the case may be. (2) the amount of the assistance for which without a break in service for the concerned em- ‘‘(H) The Secretary’s certification that the en- that agency is eligible. (c) DISBURSEMENT OF FUNDS.—The Secretary ployee. The conversion shall not entitle an em- tire analysis is available for examination. ployee to severance pay, back pay or separation of Defense shall disburse funds made available pay under subchapter IX of chapter 55 of title ‘‘(3)(A) If a decision is made to change the under subsection (a) not later than 30 days after 5, or be considered an involuntary separation or commercial or industrial type function that was the date on which notification to the eligible other adverse personnel action entitling an em- the subject of the analysis to performance by the local educational agencies is provided pursuant ployee to any right or benefit under such title or private sector, the change of the function to to subsection (b). any other provision of law or regulation. contractor performance may not begin until (d) DEFINITIONS.—In this section: ‘‘(4) In this subsection, the term ‘an employee after the submission of the report required by (1) The term ‘‘educational agencies assist- of a nonappropriated fund instrumentality’ paragraph (1). ance’’ means assistance authorized under sec- means an employee described in section 2105(c) ‘‘(B) Notwithstanding subparagraph (A), in tion 386(b) of the National Defense Authoriza- of title 5.’’. the case of a commercial or industrial type func- tion Act for Fiscal Year 1993 (Public Law 102– (b) CLERICAL AMENDMENT.—The table of sec- tion performed at a Center of Industrial and 484; 20 U.S.C. 7703 note). tions at the beginning of such chapter is amend- Technical Excellence designated under section (2) The term ‘‘local educational agency’’ has ed by adding at the end the following new item: 2474(a) of this title or an Army ammunition the meaning given that term in section 8013(9) of ‘‘2494. Uniform funding and management of mo- plant, the change of the function to contractor the Elementary and Secondary Education Act of rale, welfare, and recreation pro- performance may not begin until at least 60 1965 (20 U.S.C. 7713(9)). grams.’’. days after the submission of the report.’’. SEC. 342. AVAILABILITY OF QUARTERS ALLOW- ANCE FOR UNACCOMPANIED DE- SEC. 332. WAIVER AUTHORITY REGARDING PRO- Subtitle D—Workplace and Depot Issues FENSE DEPARTMENT TEACHER RE- HIBITION ON CONTRACTS FOR PER- QUIRED TO RESIDE ON OVERSEAS SEC. 331. NOTIFICATION REQUIREMENTS IN CON- FORMANCE OF SECURITY-GUARD MILITARY INSTALLATION. NECTION WITH REQUIRED STUDIES FUNCTIONS. FOR CONVERSION OF COMMERCIAL (a) AUTHORITY TO PROVIDE ALLOWANCE.— OR INDUSTRIAL TYPE FUNCTIONS Section 2465 of title 10, United States Code, is Subsection (b) of section 7 of the Defense De- TO CONTRACTOR PERFORMANCE. amended by adding at the end the following partment Overseas Teachers Pay and Personnel Subsection (c) of section 2461 of title 10, new subsection: Practices Act (20 U.S.C. 905) is amended by add- United States Code, is amended to read as fol- ‘‘(c) The Secretary of Defense or the Secretary ing at the end the following new sentence: ‘‘If lows: of a military department may waive the prohibi- the teacher is unaccompanied by dependents ‘‘(c) SUBMISSION OF ANALYSIS RESULTS.—(1) tion under subsection (a) regarding contracting and is required to reside on a United States mili- Upon the completion of an analysis of a com- for the performance of security-guard functions tary installation in an overseas area, the teach- mercial or industrial type function described in at a military installation or facility under the er may receive a quarters allowance to reside in subsection (a) for possible change to perform- jurisdiction of the Secretary if such functions— excess family housing at the installation not- ance by the private sector, the Secretary of De- ‘‘(1) are or will be performed by members of withstanding the availability single room hous- fense shall submit to Congress a report con- the armed forces in the absence of a waiver; or ing at the installation.’’. taining the results of the analysis, including the (b) TECHNICAL CORRECTION TO REFLECT CODI- ‘‘(2) were not performed at the installation or results of the examinations required by sub- FICATION.—Such section is further amended by facility before September 11, 2001.’’. section (b)(3). striking ‘‘the Act of June 26, 1930 (5 U.S.C. ‘‘(2) The report shall also contain the fol- SEC. 333. EXCLUSION OF CERTAIN EXPENDI- 118a)’’ both places it appears and inserting lowing: TURES FROM PERCENTAGE LIMITA- ‘‘section 5912 of title 5, United States Code’’. TION ON CONTRACTING FOR PER- ‘‘(A) The date when the analysis of the func- SEC. 343. PROVISION OF SUMMER SCHOOL PRO- FORMANCE OF DEPOT-LEVEL MAIN- tion was commenced. GRAMS FOR STUDENTS WHO ATTEND TENANCE AND REPAIR WORKLOADS. ‘‘(B) The Secretary’s certification that the DEFENSE DEPENDENTS’ EDUCATION Government calculation of the cost of perform- Section 2474(f)(2) of title 10, United States SYSTEM. ance of the function by Department of Defense Code, is amended by striking ‘‘for fiscal years Section 1402(d) of the Defense Dependents’ civilian employees is based on an estimate of the 2002 through 2005’’. Education Act of 1978 (20 U.S.C. 921(d)) is

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.024 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2291

amended by striking paragraph (2) and insert- the Secretary shall identify that system by (e) TELECOM SWITCH DEFINED.—In this sec- ing the following new paragraph (2): name, function, and total funds requested for tion, the term ‘‘telecom switch’’ means hardware ‘‘(2) Individuals eligible to receive a free pub- the system. or software designed to send and receive voice, lic education under subsection (a) may enroll (2) For each information technology and na- data, and video signals across a network. without charge in a summer school program of- tional security system of the Department of De- Subtitle G—Other Matters fered under this subsection. Students who are fense that has a cost for the fiscal year in excess required under section 1404 to pay tuition to en- of $10,000,000, the Secretary shall identify that SEC. 361. DISTRIBUTION OF MONTHLY REPORTS roll in a school of the defense dependents’ edu- system by name, function, and total funds re- ON ALLOCATION OF FUNDS WITHIN OPERATION AND MAINTENANCE cation system shall also be charged a fee, at a quested (by appropriation account) for that fis- BUDGET SUBACTIVITIES. rate established by the Secretary, to attend a cal year, the funds appropriated for the pre- (a) DESIGNATION OF RECIPIENTS.—Subsection course offered as part of the summer school pro- ceding fiscal year, and the funds estimated to be (a) of section 228 of title 10, United States Code, gram.’’. requested for the next fiscal year. is amended by striking ‘‘to Congress’’ and in- (d) DEFINITIONS.—In this section: Subtitle F—Information Technology serting ‘‘to the congressional defense commit- (1) The term ‘‘information technology’’ has tees’’. SEC. 351. NAVY-MARINE CORPS INTRANET CON- the meaning given that term in section 5002 of TRACT. ONGRESSIONAL DEFENSE COMMITTEES DE- the Clinger–Cohen Act of 1996 (40 U.S.C. (b) C (a) AUTHORIZED DURATION OF CONTRACT.— FINED.—Subsection (e) of such section is amend- 1401(3)). Section 814 of the Floyd D. Spence National De- (2) The term ‘‘capital asset’’ has the meaning ed— fense Authorization Act for Fiscal Year 2001, as given that term in Office of Management and (1) by striking ‘‘(e) O&M BUDGET ACTIVITY enacted into law by Public Law 106–398 (114 Budget Circular A–11. DEFINED.—For purposes of this section, the’’ Stat. 1654A–215) and amended by section 362 of (3) The term ‘‘national security system’’ has and inserting the following: Public Law 107–107 (115 Stat. 1065), is amend- the meaning given that term in section 5142 of ‘‘(e) DEFINITIONS.—In this section: ed— the Clinger–Cohen Act of 1996 (40 U.S.C. 1452). ‘‘(1) The’’; and (1) by redesignating subsection (i) as sub- SEC. 353. IMPLEMENTATION OF POLICY REGARD- (2) by adding at the end the following: section (j); and ING CERTAIN COMMERCIAL OFF- ‘‘(2) The term ‘congressional defense commit- (2) by inserting after subsection (h) the fol- THE-SHELF INFORMATION TECH- tees’ means the Committee on Armed Services lowing new subsection (i): NOLOGY PRODUCTS. and the Committee on Appropriations of the ‘‘(i) DURATION OF NAVY-MARINE CORPS The Secretary of Defense shall ensure that— Senate and the Committee on Armed Services INTRANET CONTRACT.—Notwithstanding section (1) the Department of Defense implements the and the Committee on Appropriations of the 2306c of title 10, United States Code, the Navy- policy established by the Committee on National House of Representatives.’’. Marine Corps Intranet contract may have a Security Systems (formerly the National Secu- SEC. 362. MINIMUM DEDUCTION FROM PAY OF term in excess of five years, but not more than rity Telecommunications and Information Sys- CERTAIN MEMBERS OF THE ARMED seven years.’’. tems Security Committee) that limits the acquisi- FORCES TO SUPPORT ARMED (b) CLARIFICATION OF PHASED IMPLEMENTA- tion by the Federal Government of all commer- FORCES RETIREMENT HOME. TION REQUIREMENTS.—Subsection (b) of such cial off-the-shelf information assurance and in- Section 1007(i) of title 37, United States Code, section is amended in paragraphs (2) and (3) by formation assurance-enabled information tech- is amended— striking ‘‘provided’’ each place it appears and nology products to those products that have (1) in paragraph (1), by striking ‘‘an amount inserting ‘‘ordered’’. been evaluated and validated in accordance (determined under paragraph (3)) not to exceed SEC. 352. ANNUAL SUBMISSION OF INFORMATION with appropriate criteria, schemes, or programs; $1.00.’’ and inserting ‘‘an amount equal to $1.00 ON NATIONAL SECURITY AND INFOR- and and such additional amount as may be deter- MATION TECHNOLOGY CAPITAL AS- (2) implementation of such policy includes mined under paragraph (3).’’; and SETS. uniform enforcement procedures. (2) in paragraph (3)— (a) REQUIREMENT TO SUBMIT INFORMATION.— SEC. 354. INSTALLATION AND CONNECTION POL- Not later than the date that the President sub- (A) by striking ‘‘the amount’’ in the first sen- ICY AND PROCEDURES REGARDING tence and inserting ‘‘the additional amount’’; mits the budget of the United States Government DEFENSE SWITCH NETWORK. to Congress each year, the Secretary of Defense and (a) ESTABLISHMENT OF POLICY AND PROCE- (B) by striking ‘‘The amount’’ in the second shall submit to Congress a description of, and DURES.—Not later than 180 days after the date relevant budget information on, each informa- sentence and inserting ‘‘The additional of the enactment of this Act, the Secretary of amount’’. tion technology and national security capital Defense shall establish clear and uniform policy asset of the Department of Defense that— and procedures, applicable to the military de- SEC. 363. CONDITION ON CONVERSION OF DE- (1) has an estimated life cycle cost (as com- FENSE SECURITY SERVICE TO A partments and Defense Agencies, regarding the WORKING CAPITAL FUNDED ENTITY. puted in fiscal year 2003 constant dollars), in installation and connection of telecom switches excess of $120,000,000; and The Secretary of Defense may not convert the to the Defense Switch Network. Defense Security Service to a working capital (2) has a cost for the fiscal year in which the (b) ELEMENTS OF POLICY AND PROCEDURES.— funded entity of the Department of Defense un- description is submitted (as computed in fiscal The policy and procedures shall address at a less the Secretary submits, in advance, to the year 2003 constant dollars) in excess of minimum the following: Committee on Armed Services of the House of $30,000,000. (1) Clear interoperability and compatibility re- Representatives and the Committee on Armed (b) INFORMATION TO BE INCLUDED.—The de- quirements for certifying, installing, and con- Services of the Senate a certification that the scription submitted under subsection (a) shall necting telecom switches to the Defense Switch Defense Security Service has the financial sys- include, with respect to each such capital asset Network. tems in place to fully support operation of the and national security system— (2) Current, complete, and enforceable testing, Defense Security Service as a working capital (1) the name and identifying acronym; validation, and certification procedures needed funded entity under section 2208 of title 10, (2) the date of initiation; to ensure the interoperability and compatibility United States Code. (3) a summary of performance measurements requirements are satisfied. and metrics; (c) EXCEPTIONS.—(1) The Secretary of Defense SEC. 364. CONTINUATION OF ARSENAL SUPPORT (4) the total amount of funds, by appropria- may specify certain circumstances in which— PROGRAM INITIATIVE. tion account, appropriated and obligated for (A) the requirements for testing, validation, (a) EXTENSION THROUGH FISCAL YEAR 2004.— prior fiscal years, with a specific breakout of and certification of telecom switches may be Subsection (a) of section 343 of the Floyd D. such information for the two preceding fiscal waived; or Spence National Defense Authorization Act for years; (B) interim authority for the installation and Fiscal Year 2001 (as enacted into law by Public (5) the funds, by appropriation account, re- connection of telecom switches to the Defense Law 106–398; 114 Stat. 1654A–65) is amended by quested for that fiscal year; Switch Network may be granted. striking ‘‘and 2002’’ and inserting ‘‘through (6) each prime contractor and the work to be (2) Only the Assistant Secretary of Defense for 2004’’. performed; Command, Control, Communications, and Intel- (b) REPORTING REQUIREMENTS.—Subsection (7) a description of program management and ligence, after consultation with the Chairman of (g) of such section is amended— management oversight; the Joint Chiefs of Staff, may approve a waiver (1) in paragraph (1), by striking ‘‘2002’’ and (8) the original baseline cost and most current or grant of interim authority under paragraph inserting ‘‘2004’’; and baseline information; and (1). (2) in paragraph (2), by striking the first sen- (9) a description of compliance with the provi- (d) INVENTORY OF DEFENSE SWITCH NET- tence and inserting the following new sentence: sions enacted in the Government Performance WORK.—The Secretary of Defense shall prepare ‘‘Not later than July 1, 2003, the Secretary of the Results Act of 1993 (Public Law 103–62; 107 Stat. and maintain an inventory of all telecom Army shall submit to the congressional defense 285) and the Clinger–Cohen Act of 1996 (division switches that, as of the date on which the Sec- committees a report on the results of the dem- D of Public Law 104–106; 110 Stat. 642). retary issues the policy and procedures— onstration program since its implementation, in- (c) ADDITIONAL INFORMATION TO BE IN- (1) are installed or connected to the Defense cluding the Secretary’s views regarding the ben- CLUDED FOR CERTAIN SYSTEMS.—(1) For each Switch Network; but efits of the program for Army manufacturing ar- information technology and national security (2) have not been tested, validated, and cer- senals and the Department of the Army and the system of the Department of Defense that has a tified by the Defense Information Systems Agen- success of the program in achieving the pur- cost for the fiscal year in excess of $2,000,000, cy (Joint Interoperability Test Center). poses specified in subsection (b).’’.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 H2292 CONGRESSIONAL RECORD — HOUSE May 9, 2002 SEC. 365. TRAINING RANGE SUSTAINMENT PLAN, shall be deemed to meet the eligibility require- ‘‘(2) shall be counted as part of the increase GLOBAL STATUS OF RESOURCES ments under subparagraph (B) or (C), as the for that armed force for that fiscal year author- AND TRAINING SYSTEM, AND TRAIN- case may be, for the period during which the ized under subsection (c)(1).’’. ING RANGE INVENTORY. housing units are undergoing such conversion. (b) EFFECTIVE DATE.—Subsection (f) of section (a) PLAN REQUIRED.—(1) The Secretary of De- ‘‘(ii) AMOUNT OF PAYMENT.—The amount of a 115 of title 10, United States Code, as added by fense shall develop a comprehensive plan for payment to a heavily impacted local educational subsection (a), shall take effect on October 1, using existing authorities available to the Sec- agency for a fiscal year by reason of the appli- 2002, or the date of the enactment of this Act, retary of Defense and the Secretaries of the mili- cation of clause (i), and calculated in accord- whichever is later. tary departments to address problems created by ance with subparagraph (D) or (E) (as the case SEC. 404. GENERAL AND FLAG OFFICER MANAGE- limitations on the use of military lands, marine may be), shall be based on the number of chil- MENT. areas, and airspace reserved, withdrawn, or des- dren in average daily attendance in the schools (a) EXCLUSION OF SENIOR MILITARY ASSISTANT ignated for training and testing activities by, of such agency for the fiscal year. TO THE SECRETARY OF DEFENSE FROM LIMITA- for, or on behalf of the Armed Forces. ‘‘(iii) CONVERSION OF MILITARY HOUSING UNITS TION ON ACTIVE DUTY OFFICERS IN GRADES (2) The plan shall include the following: TO PRIVATE HOUSING DESCRIBED.—For purposes ABOVE MAJOR GENERAL AND REAR ADMIRAL.— (A) Goals and milestones for tracking planned of clause (i), ‘conversion of military housing Effective on the date specified in subsection (e), actions and measuring progress. units to private housing’ means the conversion section 525(b) of title 10, United States Code, is (B) Projected funding requirements for imple- of military housing units to private housing amended by adding at the end the following menting planned actions. units pursuant to subchapter IV of chapter 169 new paragraph: (C) Designation of an office in the Office of of title 10, United States Code, or pursuant to ‘‘(8) An officer while serving in a position des- the Secretary of Defense and each of the mili- any other related provision of law.’’. ignated by the Secretary of Defense as Senior (b) EXCLUSION OF CERTAIN MILITARY BASIC tary departments that will have lead responsi- Military Assistant to the Secretary of Defense, if ALLOWANCES FOR HOUSING FOR DETERMINATION bility for overseeing implementation of the plan. serving in the grade of lieutenant general or OF ELIGIBILITY FOR FREE AND REDUCED PRICE (3) The Secretary of Defense shall submit the vice admiral, is in addition to the number that MEALS.—Section 9(b)(3) of the Richard B. Rus- plan to Congress at the same time as the Presi- otherwise would be permitted for that officer’s sell National School Lunch Act (42 U.S.C. dent submits the budget for fiscal year 2004 and armed force for that grade under paragraph (1) 1758(b)(3)) is amended by adding at the end the shall submit an annual report to Congress de- or (2). Only one officer may be designated as following: ‘‘For the one-year period beginning scribing the progress made in implementing the Senior Military Assistant to the Secretary of De- on the date of the enactment of this sentence, plan and any additional encroachment prob- fense for purposes of this paragraph.’’. the amount of a basic allowance provided under lems. (b) INCREASE IN NUMBER OF LIEUTENANT GEN- section 403 of title 37, United States Code, on be- (b) READINESS REPORTING IMPROVEMENT.—Not ERALS AUTHORIZED FOR THE MARINE CORPS.— half of an individual who is a member of the later than June 30, 2003, the Secretary of De- Effective on the date specified in subsection (e), uniformed services for housing that is acquired fense, using existing measures within the au- paragraph (2)(B) of such section is amended by or constructed under the authority of sub- thority of the Secretary, shall submit to Con- striking ‘‘16.2 percent’’ and inserting ‘‘17.5 per- chapter IV of chapter 169 of title 10, United gress a report on the plans of the Department of cent’’. States Code, or any other related provision of Defense to improve the Global Status of Re- (c) GRADE OF CHIEF OF VETERINARY CORPS OF law, shall not be considered to be income for sources and Training System— THE ARMY.—(1) Effective on the date specified purposes of determining the eligibility of a child (1) to better reflect the increasing challenges in subsection (e), chapter 307 of such title is of the individual for free or reduced price units of the Armed Forces must overcome to amended by adding at the end the following lunches under this Act.’’. achieve training requirements; and new section: (2) to quantify the extent to which encroach- TITLE IV—MILITARY PERSONNEL ment and other individual factors are making AUTHORIZATIONS ‘‘§ 3084. Chief of Veterinary Corps: grade military lands, marine areas, and airspace less Subtitle A—Active Forces ‘‘The Chief of the Veterinary Corps of the Army serves in the grade of brigadier general. available to support unit accomplishment of SEC. 401. END STRENGTHS FOR ACTIVE FORCES. An officer appointed to that position who holds training plans and readiness goals. The Armed Forces are authorized strengths a lower grade shall be appointed in the grade of (c) TRAINING RANGE INVENTORY.—The Sec- for active duty personnel as of September 30, brigadier general.’’. retary of Defense shall develop and maintain a 2003, as follows: training range data bank for each of the Armed (1) The Army, 484,800. (2) The table of sections at the beginning of Forces— (2) The Navy, 379,457. such chapter is amended by adding at the end (1) to identify all available operational train- (3) The Marine Corps, 175,000. the following new item: ing ranges; (4) The Air Force, 360,795. ‘‘3084. Chief of Veterinary Corps: grade.’’. (2) to identify all training capacities and ca- SEC. 402. REVISION IN PERMANENT END (d) REVIEW OF ACTIVE DUTY AND RESERVE pabilities available at each training range; STRENGTH MINIMUM LEVELS. GENERAL AND FLAG OFFICER AUTHORIZATIONS.— (3) to identify all current encroachment (a) REVISED END STRENGTH FLOORS.—Section (1) The Secretary of Defense shall submit to threats or other potential limitations on training 691(b) of title 10, United States Code, is amend- Congress a report containing any recommenda- that are, or are likely to, adversely affect train- ed— tions of the Secretary (together with the ration- (1) in paragraph (1), by striking ‘‘480,000’’ and ing and readiness; and ale of the Secretary for the recommendations) (4) to provide a point of contact for each inserting ‘‘484,800’’; (2) in paragraph (2), by striking ‘‘376,000’’ and concerning the following: training range. (A) Revision of the limitations on general and (d) GAO EVALUATION.—(1) With respect to inserting ‘‘379,457’; (3) in paragraph (3), by striking ‘‘172,600’’ and flag officer grade authorizations and distribu- each report submitted under this section, the inserting ‘‘175,000’’; and tion in grade prescribed by sections 525, 526, and Comptroller General shall submit to Congress, (4) in paragraph (4), by striking ‘‘358,800’’ and 12004 of title 10, United States Code. within 60 days after receiving the report, an inserting ‘‘360,795’’. (B) Statutory designation of the positions and evaluation of the report. (b) EFFECTIVE DATE.—The amendments made grades of any additional general and flag offi- (e) ARMED FORCES DEFINED.—In this section, by subsection (a) shall take effect on October 1, cers in the commands specified in chapter 1006 the term ‘‘Armed Forces’’ means the Army, 2002, or the date of the enactment of this Act, of title 10, United States Code, and the reserve Navy, Air Force, and Marine Corps. whichever is later. component offices specified in sections 3038, SEC. 366. AMENDMENTS TO CERTAIN EDUCATION SEC. 403. AUTHORITY FOR MILITARY DEPART- 5143, 5144, and 8038 of such title. AND NUTRITION LAWS RELATING TO MENT SECRETARIES TO INCREASE (2) The provisions of subsection (b) through ACQUISITION AND IMPROVEMENT ACTIVE-DUTY END STRENGTHS BY (e) of section 1213 of the National Defense Au- OF MILITARY HOUSING. UP TO 1 PERCENT. thorization Act for Fiscal Year 1997 (Public Law (a) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL (a) SERVICE SECRETARY AUTHORITY.—Section 104–201; 110 Stat. 2694) shall apply to the report EDUCATIONAL AGENCIES AFFECTED BY PRIVAT- 115 of title 10, United States Code, is amended under paragraph (1) in the same manner as they IZATION OF MILITARY HOUSING.—Section by inserting after subsection (e) the following applied to the report required by subsection (a) 8003(b)(2) of the Elementary and Secondary new subsection: of that section. Education Act of 1965 (20 U.S.C. 7703(b)(2)) is ‘‘(f) Upon determination by the Secretary of a (e) EFFECTIVE DATE.—The amendments made amended by adding at the end the following: military department that such action would en- by subsections (a), (b), and (c) shall take effect ‘‘(H) ELIGIBILITY FOR HEAVILY IMPACTED hance manning and readiness in essential units on the date of the receipt by Congress of the re- LOCAL EDUCATIONAL AGENCIES AFFECTED BY PRI- or in critical specialties or ratings, the Secretary port required by subsection (d). VATIZATION OF MILITARY HOUSING.— may increase the end strength authorized pur- SEC. 405. EXTENSION OF CERTAIN AUTHORITIES ‘‘(i) ELIGIBILITY.—For any fiscal year begin- suant to subsection (a)(1)(A) for a fiscal year for RELATING TO MANAGEMENT OF ning with fiscal year 2003, a heavily impacted the armed force under the jurisdiction of that NUMBERS OF GENERAL AND FLAG local educational agency that received a basic Secretary or, in the case of the Secretary of the OFFICERS IN CERTAIN GRADES. support payment under subparagraph (A) for Navy, for any of the armed forces under the ju- (a) SENIOR JOINT OFFICER POSITIONS.—Section the prior fiscal year, but is ineligible for such risdiction of that Secretary. Any such increase 604(c) of title 10, United States Code, is amended payment for the current fiscal year under sub- for a fiscal year— by striking ‘‘September 30, 2003’’ and inserting paragraph (B) or (C), as the case may be, by ‘‘(1) shall be by a number equal to not more ‘‘December 31, 2004’’. reason of the conversion of military housing than 1 percent of such authorized end strength; (b) DISTRIBUTION OF OFFICERS ON ACTIVE units to private housing described in clause (iii), and DUTY IN GENERAL AND FLAG OFFICER GRADES.—

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2293 Section 525(b)(5)(C) of such title is amended by (2) For the Army National Guard of the nents have for identifying and addressing in a striking ‘‘September 30, 2003’’ and inserting United States, 1,600, to be counted within the timely manner specific units in which non- ‘‘December 31, 2004’’. limitation specified in section 10217(c)(2) of title participation rates are significantly in excess of (c) AUTHORIZED STRENGTH FOR GENERAL AND 10, United States Code. the established norms. FLAG OFFICERS ON ACTIVE DUTY.—Section (b) AIR FORCE.—The number of non-dual sta- (2) The Comptroller General’s assessment of 526(b)(3) of such title is amended by striking tus technicians employed by the reserve compo- the effectiveness of the process for Federal rec- ‘‘October 1, 2002’’ and inserting ‘‘December 31, nents of the Army and the Air Force as of Sep- ognition of senior National Guard officers and 2004’’. tember 30, 2003, may not exceed the following: recommendations for improvement to that proc- Subtitle B—Reserve Forces (1) For the Air Force Reserve, 90. ess. (2) For the Air National Guard of the United (3) The Comptroller General’s assessment of SEC. 411. END STRENGTHS FOR SELECTED RE- States, 350, to be counted within the limitation the process for, and the nature and extent of, SERVE. specified in section 10217(c)(2) of title 10, United the administrative or judicial corrective action (a) IN GENERAL.—The Armed Forces are au- States Code. taken by the Secretary of Defense, the Secretary thorized strengths for Selected Reserve per- (c) NON-DUAL STATUS TECHNICIANS DE- of the Army, and the Secretary of the Air Force sonnel of the reserve components as of Sep- FINED.—In this section, the term ‘‘non-dual sta- as a result of Inspector General investigations or tember 30, 2003, as follows: tus technician’’ has the meaning given that term other investigations in which allegations (1) The Army National Guard of the United in section 10217(a) of title 10, United States against senior National Guard officers are sub- States, 350,000. Code. stantiated in whole or in part. (2) The Army Reserve, 205,000. (d) TECHNICAL AMENDMENTS.—Effective Octo- (4) The Comptroller General’s determination (3) The Naval Reserve, 87,800. ber 1, 2002, section 10217(c)(2) of title 10, United of the effectiveness of the Federal protections (4) The Marine Corps Reserve, 39,558. States Code, is amended— provided for members or employees of the Na- (5) The Air National Guard of the United (1) in the first sentence, by striking ‘‘Effective tional Guard who report allegations of waste, States, 106,600. October 1, 2002, the’’ and inserting ‘‘The’’; and fraud, abuse, or mismanagement and the nature (6) The Air Force Reserve, 75,600. (2) in the second sentence, by striking ‘‘after and extent to which corrective action is taken (7) The Coast Guard Reserve, 9,000. the preceding sentence takes effect’’. against those in the National Guard who retali- (b) ADJUSTMENTS.—The end strengths pre- ate against such members or employees. scribed by subsection (a) for the Selected Re- Subtitle C—Authorization of Appropriations (b) SECRETARY OF DEFENSE REPORT ON DIF- serve of any reserve component shall be propor- SEC. 421. AUTHORIZATION OF APPROPRIATIONS FERENT ARMY AND AIR FORCE PROCEDURES.— tionately reduced by— FOR MILITARY PERSONNEL. Not later than six months after the date of the (1) the total authorized strength of units orga- There is hereby authorized to be appropriated enactment of this Act, the Secretary of Defense nized to serve as units of the Selected Reserve of to the Department of Defense for military per- shall submit to Congress a report on the dif- such component which are on active duty (other sonnel for fiscal year 2003 a total of fering Army and Air Force policies for taking than for training) at the end of the fiscal year; $93,725,028,000. The authorization in the pre- adverse administrative actions against National and ceding sentence supersedes any other authoriza- Guard officers in a State status. The report (2) the total number of individual members not tion of appropriations (definite or indefinite) for shall include the Secretary’s determination as to in units organized to serve as units of the Se- such purpose for fiscal year 2003. whether changes should be made in those poli- lected Reserve of such component who are on TITLE V—MILITARY PERSONNEL POLICY cies, especially through requiring the Air Force active duty (other than for training or for un- SEC. 501. INCREASE IN NUMBER OF DEPUTY to adopt the same policy as the Army for such satisfactory participation in training) without COMMANDANTS OF THE MARINE administrative actions. their consent at the end of the fiscal year. CORPS. SEC. 512. COURTS-MARTIAL FOR THE NATIONAL Whenever such units or such individual mem- Section 5045 of title 10, United States Code, is GUARD WHEN NOT IN FEDERAL bers are released from active duty during any amended by striking ‘‘five’’ and inserting ‘‘six’’. SERVICE. fiscal year, the end strength prescribed for such SEC. 502. EXTENSION OF GOOD-OF-THE-SERVICE (a) MANNER OF PRESCRIBING PUNISHMENTS.— fiscal year for the Selected Reserve of such re- WAIVER AUTHORITY FOR OFFICERS Section 326 of title 32, United States Code, is serve component shall be proportionately in- APPOINTED TO A RESERVE CHIEF OR amended by adding at the end the following creased by the total authorized strengths of GUARD DIRECTOR POSITION. new sentence: ‘‘Punishments shall be as pro- such units and by the total number of such indi- (a) WAIVER OF REQUIREMENT FOR SIGNIFICANT vided by the laws of the respective States and vidual members. JOINT DUTY EXPERIENCE.—Sections 3038(b)(4), Territories, Puerto Rico, and the District of Co- 5143(b)(4), 5144(b)(4), 8038(b)(4), and SEC. 412. END STRENGTHS FOR RESERVES ON AC- lumbia.’’. TIVE DUTY IN SUPPORT OF THE RE- 10506(a)(3)(D) of title 10, United States Code, are (b) CONVENING AUTHORITY.—Section 327 of SERVES. each amended by striking ‘‘October 1, 2003’’ and such title is amended to read as follows: inserting ‘‘December 31, 2004’’. Within the end strengths prescribed in section ‘‘§ 327. Courts-martial of National Guard not (b) REPORT ON FUTURE IMPLEMENTATION OF 411(a), the reserve components of the Armed in Federal service: convening authority REQUIREMENT.—Not later than one year after Forces are authorized, as of September 30, 2003, ‘‘(a) In the National Guard not in Federal the following number of Reserves to be serving the date of the enactment of this Act, the Sec- retary of Defense shall submit to the Committee service, general, special, and summary courts- on full-time active duty or full-time duty, in the martial may be convened as provided by the case of members of the National Guard, for the on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- laws of the States and Territories, Puerto Rico, purpose of organizing, administering, recruiting, and the District of Columbia. instructing, or training the reserve components: resentatives a report setting forth the steps being taken (and proposed to be taken) by the ‘‘(b) In addition to convening authorities as (1) The Army National Guard of the United provided under subsection (a), in the National States, 24,562. Secretary, the Secretaries of the military depart- ments, and the Chairman of the Joint Chiefs of Guard not in Federal service— (2) The Army Reserve, 14,070. ‘‘(1) general courts-martial may be convened Staff to ensure that no further extension of the (3) The Naval Reserve, 14,572. by the President; (4) The Marine Corps Reserve, 2,261. waiver authority under the sections amended by ‘‘(2) special courts-martial may be convened— (5) The Air National Guard of the United subsection (a) is required and that after Decem- ‘‘(A) by the commanding officer of a garrison, States, 11,697. ber 31, 2004, appointment of officers to serve in fort, post, camp, air base, auxiliary air base, or (6) The Air Force Reserve, 1,498. the positions covered by those sections shall be other place where troops are on duty; or SEC. 413. END STRENGTHS FOR MILITARY TECH- made from officers with the requisite joint duty ‘‘(B) by the commanding officer of a division, NICIANS (DUAL STATUS). experience. brigade, regiment, wing, group, detached bat- The minimum number of military technicians Subtitle B—Reserve Component Management talion, separate squadron, or other detached (dual status) as of the last day of fiscal year SEC. 511. REVIEWS OF NATIONAL GUARD command; and 2003 for the reserve components of the Army and STRENGTH ACCOUNTING AND MAN- ‘‘(3) summary courts-martial may be con- the Air Force (notwithstanding section 129 of AGEMENT AND OTHER ISSUES. vened— title 10, United States Code) shall be the fol- (a) COMPTROLLER GENERAL ASSESSMENTS.— ‘‘(A) by the commanding officer of a garrison, lowing: Not later than one year after the date of the en- fort, post, camp, air base, auxiliary air base, or (1) For the Army National Guard of the actment of this Act, the Comptroller General other place where troops are on duty; or United States, 24,102. shall submit to Congress a report on manage- ‘‘(B) by the commanding officer of a division, (2) For the Army Reserve, 6,599. ment of the National Guard. The report shall in- brigade, regiment, wing, group, detached bat- (3) For the Air National Guard of the clude the following: talion, detached squadron, detached company, United States, 22,495. (1) The Comptroller General’s assessment of or other detachment.’’. (4) For the Air Force Reserve, 9,911. the effectiveness of the implementation of De- (2) The item relating to such section in the SEC. 414. FISCAL YEAR 2003 LIMITATION ON NON- partment of Defense plans for improving man- table of sections at the beginning of chapter 3 of DUAL STATUS TECHNICIANS. agement and accounting for personnel strengths such title is amended to read as follows: (a) ARMY.—The number of non-dual status in the National Guard, including an assessment ‘‘327. Courts-martial of National Guard not in technicians employed by the reserve components of the process that the Department of Defense, Federal service: convening au- of the Army as of September 30, 2003, may not the National Guard Bureau, the Army National thority.’’. exceed the following: Guard and State-level National Guard leader- (c) REPEAL OF SUPERSEDED AND OBSOLETE (1) For the Army Reserve, 995. ship, and leadership in the other reserve compo- PROVISIONS.—

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 H2294 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (1) Sections 328, 329, 330, 331, 332, and 333 of SEC. 522. ELIGIBILITY FOR CONSIDERATION FOR of the physical condition of a Reserve officer title 32, United States Code, are repealed. PROMOTION TO GRADE OF MAJOR and determination of the officer’s entitlement to (2) The table of sections at the beginning of GENERAL FOR CERTAIN RESERVE retirement or separation for physical disability COMPONENT BRIGADIER GENERALS require hospitalization or medical observation chapter 3 of such title is amended by striking WHO DO NOT OTHERWISE QUALIFY the items relating to sections 328, 329, 330, 331, FOR CONSIDERATION FOR PRO- and that such hospitalization or medical obser- 332, and 333. MOTION UNDER THE ONE-YEAR vation cannot be completed with confidence in a (d) PREPARATION OF MODEL STATE CODE OF RULE. manner consistent with the officer’s well-being MILITARY JUSTICE AND MODEL STATE MANUAL Section 14301(g) of title 10, United States before the date on which the officer would oth- FOR COURTS-MARTIAL.—(1) The Secretary of De- Code, is amended to read as follows: erwise be required to be separated, retired, or fense shall prepare, for consideration for enact- ‘‘(g) BRIGADIER GENERALS.—(1) An officer transferred to the Retired Reserve under this ment by the States, a model State code of mili- who is a reserve component brigadier general of title, the Secretary may defer the separation, re- tary justice and a model State manual of courts- the Army or the Air Force who is not eligible for tirement, or transfer of the officer under this martial for use with respect to the National consideration for promotion under subsection title. Guard not in Federal service. Both such models (a) because the officer is not on the reserve ac- ‘‘(b) A deferral under subsection (a) of separa- shall be consistent with the recommendations tive status list (as required by paragraph (1) of tion, retirement, or transfer to the Retired Re- contained in the report, issued in 1998, by the that subsection for such eligibility) is neverthe- serve may not extend for more than 30 days panel known as the Department of Defense less eligible for consideration for promotion to after completion of the evaluation requiring hos- Panel to Study Military Justice in the National the grade of major general by a promotion board pitalization or medical observation.’’. Guard not in Federal Service. convened under section 14101(a) of this title if— (b) CLERICAL AMENDMENT.—The table of sec- tions at the beginning of such chapter is amend- (2) The Secretary shall ensure that adequate ‘‘(A) as of the date of the convening of the promotion board, the officer has been in an in- ed by adding at the end the following new item: support for the preparation of such model State active status for less than one year; and code and model State manual (including the de- ‘‘14519. Deferment of retirement or separation ‘‘(B) immediately before the date of the offi- tailing of attorneys and other staff) is provided for medical reasons.’’. cer’s most recent transfer to an inactive status, by the General Counsel of the Department of the officer had continuously served on the re- Subtitle D—Education and Training Defense, the Secretary of the Army, the Sec- serve active status list or the active-duty list (or SEC. 531. AUTHORITY FOR PHASED INCREASE TO retary of the Air Force, and the Chief of the Na- a combination of the reserve active status list 4,400 IN AUTHORIZED STRENGTHS tional Guard Bureau. and the active-duty list) for at least one year. FOR THE SERVICE ACADEMIES. (3) If the amounts available to the Chief of the ‘‘(2) An officer who is a reserve component (a) MILITARY ACADEMY.—Section 4342 of title National Guard Bureau are not adequate for brigadier general of the Army or the Air Force 10, United States Code, is amended— the costs required to provide support under who is on the reserve active status list but who (1) in subsection (a), by inserting before the paragraph (2) (including costs for increased pay is not eligible for consideration for promotion period at the end of the first sentence the fol- when members of the National Guard are or- under subsection (a) because the officer’s service lowing: ‘‘or such higher number as may be pre- dered to active duty, cost of detailed attorneys does not meet the one-year-of-continuous-serv- scribed by the Secretary of the Army under sub- and other staff, allowances, and travel ex- ice requirement under paragraph (2) of that sub- section (j)’’; and penses), the Secretary shall, upon request of the section is nevertheless eligible for consideration (2) by adding at the end the following new Chief of the Bureau, provide such additional for promotion to the grade of major general by subsection: amounts as are necessary. a promotion board convened under section ‘‘(j)(1) Beginning with the 2003–2004 academic (4) Not later than one year after the date of 14101(a) of this title if— year, the Secretary of the Army may prescribe the enactment of this Act, the Secretary shall ‘‘(A) the officer was transferred from an inac- annual increases in the cadet strength limit in submit to the Committee on Armed Services of tive status to the reserve active status list during effect under subsection (a). For any academic the Senate and the Committee on Armed Serv- the one-year period preceding the date of the year, any such increase shall be by no more ices of the House of Representatives a report on convening of the promotion board; than 100 cadets or such lesser number as applies the implementation of this subsection. The re- ‘‘(B) immediately before the date of the offi- under paragraph (3) for that year. Such annual port shall include proposals in final form of cer’s most recent transfer to an active status, increases may be prescribed until the cadet both the model State code and the model State the officer had been in an inactive status for strength limit is 4,400. However, no increase may manual required by paragraph (1) and shall set less than one year; and be prescribed for any academic year after the forth the efforts being made to present those ‘‘(C) immediately before the date of the offi- 2007–2008 academic year. proposals to the States for their consideration cer’s most recent transfer to an inactive status, ‘‘(2) Any increase in the cadet strength limit for enactment. the officer had continuously served for at least under paragraph (1) with respect to an aca- (5) In this subsection, the term ‘‘State’’ in- one year on the reserve active status list or the demic year shall be prescribed not later than the cludes the District of Columbia, the Common- active-duty list (or a combination of the reserve date on which the budget of the President is wealth of Puerto Rico, the Virgin Islands, and active status list and the active-duty list).’’. submitted to Congress under section 1105 of title Guam. SEC. 523. RETENTION OF PROMOTION ELIGI- 31 for the fiscal year beginning in the same year BILITY FOR RESERVE COMPONENT as the year in which that academic year begins. SEC. 513. MATCHING FUNDS REQUIREMENTS GENERAL AND FLAG OFFICERS UNDER NATIONAL GUARD YOUTH Whenever the Secretary prescribes such an in- TRANSFERRED TO AN INACTIVE STA- CHALLENGE PROGRAM. crease, the Secretary shall submit to Congress a TUS. Effective October 1, 2002, subsection (d) of sec- notice in writing of the increase. The notice Section 14317 of title 10, United States Code, is shall state the amount of the increase in the tion 509 of title 32, United States Code, is amended by adding at the end the following amended to read as follows: cadet strength limit and the new cadet strength new subsection: limit, as so increased, and the amount of the in- ‘‘(d) MATCHING FUNDS REQUIRED.—The ‘‘(f) EFFECT OF TRANSFER OF OFFICERS IN PAY crease in Senior Army Reserve Officers’ Train- amount of assistance provided under this sec- GRADE O–7 TO INACTIVE STATUS.—Notwith- ing Corps enrollment under each of sections 2104 tion to a State program of the National Guard standing subsection (a), if a reserve officer on and 2107 of this title. Challenge Program for a fiscal year may not ex- the active-status list in the grade of brigadier ‘‘(3) The amount of an increase under para- ceed 75 percent of the costs of operating the general or rear admiral (lower half) is trans- graph (1) in the cadet strength limit for an aca- State program during that fiscal year.’’. ferred to an inactive status after having been demic year may not exceed the increase (if any) Subtitle C—Reserve Component Officer recommended for promotion to the grade of for the preceding academic year in the total Personnel Policy major general or rear admiral under this chap- number of cadets enrolled in the Army Senior ter, or after having been found qualified for Reserve Officers’ Training Corps program under SEC. 521. EXEMPTION FROM ACTIVE STATUS Federal recognition in the grade of major gen- STRENGTH LIMITATION FOR RE- chapter 103 of this title who have entered into SERVE COMPONENT GENERAL AND eral under title 32, but before being promoted, an agreement under section 2104 or 2107 of this FLAG OFFICERS SERVING ON ACTIVE the officer shall retain promotion eligibility and, title. DUTY IN CERTAIN JOINT DUTY AS- if otherwise qualified, may be promoted to the ‘‘(4) In this subsection, the term ‘cadet SIGNMENTS DESIGNATED BY THE higher grade after returning to an active sta- strength limit’ means the authorized maximum CHAIRMAN OF THE JOINT CHIEFS OF tus.’’. strength of the Corps of Cadets of the Acad- STAFF. SEC. 524. AUTHORITY FOR LIMITED EXTENSION emy.’’. Section 12004 of title 10, United States Code, is OF MEDICAL DEFERMENT OF MAN- (b) NAVAL ACADEMY.—Section 6954 of title 10, amended by adding at the end the following DATORY RETIREMENT OR SEPARA- United States Code, is amended— new subsection: TION FOR RESERVE OFFICERS. (1) in subsection (a), by inserting before the (a) DEFERMENT OF RETIREMENT OR SEPARA- ‘‘(f)(1) A general or flag officer who is on ac- period at the end of the first sentence the fol- TION FOR MEDICAL REASONS.—Chapter 1407 of tive duty but who is not counted under section lowing: ‘‘or such higher number as may be pre- title 10, United States Code, is amended by add- 526(a) of this title by reason of section scribed by the Secretary of the Navy under sub- ing at the end the following new section: 526(b)(2)(B) of this title shall also be excluded section (h)’’; and from being counted under subsection (a). ‘‘§ 14519. Deferment of retirement or separa- (2) by adding at the end the following new ‘‘(2) This subsection shall cease to be effective tion for medical reasons subsection: on the date specified in section 526(b)(3) of this ‘‘(a) If the Secretary of the military depart- ‘‘(h)(1) Beginning with the 2003–2004 academic title.’’. ment concerned determines that the evaluation year, the Secretary of the Navy may prescribe

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2295 annual increases in the midshipmen strength ‘‘(i) The Secretary of each military depart- vidual the Vietnam Service Medal, notwith- limit in effect under subsection (a). For any ment shall seek to achieve an increase in the standing any otherwise applicable requirements academic year, any such increase shall be by no number of agreements entered into under this for the award of that medal. Any such award more than 100 midshipmen or such lesser number section so as to achieve an increase, by the 2006– shall be made in lieu of the Armed Forces Expe- as applies under paragraph (3) for that year. 2007 academic year, of not less than 400 in the ditionary Medal awarded the individual for par- Such annual increases may be prescribed until number of cadets or midshipmen, as the case ticipation in Operation Frequent Wind. the midshipmen strength limit is 4,400. However, may be, enrolled under this section, compared to (b) ELIGIBLE VIETNAM EVACUATION VET- no increase may be prescribed for any academic such number enrolled for the 2002–2003 academic ERAN.—For purposes of this section, the term year after the 2007–2008 academic year. year. In the case of the Secretary of the Navy, ‘‘eligible Vietnam evacuation veteran’’ means a ‘‘(2) Any increase in the midshipmen strength the Secretary shall seek to ensure that not less member or former member of the Armed Forces limit under paragraph (1) with respect to an than one-third of such increase in agreements who was awarded the Armed Forces Expedi- academic year shall be prescribed not later than under this section are with students enrolled (or tionary Medal for participation in military oper- the date on which the budget of the President is seeking to enroll) in programs of study leading ations designated as Operation Frequent Wind submitted to Congress under section 1105 of title to a baccalaureate degree in nuclear engineer- arising from the evacuation of Vietnam on April 31 for the fiscal year beginning in the same year ing or another appropriate technical, scientific, 29 and 30, 1975. as the year in which that academic year begins. or engineering field of study.’’. Subtitle F—Administrative Matters Whenever the Secretary prescribes such an in- (e) REPEAL OF LIMIT ON NUMBER OF ROTC crease, the Secretary shall submit to Congress a SEC. 551. STAFFING AND FUNDING FOR DEFENSE SCHOLARSHIPS.—Section 2107 of such title is fur- PRISONER OF WAR/MISSING PER- notice in writing of the increase. The notice ther amended by striking the first sentence of SONNEL OFFICE. shall state the amount of the increase in the subsection (h)(1). (a) REQUIREMENT FOR STAFFING AND FUNDING midshipmen strength limit and the new mid- (f) REPEAL OF OBSOLETE LANGUAGE.—Section AT LEVELS REQUIRED FOR PERFORMANCE OF shipmen strength limit, as so increased, and the 4342(i) of such title is amended by striking ‘‘(be- FULL RANGE OF MISSIONS.—Subsection (a) of amount of the increase in Senior Navy Reserve ginning with the 2001–2002 academic year)’’. section 1501 of title 10, United States Code, is Officers’ Training Corps enrollment under each SEC. 532. ENHANCEMENT OF RESERVE COMPO- amended by adding at the end the following of sections 2104 and 2107 of this title. NENT DELAYED TRAINING PRO- new paragraph: ‘‘(3) The amount of an increase under para- GRAM. ‘‘(5)(A) The Secretary of Defense shall ensure graph (1) in the midshipmen strength limit for (a) INCREASE IN TIME FOLLOWING ENLISTMENT that the office is provided sufficient military an academic year may not exceed the increase FOR COMMENCEMENT OF INITIAL PERIOD OF AC- and civilian personnel levels, and sufficient (if any) for the preceding academic year in the TIVE DUTY FOR TRAINING.—Section 12103(d) of funding, to enable the office to fully perform its total number of midshipmen enrolled in the title 10, United States Code, is amended by strik- complete range of missions. The Secretary shall Navy Senior Reserve Officers’ Training Corps ing ‘‘270 days’’ in the last sentence and insert- ensure that Department of Defense program- program under chapter 103 of this title who ing ‘‘one year’’. ming, planning, and budgeting procedures are have entered into an agreement under section (b) EFFECTIVE DATE.—The amendment made 2104 or 2107 of this title. structured so as to ensure compliance with the by subsection (a) shall apply with respect to en- preceding sentence for each fiscal year. ‘‘(4) In this subsection, the term ‘midshipmen listments under section 12103(d) of title 10, strength limit’ means the authorized maximum ‘‘(B) For any fiscal year, the number of mili- United States Code, after the end of the 90–day tary and civilian personnel assigned or detailed strength of the Brigade of Midshipmen.’’. period beginning on the date of the enactment (c) AIR FORCE ACADEMY.—Section 9342 of title to the office may not be less than the number re- of this Act. quested in the President’s budget for fiscal year 10, United States Code, is amended— (c) TRANSITION.—In the case of a person who (1) in subsection (a), by inserting before the 2003, unless a level below such number is ex- enlisted under section 12103(d) of title 10, United period at the end of the first sentence the fol- pressly required by law. States Code, before the date of the enactment of lowing: ‘‘or such higher number as may be pre- ‘‘(C) For any fiscal year, the level of funding this Act and who as of such date has not com- scribed by the Secretary of the Air Force under allocated to the office within the Department of menced the required initial period of active duty subsection (j)’’; and Defense may not be below the level requested for (2) by adding at the end the following new for training under that section, the amendment such purposes in the President’s budget for fis- subsection: made by subsection (a) may be applied to that cal year 2003, unless such a level of funding is ‘‘(j)(1) Beginning with the 2003–2004 academic person, but only with the agreement of that per- expressly required by law.’’. year, the Secretary of the Air Force may pre- son and the Secretary concerned. (b) NAME OF OFFICE.—Such subsection is fur- scribe annual increases in the cadet strength Subtitle E—Decorations and Awards ther amended by inserting after the first sen- limit in effect under subsection (a). For any SEC. 541. WAIVER OF TIME LIMITATIONS FOR tence of paragraph (1) the following new sen- academic year, any such increase shall be by no AWARD OF CERTAIN DECORATIONS tence: ‘‘Such office shall be known as the De- more than 100 cadets or such lesser number as TO CERTAIN PERSONS. fense Prisoner of War/Missing Personnel Of- applies under paragraph (3) for that year. Such (a) WAIVER.—Any limitation established by fice.’’. annual increases may be prescribed until the law or policy for the time within which a rec- SEC. 552. THREE-YEAR FREEZE ON REDUCTIONS cadet strength limit is 4,400. However, no in- ommendation for the award of a military deco- OF PERSONNEL OF AGENCIES RE- crease may be prescribed for any academic year ration or award must be submitted shall not SPONSIBLE FOR REVIEW AND COR- after the 2007–2008 academic year. apply to awards of decorations described in this RECTION OF MILITARY RECORDS. ‘‘(2) Any increase in the cadet strength limit section, the award of each such decoration hav- (a) IN GENERAL.—Chapter 79 of title 10, under paragraph (1) with respect to an aca- ing been determined by the Secretary concerned United States Code, is amended by adding at the demic year shall be prescribed not later than the to be warranted in accordance with section 1130 end the following new section: date on which the budget of the President is of title 10, United States Code. ‘‘§ 1559. Personnel limitation submitted to Congress under sections 1105 of (b) DISTINGUISHED FLYING CROSS.—Subsection ‘‘(a) LIMITATION.—During fiscal years 2003, title 31 for the fiscal year beginning in the same (a) applies to the award of the Distinguished 2004, and 2005, the Secretary of a military de- year as the year in which that academic year Flying Cross (including multiple awards to the partment may not carry out any reduction in begins. Whenever the Secretary prescribes such same individual) in the case of each individual the number of military and civilian personnel an increase, the Secretary shall submit to Con- concerning whom the Secretary of the military assigned to duty with the service review agency gress a notice in writing of the increase. The no- department concerned (or a designated official for that military department below the baseline tice shall state the amount of the increase in the acting on behalf of the Secretary of the military number for that agency until— cadet strength limit and the new cadet strength department concerned) submitted to the Com- ‘‘(1) the Secretary submits to Congress a re- limit, as so increased, and the amount of the in- mittee on Armed Services of the House of Rep- port that— crease in Senior Air Force Reserve Officers’ resentatives and the Committee on Armed Serv- ‘‘(A) describes the reduction proposed to be Training Corps enrollment under each of sec- ices of the Senate, during the period beginning made; tions 2104 and 2107 of this title. on December 28, 2001, and ending on the day be- ‘‘(B) provides the Secretary’s rationale for ‘‘(3) The amount of an increase under para- fore the date of the enactment of this Act, a no- that reduction; and graph (1) in the cadet strength limit for an aca- tice as provided in section 1130(b) of title 10, ‘‘(C) specifies the number of such personnel demic year may not exceed the increase (if any) United States Code, that the award of the Dis- that would be assigned to duty with that agency for the preceding academic year in the total tinguished Flying Cross to that individual is after the reduction; and number of cadets enrolled in the Air Force Sen- warranted and that a waiver of time restrictions ‘‘(2) a period of 90 days has elapsed after the ior Reserve Officers’ Training Corps program prescribed by law for recommendation for such date on which the report is submitted. under chapter 103 of this title who have entered award is recommended. ‘‘(b) BASELINE NUMBER.—The baseline number into an agreement under section 2104 or 2107 of SEC. 542. OPTION TO CONVERT AWARD OF ARMED for a service review agency under this section this title. FORCES EXPEDITIONARY MEDAL is— ‘‘(4) In this subsection, the term ‘cadet AWARDED FOR OPERATION FRE- ‘‘(1) for purposes of the first report with re- strength limit’ means the authorized maximum QUENT WIND TO VIETNAM SERVICE spect to a service review agency under this sec- strength of Air Force Cadets of the Academy.’’. MEDAL. tion, the number of military and civilian per- (d) TARGET FOR INCREASES IN NUMBER OF (a) IN GENERAL.—The Secretary of the mili- sonnel assigned to duty with that agency as of ROTC SCHOLARSHIP PARTICIPANTS.—Section tary department concerned shall, upon the ap- January 1, 2002; and 2107 of such title is amended by adding at the plication of an individual who is an eligible ‘‘(2) for purposes of any subsequent report end the following new subsection: Vietnam evacuation veteran, award that indi- with respect to a service review agency under

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 H2296 CONGRESSIONAL RECORD — HOUSE May 9, 2002 this section, the number of such personnel speci- forces. Information in the report shall be shown (1) by striking ‘‘recuperative’’ and inserting fied in the most recent report with respect to for the Department of Defense as a whole and ‘‘recuperation’’; and that agency under this section. separately for each of the Army, Navy, Air (2) by inserting before the period at the end ‘‘(c) SERVICE REVIEW AGENCY DEFINED.—In Force, and Marine Corps. the following: ‘‘, or to an alternate location at this section, the term ‘service review agency’ ‘‘(b) MATTERS TO BE INCLUDED.—Each report a cost not to exceed the cost of transportation to means— under subsection (a) shall include, at a min- the nearest port in the 48 contiguous States, and ‘‘(1) with respect to the Department of the imum, the following information with respect to return’’. Army, the Army Review Boards Agency; female members: SEC. 564. VEHICLE STORAGE IN LIEU OF TRANS- ‘‘(2) with respect to the Department of the ‘‘(1) Access to health care. PORTATION WHEN MEMBER IS OR- Navy, the Board for Correction of Naval ‘‘(2) Positions open. DERED TO A NONFOREIGN DUTY Records; and ‘‘(3) Assignment policies. STATION OUTSIDE CONTINENTAL ‘‘(3) with respect to the Department of the Air ‘‘(4) Joint spouse assignments. UNITED STATES. Force, the Air Force Review Boards Agency.’’. ‘‘(5) Deployment availability rates. (a) STORAGE COSTS AUTHORIZED.—Subsection (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(6) Promotion and retention rates. (b) of section 2634 of title 10, United States Code, tions at the beginning of such chapter is amend- ‘‘(7) Assignments in nontraditional fields. is amended by striking paragraphs (1) and (2) ed by adding at the end the following new item: ‘‘(8) Assignments to command positions. and inserting the following: ‘‘(b)(1) When a member receives a vehicle stor- ‘‘1559. Personnel limitation.’’. ‘‘(9) Selection for service schools. ‘‘(10) Sexual harassment.’’. age qualifying order, the member may elect to SEC. 553. DEPARTMENT OF DEFENSE SUPPORT (b) CLERICAL AMENDMENT.—The table of sec- have a motor vehicle described in subsection (a) FOR PERSONS PARTICIPATING IN stored at the expense of the United States at a MILITARY FUNERAL HONORS DE- tions at the beginning of such chapter is amend- TAILS. ed by adding at the end the following new item: location approved by the Secretary concerned. Section 1491(d) of title 10, United States Code, ‘‘488. Status of female members of the armed In the case of a vehicle storage qualifying order is amended— forces: annual report.’’. that is to make a change of permanent station, such storage is in lieu of transportation author- (1) by striking ‘‘To provide a’’ after ‘‘SUP- Subtitle G—Benefits PORT.—’’ and inserting ‘‘(1) To support a’’; ized by subsection (a). SEC. 561. VOLUNTARY LEAVE SHARING PROGRAM ‘‘(2) In this subsection, the term ‘vehicle stor- (2) by redesignating paragraph (1) as sub- FOR MEMBERS OF THE ARMED paragraph (A) and amending such subpara- age qualifying order’ means any of the fol- FORCES. lowing: graph, as so redesignated, to read as follows: (a) IN GENERAL.—(1) Chapter 40 of title 10, ‘‘(A) For a person who participates in a fu- ‘‘(A) An order to make a change of permanent United States Code, is amended by adding at the station to a foreign country in a case in which neral honors detail (other than a person who is end the following new section: a member of the armed forces not in a retired the laws, regulations, or other restrictions im- ‘‘§ 709. Voluntary transfers of leave status or an employee of the United States), ei- posed by the foreign country or by the United ther transportation (or reimbursement for trans- ‘‘(a) PROGRAM.—The Secretary concerned States either— portation) and expenses or the daily stipend shall, by regulation, establish a program under ‘‘(i) preclude entry of a motor vehicle de- prescribed under paragraph (2).’’; which leave accrued by a member of an armed scribed in subsection (a) into that country; or (3) by redesignating paragraph (2) as sub- force may be transferred to another member of ‘‘(ii) would require extensive modification of paragraph (B) and in that subparagraph— the same armed force who requires additional the vehicle as a condition to entry. (A) by striking ‘‘Materiel, equipment, and leave because of a qualifying emergency. Any ‘‘(B) An order to make a change of permanent training for’’ and inserting ‘‘For’’; and such transfer of leave may be made only upon station to a nonforeign area outside the conti- (B) by inserting before the period at the end the voluntary written application of the member nental United States in a case in which the ‘‘and for members of the armed forces in a re- whose leave is to be transferred. laws, regulations, or other restrictions imposed tired status, materiel, equipment, and training’’; ‘‘(b) APPROVAL OF COMMANDING OFFICER RE- by that area or by the United States either— (4) by redesignating paragraph (3) as sub- QUIRED.—Any transfer of leave under a program ‘‘(i) preclude entry of a motor vehicle de- paragraph (C) and in that subparagraph— under this section may only be made with the scribed in subsection (a) into that area; or (A) by striking ‘‘Articles of clothing for’’ and approval of the commanding officer of the leave ‘‘(ii) would require extensive modification of inserting ‘‘For’’; and donor and the leave recipient. the vehicle as a condition to entry. (B) by inserting ‘‘, articles of clothing’’ after ‘‘(c) QUALIFYING EMERGENCY.—In this section, ‘‘(C) An order under which a member is trans- ‘‘subsection (b)(2)’’; and the term ‘qualifying emergency’, with respect to ferred or assigned in connection with a contin- (5) by adding at the end the following new a member of the armed forces, means a cir- gency operation to duty at a location other than paragraphs: cumstance that— the permanent station of the member for a pe- ‘‘(2) The Secretary of Defense shall prescribe ‘‘(1) is likely to require the prolonged absence riod of more than 30 consecutive days but which annually a flat rate daily stipend for purposes of the member from duty; and is not considered a change of permanent sta- of paragraph (1)(A). Such stipend shall be set at ‘‘(2) is due to— tion.’’. a rate so as to encompass typical costs for trans- ‘‘(A) a medical condition of a member of the (b) NONFOREIGN AREA OUTSIDE THE CONTI- portation and other miscellaneous expenses for immediate family of the member; or NENTAL UNITED STATES DEFINED.—Subsection persons participating in funeral honors details ‘‘(B) any other hardship that the Secretary (h) of such section is amended by adding at the who are members of the armed forces in a retired concerned determines appropriate for purposes end the following new paragraph: ‘‘(3) The term ‘nonforeign area outside the status and other persons are not members of the of this section. continental United States’ means any of the fol- armed forces or employees of the United States. ‘‘(d) MILITARY DEPARTMENT REGULATIONS.— ‘‘(3) A stipend paid under this subsection to a Regulations prescribed under this section by the lowing: the States of Alaska and Hawaii, the member of the armed forces in a retired status is Secretaries of the military department shall be Commonwealths of Puerto Rico and the North- in addition to any compensation to which the as uniform as practicable and shall be subject to ern Mariana Islands, and any possession of the member is entitled under section 435(a)(2) of title approval by the Secretary of Defense.’’. United States.’’. (c) EFFECTIVE DATE.—The amendments made 37 and any other compensation to which the (2) The table of sections at the beginning of by this section apply to orders to make a change member may be entitled.’’. such chapter is amended by adding at the end the following new item: of permanent station to a nonforeign area out- SEC. 554. AUTHORITY FOR USE OF VOLUNTEERS side the continental United States (as such term AS PROCTORS FOR ADMINISTRATION ‘‘709. Voluntary transfers of leave.’’. is defined in subsection (h)(3) of section 2634 of OF ARMED SERVICES VOCATIONAL (b) DEADLINE FOR IMPLEMENTING REGULA- APTITUDE BATTERY TEST. title 10, United States Code, as added by sub- TIONS.—Regulations to implement section 709 of Section 1588(a) of title 10, United States Code, section (b)) that are issued on or after the date title 10, United States Code, as added by sub- of the enactment of this Act. is amended by adding at the end the following section (a), shall be prescribed not later than six new paragraph: months after the date of the enactment of this Subtitle H—Military Justice Matters ‘‘(6) Voluntary services as a proctor for ad- Act. SEC. 571. RIGHT OF CONVICTED ACCUSED TO RE- ministration to secondary school students of the QUEST SENTENCING BY MILITARY SEC. 562. ENHANCED FLEXIBILITY IN MEDICAL JUDGE. test known as the ‘Armed Services Vocational LOAN REPAYMENT PROGRAM. Aptitude Battery’.’’. (a) SENTENCING BY JUDGE.—(1) Chapter 47 of (a) ELIGIBLE PERSONS.—Subsection (d) of sec- SEC. 555. ANNUAL REPORT ON STATUS OF FE- tion 2173 of title 10, United States Code, is title 10, United States Code (the Uniform Code MALE MEMBERS OF THE ARMED amended by striking ‘‘Participants’’ and all that of Military Justice), is amended by inserting FORCES. follows through ‘‘and students’’ and inserting after section 852 (article 52) the following new (a) IN GENERAL.—Chapter 23 of title 10, ‘‘Students’’. section: United States Code, is amended by adding at the (b) LOAN REPAYMENT AMOUNTS.—Subsection ‘‘§ 852a. Art. 52a. Right of accused to request end the following new section: (e)(2) of such section is amended by striking the sentencing by military judge rather than by ‘‘§ 488. Status of female members of the armed last sentence. members forces: annual report SEC. 563. EXPANSION OF OVERSEAS TOUR EXTEN- ‘‘(a) In the case of an accused convicted of an ‘‘(a) ANNUAL REPORT.—The Secretary of De- SION BENEFITS. offense by a court-martial composed of a mili- fense shall submit to Congress an annual report Section 705(b)(2) of title 10, United States tary judge and members, the sentence shall be on the status of female members of the armed Code, is amended— tried before and adjudged by the military judge

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.025 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2297

rather than the members if, after the findings (b) EFFECTIVE DATE.—Section 852a of title 10, (2) a recommendation as to whether such a are announced and before evidence in the sen- United States Code (article 52a of the Uniform consolidation is desirable and feasible; and tencing proceeding is introduced, the accused, Code of Military Justice), as added by sub- (3) any proposal for legislative action that the knowing the identity of the military judge and section (a), shall apply with respect to offenses Secretary considers appropriate for carrying out after consultation with defense counsel, requests committed on or after January 1, 2003. such a consolidation. orally on the record or in writing that the sen- SEC. 572. REPORT ON DESIRABILITY AND FEASI- TITLE VI—COMPENSATION AND OTHER tence be tried before and adjudged by the mili- BILITY OF CONSOLIDATING SEPA- PERSONNEL BENEFITS tary judge rather than the members. RATE COURSES OF BASIC INSTRUC- Subtitle A—Pay and Allowances TION FOR JUDGE ADVOCATES. ‘‘(b) This section shall not apply with respect SEC. 601. INCREASE IN BASIC PAY FOR FISCAL to an offense for which the death penalty may Not later than February 1, 2003, the Secretary YEAR 2003. be adjudged unless the case has been previously of Defense shall submit to the Committee on (a) WAIVER OF SECTION 1009 ADJUSTMENT.— referred to trial as a noncapital case.’’. Armed Services of the Senate and the Committee The adjustment to become effective during fiscal on Armed Services of the House of Representa- year 2003 required by section 1009 of title 37, (2) The table of sections at the beginning of tives a report on the desirability and feasibility subchapter VII of such chapter is amended by United States Code, in the rates of monthly of consolidating the separate Army, Navy, and basic pay authorized members of the uniformed inserting after the item relating to section 852 Air Force courses of basic instruction for judge (article 52) the following new item: services shall not be made. advocates into a single course to be conducted (b) INCREASE IN BASIC PAY.—Effective on Jan- ‘‘852a. 52a. Right of accused to request sen- at a single location. The report shall include— uary 1, 2003, the rates of monthly basic pay for tencing by military judge rather (1) an assessment of the advantages and dis- members of the uniformed services within each than by members.’’. advantages of such a consolidation; 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 ...... 7,474.50 7,719.30 7,881.60 7,927.20 8,129.40 O–7 ...... 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90 O–6 ...... 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60 O–5 ...... 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80 O–4 ...... 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00 O–3 3 ...... 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50 O–2 3 ...... 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20 O–1 3 ...... 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80

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 ...... 8,468.70 8,547.30 8,868.90 8,961.30 9,238.20 O–7 ...... 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70 O–6 ...... 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30 O–5 ...... 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90 O–4 ...... 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10 O–3 3 ...... 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10 O–2 3 ...... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20 O–1 3 ...... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 ...... $0.00 $12,077.70 $12,137.10 $12,389.40 $12,829.20 O–9 ...... 0.00 10,563.60 10,715.70 10,935.60 11,319.60 O–8 ...... 9,639.00 10,008.90 10,255.80 10,255.80 10,255.80 O–7 ...... 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90 O–6 ...... 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90 O–5 ...... 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60 O–4 ...... 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40 O–3 3 ...... 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10 O–2 3 ...... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20 O–1 3 ...... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned officers in pay grades 0–7 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, 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, the rate of basic pay for this grade is $14,155.50, 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 $3,883.50 $4,069.50 O–2E ...... 0.00 0.00 0.00 3,410.70 3,481.20 O–1E ...... 0.00 0.00 0.00 2,746.80 2,933.70

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E ...... $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00 O–2E ...... 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10 O–1E ...... 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70

Over 18 Over 20 Over 22 Over 24 Over 26

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 H2298 CONGRESSIONAL RECORD — HOUSE May 9, 2002 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 ...... $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40 O–2E ...... 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10 O–1E ...... 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70

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 ...... 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10 W–3 ...... 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00 W–2 ...... 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30 W–1 ...... 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 ...... $0.00 $0.00 $0.00 $0.00 $0.00 W–4 ...... 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00 W–3 ...... 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60 W–2 ...... 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90 W–1 ...... 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 ...... $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30 W–4 ...... 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50 W–3 ...... 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00 W–2 ...... 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30 W–1 ...... 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50

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 ...... 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40 E–6 ...... 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10 E–5 ...... 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00 E–4 ...... 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00 E–3 ...... 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80 E–2 ...... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 ...... 3 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 ...... $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00 E–8 ...... 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00 E–7 ...... 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30 E–6 ...... 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10 E–5 ...... 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30 E–4 ...... 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00 E–3 ...... 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80 E–2 ...... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 ...... 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 ...... $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40 E–8 ...... 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20 E–7 ...... 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40 E–6 ...... 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60 E–5 ...... 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30 E–4 ...... 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00 E–3 ...... 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80 E–2 ...... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 ...... 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

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, 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, basic pay for this grade is $5,732.70, regardless of cumulative 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 $1,064.70.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2299 SEC. 602. EXPANSION OF BASIC ALLOWANCE FOR Code, is amended by striking ‘‘December 31, (3) by adding at the end the following new HOUSING LOW-COST OR NO-COST 2002’’ and inserting ‘‘December 31, 2003’’. paragraph: MOVES AUTHORITY TO MEMBERS AS- (b) NUCLEAR CAREER ACCESSION BONUS.—Sec- ‘‘(2) The limitations in paragraph (1) do not SIGNED TO DUTY OUTSIDE UNITED tion 312b(c) of such title is amended by striking apply with respect to an officer who is assigned STATES. ‘‘December 31, 2002’’ and inserting ‘‘December duties as a health care provider during the pe- Section 403(c) of title 37, United States Code, 31, 2003’’. riod of active duty for which the bonus is being is amended by adding at the end the following (c) NUCLEAR CAREER ANNUAL INCENTIVE offered.’’. new paragraph: BONUS.—Section 312c(d) of such title is amended ‘‘(4) In the case of a member who is assigned Subtitle C—Travel and Transportation by striking ‘‘December 31, 2002’’ and inserting to duty outside of the United States, the loca- Allowances ‘‘December 31, 2003’’. tion or the circumstances of which make it nec- SEC. 631. EXTENSION OF LEAVE TRAVEL DEFER- essary that the member be reassigned under the SEC. 614. ONE-YEAR EXTENSION OF OTHER RAL PERIOD FOR MEMBERS PER- BONUS AND SPECIAL PAY AUTHORI- conditions of low-cost or no-cost permanent FORMING CONSECUTIVE OVERSEAS TIES. TOURS OF DUTY. change of station or permanent change of as- (a) AVIATION OFFICER RETENTION BONUS.— signment, the member may be treated as if the (a) AUTHORIZED DEFERRAL PERIOD.—Section Section 301b(a) of title 37, United States Code, is 411b of title 37, United States Code is amended member were not reassigned if the Secretary amended by striking ‘‘December 31, 2002’’ and concerned determines that it would be inequi- by inserting after subsection (a) the following inserting ‘‘December 31, 2003’’. new subsection: table to base the member’s entitlement to, and (b) REENLISTMENT BONUS FOR ACTIVE MEM- ‘‘(b) AUTHORITY TO DEFER TRAVEL; LIMITA- amount of, a basic allowance for housing on the BERS.—Section 308(g) of such title is amended by TIONS.—(1) Under the regulations referred to cost of housing in the area to which the member striking ‘‘December 31, 2002’’ and inserting ‘‘De- is reassigned.’’. subsection (a), a member may defer the travel cember 31, 2003’’. for which the member is paid travel and trans- (c) ENLISTMENT BONUS FOR ACTIVE MEM- Subtitle B—Bonuses and Special and portation allowances under this section until BERS.—Section 309(e) of such title is amended by Incentive Pays anytime before the completion of the consecutive striking ‘‘December 31, 2002’’ and inserting ‘‘De- SEC. 611. ONE-YEAR EXTENSION OF CERTAIN tour at the same duty station or the completion cember 31, 2003’’. BONUS AND SPECIAL PAY AUTHORI- of the tour of duty at the new duty station (d) RETENTION BONUS FOR MEMBERS WITH TIES FOR RESERVE FORCES. under the order involved, as the case may be. CRITICAL MILITARY SKILLS.—Section 323(i) of (a) SELECTED RESERVE REENLISTMENT ‘‘(2) If a member is unable to undertake the such title is amended by striking ‘‘December 31, BONUS.—Section 308b(f ) of title 37, United travel before expiration of the deferral period 2002’’ and inserting ‘‘December 31, 2003’’. States Code, is amended by striking ‘‘December under paragraph (1) because of duty in connec- (e) ACCESSION BONUS FOR NEW OFFICERS IN 31, 2002’’ and inserting ‘‘December 31, 2003’’. tion with a contingency operation, the member CRITICAL SKILLS.—Section 324(g) of such title is (b) SELECTED RESERVE ENLISTMENT BONUS.— may defer the travel until not more than one Section 308c(e) of such title is amended by strik- amended by striking ‘‘December 31, 2002’’ and inserting ‘‘December 31, 2003’’. year after the date on which the member’s duty ing ‘‘December 31, 2002’’ and inserting ‘‘Decem- in connection with the contingency operation ber 31, 2003’’. SEC. 615. MINIMUM LEVELS OF HARDSHIP DUTY ends.’’. PECIAL AY FOR NLISTED EMBERS S PAY FOR DUTY ON THE GROUND IN (c) S P E M A - (b) CONFORMING AND CLERICAL AMEND- SIGNED TO ERTAIN IGH RIORITY NITS ANTARCTICA OR ON ARCTIC ICE- C H P U .—Sec- MENTS.—Such section is further amended— tion 308d(c) of such title is amended by striking PACK. Section 305 of title 37, United States Code, is (1) in subsection (a)— ‘‘December 31, 2002’’ and inserting ‘‘December (A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a) AL- 31, 2003’’. amended— (1) by redesignating subsection (b) as sub- LOWANCES AUTHORIZED.—’’; and (d) SELECTED RESERVE AFFILIATION BONUS.— section (c); and (B) by striking paragraph (2); and Section 308e(e) of such title is amended by strik- (2) by inserting after subsection (a), the fol- (2) by striking ‘‘(b) The allowances’’ and in- ing ‘‘December 31, 2002’’ and inserting ‘‘Decem- lowing new subsection: serting ‘‘(c) LIMITATION ON ALLOWANCE RATE.— ber 31, 2003’’. ‘‘(b) DUTY IN CERTAIN LOCATIONS.—(1) In the ’’. EADY RESERVE ENLISTMENT AND REEN- (e) R case of duty at a location described in para- (c) APPLICATION OF AMENDMENT.—Subsection LISTMENT BONUS.—Section 308h(g) of such title graph (2) at any time during a month, the mem- (b) of section 411b of title 37, United States is amended by striking ‘‘December 31, 2002’’ and ber of a uniformed service performing that duty Code, as added by subsection (a), shall apply inserting ‘‘December 31, 2003’’. is entitled to special pay under this section at a with respect to members of the uniformed serv- (f) PRIOR SERVICE ENLISTMENT BONUS.—Sec- monthly rate of not less than $240, but not to ex- ices in a deferred leave travel status under such tion 308i(f ) of such title is amended by striking ceed the monthly rate specified in subsection section as of the date of the enactment of this ‘‘December 31, 2002’’ and inserting ‘‘December (a). For each day of that duty during the Act or after that date. 31, 2003’’. month, the member shall receive an amount Subtitle D—Retired Pay and Survivors SEC. 612. ONE-YEAR EXTENSION OF CERTAIN equal to 1⁄30 of the monthly rate prescribed Benefits BONUS AND SPECIAL PAY AUTHORI- under this subsection. TIES FOR CERTAIN HEALTH CARE SEC. 641. PHASE-IN OF FULL CONCURRENT RE- PROFESSIONALS. ‘‘(2) Paragraph (1) applies with respect to CEIPT OF MILITARY RETIRED PAY duty performed on the ground in Antarctica or (a) NURSE OFFICER CANDIDATE ACCESSION AND VETERANS DISABILITY COM- on the Arctic icepack.’’. PENSATION FOR MILITARY RETIR- PROGRAM.—Section 2130a(a)(1) of title 10, SEC. 616. INCREASE IN MAXIMUM RATES FOR EES WITH DISABILITIES RATED AT 60 United States Code, is amended by striking ‘‘De- PERCENT OR HIGHER. cember 31, 2002’’ and inserting ‘‘December 31, PRIOR SERVICE ENLISTMENT BONUS. (a) CONCURRENT RECEIPT.—Section 1414 of 2003’’. Section 308i(b)(1) of title 37, United States title 10, United States Code, is amended to read (b) REPAYMENT OF EDUCATION LOANS FOR Code, is amended— as follows: CERTAIN HEALTH PROFESSIONALS WHO SERVE IN (1) in subparagraph (A), by striking ‘‘$5,000’’ ‘‘§ 1414. Members eligible for retired pay who THE SELECTED RESERVE.—Section 16302(d) of and inserting ‘‘$8,000’’; such title is amended by striking ‘‘January 1, have service-connected disabilities rated at (2) in subparagraph (B), by striking ‘‘$2,500’’ 60 percent or higher: concurrent payment of 2003’’ and inserting ‘‘January 1, 2004’’. and inserting ‘‘$4,000’’; and (c) ACCESSION BONUS FOR REGISTERED retired pay and veterans’ disability com- (3) in subparagraph (C), by striking ‘‘$2,000’’ pensation NURSES.—Section 302d(a)(1) of title 37, United and inserting ‘‘$3,500’’. States Code, is amended by striking ‘‘December ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND SEC. 617. RETENTION INCENTIVES FOR HEALTH 31, 2002’’ and inserting ‘‘December 31, 2003’’. CARE PROVIDERS QUALIFIED IN A COMPENSATION.—Subject to subsection (b), a (d) INCENTIVE SPECIAL PAY FOR NURSE ANES- CRITICAL MILITARY SKILL. member or former member of the uniformed serv- THETISTS.—Section 302e(a)(1) of such title is (a) EXCEPTION TO LIMITATION ON MAXIMUM ices who is entitled for any month to retired pay amended by striking ‘‘December 31, 2002’’ and BONUS AMOUNT.—Subsection (d) of section 323 and who is also entitled for that month to vet- inserting ‘‘December 31, 2003’’. of title 37, United States Code, is amended— erans’ disability compensation for a qualifying (e) SPECIAL PAY FOR SELECTED RESERVE (1) by inserting ‘‘(1)’’ before ‘‘A member’’; and service-connected disability (hereinafter in this HEALTH PROFESSIONALS IN CRITICALLY SHORT (2) by adding at the end the following new section referred to as a ‘qualified retiree’) is en- WARTIME SPECIALTIES.—Section 302g(f ) of such paragraph: titled to be paid both for that month without re- title is amended by striking ‘‘December 31, 2002’’ ‘‘(2) The limitation in paragraph (1) on the gard to sections 5304 and 5305 of title 38. For fis- and inserting ‘‘December 31, 2003’’. total bonus payments that a member may receive cal years 2003 through 2006, payment of retired (f) ACCESSION BONUS FOR DENTAL OFFICERS.— under this section does not apply with respect to pay to such a member or former member is sub- Section 302h(a)(1) of such title is amended by an officer who is assigned duties as a health ject to subsection (c). striking ‘‘December 31, 2002’’ and inserting ‘‘De- care provider.’’. ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DIS- cember 31, 2003’’. (b) EXCEPTION TO YEARS OF SERVICE LIMITA- ABILITY RETIREES.— SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY TION.—Subsection (e) of such section is amend- ‘‘(1) CAREER RETIREES.—The retired pay of a AND BONUS AUTHORITIES FOR NU- ed— member retired under chapter 61 of this title CLEAR OFFICERS. (1) by redesignating paragraphs (1) and (2) as with 20 years or more of service otherwise cred- (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OF- subparagraphs (A) and (B), respectively; itable under section 1405 of this title at the time FICERS EXTENDING PERIOD OF ACTIVE SERV- (2) by inserting ‘‘(1)’’ before ‘‘A retention’’; of the member’s retirement is subject to reduc- ICE.—Section 312(e) of title 37, United States and tion under sections 5304 and 5305 of title 38, but

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 H2300 CONGRESSIONAL RECORD — HOUSE May 9, 2002 only to the extent that the amount of the mem- ‘‘(A) a disability, or combination of disabil- Such single level percentages shall be used for ber’s retired pay under chapter 61 of this title ities, that is rated as total under the standard the purposes of subsection (b)(3).’’. exceeds the amount of retired pay to which the schedule of rating disabilities in use by the De- (3) Section 1466(b) of such title is amended— member would have been entitled under any partment of Veterans Affairs; or (A) in paragraph (1), by striking ‘‘sections other provision of law based upon the member’s ‘‘(B) a disability, or combination of disabil- 1465(a) and 1465(c)’’ and inserting ‘‘sections service in the uniformed services if the member ities, for which the scheduled rating is less than 1465(a), 1465(b)(3), 1465(c)(2), and 1465(c)(3)’’; had not been retired under chapter 61 of this total but for which a rating of total is assigned and title. by reason of inability of the disabled person (B) by adding at the end of paragraph (2) the ‘‘(2) DISABILITY RETIREES WITH LESS THAN 20 concerned to secure or follow a substantially following new subparagraph: YEARS OF SERVICE.—Subsection (a) does not gainful occupation as a result of service-con- ‘‘(D) The amount for that year determined by apply to a member retired under chapter 61 of nected disabilities. the Secretary of Defense under section 1465(b)(3) this title with less than 20 years of service other- ‘‘(6) CURRENT BASELINE OFFSET.— of this title for the cost to the Fund arising from wise creditable under section 1405 of this title at ‘‘(A) IN GENERAL.—The term ‘current baseline increased amounts payable from the Fund by the time of the member’s retirement. offset’ for any qualified retiree means the reason of section 1414 of this title.’’. (d) CLERICAL AMENDMENTS.—The table of sec- ‘‘(c) PHASE-IN OF FULL CONCURRENT RE- amount for any month that is the lesser of— tions at the beginning of chapter 71 of such title CEIPT.—For fiscal years 2003 through 2006, re- ‘‘(i) the amount of the applicable monthly re- is amended— tired pay payable to a qualified retiree shall be tired pay of the qualified retiree for that month; and (1) by striking the item relating to section determined as follows: 1413; and ‘‘(1) FISCAL YEAR 2003.—For a month during ‘‘(ii) the amount of monthly veterans’ dis- ability compensation to which the qualified re- (2) by striking the item relating to section 1414 fiscal year 2003, the amount of retired pay pay- and inserting the following: able to a qualified retiree is the amount (if any) tiree is entitled for that month. ‘‘1414. Members eligible for retired pay who have of retired pay in excess of the current baseline ‘‘(B) APPLICABLE RETIRED PAY.—In subpara- service-connected disabilities offset plus the following: graph (A), the term ‘applicable retired pay’ for ‘‘(A) For a month for which the retiree re- a qualified retiree means the amount of monthly rated at 60 percent or higher: con- ceives veterans’ disability compensation for a retired pay to which the qualified retiree is enti- current payment of retired pay qualifying service-connected disability rated as tled, determined without regard to this section and veterans’ disability com- total, $750. or sections 5304 and 5305 of title 38), except that pensation.’’. ‘‘(B) For a month for which the retiree re- in the case of such a retiree who was retired (e) EFFECTIVE DATE.—The amendments made ceives veterans’ disability compensation for a under chapter 61 of this title, such amount is by this section shall apply with respect to re- tired pay payable for months after September qualifying service-connected disability rated as the amount of retired pay to which the member 2002. 90 percent, $500. would have been entitled under any other provi- ‘‘(C) For a month for which the retiree re- sion of law based upon the member’s service in SEC. 642. CHANGE IN SERVICE REQUIREMENTS ceives veterans’ disability compensation for a the uniformed services if the member had not FOR ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. qualifying service-connected disability rated as been retired under chapter 61 of this title.’’. (a) REDUCTION IN REQUIREMENT FOR YEARS OF 80 percent, $250. (b) REPEAL OF SPECIAL COMPENSATION AU- RESERVE COMPONENT SERVICE BEFORE RETIRED ‘‘(D) For a month for which the retiree re- THORITY.—Section 1413 of title 10, United States Code, is repealed. PAY ELIGIBILITY.—Section 12731(a)(3) of title 10, ceives veterans’ disability compensation for a United States Code, is amended by striking qualifying service-connected disability rated as (c) PAYMENT OF INCREASED RETIRED PAY COSTS DUE TO CONCURRENT RECEIPT.—(1) Sec- ‘‘eight years’’ and inserting ‘‘six years’’. 70 percent, $250. FFECTIVE DATE.—The amendment made tion 1465(b) of such title is amended by adding (b) E ‘‘(E) For a month for which the retiree re- by subsection (a) shall take effect on October 1, at the end the following new paragraph: ceives veterans’ disability compensation for a 2002. qualifying service-connected disability rated as ‘‘(3) At the same time that the Secretary of SEC. 643. ELIMINATION OF POSSIBLE INVERSION 60 percent, $125. Defense makes the determination required by paragraph (1) for any fiscal year, the Secretary IN RETIRED PAY COST-OF-LIVING AD- ‘‘(2) FISCAL YEAR 2004.—For a month during JUSTMENT FOR INITIAL COLA COM- fiscal year 2004, the amount of retired pay pay- shall determine the amount of the Treasury con- PUTATION. able to a qualified retiree is the sum of— tribution to be made to the Fund for the next (a) ELIMINATION OF POSSIBLE COLA INVER- ‘‘(A) the amount specified in paragraph (1) for fiscal year under section 1466(b)(2)(D) of this SION.—Section 1401a of title 10, United States that qualified retiree; and title. That amount shall be determined in the Code, is amended— ‘‘(B) 23 percent of the difference between (i) same manner as the determination under para- (1) in subsections (c)(1), (d), and (e), by insert- the current baseline offset, and (ii) the amount graph (1) of the total amount of Department of ing ‘‘but subject to subsection (f)(2)’’ after ‘‘Not- specified in paragraph (1) for that member’s dis- Defense contributions to be made to the Fund withstanding subsection (b)’’; ability. during that fiscal year under section 1466(a) of (2) in subsection (c)(2), by inserting ‘‘(subject ‘‘(3) FISCAL YEAR 2005.—For a month during this title, except that for purposes of this para- to subsection (f)(2) as applied to other members fiscal year 2005, the amount of retired pay pay- graph the Secretary, in making the calculations whose retired pay is computed on the current able to a qualified retiree is the sum of— required by subparagraphs (A) and (B) of that rates of basic pay in the most recent adjustment ‘‘(A) the amount determined under paragraph paragraph, shall use the single level percentages under this section)’’ after ‘‘shall be increased’’; (2) for that qualified retiree; and determined under subsection (c)(4), rather than and ‘‘(B) 30 percent of the difference between (i) those determined under subsection (c)(1).’’. (3) in subsection (f)— the current baseline offset, and (ii) the amount (2) Section 1465(c) of such title is amended— (A) by designating the text after the sub- determined under paragraph (2) for that quali- (A) in paragraph (1)— section heading as paragraph (1), indenting fied retiree. (i) in subparagraph (A), by inserting before that text two ems, and inserting ‘‘(1) PREVEN- ‘‘(4) FISCAL YEAR 2006.—For a month during the semicolon at the end the following: ‘‘, to be TION OF RETIRED PAY INVERSIONS.—’’ before fiscal year 2006, the amount of retired pay pay- determined without regard to section 1414 of this ‘‘Notwithstanding’’; and able to a qualified retiree is the sum of— title’’; (2) by adding at the end the following new ‘‘(A) the amount determined under paragraph (ii) in subparagraph (B), by inserting before paragraph: (3) for that qualified retiree; and the period at the end the following: ‘‘, to be de- ‘‘(2) PREVENTION OF COLA INVERSIONS.—The ‘‘(B) 64 percent of the difference between (i) termined without regard to section 1414 of this percentage of the first adjustment under this the current baseline offset, and (ii) the amount title’’; and section in the retired pay of any person, as de- determined under paragraph (3) for that quali- (iii) in the sentence following subparagraph termined under subsection (c)(1), (c)(2), (d), or fied retiree. (B), by striking ‘‘subsection (b)’’ and inserting (e), may not exceed the percentage increase in ‘‘(d) DEFINITIONS.—In this section: ‘‘subsection (b)(1)’’; retired pay determined under subsection (b)(2) ‘‘(1) RETIRED PAY.—The term ‘retired pay’ in- (B) by redesignating paragraph (4) as para- that is effective on the same date as the effective cludes retainer pay, emergency officers’ retire- graph (5); and date of such first adjustment.’’. ment pay, and naval pension. (C) by inserting after paragraph (3) the fol- (b) TECHNICAL AMENDMENTS.—Such section is ‘‘(2) VETERANS’ DISABILITY COMPENSATION.— lowing new paragraph (4): further amended— The term ‘veterans’ disability compensation’ has ‘‘(4) Whenever the Secretary carries out an (1) in subsection (d), by inserting ‘‘or on or the meaning given the term ‘compensation’ in actuarial valuation under paragraph (1), the after August 1, 1986, if the member or former section 101(13) of title 38. Secretary shall include as part of such valu- member did not elect to receive a bonus under ‘‘(3) SERVICE-CONNECTED.—The term ‘service- ation the following: section 322 of title 37’’ after ‘‘August 1, 1986,’’; connected’ has the meaning given that term in ‘‘(A) A determination of a single level percent- and section 101(16) of title 38. age determined in the same manner as applies (2) in subsection (e), by inserting ‘‘and elected ‘‘(4) QUALIFYING SERVICE-CONNECTED DIS- under subparagraph (A) of paragraph (1), but to receive a bonus under section 322 of title 37’’ ABILITY.—The term ‘qualifying service-con- based only upon the provisions of section 1414 of after ‘‘August 1, 1986,’’. nected disability’ means a service-connected dis- this title. SEC. 644. TECHNICAL REVISIONS TO SO-CALLED ability or combination of service-connected dis- ‘‘(B) A determination of a single level percent- ‘‘FORGOTTEN WIDOWS’’ ANNUITY abilities that is rated as not less than 60 percent age determined in the same manner as applies PROGRAM. disabling by the Secretary of Veterans Affairs. under subparagraph (B) of paragraph (1), but (a) CLARIFICATION OF ELIGIBILITY.—Sub- ‘‘(5) DISABILITY RATED AS TOTAL.—The term based only upon the provisions of section 1414 of section (a)(1) of section 644 of the National De- ‘disability rated as total’ means— this title. fense Authorization Act for Fiscal Year 1998

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2301

(Public Law 105–85; 10 U.S.C. 1448 note) is (4) Section 411b(a) is amended by striking ‘‘the (b) EFFECTIVE DATE.—The amendments made amended— 48 contiguous States and the District of Colum- by subsection (a) shall take effect October 1, (1) in subparagraph (A), by inserting after bia’’ both places it appears and inserting ‘‘the 2002. ‘‘(A)’’ the following: ‘‘became entitled to retired continental United States’’. SEC. 703. ENABLING DEPENDENTS OF CERTAIN or retainer pay before September 21, 1972,’’; and (5) Section 411d is amended by striking sub- MEMBERS WHO DIED WHILE ON AC- (2) in subparagraph (B), by striking ‘‘was a section (d). TIVE DUTY TO ENROLL IN THE member of a reserve component of the Armed (6) Section 430 is amended by striking sub- TRICARE DENTAL PROGRAM. Forces’’ and inserting ‘‘died’’. section (f) and inserting the following new sub- Section 1076a(k)(2) of title 10, United States (b) CLARIFICATION OF INTERACTION WITH section (f): Code, is amended by inserting ‘‘(or, if not en- OTHER BENEFITS.—(1) Subsection (a)(2) of such ‘‘(f) DEFINITIONS.—In this section: rolled, if the member discontinued participation section is amended by striking ‘‘and who’’ and ‘‘(1) The term ‘formal education’ means the under subsection (f))’’ after ‘‘subsection (a)’’. all that follows through ‘‘note)’’. following: SEC. 704. IMPROVEMENTS REGARDING THE DE- (2) Subsection (b)(2) of such section is amend- ‘‘(A) A secondary education. PARTMENT OF DEFENSE MEDICARE- ed to read as follows: ‘‘(B) An undergraduate college education. ELIGIBLE RETIREE HEALTH CARE ‘‘(2) The amount of an annuity to which a ‘‘(C) A graduate education pursued on a full- FUND. surviving spouse is entitled under this section time basis at an institution of higher education. (a) SOURCE OF FUNDS FOR MONTHLY ACCRUAL for any period shall be reduced (but not below ‘‘(D) Vocational education pursued on a full- PAYMENTS INTO THE FUND.—Section 1116(c) of zero) by any amount paid to that surviving time basis at a postsecondary vocational institu- title 10, United States Code, is amended to read spouse for the same period under any of the fol- tion. as follows: lowing provisions of law: ‘‘(2) The term ‘institution of higher education’ ‘‘(c) Amounts paid into the Fund under sub- ‘‘(A) Section 1311(a) of title 38, United States has the meaning given that term in section 101 section (a) shall be paid from funds available for Code (relating to dependency and indemnity of the Higher Education Act of 1965 (20 U.S.C. the pay of members of the participating uni- compensation payable by the Secretary of Vet- 1001). formed services under the jurisdiction of the re- erans Affairs). ‘‘(3) The term ‘postsecondary vocational insti- spective administering Secretaries.’’. ‘‘(B) Chapter 73 of title 10, United States tution’ has the meaning given that term in sec- (b) MANDATORY PARTICIPATION OF OTHER Code. tion 102(c) of the Higher Education Act of 1965 UNIFORMED SERVICES.—Section 1111(c) of such ‘‘(C) Section 4 of Public Law 92–425 (10 U.S.C. (20 U.S.C. 1002(c)).’’. title is amended— 1448 note).’’. TITLE VII—HEALTH CARE MATTERS (1) in the first sentence, by striking ‘‘may (c) CLARIFICATION OF DEFINITION OF SUR- enter into an agreement with any other admin- Subtitle A—Health Care Program VIVING SPOUSE.—Subsection (d)(2) of such sec- istering Secretary’’ and inserting ‘‘shall enter tion is amended by striking ‘‘the terms’’ and all Improvements into an agreement with each other admin- that follows through ‘‘and (8)’’ and inserting SEC. 701. ELIMINATION OF REQUIREMENT FOR istering Secretary’’; and ‘‘such term in paragraph (9)’’. TRICARE PREAUTHORIZATION OF IN- (2) in the second sentence, by striking ‘‘Any’’ PATIENT MENTAL HEALTH CARE FOR (d) CLARIFICATION OF EFFECTIVE DATE OF and inserting ‘‘Each’’. MEDICARE-ELIGIBLE BENE- BENEFITS.—Subsection (e) of such section is FICIARIES. SEC. 705. CERTIFICATION OF INSTITUTIONAL amended— AND NON-INSTITUTIONAL PRO- (a) ELIMINATION OF REQUIREMENT.—Section (1) in paragraph (1), by striking ‘‘the month VIDERS UNDER THE TRICARE PRO- 1079(i) of title 10, United States Code, is amend- in which this Act is enacted’’ and inserting GRAM. ed in paragraph (3) by inserting ‘‘or in the case ‘‘November 1997’’; (a) IN GENERAL.—Section 1079 of title 10, of a person eligible for health care benefits (2) in paragraph (2), by striking ‘‘the first United States Code, is amended by adding at the under section 1086(d)(2) of this title for whom month that begins after the month in which this end the following new subsection: payment for such services is made under sub- Act is enacted’’ and inserting ‘‘December 1997’’; ‘‘(q) For purposes of designating institutional section 1086(d)(3) of this title’’ after ‘‘an emer- and and non-institutional health care providers au- gency’’. (3) by adding at the end the following new thorized to provide care under this section, the (b) EFFECTIVE DATE.—The amendment made paragraph: Secretary of Defense shall prescribe regulations by subsection (a) shall take effect October 1, ‘‘(3) In the case of a person entitled to an an- (in consultation with the other administering 2004. nuity under this section who applies for the an- Secretaries) that will, to the extent practicable nuity after the date of the enactment of this SEC. 702. EXPANSION OF TRICARE PRIME RE- and subject to the limitations of subsection (a), paragraph, such annuity shall be paid only for MOTE FOR CERTAIN DEPENDENTS. so designate any provider authorized to provide months beginning after the date on which such (a) EXPANSION OF ELIGIBILITY.—Section care under title XVIII of the Social Security Act application is submitted.’’. 1079(p) of title 10, United States Code, is amend- (42 U.S.C. 1395 et seq.).’’. ed in paragraph (1)— (e) SPECIFICATION IN LAW OF CURRENT BEN- (b) EFFECTIVE DATE.—The amendment made (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; EFIT AMOUNT.—Subsection (b) of such section is by subsection (a) shall take effect October 1, amended— (2) by striking ‘‘referred to in subsection (a) of 2003. (1) in paragraph (1), by striking ‘‘$165’’ and a member of the uniformed services referred to in 1074(c)(3) of this title who are residing with SEC. 706. TECHNICAL CORRECTION REGARDING inserting ‘‘$185.58’’; and TRANSITIONAL HEALTH CARE. the member’’ and inserting ‘‘described in sub- (2) in paragraph (3)— Effective as of December 28, 2001, section paragraph (B)’’; and (A) by striking ‘‘the date of the enactment of 1145(a)(1) of title 10, United States Code, is (3) by adding at the end the following new this Act’’ and inserting ‘‘May 1, 2002,’’; and amended by inserting ‘‘(and the dependents of subparagraph: (B) by striking the last sentence. the member)’’ after ‘‘separated from active duty ‘‘(B) A dependent referred to in subparagraph as described in paragraph (2)’’. The amendment Subtitle E—Reserve Component Montgomery (A) is— made by the preceding sentence shall be deemed GI Bill ‘‘(i) a dependent referred to in subsection (a) to have been enacted as part of section 736 of SEC. 651. EXTENSION OF MONTGOMERY GI BILL- of a member of the uniformed services referred to the National Defense Authorization Act for Fis- SELECTED RESERVE ELIGIBILITY PE- in section 1074(c)(3) of this title, who is residing cal Year 2002 (Public Law 107–107). RIOD. with the member; or Section 16133(a) of title 10, United States ‘‘(ii) a dependent referred to in subsection (a) Subtitle B—Reports Code, is amended by striking ‘‘10-year’’ and in- of a member of the uniformed services with a SEC. 711. COMPTROLLER GENERAL REPORT ON serting ‘‘14-year’’. permanent duty assignment for which the de- TRICARE CLAIMS PROCESSING. Subtitle F—Other Matters pendent is not authorized to accompany the Not later than March 31, 2003, the Comptroller SEC. 661. ADDITION OF DEFINITION OF CONTI- member and one of the following circumstances General shall submit to Congress an evaluation NENTAL UNITED STATES IN TITLE exists: of the continuing impediments to a cost effective 37. ‘‘(I) The dependent continues to reside at the and provider- and beneficiary-friendly system (a) DEFINITION.—Section 101(1) of title 37, location of the former duty assignment of the for claims processing under the TRICARE pro- United States Code, is amended by adding at the member (or residence in the case of a member of gram. The evaluation shall include a discussion end the following new sentence: ‘‘The term ‘con- a reserve component ordered to active duty for of the following: tinental United States’ means the 48 contiguous a period of more than 30 days), and that loca- (1) The extent of progress implementing im- States and the District of Columbia.’’. tion is more than 50 miles, or approximately one provements in claims processing, particularly re- (b) CONFORMING AMENDMENTS.—Title 37, hour of driving time, from the nearest military garding the application of best industry prac- United States Code, is amended as follows: medical treatment facility that can adequately tices. (1) Section 314(a)(3) is amended by striking provide needed health care. (2) The extent of progress in simplifying ‘‘the 48 contiguous States and the District of Co- ‘‘(II) There is no reasonable expectation the claims processing procedures, including the lumbia’’ and inserting ‘‘the continental United member will return to the location of the former elimination of, or reduction in, the complexity of States’’. duty assignment, and the dependent moves to a the Health Care Service Record requirements. (2) Section 403b(i) is amended by striking location that is more than 50 miles, or approxi- (3) The suitability of a medicare-compatible paragraph (6). mately one hour of driving time, from the near- claims processing system with the data require- (3) Section 409 is amended by striking sub- est military medical treatment facility that can ments necessary to administer the TRICARE section (e). adequately provide needed health care.’’. program and related information systems.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 H2302 CONGRESSIONAL RECORD — HOUSE May 9, 2002

(4) The extent to which the claims processing (b) SUBMISSION TO CONGRESS.—Not later than (ii) in paragraph (2), by striking ‘‘under this system for the TRICARE program impedes pro- February 1, 2003, the Secretary shall submit to section’’. vider participation and beneficiary access. the Committees on Armed Services of the Senate SEC. 804. ONE-YEAR EXTENSION OF PROGRAM AP- (5) Recommendations for improving the claims and the House of Representatives the plan re- PLYING SIMPLIFIED PROCEDURES processing system that will reduce processing quired under subsection (a). TO CERTAIN COMMERCIAL ITEMS; REPORT. and administration costs, create greater com- SEC. 802. EVALUATION OF TRAINING, KNOWL- petition, and improve fraud-prevention activi- EDGE, AND RESOURCES REGARDING (a) EXTENSION OF PILOT PROGRAM.—Section ties. NEGOTIATION OF INTELLECTUAL 4202 of the Clinger-Cohen Act of 1996 (divisions SEC. 712. COMPTROLLER GENERAL REPORT ON PROPERTY ARRANGEMENTS. D and E of Public Law 104–106; 110 Stat. 652; 10 PROVISION OF CARE UNDER THE (a) AVAILABILITY OF TRAINING, KNOWLEDGE, U.S.C. 2304 note) is amended in subsection (e) by TRICARE PROGRAM. AND RESOURCES.—The Secretary of Defense striking ‘‘January 1, 2003’’ and inserting ‘‘Janu- Not later than March 31, 2003, the Comptroller shall evaluate the training, knowledge, and re- ary 1, 2004’’. General shall submit to Congress an evaluation sources needed by the Department of Defense in (b) REPORT REQUIRED.—Not later than Janu- of the nature of, reasons for, extent of, and order to effectively negotiate intellectual prop- ary 15, 2003, the Secretary of Defense shall sub- trends regarding network provider instability erty rights using the principles of the Defense mit to Congress a report on whether the author- under the TRICARE program, and the effective- Federal Acquisition Regulation Supplement and ity to issue solicitations for purchases of com- ness of efforts by the Department of Defense determine whether the Department of Defense mercial items in excess of the simplified acquisi- and managed care support contractors to meas- currently has in place the training, knowledge, tion threshold pursuant to the special simplified ure and mitigate such instability. The evalua- and resources available to meet those Depart- procedures authorized by section 2304(g)(1) of tion shall include a discussion of the following: mental needs. title 10, United States Code, section 303(g)(1) of (1) The adequacy of measurement tools of (b) REPORT.—Not later than February 1, 2003, the Federal Property and Administrative Serv- TRICARE network instability and their use by the Secretary of Defense shall submit to Con- ices Act of 1949, and section 31(a) of the Office the Department of Defense and managed care gress a report describing— of Federal Procurement Policy Act, should be support contractors to assess network adequacy (1) the results of the evaluation performed made permanent. and stability. under subsection (a); SEC. 805. AUTHORITY TO MAKE INFLATION AD- (2) Recommendations for improvements needed (2) to the extent the Department does not have JUSTMENTS TO SIMPLIFIED ACQUI- in measurement tools or their application. adequate training, knowledge, and resources SITION THRESHOLD. (3) The relationship of reimbursement rates available, actions to be taken to improve train- Section 4(11) of the Office of Federal Procure- and administration requirements (including ing and knowledge and to make resources avail- ment Policy Act (41 U.S.C. 403(11)) is amended preauthorization requirements) to TRICARE able to meet the Department’s needs; and by inserting ‘‘, except that such amount may be network instability. (3) the number of Department of Defense legal adjusted by the Administrator every five years (4) The extent of problems under the personnel trained in negotiating intellectual to the amount equal to $100,000 in constant fis- TRICARE program and likely future trends property arrangements. cal year 2002 dollars (rounded to the nearest with and without intervention using existing SEC. 803. LIMITATION PERIOD FOR TASK AND DE- $10,000)’’ before the period at the end. authority. LIVERY ORDER CONTRACTS. SEC. 806. IMPROVEMENT OF PERSONNEL MAN- (5) Use of existing authority by the Depart- Chapter 137 of title 10, United States Code, is AGEMENT POLICIES AND PROCE- ment of Defense and TRICARE managed care amended— DURES APPLICABLE TO THE CIVIL- IAN ACQUISITION WORKFORCE. support contractors to apply higher reimburse- (1) in section 2304a— (a) PLAN REQUIRED.—The Secretary of De- ment rates in specific geographic areas. (A) in subsection (e)— fense shall develop a plan for improving the per- (6) Recommendations for specific fiscally pru- (i) by inserting ‘‘(1)’’ before ‘‘A task’’; and sonnel management policies and procedures ap- dent measures that could mitigate negative (ii) by adding at the end the following new plicable to the Department of Defense civilian trends or improve provider and network sta- paragraphs: acquisition workforce based on the results of the bility. ‘‘(2) Unless use of procedures other than com- petitive procedures is authorized by an excep- demonstration project described in section 4308 SEC. 713. REPEAL OF REPORT REQUIREMENT. tion in subsection (c) of section 2304 of this title of the Clinger–Cohen Act of 1996 (division D of Notwithstanding subsection (f)(2) of section and approved in accordance with subsection (f) Public Law 104–106; 10 U.S.C. 1701 note). 712 of the Floyd D. Spence National Defense of such section, competitive procedures shall be (b) SUBMISSION TO CONGRESS.—Not later than Authorization Act for Fiscal Year 2001 (as en- used for making such a modification. February 15, 2003, the Secretary shall submit to acted into law by Public Law 106-398; 114 Stat. ‘‘(3) Notice regarding the modification shall be Congress the plan required under subsection (a) 1654A–179), the amendment made by subsection provided in accordance with section 18 of the and a report including any recommendations for (e) of such section shall not take effect and the Office of Federal Procurement Policy Act (41 legislative action necessary to implement the paragraph amended by such subsection is re- U.S.C. 416) and section 8(e) of the Small Busi- plan. pealed. ness Act (15 U.S.C. 637(e)).’’; and SEC. 807. MODIFICATION OF SCOPE OF BALL AND TITLE VIII—ACQUISITION POLICY, ACQUI- (B) by striking subsection (f) and inserting the ROLLER BEARINGS COVERED FOR SITION MANAGEMENT, AND RELATED following: PURPOSES OF PROCUREMENT LIMI- TATION. MATTERS ‘‘(f) LIMITATION ON CONTRACT PERIOD.—The Section 2534(a)(5) of title 10, United States SEC. 801. PLAN FOR ACQUISITION MANAGEMENT base period of a task order contract or delivery PROFESSIONAL EXCHANGE PILOT order contract entered into under this section Code is amended— PROGRAM. may not exceed five years unless a longer period (1) by striking ‘‘225.71’’ and inserting (a) PLAN REQUIRED.—(1) The Secretary of De- is specifically authorized in a law that is appli- ‘‘225.70’’; (2) by striking ‘‘October 23, 1992’’ and insert- fense shall develop a plan for a pilot program cable to such contract. The contract may be ex- ing ‘‘April 27, 2002’’; and under which— tended for an additional 5 years (for a total con- (3) by adding at the end the following: ‘‘In (A) an individual in the field of acquisition tract period of not more than 10 years) through this section the term ‘ball bearings and roller management employed by the Department of De- modifications, options, or otherwise.’’; and bearings’ includes unconventional or hybrid ball fense may be temporarily assigned to work in a (2) in section 2304b— and roller bearings and cam follower bearings, private sector organization; and (A) by striking subsection (a) and inserting ball screws, and other derivatives of ball and (B) an individual in such field employed by a the following: roller bearings.’’. private sector organization may be temporarily ‘‘(a) IN GENERAL.—A task order contract (as assigned to work in the Department of Defense. defined in section 2304d of this title) for procure- SEC. 808. RAPID ACQUISITION AND DEPLOYMENT (2) In developing the plan under paragraph ment of advisory and assistance services shall be PROCEDURES. (1), the Secretary shall address the following: subject to the requirements of this section, sec- (a) REQUIREMENT TO ESTABLISH PROCE- (A) The benefits of undertaking such a pro- tions 2304a and 2304c of this title, and other ap- DURES.—Chapter 141 of title 10, United States gram. plicable provisions of law.’’; Code, is amended by inserting after section 2396 (B) The appropriate length of assignments (B) by striking subsections (b), (f), and (g) the following new section: under the program. and redesignating subsections (c), (d), (e), (h), ‘‘§ 2397. Rapid acquisition and deployment (C) Whether an individual assigned under the and (i) as subsections (b) through (f); procedures program should be compensated by the organi- (C) by amending subsection (c) (as redesig- ‘‘(a) ESTABLISHMENT.—The Secretary of De- zation to which the individual is assigned, or nated by subparagraph (B)) to read as follows: fense shall establish tailored rapid acquisition the organization from which the individual is ‘‘(c) REQUIRED CONTENT OF CONTRACT.—A and deployment procedures for items urgently assigned. task order contract described in subsection (a) needed to react to an enemy threat or to respond (D) The ethics guidelines that should be ap- shall contain the same information that is re- to significant and urgent safety situations. plied to the program and, if necessary, waivers quired by section 2304a(b) to be included in the ‘‘(b) PROCEDURES.—The procedures estab- of ethics laws that would be needed in order to solicitation of offers for that contract.’’; and lished under subsection (a) shall include the fol- make the program effective and attractive to (D) in subsection (d) (as redesignated by sub- lowing: both Government and private sector employees. paragraph (B))— ‘‘(1) A process for streamlined communications (E) An assessment of how compensation of in- (i) in paragraph (1), by striking ‘‘under this between the Chairman of the Joint Chiefs of dividuals suffering employment-related injuries section’’ and inserting ‘‘described in subsection Staff, the acquisition community, and the test- under the program should be addressed. (a)’’; and ing community.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2303 ‘‘(2) A process for expedited technical, pro- ‘‘2403. Quick-reaction special projects acquisi- (1) data that is classified or will become classi- grammatic, and financial decisions. tion team.’’. fied after being merged with other data; ‘‘(3) An expedited procurement and con- SEC. 810. REPORT ON DEVELOPMENT OF ANTI- (2) geographic data regarding the location of tracting process. CYBERTERRORISM TECHNOLOGY. surface and subsurface infrastructure providing ‘‘(c) SPECIFIC STEPS TO BE INCLUDED.—The Not later than February 1, 2003, the Secretary communications, water and electrical power dis- procedures established under subsection (a) of Defense shall submit to Congress a report tribution, pipelines for the distribution of nat- shall provide for the following: on— ural gas, bulk petroleum products and other ‘‘(1) The commander of a unified combatant (1) efforts by the Department of Defense to commodities, and other utilities; or command may notify the Chairman of the Joint enter into contracts with private entities to de- (3) personal or financial information about in- Chiefs of Staff of the need for an item described velop anticyberterrorism technology; and dividual private citizens, including information in subsection (a) that is currently under devel- (2) whether such efforts should be increased. relating to such person’s real property, however opment. SEC. 811. CONTRACTING WITH FEDERAL PRISON described, without giving prior notice to such ‘‘(2) The Chairman may request the Secretary INDUSTRIES. persons or class of persons to the greatest extent of Defense to use rapid acquisition and deploy- (a) ASSURING BEST VALUE FOR NATIONAL DE- practicable. ment procedures with respect to the item. FENSE AND HOMELAND SECURITY.—(1) The De- (d) REGULATORY IMPLEMENTATION.— ‘‘(3) The Secretary of Defense shall decide partment of Defense or one of the military de- (1) PROPOSED REGULATIONS.—Proposed revi- whether to use such procedures with respect to partments may acquire a product or service from sions to the Department of Defense Supplement the item and shall notify the Secretary of the Federal Prison Industries, Inc. only if such ac- to the Federal Acquisition Regulation to imple- appropriate military department of the decision. quisition is made through a procurement con- ment this section shall be published not later ‘‘(4) If the Secretary of Defense decides to use tract awarded and administered in accordance than 90 days after the date of enactment of this such procedures with respect to the item, the with chapter 137 of title 10, United States Code, Act and provide not less than 60 days for public Secretary of the military department shall pre- the Federal Acquisition Regulation, and the De- comment. pare a funding strategy for the rapid acquisition partment of Defense supplements to such regu- (2) FINAL REGULATIONS.—Final regulations of the item and shall conduct a demonstration lation. If a contract is to be awarded to Federal shall be published not later than 180 days after of the performance of the item. Prison Industries, Inc. by the Department of De- the date of the enactment of this Act and shall ‘‘(5) The Director of Operational Test and fense through other than competitive proce- be effective on the date that is 30 days after the Evaluation shall immediately evaluate the exist- dures, authority for such award shall be based date of publication. ing capability of the item (but under such eval- upon statutory authority other than chapter 307 TITLE IX—DEPARTMENT OF uation shall not assess the capability of the item of title 18, United States Code. DEFENSE ORGANIZATION AND MANAGE- as regards to the function the item was origi- (2) The Secretary of Defense shall assure MENT nally intended to perform). that— ‘‘(6) The Chairman of the Joint Chiefs of Staff (A) no purchase of a product or a service is SEC. 901. CHANGE IN TITLE OF SECRETARY OF shall review the evaluation of the Director of made by the Department of Defense from Fed- THE NAVY TO SECRETARY OF THE NAVY AND MARINE CORPS. Operational Test and Evaluation and report to eral Prison Industries, Inc. unless the con- (a) CHANGE IN TITLE.—The position of the the Secretary of Defense regarding whether the tracting officer determines that— Secretary of the Navy is hereby redesignated as capabilities of the tested item are able to meet (i) the product or service can be timely fur- the Secretary of the Navy and Marine Corps. the urgent need for the item. nished and will meet the performance needs of (b) REFERENCES.—Any reference to the Sec- ‘‘(7) The Secretary of Defense shall evaluate the activity that requires the product or service; retary of the Navy in any law, regulation, docu- the information regarding funding and rapid and ment, record, or other paper of the United States acquisition prepared pursuant to paragraph (4) (ii) the price to be paid does not exceed a fair shall be considered to be a reference to the Sec- and approve or disapprove of the acquisition of market price determined by competition or a fair retary of the Navy and Marine Corps. the item using the procedures established pursu- and reasonable price determined by price anal- ant to subsection (a). ysis or cost analysis; and SEC. 902. REPORT ON IMPLEMENTATION OF UNITED STATES NORTHERN COM- ‘‘(d) LIMITATION.—The quantity of items of a (B) Federal Prison Industries, Inc. performs MAND. system procured using the procedures estab- its contractual obligations to the same extent as lished under this section may not exceed the any other contractor for the Department of De- Not later than September 1, 2002, the Sec- number established for low-rate initial produc- fense. retary of Defense shall submit to the Committees on Armed Services of the Senate and the House tion for the system, and any such items shall be (b) PERFORMANCE AS A SUBCONTRACTOR.—(1) counted for purposes of the number of items of The use of Federal Prison Industries, Inc. as a of Representatives a report providing an imple- the system that may be procured through low- subcontractor or supplier shall be a wholly vol- mentation plan for the United States Northern rate initial production.’’. untary business decision by a Department of Command. The report shall address the fol- lowing: (b) CLERICAL AMENDMENT.—The table of sec- Defense prime contractor or subcontractor, sub- tions at the beginning of such chapter is amend- ject to any prior approval of subcontractors or (1) The required budget for standing-up and ed by inserting after the item relating to section suppliers by the contracting officer which may maintaining that command. 2396 the following new item: be imposed by regulation or by the contract. (2) The location of the headquarters of that (2) A defense contractor (or subcontractor at command and alternatives considered for that ‘‘2397. Rapid acquisition and deployment proce- location, together with the criteria used in selec- dures.’’. any tier) using Federal Prison Industries, Inc. as a subcontractor or supplier in furnishing a tion of that location. SEC. 809. QUICK-REACTION SPECIAL PROJECTS (3) The required manning levels for the com- ACQUISITION TEAM. commercial product pursuant to a contract shall implement appropriate management procedures mand, the effect that command will have on (a) ESTABLISHMENT.—Chapter 141 of title 10, to prevent introducing an inmate-produced current Department of Defense personnel re- United States Code, is amended by inserting sources, and the other commands from which after section 2402 the following new section: product or inmate-furnished services into the commercial market. personnel will be transferred to provide per- ‘‘§ 2403. Quick-reaction special projects acqui- (3) Except as authorized under the Federal sonnel for that command. sition team Acquisition Regulation, the use of Federal Pris- (4) The chain of command within that com- ‘‘The Secretary of Defense shall establish a on Industries, Inc. as a subcontractor or sup- mand to the component command level and a re- quick-reaction special projects acquisition team, plier of products or provider of services shall not view of permanently assigned or tasked organi- the purpose of which shall be to advise the Sec- be imposed upon prospective or actual defense zations and units. retary on actions that can be taken to expedite prime contractors or subcontractors at any tier (5) The relationship of that command to the the procurement of urgently needed systems. by means of— Office of Homeland Security and the Homeland The team shall address problems with the inten- (A) a contract solicitation provision requiring Security Council, to other Federal departments tion of creating expeditious solutions relating a contractor to offer to make use of Federal and agencies, and to State and local law en- to— Prison Industries, Inc. its products or services; forcement agencies. ‘‘(1) industrial-base issues such as the limited (B) specifications requiring the contractor to (6) The relationship of that command with the availability of suppliers; use specific products or services (or classes of National Guard Bureau, individual State Na- ‘‘(2) compliance with acquisition regulations products or services) offered by Federal Prison tional Guard Headquarters, and civil first re- and lengthy procedures; Industries, Inc. in the performance of the con- sponders to ensure continuity of operational ‘‘(3) compliance with environmental require- tract; plans. ments; (C) any contract modification directing the (7) The legal implications of military forces in ‘‘(4) compliance with requirements regarding use of Federal Prison Industries, Inc. its prod- their Federal capacity operating on United small-business concerns; and ucts or services; or States territory. ‘‘(5) compliance with requirements regarding (D) any other means. (8) The status of Department of Defense con- the purchase of products made in the United (c) PROTECTION OF CLASSIFIED AND SENSITIVE sultations— States.’’. INFORMATION.—The Secretary of Defense shall (A) with Canada regarding Canada’s role in, (b) CLERICAL AMENDMENT.—The table of sec- assure that Federal Prison Industries, Inc. is and any expansion of mission for, the North tions at the beginning of such chapter is amend- not permitted to provide services as a contractor American Air Defense Command; and ed by inserting after the item relating to section or subcontractor at any tier, if an inmate work- (B) with Mexico regarding Mexico’s role in the 2402 the following new item: er has access to— United States Northern Command.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.026 pfrm15 PsN: H09PT1 H2304 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (9) The status of Department of Defense con- SEC. 906. CONFORMING AMENDMENT TO RE- ing the Defense Emergency Response Fund or sultations with NATO member nations on efforts FLECT DISESTABLISHMENT OF DE- any other similar account, may be transferred to to transfer the Supreme Allied Command for the PARTMENT OF DEFENSE CON- another account for obligation only after the Atlantic from dual assignment with the position SEQUENCE MANAGEMENT PROGRAM Secretary of Defense submits to the congres- INTEGRATION OFFICE. of commander of the United States Joint Forces sional defense committees a report stating, for Section 12310(c)(3) of title 10, United States Command. each such transfer, the amount of the transfer, Code, is amended by striking ‘‘only—’’ and all the appropriation account to which the transfer (10) The revised mission, budget, and per- that follows through ‘‘(B) while assigned’’ and is to be made, and the specific purpose for which sonnel resources required for the United States inserting ‘‘only while assigned’’. Joint Forces Command. the transferred funds will be used. TITLE X—GENERAL PROVISIONS SEC. 903. NATIONAL DEFENSE MISSION OF COAST (d) EMERGENCY DESIGNATION REQUIREMENT.— GUARD TO BE INCLUDED IN FUTURE Subtitle A—Financial Matters (1) In the case of a pending contingent emer- QUADRENNIAL DEFENSE REVIEWS. SEC. 1001. TRANSFER AUTHORITY. gency supplemental appropriation for the mili- tary functions of the Department of Defense or Section 118(d) of title 10, United States Code, (a) AUTHORITY TO TRANSFER AUTHORIZA- the atomic energy defense activities of the De- is amended— TIONS.—(1) Upon determination by the Secretary (1) by redesignating paragraph (14) as para- of Defense that such action is necessary in the partment of Energy, an adjustment may be graph (15); and national interest, the Secretary may transfer made under subsection (a) or (b) in the amount (2) by inserting after paragraph (13) the fol- amounts of authorizations made available to the of an authorization of appropriations by reason lowing new paragraph: Department of Defense in this division for fiscal of that supplemental appropriation only if, and ‘‘(14) The national defense mission of the year 2003 between any such authorizations for to the extent that, the President transmits to Coast Guard.’’. that fiscal year (or any subdivisions thereof). Congress an official budget request for that ap- propriation that designates the entire amount SEC. 904. CHANGE IN YEAR FOR SUBMISSION OF Amounts of authorizations so transferred shall be merged with and be available for the same requested as an emergency requirement. QUADRENNIAL DEFENSE REVIEW. (2) For purposes of this subsection, the term purposes as the authorization to which trans- Section 118(a) of title 10, United States Code, ‘‘contingent emergency supplemental appropria- ferred. is amended by striking ‘‘during a year’’ and in- tion’’ means a supplemental appropriation (2) The total amount of authorizations that serting ‘‘during the second year’’. that— the Secretary may transfer under the authority SEC. 905. REPORT ON EFFECT OF OPERATIONS (A) is designated by Congress as an emergency OTHER THAN WAR ON COMBAT of this section may not exceed $2,000,000,000. requirement pursuant to section 251(b)(2)(A) of READINESS OF THE ARMED FORCES. (b) LIMITATIONS.—The authority provided by the Balanced Budget and Emergency Deficit (a) REPORT REQUIRED.—Not later than Feb- this section to transfer authorizations— Control Act of 1985; and ruary 28, 2004, the Secretary of Defense shall (1) may only be used to provide authority for (B) by law is available only to the extent that submit to the Committee on Armed Services of items that have a higher priority than the items the President transmits to the Congress an offi- the Senate and the Committee on Armed Serv- from which authority is transferred; and cial budget request for that appropriation that ices of the House of Representatives a report on (2) may not be used to provide authority for includes designation of the entire amount of the the effect on the combat readiness of the Armed an item that has been denied authorization by request as an emergency requirement. Congress. Forces of operations other than war in which SEC. 1003. UNIFORM STANDARDS THROUGHOUT the Armed Forces are participating as of the (c) EFFECT ON AUTHORIZATION AMOUNTS.—A DEPARTMENT OF DEFENSE FOR EX- date of the enactment of this Act (hereinafter in transfer made from one account to another POSURE OF PERSONNEL TO PECU- this section referred to as ‘‘current operations under the authority of this section shall be NIARY LIABILITY FOR LOSS OF GOV- other than war’’). Such report shall address any deemed to increase the amount authorized for ERNMENT PROPERTY. (a) EXTENSION OF ARMY AND AIR FORCE RE- such effect on combat readiness for the Armed the account to which the amount is transferred PORT-OF-SURVEY PROCEDURES TO NAVY AND MA- Forces as a whole and separately for the active by an amount equal to the amount transferred. RINE CORPS AND ALL DOD CIVILIAN EMPLOY- components and the reserve components. (d) NOTICE TO CONGRESS.—The Secretary shall promptly notify Congress of each transfer made EES.—(1) Chapter 165 of title 10, United States (b) OPERATIONS OTHER THAN WAR.—For pur- Code, is amended by adding at the end the fol- poses of this section, the term ‘‘operations other under subsection (a). lowing new section: than war’’ includes the followng: SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL (1) Humanitarian operations. APPROPRIATIONS FOR FISCAL YEAR ‘‘§ 2787. Reports of survey 2002. (2) Counter-drug operations. ‘‘(a) REGULATIONS.—Under such regulations (a) DOD AUTHORIZATIONS.—Amounts author- (3) Peace operations. as the Secretary of Defense may prescribe, any ized to be appropriated to the Department of De- (4) Nation assistance. officer of the Army, Navy, Air Force, or Marine fense for fiscal year 2002 in the National De- Corps or any civilian employee of the Depart- (c) MATTERS TO BE ADDRESSED.—The report fense Authorization Act for Fiscal Year 2002 ment of Defense designated by the Secretary shall, at a minimum, address the following (Public Law 107–107) are hereby adjusted, with (shown both for the Armed Forces as a whole may act upon reports of surveys and vouchers respect to any such authorized amount, by the pertaining to the loss, spoilage, unserviceability, and separately for the active components and amount by which appropriations pursuant to the reserve components): unsuitability, or destruction of, or damage to, such authorization are increased (by a supple- property of the United States under the control (1) With respect to each current operation mental appropriation) or decreased (by a rescis- other than war, the number of members of the of the Department of Defense. sion), or both, or are increased by a transfer of ‘‘(b) FINALITY OF ACTION.—Action taken Armed Forces who are— funds, pursuant to the following: under subsection (a) is final, except that action (A) directly participating in the operation; (1) Chapter 3 of the Emergency Supplemental holding a person pecuniarily liable for loss, (B) supporting the operation; Act, 2002 (division B of Public Law 107–117; 115 spoilage, destruction, or damage is not final (C) preparing to participate or support an up- Stat. 2299). until approved by the Secretary.’’. coming rotation to the operation; or (2) Any Act enacted after May 1, 2002, making (2) The table of sections at the beginning of (D) recovering and retraining following par- supplemental appropriations for fiscal year 2002 such chapter is amended by adding at the end ticipation in the operation. for the military functions of the Department of the following new item: (2) The cost to the Department of Defense in Defense. ‘‘2787. Reports of survey.’’. time, funds, resources, personnel, and equip- (b) NNSA AUTHORIZATIONS.—Amounts au- (b) EXTENSION TO MEMBERS OF THE NAVY AND ment to prepare for, conduct, and recover and thorized to be appropriated to the Department of MARINE CORPS OF PAY DEDUCTION AUTHORITY retrain from each such operation. Energy for fiscal year 2002 in the National De- PERTAINING TO DAMAGE OR REPAIR OF ARMS (3) The effect of participating in such oper- fense Authorization Act for Fiscal Year 2002 AND EQUIPMENT .—Section 1007(e) of title 37, ations on performance, retention, and readiness (Public Law 107–107) are hereby adjusted, with United States Code, is amended by striking of individual members of the Armed Forces. respect to any such authorized amount, by the ‘‘Army or the Air Force’’ and inserting ‘‘Army, (4) The effect of such operations on the readi- amount by which appropriations pursuant to Navy, Air Force, or Marine Corps’’. ness of forces and units participating, preparing such authorization are increased (by a supple- (c) REPEAL OF SUPERCEDED PROVISIONS.—(1) to participate, and returning from participation mental appropriation) or decreased (by a rescis- Sections 4835 and 9835 of title 10, United States in such operations. sion), or both, or are increased by a transfer of Code, are repealed. (5) The effect that such operations have on funds, pursuant to the following: (2)(A) The table of sections at the beginning of forces and units that do not, have not, and will (1) Chapter 5 of the Emergency Supplemental chapter 453 of such title is amended by striking not participate in them. Act, 2002 (division B of Public Law 107–117; 115 the item relating to section 4835. (6) The contribution to United States national Stat. 2307). (B) The table of sections at the beginning of security and to regional stability of participa- (2) Any Act enacted after May 1, 2002, making chapter 953 of such title is amended by striking tion by the United States in such operations, to supplemental appropriations for fiscal year 2002 the item relating to section 9835. be assessed after receiving the views of the com- for the atomic energy defense activities of the SEC. 1004. ACCOUNTABLE OFFICIALS IN THE DE- manders of the regional unified combatant com- Department of Energy. PARTMENT OF DEFENSE. mands. (c) LIMITATION ON TRANSFERS PENDING SUB- (a) ACCOUNTABLE OFFICIALS WITHIN THE DE- (d) CLASSIFICATION OF REPORT.—The report MISSION OF REPORT.—Any amount provided for PARTMENT OF DEFENSE.—Chapter 165 of title 10, may be provided in classified or unclassified the Department of Defense for fiscal year 2002 United States Code, is amended by inserting form as necessary. through a so-called ‘transfer account’’, includ- after section 2773 the following new section:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2305 ‘‘§ 2773a. Departmental accountable officials ‘‘(4) That payments on purchase card ac- ‘‘(A) a major defense acquisition program for ‘‘(a) DESIGNATION.—(1) The Secretary of De- counts are made promptly within prescribed purposes of chapter 144 of this title; or fense may designate as a ‘departmental ac- deadlines to avoid interest penalties. ‘‘(B) any other acquisition program of the De- countable official’ any civilian employee of the ‘‘(5) That rebates and refunds based on partment of Defense— Department of Defense or member of the armed prompt payment on purchase card accounts are ‘‘(i) that is designated by the Secretary of De- forces under the Secretary’s jurisdiction who is properly recorded. fense as a covered acquisition program for pur- described in paragraph (2). Any such designa- ‘‘(6) That records of each purchase card poses of this section; or tion shall be in writing. transaction (including records on associated ‘‘(ii) that is estimated by the Secretary of De- ‘‘(2) An employee or member of the armed contracts, reports, accounts, and invoices) are fense to require an eventual total expenditure forces described in this paragraph is an em- retained in accordance with standard Govern- for research, development, test, and evaluation ployee or member who is responsible in the per- ment policies on the disposition of records. of more than $140,000,000 (based on fiscal year formance of the employee’s or member’s duties ‘‘(7) That an annual review is performed of 2000 constant dollars) or an eventual total ex- for providing to a certifying official of the De- the use of purchase cards issued by the Depart- penditure for procurement of more than partment of Defense information, data, or serv- ment of Defense to determine whether each pur- $660,000,000 (based on fiscal year 2000 constant ices that are directly relied upon by the certi- chase card holder has a need for the purchase dollars.) fying official in the certification of vouchers for card. ‘‘(e) TRANSFER BACK OF UNUSED TRANS- payment. ‘‘(8) That the Inspectors General of the De- FERRED FUNDS.—If funds transferred under this ‘‘(b) PECUNIARY LIABILITY.—(1) The Secretary partment of Defense and the military services section are not used for the purposes for which of Defense may impose pecuniary liability on a perform periodic audits with respect to the use transferred, such funds shall be transferred departmental accountable official to the extent of purchase cards issued by the Department of back to the account from which transferred and that an illegal, improper, or incorrect payment Defense to ensure that such use is in compliance shall be available for their original purpose. results from the information, data, or services with regulations. ‘‘(f) ADDITIONAL AUTHORITY.—The transfer that that official provides to a certifying official ‘‘(9) That appropriate annual training is pro- authority provided in this section is in addition and upon which the certifying official directly vided to each purchase card holder and each of- to any other transfer authority available to the relies in certifying the voucher supporting that ficial with responsibility for overseeing the use Secretary of Defense.’’. payment. of purchase cards issued by the Department of (2) The table of sections at the beginning of ‘‘(2) The pecuniary liability of a departmental Defense. such chapter is amended by inserting after the accountable official under this subsection for ‘‘(c) PENALTIES FOR VIOLATIONS.—The Sec- item relating to section 2214 the following new such an illegal, improper, or incorrect payment retary shall provide in the regulations pre- item: is joint and several with that of any other offi- scribed under subsection (a)— ‘‘2214a. Transfer of funds: transfers from pro- cials who are pecuniarily liable for such pay- ‘‘(1) that procedures are implemented pro- curement accounts to research ment. viding for appropriate punishment of employees and development accounts for ‘‘(c) RELIEF FROM LIABILITY.—The Secretary of the Department of Defense for violations of major acquisition programs.’’. of Defense shall relieve a departmental account- such regulations and for negligence, misuse, (b) EFFECTIVE DATE.—Section 2214a of title 10, able official from liability under subsection (b) if abuse, or fraud with respect to a purchase card, United States Code, as added by subsection (a), the Secretary determines that the illegal, im- including dismissal in appropriate cases; and shall not apply with respect to funds appro- proper, or incorrect payment was not the result ‘‘(2) that a violation of such regulations by a priated before the date of the enactment of this of fault or negligence by that official.’’. person subject to chapter 47 of this title (the Act. (b) CLERICAL AMENDMENT.—The table of sec- Uniform Code of Military Justice) is punishable SEC. 1007. DEVELOPMENT AND PROCUREMENT tions at the beginning of such chapter is amend- as a violation of section 892 of this title (article OF FINANCIAL AND NONFINANCIAL ed by inserting after the item relating to section 92 of the Uniform Code of Military Justice).’’. MANAGEMENT SYSTEMS. 2773 the following new item: (b) CLERICAL AMENDMENT.—The item relating (a) REPORT.—Not later than March 1, 2003, ‘‘2773a. Departmental accountable officials.’’. to section 2784 in the table of sections at the be- the Secretary of Defense shall submit to the con- ginning of chapter 165 of such title is amended gressional defense committees a report on the SEC. 1005. IMPROVEMENTS IN PURCHASE CARD to read as follows: MANAGEMENT. modernization of the Department of Defense’s (a) IN GENERAL.—Section 2784 of title 10, ‘‘2784. Management of purchase cards.’’. financial management systems and operations. United States Code, is amended to read as fol- SEC. 1006. AUTHORITY TO TRANSFER FUNDS The report shall include the following: lows: WITHIN A MAJOR ACQUISITION PRO- (1) The goals and objectives of the Financial GRAM FROM PROCUREMENT TO Management Modernization Program. ‘‘§ 2784. Management of purchase cards RDT&E. (2) The acquisition strategy for that Program, ‘‘(a) MANAGEMENT OF PURCHASE CARDS.—The (a) PROGRAM FLEXIBILITY.—(1) Chapter 131 of including milestones, performance metrics, and Secretary of Defense, acting through the Under title 10, United States Code, is amended by in- financial and nonfinancial resource needs. Secretary of Defense (Comptroller), shall pre- serting after section 2214 the following new sec- (3) A listing of all operational and develop- scribe regulations governing the use and control tion: mental financial and nonfinancial management of all purchase cards and convenience checks systems in use by the Department, the related ‘‘§ 2214a. Transfer of funds: transfers from that are issued to Department of Defense per- costs to operate and maintain those systems dur- procurement accounts to research and de- sonnel for official use. Those regulations shall ing fiscal year 2002, and the estimated cost to velopment accounts for major acquisition be consistent with regulations that apply Gov- operate and maintain those systems during fis- programs ernment-wide regarding use of purchase cards cal year 2003. by Government personnel for official purposes. ‘‘(a) TRANSFER AUTHORITY WITHIN MAJOR (4) An estimate of the completion date of a ‘‘(b) REQUIRED SAFEGUARDS AND INTERNAL PROGRAMS.—Subject to subsection (b), the Sec- transition plan that will identify which of the CONTROLS.—Regulations under subsection (a) retary of Defense may transfer amounts pro- Department’s operational and developmental fi- shall include safeguards and internal controls vided in an appropriation Act for procurement nancial management systems will not be part of to ensure the following: for a covered acquisition program to amounts the objective financial and nonfinancial man- ‘‘(1) That there is a record in the Department provided in the same appropriation Act for re- agement system and that provides the schedule of Defense of each holder of a purchase card search, development, test, and evaluation for for phase out of those legacy systems. issued by the Department of Defense for official that program. (b) LIMITATIONS.—(1) A contract described in use, annotated with the limitations on amounts ‘‘(b) CONGRESSIONAL NOTICE-AND-WAIT.—A subsection (c) may be entered into using funds that are applicable to the use of each such card transfer may be made under this section only made available to the Department of Defense for by that purchase card holder. after— fiscal year 2003 only with the approval in ad- ‘‘(2) That the holder of a purchase card and ‘‘(1) the Secretary submits to the congressional vance in writing of the Under Secretary of De- each official with authority to authorize ex- defense committees notice in writing of the Sec- fense (Comptroller). penditures charged to the purchase card are re- retary’s intent to make such transfer, together (2) Not more than 75 percent of the funds au- sponsible for— with the Secretary’s justification for the trans- thorized to be appropriated in section 201(4) for ‘‘(A) reconciling the charges appearing on fer; and research, development, test, and evaluation for each statement of account for that purchase ‘‘(2) a period of 30 days has elapsed following the Department of Defense Financial Mod- card with receipts and other supporting docu- the date of such notification. ernization Program (Program Element mentation; and ‘‘(c) LIMITATIONS.—From amounts appro- 65016D8Z) may be obligated until the report re- ‘‘(B) forwarding that statement after being so priated for the Department of Defense for any quired by subsection (a) is received by the con- reconciled to the designated disbursing office in fiscal year for procurement— gressional defense committees. a timely manner. ‘‘(1) the total amount transferred under this (c) COVERED CONTRACTS.—Subsection (b)(1) ‘‘(3) That any disputed purchase card charge, section may not exceed $250,000,000; and applies to a contract for the procurement of any and any discrepancy between a receipt and ‘‘(2) the total amount so transferred for any of the following: other supporting documentation and the pur- acquisition program may not exceed $20,000,000. (1) An enterprise architecture system. chase card statement of account, is resolved in ‘‘(d) COVERED ACQUISITION PROGRAMS.—In (2) A finance or accounting system. the manner prescribed in the applicable Govern- this section, the term ‘covered acquisition pro- (3) A nonfinancial business and feeder system. ment-wide purchase card contract entered into gram’ means an acquisition program of the De- (4) An upgrade to any system specified in by the Administrator of General Services. partment of Defense that is— paragraphs (1) through (3).

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 H2306 CONGRESSIONAL RECORD — HOUSE May 9, 2002

(d) DEFINITIONS.—As used in this section: (b) CLASSIFICATION.—The report may be sub- partment of Defense plans, programs, and budg- (1) FINANCIAL MANAGEMENT SYSTEM AND OPER- mitted in unclassified or classified form as nec- eting process and by appropriate decision mak- ATIONS.—The term ‘‘financial management sys- essary. ing bodies within the Department of Defense. tem and operations’’ means financial, financial SEC. 1013. REQUIREMENT THAT DEPARTMENT OF (4) A methodology, framework, and options related, and non-financial business operations DEFENSE REPORTS TO CONGRESS for selecting sites for such a complex, including and systems used for acquisition programs, BE ACCOMPANIED BY ELECTRONIC consideration of current training facilities that transportation, travel, property, inventory, sup- VERSION. would accommodate requirements among all the ply, medical, budget formulation, financial re- Section 480(a) of title 10, United States Code, Armed Forces. porting, and accounting. Such term includes the is amended by striking ‘‘shall, upon request’’ (5) Options for development as part of such a automated and manual processes, procedures, and all that follows through ‘‘(or each’’ and in- complex of a joint urban warfare training center controls, data, hardware, software, and support serting ‘‘shall provide to Congress (or’’. that could also be used for homeland defense personnel dedicated to the operations and main- SEC. 1014. STRATEGIC FORCE STRUCTURE PLAN and consequence management training for Fed- tenance of system functions. FOR NUCLEAR WEAPONS AND DELIV- eral, State, and local training. ERY SYSTEMS. (2) FEEDER SYSTEMS.—The term ‘‘feeder sys- (6) Cost estimates and resource requirements tems’’ means financial portions of mixed sys- (a) PLAN REQUIRED.—The Secretary of De- to establish and maintain such a complex, in- tems. fense and the Secretary of Energy shall jointly cluding estimates of costs and resource require- (3) DEVELOPMENTAL SYSTEMS AND PROJECTS.— prepare a plan for the United States strategic ments for the use of contract personnel for the The term ‘‘developmental systems and projects’’ force structure for nuclear weapons and nuclear performance of management, operational, and means any system that has not reached Mile- weapons delivery systems for the period of fiscal logistics activities for such a complex . stone C, as defined in the Department of De- years from 2002 through 2012. The plan shall— (7) An explanation of the relationship between fense 5000–series regulations. (1) delineate a baseline strategic force struc- and among such a complex and the Department ture for such weapons and systems over such Subtitle B—Reports of Defense Office of Transformation, the Joint period consistent with the Nuclear Posture Re- Staff, the United States Joint Forces Command, SEC. 1011. AFTER-ACTION REPORTS ON THE CON- view dated January 2002; the United States Northern Command, and each DUCT OF MILITARY OPERATIONS (2) define sufficient force structure, force mod- element of the major commands within the sepa- CONDUCTED AS PART OF OPER- ernization and life extension plans, infrastruc- ATION ENDURING FREEDOM. rate Armed Forces with responsibility for experi- ture, and other elements of the defense program mentation and training. (a) REPORT REQUIRED.—(1) The Secretary of of the United States associated with such weap- Defense shall submit to the congressional com- (8) A discussion of how implementation of a ons and systems that would be required to exe- joint opposing force would be established, in- mittees specified in subsection (c) two reports on cute successfully the full range of missions the conduct of military operations conducted as cluding the feasibility of using qualified con- called for in the national defense strategy delin- tractors for the function of establishing and part of Operation Enduring Freedom. The first eated in the Quadrennial Defense Review dated report (which shall be an interim report) shall maintaining joint opposing forces and the role September 30, 2001, under section 118 of title 10, of foreign forces. be submitted not later than June 15, 2003. The United States Code; and second report shall be submitted not later than (9) Submission of a time line to establish such (3) identify the budget plan that would be re- a center and for such a center to achieve initial 180 days after the date (as determined by the quired to provide sufficient resources to execute Secretary of Defense) of the cessation of hos- operational capability and full operational ca- successfully the full range of missions using pability. tilities undertaken as part of Operation Endur- such force structure called for in that national SEC. 1016. REPEAL OF VARIOUS REPORTS RE- ing Freedom. defense strategy. (2) Each report shall be prepared in consulta- QUIRED OF THE DEPARTMENT OF (b) REPORT.—(1) The Secretary of Defense and DEFENSE. tion with the Chairman of the Joint Chiefs of the Secretary of Energy shall submit a report on (a) PROVISIONS OF TITLE 10.—Title 10, United Staff, the commander-in-chief of the United the plan to the congressional defense commit- States Code, is amended as follows: States Central Command, and the Director of tees. Except as provided in paragraph (2), the (1)(A) Section 230 is repealed. Central Intelligence. report shall be submitted not later than January (B) The table of sections at the beginning of (3) Each report shall be submitted in both a 1, 2003. chapter 9 is amended by striking the item relat- classified form and an unclassified form. (2) If before January 1, 2003, the President ing to section 230. (b) MATTERS TO BE INCLUDED.—Each report submits to Congress the President’s certification (2) Section 526 is amended by striking sub- shall contain a discussion of accomplishments that it is in the national security interest of the section (c). and shortcomings of the overall military oper- United States that such report be submitted on (3) Section 721(d) is amended— ation. The report shall specifically include the a later date (to be specified by the President in (A) by striking paragraph (2); and following: the certification), such report shall be submitted (B) by striking ‘‘(1)’’ before ‘‘If an officer’’. (1) A discussion of the command, control, co- not later than such later date. (4) Section 986 is amended by striking sub- ordination, and support relationship between SEC. 1015. REPORT ON ESTABLISHMENT OF A section (e). United States Special Operations Forces and JOINT NATIONAL TRAINING COM- (5) Section 1095(g) is amended— Central Intelligence Agency elements partici- PLEX AND JOINT OPPOSING FORCES. (A) by striking paragraph (2); and pating in Operation Enduring Freedom and any (a) REPORT REQUIRED.—Not later than six (B) by striking ‘‘(1)’’ after ‘‘(g)’’. lessons learned from the joint conduct of oper- months after the date of the enactment of this (6) Section 1798 is amended by striking sub- ations by those forces and elements. Act, the Secretary of Defense shall submit to the section (d). (2) Recommendations to improve operational Committee on Armed Services of the Senate and (7) Section 1799 is amended by striking sub- readiness and effectiveness. the Committee on Armed Services of the House section (d). (c) CONGRESSIONAL COMMITTEES.—The com- of Representatives a report that outlines a plan (8) Section 2010 is amended by striking sub- mittees referred to in subsection (a)(1) are the to develop and implement a joint national train- section (b). following: ing complex. Such a complex may include mul- (9) Section 2327(c)(1) is amended— (1) The Committee on Armed Services and the tiple joint training sites and mobile training (A) in subparagraph (A), by striking ‘‘after Select Committee on Intelligence of the Senate. ranges and appropriate joint opposing forces the date on which such head of an agency sub- (2) The Committee on Armed Services and the and shall be capable of supporting field exer- mits to Congress a report on the contract’’ and Permanent Select Committee on Intelligence of cises and experimentation at the operational inserting ‘‘if in the best interests of the Govern- the House of Representatives. level of war across a broad spectrum of adver- ment’’; and SEC. 1012. REPORT ON BIOLOGICAL WEAPONS DE- sary capabilities. (B) by striking subparagraph (B). FENSE AND COUNTER-PROLIFERA- (b) MATTERS TO BE INCLUDED.—The report (10) Section 2350f is amended by striking sub- TION. under subsection (a) shall include the following: section (c). (a) REPORT REQUIRED.—Not later than 180 (1) An identification and description of the (11) Section 2350k is amended by striking sub- days after the date of the enactment of this Act, types of joint training and experimentation that section (d). the Secretary of Defense shall submit to the would be conducted at such a joint national (12) Section 2492 is amended by striking sub- Committees on Armed Services of the Senate and training complex, together with a description of section (c). the House of Representatives a report— how such training and experimentation would (13) Section 2493 is amended by striking sub- (1) describing programs and initiatives to halt, enhance accomplishment of the six critical oper- section (g). counter, and defend against the development, ational goals for the Department of Defense (14) Section 2563(c)(2) is amended by striking production, and proliferation of biological specified at page 30 of the Quadrennial Defense ‘‘and notifies Congress regarding the reasons for weapons agents, technology, and expertise to Review Report of the Secretary of Defense the waiver’’. terrorist organizations and other States; and issued on September 30, 2001. (15) Section 2611 is amended by striking sub- (2) including a detailed list of the limitations (2) A discussion of how establishment of such section (e). and impediments to the biological weapons de- a complex (including joint opposing forces) (16) Sections 4357, 6975, and 9356 are each fense, nonproliferation, and would promote innovation and transformation amended— counterproliferation efforts of the Department throughout the Department of Defense. (A) by striking subsection (c); and of Defense, and recommendations to remove (3) A discussion of how results from training (B) in subsection (a), by striking ‘‘Subject to such impediments and to make such efforts more and experiments conducted at such a complex subsection (c), the Secretary’’ and inserting effective. would be taken into consideration in the De- ‘‘The Secretary’’.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2307 (17) Section 4416 is amended by striking sub- to conduct a study and prepare a report on the (A) hard and deeply buried targets; and section (f). anticipated short-term and long-term effects of (B) enemy weapons of mass destruction and (18) Section 5721(f) is amended— the use of a nuclear earth penetrator weapon on the development and production facilities of (A) by striking paragraph (2); and the target area, including the effects on civilian such enemy weapons. (B) by striking ‘‘(1)’’ after the subsection populations in proximity to the target area and (4) Develop a plan to achieve and maintain heading. on United States military personnel performing the capability to resume conducting under- (19) Section 12302 is amended— operations and battle damage assessments in the ground tests of nuclear weapons within one (A) in subsection (b), by striking the last sen- target area, and the anticipated short-term and year after a decision is made to resume con- tence; and ducting such tests, so as to have the means to (B) by striking subsection (d). long-term effects on the civilian population in maintain robust and adaptive strategic forces (b) NATIONAL DEFENSE AUTHORIZATION ACT proximity to the target area if— FOR FISCAL YEAR 1995.—Section 553(b) of the (1) a non-penetrating nuclear weapon is used through a ready, responsive, and capable nu- National Defense Authorization Act for Fiscal to destroy hard or deeply-buried targets; or clear infrastructure, as prescribed in such Nu- Year 1995 (Public Law 103–337; 108 Stat. 2772; 10 (2) a conventional high-explosive weapon is clear Posture Review. U.S.C. 4331 note) is amended by striking the last used to destroy an adversary’s weapons of mass (5) Develop a plan to revitalize the Nation’s sentence. destruction storage or production facilities, and nuclear weapons industry and infrastructure so as to facilitate the development and production SEC. 1017. REPORT ON THE ROLE OF THE DE- radioactive, nuclear, biological, or chemical PARTMENT OF DEFENSE IN SUP- weapons materials, agents, or other contami- of safer, more reliable, and more effective nu- PORTING HOMELAND SECURITY. nants are released or spread into populated clear weapons. (a) REPORT REQUIRED.—Not later than De- areas. SEC. 1022. TIME FOR TRANSMITTAL OF ANNUAL cember 31, 2002, the Secretary of Defense shall (b) REPORT.—Not later than 180 days after the DEFENSE AUTHORIZATION LEGISLA- submit to the congressional defense committees a date of the enactment of this Act, the Secretary TIVE PROPOSAL. report on Department of Defense responsibil- shall submit to Congress the report under sub- (a) IN GENERAL.—Chapter 2 of title 10, United ities, mission, and plans for military support of section (a), together with any comments the Sec- States Code, is amended by inserting after sec- homeland security. retary may consider appropriate on the report. tion 113 the following new section: (b) CONTENT OF REPORT.—The report shall in- The report shall be submitted in unclassified ‘‘§ 113a. Transmission of annual defense au- clude, but not be limited to, a discussion of the form to the maximum extent possible, with a thorization request following: classified annex if needed. ‘‘(a) TIME FOR TRANSMITTAL.—The Secretary (1) Changes in organization regarding the SEC. 1019. REPORT ON EFFECTS OF NUCLEAR- of Defense shall transmit to Congress the an- roles, mission, and responsibilities carried out by TIPPED BALLISTIC MISSILE INTER- nual defense authorization request for a fiscal the Department of Defense to support its home- CEPTORS AND NUCLEAR MISSILES year during the first 30 days after the date on NOT INTERCEPTED. land security mission and the reasons for those which the President transmits to Congress the (a) NAS STUDY.—The Secretary of Defense changes based upon the findings of the study budget for that fiscal year pursuant to section shall request the National Academy of Sciences and report required by section 1511 of the Na- 1105 of title 31. to conduct a study and prepare a report on the tional Defense Authorization Act for Fiscal ‘‘(b) DEFENSE AUTHORIZATION REQUEST DE- anticipated short-term and long-term effects of Year 2002 (Public Law 107–107; 115 Stat. 1271). FINED.—In this section, the term ‘defense au- (2) Changes in the roles, missions, and respon- the use of a nuclear-tipped ballistic missile in- thorization request’, with respect to a fiscal sibilities of the Department of the Army, the De- terceptor, including the effects on civilian popu- year, means a legislative proposal submitted to partment of the Navy, and the Department of lations and on United States military personnel Congress for the enactment of the following: the Air Force with respect to homeland security in proximity to the target area, and the imme- ‘‘(1) Authorizations of appropriations for that and the reasons for such changes. diate, short-term, and long-term effects on the fiscal year, as required by section 114 of this (3) Changes in the roles, missions, and respon- civilian population of a major city of the United title. sibilities of unified commands with homeland se- States, and the Nation as a whole, if a ballistic ‘‘(2) Personnel strengths for that fiscal year, curity missions and the reasons for such missile carrying a nuclear weapon is not inter- as required by section 115 of this title. changes. cepted and detonates directly above a major city ‘‘(3) Any other matter that is proposed by the (4) Changes in the roles, missions, and respon- of the United States. Secretary of Defense to be enacted as part of the sibilities of the United States Joint Forces Com- (b) REPORT.—Not later than 180 days after the annual defense authorization bill for that fiscal mand and the United States Northern Command date of the enactment of this Act, the Secretary year.’’. in expanded homeland security training and ex- shall submit to Congress the report under sub- (b) CLERICAL AMENDMENT.—The table of sec- perimentation involving the Department of De- section (a), together with any comments the Sec- tions at the beginning of such chapter is amend- fense and other Federal, State, and local enti- retary may consider appropriate on the report. ed by inserting after the item relating to section ties, and the reasons for such changes. The report shall be submitted in unclassified 113 the following new item: (5) Changes in the roles, missions, and respon- form to the maximum extent possible, with a ‘‘113a. Transmission of annual defense author- sibilities of the Army National Guard and the classified annex if needed. Air National Guard in the homeland security ization request.’’. Subtitle C—Other Matters mission of the Department of Defense, and the SEC. 1023. TECHNICAL AND CLERICAL AMEND- reasons for such changes. SEC. 1021. SENSE OF CONGRESS ON MAINTE- MENTS. (6) The status of the unconventional nuclear NANCE OF A RELIABLE, FLEXIBLE, (a) TITLE 10, UNITED STATES CODE.—Title 10, AND ROBUST STRATEGIC DETER- warfare defense test bed program established in United States Code, is amended as follows: RENT. (1) Section 153 is amended by inserting ‘‘(a) response to title IX of the Department of De- It is the sense of Congress that, consistent fense Appropriations Act, 2002 (division A of PLANNING; ADVICE; POLICY FORMULATION.—’’ at with the national defense strategy delineated in the beginning of the text. Public Law 107–117; 115 Stat. 2289), including the Quadrennial Defense Review dated Sep- the plan and program for establishing such test (2) Section 663(e)(2) is amended by striking tember 30, 2001 (as submitted under section 118 ‘‘Armed Forces Staff College’’ and inserting beds. of title 10, United States Code), the Nuclear Pos- (7) The plans and status of the Department of ‘‘Joint Forces Staff College’’. ture Review dated January 2002, and the global Defense homeland security biological defense (3) Section 2399(a)(2) is amended— strategic environment, the President should, to program, including the plans and status of— (A) in the matter preceding subparagraph (A), (A) the biological counter terrorism research defend the Nation, deter aggressors and poten- by striking ‘‘means—’’ and inserting ‘‘means a program; tial adversaries, assure friends and allies, defeat conventional weapons system that—’’; and (B) the biological defense homeland security enemies, dissuade competitors, advance the for- (B) in subparagraph (A), by striking ‘‘a con- support program; eign policy goals and vital interests of the ventional weapons system that’’. (C) pilot programs for establishing biological United States, and generally ensure the na- (4)(A) Section 2410h is transferred to the end defense test beds on Department of Defense in- tional security of the United States, take the fol- of subchapter IV of chapter 87 and is redesig- stallations and in selected urban areas of the lowing actions: nated as section 1747. United States; (1) Maintain an operationally deployed stra- (B) The item relating to that section in the (D) programs for expanding the capacity of tegic force of not less than 1,700 nuclear weap- table of sections at the beginning of chapter 141 the Department of Defense to meet increased de- ons for immediate and unexpected contin- is transferred to the end of the table of sections mand for vaccines against biological agents; and gencies. at the beginning of subchapter IV of chapter 87 (E) any plans to coordinate Department of (2) Maintain a responsive force of non-de- and is amended to reflect the redesignation Defense work in biological defense programs ployed nuclear weapons for potential contin- made by subparagraph (A). with other Federal, State, and local programs. gencies at readiness and numerical levels deter- (5) Section 2677 is amended by striking sub- (8) Recommendations for legislative changes mined to be— section (c). that may be required to execute the roles and (A) essential to the execution of the Single In- (6) Section 2680(e) is amended by striking missions set forth in Department of Defense tegrated Operational Plan; or ‘‘the’’ after ‘‘the Committee on’’ the first place homeland security plans. (B) necessary to maintain strategic flexibility it appears. SEC. 1018. REPORT ON EFFECTS OF NUCLEAR and capability in accordance with the findings (7) Section 2815(b) is amended by striking ‘‘for EARTH PENETRATOR WEAPONS AND and conclusions of such Nuclear Posture Re- fiscal year 2003 and each fiscal year thereafter’’ OTHER WEAPONS. view. and inserting ‘‘for any fiscal year’’. (a) NAS STUDY.—The Secretary of Defense (3) Develop advanced conventional weapons, (8) Section 2828(b)(2) is amended by inserting shall request the National Academy of Sciences and nuclear weapons, capable of destroying— ‘‘time’’ after ‘‘from time to’’.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 H2308 CONGRESSIONAL RECORD — HOUSE May 9, 2002

(b) TITLE 37, UNITED STATES CODE.—Title 37, (b) CONDITION OF CONVEYANCE.—The convey- (b) GENERAL SCHEDULE PAY RATES.—Section United States Code, is amended as follows: ance under subsection (a) shall be subject to the 5545(d) of such title is amended by inserting be- (1) Section 302j(a) is amended by striking condition that the purchaser agree to retain the fore the period at the end of the first sentence ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’. drydock on Swan Island in Portland, Oregon, the following: ‘‘, and for any hardship or haz- (2) Section 324(b) is amended by striking ‘‘(1)’’ until at least September 30, 2007. ard related to asbestos, such differentials shall before ‘‘The Secretary’’. (c) CONSIDERATION.—As consideration for the be determined by applying occupational safety (c) PUBLIC LAW 107–107.—Effective as of De- conveyance of the drydock under subsection (a), and health standards consistent with the per- cember 28, 2001, and as if included therein as the purchaser shall pay to the Secretary an missible exposure limit promulgated by the Sec- enacted, the National Defense Authorization amount equal to the fair market value of the retary of Labor under the Occupational Safety Act for Fiscal Year 2002 (Public Law 107–107) is drydock at the time of the conveyance, as deter- and Health Act of 1970’’. amended as follows: mined by the Secretary. (c) APPLICABILITY.—Subject to any vested (1) Section 602(a)(2) (115 Stat. 1132) is amend- (d) ADDITIONAL TERMS AND CONDITIONS.—The constitutional property rights, any administra- ed by striking ‘‘an’’ in the first quoted matter. Secretary may require such additional terms tive or judicial determination after the date of (2) Section 1410(a)(3)(C) (115 Stat. 1266) by in- and conditions in connection with the convey- enactment of this Act concerning backpay for a serting ‘‘both places it appears’’ before ‘‘and in- ance under subsection (a) as the Secretary con- differential established under sections 5343(c)(4) serting’’. siders appropriate to protect the interests of the or 5545(d) of such title shall be based on occupa- (3) Section 3007(d)(1)(C) (115 Stat. 1352) is United States. tional safety and health standards described in amended by striking ‘‘2905(b)(7)(B)(iv)’’ and in- the amendments made by subsections (a) and SEC. 1026. ADDITIONAL WEAPONS OF MASS DE- serting ‘‘2905(b)(7)(C)(iv)’’. (b). (d) PUBLIC LAW 106–398.—Effective as of Octo- STRUCTION CIVIL SUPPORT TEAMS. SEC. 1104. CONTINUATION OF FEDERAL EM- (a) SENSE OF CONGRESS.—It is the sense of ber 30, 2000, and as if included therein as en- PLOYEE HEALTH BENEFITS PRO- acted, the Floyd D. Spence National Defense Congress that the Secretary of Defense should— GRAM ELIGIBILITY. Authorization Act for Fiscal Year 2001 (as en- (1) establish 23 additional teams designated as Paragraph (4)(B) of section 8905a(d) of title 5, acted into law by Public Law 106–398) is amend- Weapons of Mass Destruction Civil Support United States Code, is amended— ed as follows: Teams (for a total of 55 such teams); and (1) in clause (i), by striking ‘‘2003’’ and insert- (1) Section 577(b)(2) (114 Stat. 1654A–140) is (2) ensure that of such 55 teams there is at ing ‘‘2006’’; and amended by striking ‘‘Federal’’ in the quoted least one team established for each State and (2) in clause (ii)— matter and inserting ‘‘Department of Defense’’. territory. (A) by striking ‘‘2004’’ and inserting ‘‘2007’’; (2) Section 612(c)(4)(B) (114 Stat. 1654A–150) is (b) STATE AND TERRITORY DEFINED.—In this and amended by striking the comma at the end of section, the term ‘‘State and territory’’ means (B) by striking ‘‘2003’’ and inserting ‘‘2006’’. the first quoted matter. the several States, the District of Columbia, SEC. 1105. TRIENNIAL FULL-SCALE FEDERAL (e) PUBLIC LAW 106–65.—The National De- Puerto Rico, Guam, and the Virgin Islands. WAGE SYSTEM WAGE SURVEYS. Section 5343(b) of title 5, United States Code, fense Authorization Act for Fiscal Year 2000 TITLE XI—CIVILIAN PERSONNEL MATTERS (Public Law 106–65) is amended as follows: is amended— (1) Section 573(b) (10 U.S.C. 513 note) is SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DE- (1) in the first sentence, by striking ‘‘2 years’’ amended by inserting a period at the end of FENSE NONAPPROPRIATED FUND and inserting ‘‘3 years’’; and EMPLOYEES FOR LONG-TERM CARE (2) in the second sentence, by striking the pe- paragraph (2). INSURANCE. (2) Section 1305(6) (22 U.S.C. 5952 note) is riod at the end and inserting ‘‘, based on cri- (a) IN GENERAL.—Section 9001(1) of title 5, amended by striking the first period after ‘‘facil- teria developed by the Office.’’. United States Code, is amended— ity’’. (1) in subparagraph (B), by striking ‘‘and’’; TITLE XII—MATTERS RELATING TO OTHER (f) TITLE 14, UNITED STATES CODE.—Section (2) in subparagraph (C), by striking the NATIONS 516(c) of title 14, United States Code, is amended comma at the end and inserting ‘‘; and’’; and SEC. 1201. SUPPORT OF UNITED NATIONS-SPON- by striking ‘‘his section’’ and inserting ‘‘this (3) by inserting after subparagraph (C) the SORED EFFORTS TO INSPECT AND section’’. MONITOR IRAQI WEAPONS ACTIVI- following new subparagraph: TIES. SEC. 1024. WAR RISK INSURANCE FOR VESSELS IN ‘‘(D) an employee of a nonappropriated fund SUPPORT OF NATO-APPROVED OPER- (a) LIMITATION ON AMOUNT OF ASSISTANCE IN ATIONS. instrumentality of the Department of Defense FISCAL YEAR 2003.—The total amount of the as- Section 1205 of the Merchant Marine Act, 1936 described in section 2105(c),’’. sistance for fiscal year 2003 that is provided by (46 App. U.S.C. 1285) is amended by adding at (b) DISCRETIONARY AUTHORITY.—Section 9002 the Secretary of Defense under section 1505 of the end the following: of such title is amended— the Weapons of Mass Destruction Control Act of ‘‘(c) INSURANCE OF VESSELS IN SUPPORT OF (1) by redesignating subsections (b), (c), (d), 1992 (22 U.S.C. 5859a) as activities of the De- NATO-APPROVED OPERATIONS.—(1) Upon re- and (e) as subsections (c), (d), (e), and (f), re- partment of Defense in support of activities quest made under subsection (b), the Secretary spectively; and under that Act may not exceed $15,000,000. may provide insurance for a vessel, regardless of (2) by inserting after subsection (a) the fol- (b) EXTENSION OF AUTHORITY TO PROVIDE AS- the country in which the vessel is registered and lowing new subsection (b): SISTANCE.—Subsection (f) of section 1505 of the the citizenship of its owners, that is supporting ‘‘(b) DISCRETIONARY AUTHORITY REGARDING Weapons of Mass Destruction Control Act of a military operation approved by the North At- NONAPPROPRIATED FUND INSTRUMENTALITIES.— 1992 (22 U.S.C. 5859a) is amended by striking lantic Council, including a vessel that is not op- The Secretary of Defense may determine that a ‘‘2002’’ and inserting ‘‘2003’’. erating under contract with a department or nonappropriated fund instrumentality of the SEC. 1202. STRENGTHENING THE DEFENSE OF agency of the United States. Department of Defense is covered under this TAIWAN. ‘‘(2) If a vessel is insured under paragraph (1) chapter or is covered under an alternative long- (a) IMPLEMENTATION OF TRAINING PLAN.—Not in response to a request made pursuant to an term care insurance program.’’. later than 180 days after the date of enactment international agreement providing for the shar- SEC. 1102. EXTENSION OF DEPARTMENT OF DE- of this Act, the Secretary of Defense shall imple- ing among nations of the risks involved in mu- FENSE AUTHORITY TO MAKE LUMP- ment a comprehensive plan to conduct joint tual or joint operations, the Secretary of Trans- SUM SEVERANCE PAYMENTS. operational training for, and exchanges of sen- portation, with the concurrence of the Secretary (a) IN GENERAL.—Section 5595(i)(4) of title 5, ior officers between, the Armed Forces of the of State, may seek from another nation that is United States Code, is amended by striking United States and the military forces of Taiwan. a party to such agreement a commitment to in- ‘‘2003’’ and inserting ‘‘2006’’. Such plan shall include implementation of a demnify the United States for any amounts paid (b) REPORT.—Not later than one year after wide range of programs, activities, exercises, by the United States for claims against such in- the date of the enactment of this Act, the Presi- and arrangements focused on threat analysis, surance. dent shall submit to Congress a report including military doctrine, force planning, logistical sup- ‘‘(3) Amounts received by the United States as recommendations whether the authority under port, intelligence collection and analysis, oper- indemnity from a nation pursuant to paragraph section 5595(i) of title 5, United States Code, ational tactics, techniques, and procedures, (2) shall be deposited into the insurance fund should be made permanent or expanded to be civil-military relations, and other subjects de- created under section 1208. made Governmentwide. signed to improve the defensive capabilities of ‘‘(4) Any obligation of a department or agency SEC. 1103. COMMON OCCUPATIONAL AND HEALTH Taiwan and to enhance interoperability be- of the United States to indemnify the Secretary STANDARDS FOR DIFFERENTIAL tween the military forces of Taiwan and the or the insurance fund for any claim against in- PAYMENTS AS A CONSEQUENCE OF Armed Forces of the United States. surance provided under this subsection is extin- EXPOSURE TO ASBESTOS. (b) SUBMISSION TO CONGRESS.—At least 30 guished to the extent of any indemnification re- (a) PREVAILING RATE SYSTEMS.—Section days before commencing implementation of the ceived from a nation pursuant to paragraph (2) 5343(c)(4) of title 5, United States Code, is plan described in subsection (a), the Secretary with respect to the claim.’’. amended by inserting before the semicolon at of Defense shall submit the plan to Congress, in SEC. 1025. CONVEYANCE, NAVY DRYDOCK, PORT- the end the following: ‘‘, and for any hardship classified and unclassified form as necessary. LAND, OREGON. or hazard related to asbestos, such differentials SEC. 1203. ADMINISTRATIVE SERVICES AND SUP- (a) CONVEYANCE AUTHORIZED.—The Secretary shall be determined by applying occupational PORT FOR FOREIGN LIAISON OFFI- of the Navy may sell Navy Drydock No. YFD-69, safety and health standards consistent with the CERS. located in Portland, Oregon, to Portland Ship- permissible exposure limit promulgated by the (a) AUTHORITY.—Subchapter II of chapter 138 yard, LLC, which is the current user of the dry- Secretary of Labor under the Occupational of title 10, United States Code, is amended by dock. Safety and Health Act of 1970’’. adding at the end the following new section:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2309 ‘‘§ 2350m. Administrative services and support of Representatives a copy of each agreement re- (3) For nuclear weapons transportation secu- for foreign liaison officers ferred to in paragraphs (1) and (2); and rity in Russia, $19,700,000. ‘‘(a) AUTHORITY TO PROVIDE SERVICES AND (4) a period of 30 days has expired after the (4) For nuclear weapons storage security in SUPPORT.—The Secretary of Defense may pro- date of the final submission under paragraph Russia, $39,900,000. vide administrative services and support for for- (3). (5) For activities designated as Other Assess- eign liaison officers performing duties while (b) JOINT DATA EXCHANGE CENTER.—For pur- ments/Administrative Support, $14,700,000. such officers temporarily are assigned to compo- poses of this section, the term ‘‘Joint Data Ex- (6) For defense and military contacts, nents or commands of the armed forces. Such change Center’’ means the United States-Rus- $18,900,000. administrative services and support may include sian Federation joint center for the exchange of (7) For weapons of mass destruction infra- base or installation operation support services, data to provide early warning of launches of structure elimination activities in Kazakhstan, office space, utilities, copying services, fire and ballistic missiles and for notification of such $9,000,000. (8) For weapons of mass destruction infra- police protection, and computer support. The launches that is provided for in a joint United structure elimination activities in Ukraine, Secretary may provide such administrative serv- States-Russian Federation memorandum of $8,800,000. ices and support with or without reimbursement, agreement signed in Moscow in June 2000. (9) For chemical weapons destruction in Rus- as the Secretary considers appropriate. SEC. 1206. LIMITATION ON NUMBER OF MILITARY sia, $50,000,000. ‘‘(b) EXPIRATION OF AUTHORITY.—The author- PERSONNEL IN COLOMBIA. (10) For biological weapons facility dismantle- ity under this section shall expire on September (a) LIMITATION.—None of the funds available ment in the States of the former Soviet Union 30, 2005.’’. to the Department of Defense may be used to $11,500,000. (b) CLERICAL AMENDMENT.—The table of sec- support or maintain more than 500 members of (11) For biological weapons facility security tions at the beginning of such subchapter is the Armed Forces on duty in the Republic of Co- and safety in the States of the former Soviet amended by adding at the end the following lombia at any time. Union, $34,800,000.– (b) EXCEPTIONS.—There shall be excluded new item: (12) For biological weapons collaborative re- from counting for the purposes of the limitation ‘‘2350m. Administrative services and support for search in the States of the former Soviet Union, foreign liaison officers.’’. in subsection (a) the following: (1) A member of the Armed Forces in the Re- $8,700,000. (13) For personnel reliability programs in Rus- (c) REPORT.—Not later than March 1, 2005, public of Colombia for the purpose of rescuing sia, $100,000. the Secretary of Defense shall provide to the or retrieving United States military or civilian (14) For weapons of mass destruction pro- Committees on Armed Services of the Senate and Government personnel, except that the period liferation prevention in the States of the former the House of Representatives a report describ- for which such a member may be so excluded Soviet Union, $40,000,000. ing, as of the date of submission of the report— may not exceed 30 days unless expressly author- (1) the number of foreign liaison officers for (b) ADDITIONAL FUNDS AUTHORIZED FOR CER- ized by law. TAIN PURPOSES.—Of the funds authorized to be which support has been provided under section (2) A member of the Armed Forces assigned to appropriated to the Department of Defense for 2350m of title 10, United States Code (as added the United States Embassy in Colombia as an fiscal year 2003 in section 301(23) for Coopera- by subsection (a)); attache´, as a member of the security assistance (2) the countries from which such foreign liai- tive Threat Reduction programs, $83,600,000 may office, or as a member of the Marine Corps secu- son officers are or were assigned; be obligated for any of the purposes specified in rity contingent. (3) the type of support provided, the duration paragraphs (1) through (4) and (9) of subsection (3) A member of the Armed Forces in Colombia for which the support was provided, and the (a) in addition to the amounts specifically au- to participate in relief efforts in responding to a reasons the support was provided; and thorized in such paragraphs. natural disaster. (4) the costs to the Department of Defense and (c) REPORT ON OBLIGATION OR EXPENDITURE (4) Nonoperational transient military per- the United States of providing such support. OF FUNDS FOR OTHER PURPOSES.—No fiscal year sonnel. 2003 Cooperative Threat Reduction funds may SEC. 1204. ADDITIONAL COUNTRIES COVERED BY (5) A member of the Armed Forces making a be obligated or expended for a purpose other LOAN GUARANTEE PROGRAM. port call from a military vessel in Colombia. Section 2540 of title 10, United States Code, is than a purpose listed in paragraphs (1) through (c) WAIVER.—The Secretary of Defense may (14) of subsection (a) until 30 days after the date amended— waive the limitation in subsection (a) if he de- that the Secretary of Defense submits to Con- (1) in subsection (b), by adding at the end the termines that such waiver is in the national se- gress a report on the purpose for which the following new paragraph: curity interest. ‘‘(5) A country that, as determined by the Sec- funds will be obligated or expended and the (d) NOTIFICATION.—The Secretary shall notify retary of Defense in consultation with the Sec- the congressional defense committees not later amount of funds to be obligated or expended. retary of State, assists in combatting drug traf- 15 days after the date of the exercise of the Nothing in the preceding sentence shall be con- ficking organizations or foreign terrorist organi- waiver authority under subsection (c). strued as authorizing the obligation or expendi- zations.’’; and ture of fiscal year 2003 Cooperative Threat Re- (2) by adding at the end the following new TITLE XIII—COOPERATIVE THREAT RE- duction funds for a purpose for which the obli- subsection: DUCTION WITH STATES OF THE FORMER gation or expenditure of such funds is specifi- ‘‘(d) REPORT.—The Secretary of Defense and SOVIET UNION cally prohibited under this title or any other the Secretary of State, whenever the Secretaries SEC. 1301. SPECIFICATION OF COOPERATIVE provision of law. consider such action to be warranted, shall THREAT REDUCTION PROGRAMS (d) LIMITED AUTHORITY TO VARY INDIVIDUAL jointly submit to the Committees on Armed Serv- AND FUNDS. AMOUNTS.—(1) Subject to paragraphs (2) and ices and Foreign Relations of the Senate and (a) SPECIFICATION OF CTR PROGRAMS.—For (3), in any case in which the Secretary of De- the Committees on Armed Services and Inter- purposes of section 301 and other provisions of fense determines that it is necessary to do so in national Relations of the House of Representa- this Act, Cooperative Threat Reduction pro- the national interest, the Secretary may obligate tives a report enumerating those countries to be grams are the programs specified in section amounts appropriated for fiscal year 2003 for a added or removed under subsection (b).’’. 1501(b) of the National Defense Authorization purpose listed in any of the paragraphs in sub- SEC. 1205. LIMITATION ON FUNDING FOR JOINT Act for Fiscal Year 1997 (Public Law 104–201; section (a) in excess of the amount specifically DATA EXCHANGE CENTER IN MOS- 110 Stat. 2731; 50 U.S.C. 2362 note). authorized for such purpose (including amounts COW. (b) FISCAL YEAR 2003 COOPERATIVE THREAT authorized under subsection (b)). (a) LIMITATION.—Not more than 50 percent of REDUCTION FUNDS DEFINED.—As used in this (2) An obligation of funds for a purpose stated the funds made available to the Department of title, the term ‘‘fiscal year 2003 Cooperative in any of the paragraphs in subsection (a) in ex- Defense for fiscal year 2003 for activities associ- Threat Reduction funds’’ means the funds ap- cess of the specific amount authorized for such ated with the Joint Data Exchange Center in propriated pursuant to the authorization of ap- purpose may be made using the authority pro- Moscow, Russia, may be obligated or expended propriations in section 301 for Cooperative vided in paragraph (1) only after— for any such activity until— Threat Reduction programs. (A) the Secretary submits to Congress notifica- (1) the United States and the Russian Federa- (c) AVAILABILITY OF FUNDS.—Funds appro- tion of the intent to do so together with a com- tion enter into a cost-sharing agreement as de- priated pursuant to the authorization of appro- plete discussion of the justification for doing so; scribed in subsection (d) of section 1231 of the priations in section 301 for Cooperative Threat and Floyd D. Spence National Defense Authoriza- Reduction programs shall be available for obli- (B) 15 days have elapsed following the date of tion Act for Fiscal Year 2001 (as enacted into gation for three fiscal years. the notification. law by Public Law 106–398; 114 Stat. 1654A–329); SEC. 1302. FUNDING ALLOCATIONS. (3) The Secretary may not, under the author- (2) the United States and the Russian Federa- (a) FUNDING FOR SPECIFIC PURPOSES.—Of the ity provided in paragraph (1), obligate amounts tion enter into an agreement or agreements ex- $416,700,000 authorized to be appropriated to the for the purposes stated any of paragraphs (5) empting the United States and any United Department of Defense for fiscal year 2003 in through (13) of subsection (a) in excess of 115 States person from Russian taxes, and from li- section 301(23) for Cooperative Threat Reduction percent of the amount specifically authorized ability under Russian laws, with respect to ac- programs, the following amounts may be obli- for such purposes. tivities associated with the Joint Data Exchange gated for the purposes specified: SEC. 1303. PROHIBITION AGAINST USE OF FUNDS Center; (1) For strategic offensive arms elimination in UNTIL SUBMISSION OF REPORTS. (3) the Secretary of Defense submits to the Russia, $70,500,000. No fiscal year 2003 Cooperative Threat Reduc- Committee on Armed Services of the Senate and (2) For strategic nuclear arms elimination in tion funds may be obligated or expended until 30 the Committee on Armed Services of the House Ukraine, $6,500,000. days after the date of the submission of—

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.027 pfrm15 PsN: H09PT1 H2310 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (1) the report required to be submitted in fiscal form as necessary) describing in detail Russian ligated or expended for defense and military year 2002 under section 1308(a) of the Floyd D. proliferation of weapons of mass destruction contacts activities until the Secretary of Defense Spence National Defense Authorization Act for and ballistic missile goods, technology, and submits to Congress a report describing in detail Fiscal Year 2001 (as enacted into law by Public know-how, and of dual-use items that may con- the operation and success of such activities car- Law 106–398; 114 Stat. 1654A–341); and tribute to the development of weapons of mass ried out under Cooperative Threat Reduction (2) the update for the multiyear plan required destruction and ballistic missiles, to Iran and to programs during fiscal years 2001 and 2002. to be submitted for fiscal year 2001 under section other countries during the year preceding the Such report shall include a description of— 1205 of the National Defense Authorization Act year in which the report is submitted. The re- (1) the amounts obligated or expended for for Fiscal Year 1995 (Public Law 103–337; 22 port shall include— such activities; U.S.C. 5952 note). (1) a net assessment prepared by the Office of (2) the purposes, goals, and objectives for SEC. 1304. REPORT ON USE OF REVENUE GEN- Net Assessment of the Department of Defense; which such amounts were obligated and ex- ERATED BY ACTIVITIES CARRIED and pended; OUT UNDER COOPERATIVE THREAT (2) a detailed description of the following: (3) a description of the activities carried out, REDUCTION PROGRAMS. (A) The number, type, and quality of direct including the forms of assistance provided, and Section 1308(c) of the Floyd D. Spence Na- and dual-use weapons of mass destruction and the justification for each form of assistance pro- tional Defense Authorization Act for Fiscal ballistic missile goods, items, and technology vided; Year 2001 (as enacted into law by Public Law being transferred. (4) the success of each activity, including the 106–398; 114 Stat. 1654A–341) is amended by in- (B) The form, location, and manner in which goals and objectives achieved for each; serting at the end the following new paragraph: such transfers take place. (5) a description of participation by private ‘‘(6) To the maximum extent practicable, a de- (C) The contribution that such transfers could sector entities in the United States in carrying scription of how revenue generated by activities make to the recipient States’ weapons of mass out such activities, and the participation of any carried out under Cooperative Threat Reduction destruction and ballistic missile programs, and other Federal department or agency in such ac- programs in recipient States is being utilized, how soon such States will test, possess, and de- tivities; and monitored, and accounted for.’’. ploy weapons of mass destruction and ballistic (6) any other information that the Secretary SEC. 1305. PROHIBITION AGAINST USE OF FUNDS missiles. considers relevant to provide a complete descrip- (D) The impact that such transfers have, or FOR SECOND WING OF FISSILE MA- tion of the operation and success of activities could have, on United States national security, TERIAL STORAGE FACILITY. carried out under Cooperative Threat Reduction on regional friends, allies, and interests, and on No funds authorized to be appropriated for programs. Cooperative Threat Reduction programs for any United States military forces deployed in the re- TITLE XIV—UTAH TEST AND TRAINING fiscal year may be used for the design, planning, gion to which such transfers are being made. RANGE or construction of a second wing for a storage (E) The actions being taken by the United facility for Russian fissile material. States to counter and defend against capabili- SEC. 1401. DEFINITION OF UTAH TEST AND TRAINING RANGE. SEC. 1306. SENSE OF CONGRESS AND REPORT RE- ties developed by the recipient States as a result QUIREMENT REGARDING RUSSIAN of such transfers. In this title, the term ‘‘Utah Test and Train- PROLIFERATION TO IRAN. (F) The strategy, plan, or policy incorporating ing Range’’ means those portions of the military (a) SENSE OF CONGRESS.—It is the sense of the full range of policy tools available that the operating area of the Utah Test and Training Congress that— President intends to employ to halt Russian pro- Area located solely in the State of Utah. The (1) Russian proliferation to Iran constitutes a liferation, the rationale for employing such term includes the Dugway Proving Ground. clear threat to the national security and vital tools, and the timeline by which the President SEC. 1402. MILITARY OPERATIONS AND OVER- interests of the United States and undermines expects to see material progress in ending Rus- FLIGHTS AT UTAH TEST AND TRAIN- the purpose and goals of Cooperative Threat Re- sian proliferation of direct and dual-use weap- ING RANGE. duction programs; ons of mass destruction and missile goods, tech- (a) FINDINGS.—The Congress finds the fol- (2) such proliferation consists primarily of nu- nologies, and know-how. lowing: clear and missile technology, goods, and know- SEC. 1307. PROHIBITION AGAINST USE OF COOP- (1) The testing and development of military how, and dual-use items that could contribute ERATIVE THREAT REDUCTION weapons systems and the training of military to the development of weapons of mass destruc- FUNDS OUTSIDE THE STATES OF forces are critical to ensuring the national secu- THE FORMER SOVIET UNION. tion and ballistic missiles; rity of the United States. No Cooperative Threat Reduction funds au- (3) because of ongoing Russian assistance, the (2) The Utah Test and Training Range is a thorized or appropriated for any fiscal year may intelligence community estimates that Iran unique and irreplaceable national asset at the be used for threat reduction projects, programs, could attempt to launch an intercontinental bal- core of the test and training mission of the De- or activities in countries other than the States of listic missile by 2005, and could possess a nu- partment of Defense. the former Soviet Union. clear weapon by 2010; (3) Areas designated as wilderness study areas (4) Russian proliferation is providing Iran SEC. 1308. LIMITED WAIVER OF RESTRICTION ON are located near lands withdrawn for military with the capability to strike United States mili- USE OF FUNDS. use and are beneath special use airspace critical (a) WAIVER AUTHORITY.—(1) The restriction tary forces, interests, allies, and friends in the to the support of military test and training mis- described in subsection (d)(5) of section 1203 of region with weapons-of-mass-destruction-tipped sions at the Utah Test and Training Range. the National Defense Authorization Act for Fis- ballistic missiles; (4) Continued unrestricted access to the spe- cal Year 1994 (Public Law 103–160; 107 Stat. (5) the issue of Russian proliferation to Iran cial use airspace and lands that comprise the 1779; 22 U.S.C. 5952) shall not apply with respect has been raised by United States officials at the Utah Test and Training Range is a national se- to United States assistance to Russia if the highest levels of the Russian Government; curity priority and is not incompatible with the (6) Iran has long been identified as a State President submits to Congress a written certifi- protection and proper management of the nat- sponsor of terrorism by the United States be- cation that waiving the restriction is important ural, environmental, cultural, and other re- cause of its support of foreign terrorist organi- to the national security interests of the United sources of such lands. zations, and the combination of terrorist organi- States. (b) OVERFLIGHTS.—(1) Nothing in this title, (2) The authority under paragraph (1) shall zations and weapons of mass destruction con- the Wilderness Act (16 U.S.C. 1131 et seq.), or expire on December 31, 2005. stitutes a grave threat to the national security other land management laws generally applica- (b) REPORT.—Not later than 30 days after the ble to federally designated wilderness areas or of the United States; date that the President applies the waiver au- (7) Russian proliferation to Iran raises serious wilderness study areas in the Utah Test and thority under subsection (a), the President shall questions regarding the intentions of the Rus- Training Range shall restrict or preclude low- submit to Congress a report (in classified and sian Government, and its commitment to non- level overflights, low-level military overflights unclassified form as necessary) describing— proliferation and improved relations with the (1) the arms control agreements with which and operations of military aircraft, helicopters, United States; Russia is not committed to complying, the form unmanned aerial vehicles, military overflights (8) Russian proliferation to Iran could under- or forms of noncommittal, and detailed evidence or military overflights and operations that can mine Congressional support for Cooperative of such noncommittal; be seen or heard within those areas. Threat Reduction programs; and (2) why use of the waiver of authority was im- (2) Paragraph (1) precludes any restriction re- (9) the President must safeguard United States portant to protect national security interests; garding altitude or airspeed, noise level, super- national security and demonstrate United States and sonic flight, route of flight, time of flight, sea- resolve and commitment to stopping the pro- (3) a strategy, plan, or policy incorporating sonal usage, or numbers of flights of any mili- liferation of weapons of mass destruction and the full range of policy tools available to the tary aircraft, helicopters, unmanned aerial vehi- ballistic missiles through clear, firm, and coher- President for promoting Russian commitment to, cles, missiles, aerospace vehicles, and other mili- ent policies and strategies that employ the full and compliance with, all relevant arms control tary weapons systems over federally designated range of diplomatic and economic tools at his agreements. wilderness areas or wilderness study areas in disposal, both positive and negative, to halt the SEC. 1309. LIMITATION ON USE OF FUNDS UNTIL the Utah Test and Training Range. serious and continuing problem of Russian pro- SUBMISSION OF REPORT ON DE- (3) In this subsection, the term ‘‘low-level’’ in- liferation. FENSE AND MILITARY CONTACTS AC- cludes any flight down to and including 10 feet (b) REPORT.—Not later than March 15 of 2003 TIVITIES. above ground level. through 2009, the President shall submit to Con- Not more than 50 percent of fiscal year 2003 (c) SPECIAL USE AIRSPACE AND TRAINING gress a report (in unclassified and classified Cooperative Threat Reduction Funds may be ob- ROUTES.—Nothing in this title, the Wilderness

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2311 Act, or other land management laws generally (2) Those lands that were acquired by the market value under this subsection by purchase applicable to federally designated wilderness United States through donation, exchange, or from willing sellers, by exchange for lands of areas or wilderness study areas in the Utah Test other method of acquisition and— approximately equal value, or by donation. and Training Range shall restrict or preclude (A) are located entirely within the areas iden- (4) In furtherance of the purposes and prin- the designation of new units of special use air- tified in paragraph (1); or ciples of the Wilderness Act, management activi- space, the expansion of existing units of special (B) are located within a logical extension of ties to maintain or restore fish and wildlife pop- use airspace, or the use or establishment of mili- the boundaries of the areas identified in para- ulations and the habitats to support such popu- tary training routes over federally designated graph (1). lations may be carried out within the areas des- wilderness areas or wilderness study areas in (b) PLANNING PROCESS FOR FEDERAL LANDS IN ignated as wilderness by this title where con- the Utah Test and Training Range. UTAH TEST AND TRAINING RANGE.—(1) The Sec- sistent with relevant wilderness management (d) COMMUNICATIONS AND TRACKING SYS- retary of the Interior shall not continue the plans, in accordance with appropriate policies TEMS.—Nothing in this title, the Wilderness Act, plan amendment process initiated pursuant to and guidelines such as those set forth in appen- or other land management laws generally appli- section 202 of Public Law 94–579 (43 U.S.C. 1712) dix B of the Report of the Committee on Interior cable to federally designated wilderness areas or and published in the Federal Register on March and Insular Affairs to accompany H.R. 2570 of wilderness study areas in the Utah Test and 18, 1999 (64 Fed. Reg. 13439), for Federal lands the 101st Congress (H. Rept. 101–405). Training Range shall be construed to require located in the Utah Test and Training Range. (5) Within the areas designated as wilderness the removal of existing communications, instru- (2) The Secretary of the Interior shall not de- mentation, or electronic tracking systems from by this title, the grazing of livestock, where es- velop, maintain, or revise land use plans pursu- tablished before the date of the enactment of these areas, to prevent any required mainte- ant to section 202 of Public Law 94–579 (43 nance of such systems, or to prevent the instal- this Act, shall be permitted to continue subject U.S.C. 1712) for Federal lands located in the to such reasonable regulations, policies, and lation of new communication, instrumentation, Utah Test and Training Range without the or other equipment necessary for effective test- practices as the Secretary of the Interior con- prior concurrence of the Secretary of the Air siders necessary, as long as such regulations, ing and training to meet military requirements Force and the Commander-in-Chief of the mili- so long as the installation and maintenance of policies, and practices fully conform with and tary forces of the State of Utah. implement the intent of Congress regarding such systems do not require construction of any (c) WITHDRAWAL.—Subject to valid existing permanent roads in any federally designated grazing in such areas, as such intent is ex- rights, the Federal lands in the areas designated pressed in the Wilderness Act, section 101(f) of wilderness area or wilderness study area. as wilderness by this title are hereby withdrawn (e) EMERGENCY ACCESS AND RESPONSE.—(1) Public Law 101–628, and House Report 101–405, from all forms of entry, appropriation, or dis- Appendix A. Nothing in this title, the Wilderness Act, or posal under the public land laws, from location, (6) Congress does not intend for the designa- other land management laws generally applica- entry, and patent under the United States min- tion of the wilderness in this title to lead to the ble to federally designated wilderness areas or ing laws, and from disposition under all laws wilderness study areas in the Utah Test and creation of protective perimeters or buffer zones pertaining to mineral and geothermal leasing, Training Range shall restrict or preclude timely around any area designated as wilderness by and mineral materials, and all amendments to access to any area necessary to respond to emer- this title. The fact that nonwilderness activities such laws. gency situations. Immediate access, including or uses can be seen or heard within the areas (d) WATER.—Nothing in this title or any ac- access for emergency and rescue vehicles and designated as wilderness by this title shall not, tion taken pursuant to this title shall constitute equipment, shall not be restricted if human life of itself, preclude such activities or uses up to an express or implied reservation of surface or or health may be in jeopardy. the boundary of that wilderness. groundwater by any person, including the (2) Not later than 120 days after the date of United States. Nothing in this title affects any (7) Until completion of a full revision of the the enactment of this Act, the Secretary of the valid existing water rights in existence before Pony Express Area Resource Management Plan, Air Force and the Secretary of Interior shall dated January 12, 1990, by the Salt Lake Field enter into a memorandum of understanding pro- the date of the enactment of this Act, including any water rights held by the United States. If Office of the Bureau of Land Management, the viding formal procedures for access to the feder- Secretary of Interior shall not grant or issue ally designated wilderness areas or wilderness the United States determines that additional water resources are needed for the purposes of any authorizations pursuant to section 501(a)(6) study areas that are located beneath airspace of of Public Law 94–579 (43 U.S.C. 1761(a)(6)) upon the Utah Test and Training Range, which may this title, the United States shall acquire such rights in accordance with the water laws of the Federal lands identified as inventory units be necessary to respond to emergency situations, UTU-020-088, UTU-020-095, UTU-020-096, and to rescue downed aircrew members, to inves- State of Utah. (e) MAP AND DESCRIPTION.—(1) As soon as UTU-020-100, as generally depicted on the map tigate accident locations, to recover military air- entitled ‘‘Wilderness Inventory, State of Utah’’, craft or other weapons systems, and to restore practicable after the date of the enactment of dated August 1979. accident locations. Military operations in the this title, the Secretary of Interior shall transmit Utah Test and Training Range shall not be lim- a map and legal description of the areas des- SEC. 1404. DESIGNATION OF PILOT RANGE WIL- ited or restricted in any way pending completion ignated as wilderness by this title to the Com- DERNESS. of the memorandum of understanding. mittee on Resources of the House of Representa- Certain Federal lands in Box Elder County, (f) CONTROL OR RESTRICTION OF PUBLIC AC- tives and the Committee on Energy and Natural Utah, as generally depicted on the map entitled CESS.—(1) When required by national security or Resources of the Senate. ‘‘Pilot Range Wilderness’’, and dated October 1, public safety, public access to federally des- (2) The map and legal description shall have 2001, are hereby designated as wilderness, and ignated wilderness areas or wilderness study the same force and effect as if included in this shall be known as the Pilot Range Wilderness areas in the Utah Test and Training Range that title, except that the Secretary of Interior may Area. are located beneath airspace designated as spe- correct clerical and typographical errors in the map and legal description. SEC. 1405. DESIGNATION OF CEDAR MOUNTAIN cial use airspace may be controlled, restricted, WILDERNESS. or prohibited entirely. Such controls, restric- (3) The map and legal description shall be on tions, or prohibitions shall remain in force for file and available for public inspection in the of- Certain Federal lands in Tooele County, the minimum duration necessary. The Secretary fice of the Director of the Bureau of Land Man- Utah, as generally depicted on the map entitled of the Air Force shall provide advance notice of agement and the office of the State Director of ‘‘Cedar Mountain Wilderness’’, and dated May such controls, restrictions, or prohibitions to the the Bureau of Land Management in the State of 1, 2002, are hereby designated as wilderness, and Secretary of the Interior. Utah. shall be known as the Cedar Mountain Wilder- (2) Not later than 120 days after the date of (f) ADMINISTRATION.—(1) Subject to valid ex- ness Area. the enactment of this Act, the Secretary of the isting rights and this title, the areas designated DIVISION B—MILITARY CONSTRUCTION Air Force and the Secretary of Interior shall as wilderness in this title shall be administered AUTHORIZATIONS enter into a memorandum of understanding pre- by the Secretary of Interior in accordance with scribing procedures for implementing access con- the provisions of the Wilderness Act, except that SEC. 2001. SHORT TITLE. trols, restrictions, or prohibitions. Military oper- any reference in such provisions to the effective This division may be cited as the ‘‘Military ations in the Utah Test and Training Range date of the Wilderness Act (or any similar ref- Construction Authorization Act for Fiscal Year shall not be limited or restricted in any way erence) shall be deemed to be a reference to the 2003’’. date of the enactment of this Act. pending completion of the memorandum of un- TITLE XXI—ARMY derstanding. (2) Any lands or interest in lands within the SEC. 1403. DESIGNATION AND MANAGEMENT OF boundaries of an area designated as wilderness SEC. 2101. AUTHORIZED ARMY CONSTRUCTION LANDS IN UTAH TEST AND TRAINING by this title that is acquired by the United AND LAND ACQUISITION PROJECTS. RANGE. States after the date of the enactment of this (a) INSIDE THE UNITED STATES.—Using (a) DESIGNATION.—The following Federal Act shall be added to and administered as part amounts appropriated pursuant to the author- lands that are in the Utah Test and Training of the wilderness area within which the ac- ization of appropriations in section 2104(a)(1), Range are hereby designated as wilderness: quired lands or interest in lands are located. the Secretary of the Army may acquire real (1) Those lands that were managed pursuant (3) The Secretary of the Interior may offer to property and carry out military construction to the nonimpairment standard set forth in sec- acquire lands and interest in lands located projects for the installations and locations in- tion 603(c) of Public Law 94–579 (43 U.S.C. within the areas designated as wilderness by side the United States, and in the amounts, set 1782(c)) on or before January 1, 1991. this title. Such lands may be acquired at fair forth in the following table:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 H2312 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Army: Inside the United States

State Installation or location Amount

Alabama ...... Anniston Army Depot ...... $1,900,000 Fort Rucker ...... $3,050,000 Redstone Arsenal ...... $1,950,000 Alaska ...... Fort Wainwright ...... $111,010,000 Arizona ...... Fort Huachuca ...... $10,400,000 Yuma Proving Ground ...... $4,500,000 Arkansas ...... Pine Bluff Arsenal ...... $18,937,000 California ...... Monterey Defense Language Institute ...... $1,500,000 Colorado ...... Fort Carson ...... $5,350,000 District of Columbia ...... Walter Reed Army Medical Center ...... $9,950,000 Georgia ...... Fort Benning ...... $74,250,000 Fort Stewart/Hunter Army Air Field ...... $26,000,000 Hawaii ...... Schofield Barracks ...... $191,000,000 Kansas ...... Fort Leavenworth ...... $3,150,000 Fort Riley ...... $51,950,000 Kentucky ...... Blue Grass Army Depot ...... $5,500,000 Fort Campbell ...... $106,300,000 Louisiana ...... Fort Polk ...... $31,000,000 Maryland ...... Fort Detrick ...... $22,500,000 Massachusetts ...... Natick Research Development and Engineering Center ...... $4,100,000 Missouri ...... Fort Leonard Wood ...... $15,500,000 New Jersey ...... Picatinny Arsenal ...... $7,500,000 New York ...... Fort Drum ...... $18,300,000 North Carolina ...... Fort Bragg ...... $94,900,000 Pennsylvania ...... Letterkenny Army Depot ...... $1,550,000 Texas ...... Fort Bliss ...... $10,200,000 Fort Hood ...... $85,000,000 Virginia ...... Fort Lee ...... $5,200,000 Washington ...... Fort Lewis ...... $53,800,000

Total ...... $976,247,000

(b) OUTSIDE THE UNITED STATES.—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

Belgium ...... Supreme Headquarters, Allied Powers Europe ...... $13,600,000 Germany ...... Area Support Group, Bamberg ...... $17,200,000 Campbell Barracks ...... $8,300,000 Coleman Barracks ...... $1,350,000 Darmstadt ...... $3,500,000 Grafenwoehr ...... $69,866,000 Landstuhl ...... $2,400,000 Mannheim ...... $42,000,000 Schweinfurt ...... $2,000,000 Italy ...... Vicenza ...... $34,700,000 Korea ...... Camp Carroll ...... $20,000,000 Camp Castle ...... $6,800,000 Camp Hovey ...... $25,000,000 Camp Humphreys ...... $36,000,000 Camp Henry ...... $10,000,000 K16 Airfield ...... $40,000,000 Yongsan ...... $12,600,000

Total ...... $345,316,000

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(3), the Secretary of the Army 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:

Army: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ...... Unspecified Worldwide ...... $4,000,000

SEC. 2102. FAMILY HOUSING. (a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(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 ...... 38 Units ...... $17,752,000 Arizona ...... Yuma Proving Ground ...... 33 Units ...... $6,100,000 Germany ...... Stuttgart ...... 1 Unit ...... $990,000 Korea ...... Yongsan ...... 10 Units ...... $3,100,000

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2313 Army: Family Housing—Continued

State or Country Installation or location Purpose Amount

Total: ...... $27,942,000

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $15,653,000. SEC. 2103. 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 2104(a)(6)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $234,831,000. SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,935,609,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $803,247,000. (2) For military construction projects outside the United States authorized by section 2101(b), $345,316,000. (3) For military construction projects at unspecified worldwide locations authorized by section 2101(c), $4,000,000. (4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $21,550,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $158,796,000. (6) For military family housing functions: (A) For construction and acquisition, planning and design and improvement of military family housing and facilities, $278,426,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,122,274,000. (7) For the construction of phase 3 of a barracks complex, Butner Road, at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into law by Public Law 106–398; 114 Stat. 1654A–389), $50,000,000. (8) For the construction of phase 2 of a barracks complex, D Street, at Fort Richardson, Alaska, authorized by section 2101(a) of the Military Con- struction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1280), $21,000,000. (9) For the construction of phase 2 of a barracks complex, Nelson Boulevard, at Fort Carson, Colorado, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1280), as amended by section 2105 of this Act, $42,000,000. (10) For the construction of phase 2 of a basic combat trainee complex at Fort Jackson, South Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1280), as amended by section 2105 of this Act, $39,000,000. (11) For the construction of phase 2 of a barracks complex, 17th and B Streets at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1280), $50,000,000. (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 2101 of this Act may not exceed— (1) the total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a); (2) $18,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, Main Post, at Fort Benning, Georgia); (3) $100,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, Capron Avenue, at Schofield Barracks, Hawaii); (4) $50,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, Range Road, at Fort Campbell, Kentucky); and (5) $5,000,000 (the balance of the amount authorized under section 2101(a) for a military construction project at Fort Bliss, Texas). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (11) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $13,676,000, which represents the combination of savings resulting from adjust- ments to foreign currency exchange rates for military construction, military family housing construction, and military family housing support outside the United States and savings resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2002 PROJECTS. (a) MODIFICATION.—The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107- 107; 115 Stat. 1281) is amended— (1) in the item relating to Fort Carson, Colorado, by striking ‘‘$66,000,000’’ in the amount column and inserting ‘‘$67,000,000’’; and (2) in the item relating to Fort Jackson, South Carolina, by striking ‘‘$65,650,000’’ in the amount column and inserting ‘‘$68,650,000’’. (b) CONFORMING AMENDMENTS.—Section 2104(b) of that Act (115 Stat. 1284) is amended— (1) in paragraph (3), by striking ‘‘$41,000,000’’ and inserting ‘‘$42,000,000’’; and (2) in paragraph (4), by striking ‘‘$36,000,000’’ and inserting ‘‘$39,000,000’’. 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 ...... $3,000,000 California ...... Auxiliary Landing Field, San Diego (San Clemente Island) ...... $6,150,000 Marine Corps Air-Ground Combat Center, Twentynine Palms ...... $40,870,000 Marine Corps Air Station, Camp Pendleton ...... $31,930,000 Marine Corps Air Station, Miramar ...... $12,210,000 Marine Corps Base, Camp Pendleton ...... $64,040,000 Marine Corps Logistics Base, Barstow ...... $4,450,000 Naval Air Station, Lemoore ...... $35,855,000 Naval Air Warfare Center, Point Mugu, San Nicholas Island ...... $6,760,000 Naval Air Weapons Station, China Lake ...... $10,100,000 Naval Post Graduate School, Monterey ...... $9,020,000 Naval Station, San Diego ...... $12,210,000 Connecticut ...... Naval Submarine Base, New London ...... $7,880,000 District of Columbia ...... Marine Corps Barracks ...... $3,700,000 Naval District, Washington ...... $2,690,000 Florida ...... Naval Air Base, Jacksonville ...... $13,342,000 Naval Air Station, Pensacola ...... $990,000 Naval School Explosive Ordinance Detachment, Eglin ...... $6,350,000 Naval Station, Mayport ...... $1,900,000

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 H2314 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Navy: Inside the United States—Continued

State Installation or location Amount

Whiting Field ...... $1,780,000 Georgia ...... Naval Submarine Base, Kings Bay ...... $1,580,000 Hawaii ...... Naval Shipyard, Pearl Harbor ...... $18,500,000 Naval Station, Pearl Harbor ...... $14,690,000 Illinois ...... Naval Training Center, Great Lakes ...... $93,190,000 Indiana ...... Crane Naval Surface Weapons Station ...... $11,610,000 Maine ...... Naval Shipyard, Kittery-Portsmouth ...... $15,200,000 Maryland ...... Naval Air Facility, Andrews Air Force Base ...... $9,680,000 United States Naval Academy ...... $1,800,000 Mississippi ...... Naval Air Station, Meridian ...... $2,850,000 Naval Construction Battalion Center, Gulfport ...... $5,460,000 Naval Station, Pascagoula ...... $16,160,000 Nevada ...... Naval Air Station, Fallon ...... $4,010,000 New Jersey ...... Naval Weapons Center, Lakehurst ...... $5,200,000 Naval Weapons Station Earle, Colts Neck ...... $5,600,000 North Carolina ...... Marine Corps Air Station, Cherry Point ...... $10,470,000 Marine Corps Air Station, New River ...... $6,920,000 Marine Corps Base, Camp Lejeune ...... $9,570,000 Rhode Island ...... Naval Station, Newport ...... $6,870,000 South Carolina ...... Marine Corps Air Station, Beaufort ...... $13,700,000 Marine Corps Recruit Depot, Parris Island ...... $10,490,000 Naval Weapons Station, Charlestown ...... $5,740,000 Texas ...... Naval Air Station, Corpus Christi ...... $7,150,000 Naval Air Station Joint Reserve Base, Fort Worth ...... $8,850,000 Naval Air Station, Kingsville ...... $6,210,000 Virginia ...... Dam Neck Fleet Combat Training Center, Atlantic ...... $3,900,000 Little Creek Naval Amphibious Base ...... $9,770,000 Marine Corps Combat Development Command, Quantico ...... $24,864,000 Naval Air Station Oceana ...... $16,490,000 Naval Shipyard, Norfolk, Portsmouth ...... $19,660,000 Naval Station, Norfolk ...... $171,505,000 Naval Surface Warfare Center, Dahlgren ...... $15,830,000 Naval Weapons Station, Yorktown ...... $15,020,000 Washington ...... Naval Air Station, Whidbey Island ...... $17,580,000 Keyport Naval Undersea Warfare Command ...... $10,500,000 Naval Magazine, Indian Island ...... $4,030,000 Naval Station, Bremerton ...... $45,870,000 Naval Submarine Base, Bangor ...... $22,310,000 Puget Sound Naval Shipyard, Bremerton ...... $57,132,000 Strategic Weapons Facility, Bangor ...... $7,340,000 Various Locations ...... Host Nation Infrastructure ...... $1,000,000

Total ...... $1,009,528,000

(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 ...... $25,970,000 Diego Garcia ...... Diego Garcia, Naval Support Facility ...... $11,090,000 Greece ...... Naval Support Activity, Joint Headquarters Command, Larissa ...... $14,800,000 Guam ...... Commander, United States Naval Forces, Guam ...... $13,400,000 Iceland ...... Naval Air Station, Keflavik ...... $14,920,000 Italy ...... Naval Air Station, Sigonella ...... $55,660,000

Total ...... $135,840,000

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 ...... 178 Units ...... $40,981,000 Marine Corps Air-Ground Combat Center, Twentynine Palms ...... 76 Units ...... $19,425,000 Connecticut ...... Naval Submarine Base, New London ...... 100 Units ...... $24,415,000 Florida ...... Naval Station, Mayport ...... 1 Unit ...... $329,000 Hawaii ...... Marine Corps Base, Kaneohe Bay ...... 65 Units ...... $24,797,000 Maine ...... Naval Air Station, Brunswick ...... 26 Units ...... $5,800,000 Mississippi ...... Naval Air Station, Meridian ...... 56 Units ...... $9,755,000 North Carolina ...... Marine Corps Base, Camp LeJeune ...... 317 Units ...... $43,650,000 Virginia ...... Marine Corps Base, Quantico ...... 290 Units ...... $41,843,000 United Kingdom ...... Joint Maritime Facility, St. Mawgan ...... 62 Units ...... $18,524,000

Total ...... $229,519,000

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2315

(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 $11,281,000. 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 $136,816,000. SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,308,007,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $776,806,000. (2) For military construction projects outside the United States authorized by section 2201(b), $133,270,000. (3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $23,262,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $95,745,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $377,616,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $867,788,000. (6) For replacement of a pier at Naval Station, Norfolk, Virginia, authorized in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1287), as amended by section 2205 of this Act, $33,520,000. (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— (1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); (2) $48,120,000 (the balance of the amount authorized under section 2201(a) for a bachelors enlisted quarters shipboard ashore, Naval Station, Nor- folk, Virginia); and (3) $2,570,000 (the balance of the amount authorized under section 2201(b) for a quality of life support facility, Naval Air Station Sigonella, Italy). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $1,340,000, which represents the combination of savings resulting from adjust- ments to foreign currency exchange rates for military construction, military family housing construction, and military family housing support outside the United States and savings resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2002 PROJECT. (a) MODIFICATION.—The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107– 107; 115 Stat. 1286) is amended— (1) in the item relating to Naval Station, Norfolk, Virginia, by striking ‘‘$139,270,000’’ in the amount column and inserting ‘‘$139,550,000’’; and (2) by striking the amount identified as the total in the amount column and inserting ‘‘$1,059,030,000’’. (b) CONFORMING AMENDMENT.—Section 2204(b)(2) of that Act (115 Stat. 1289) is amended by striking ‘‘$33,240,000’’ and inserting ‘‘$33,520,000’’. TITLE XXIII—AIR FORCE 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 ...... $8,000,000 Alaska ...... Clear Air Station ...... $14,400,000 Eielson Air Force Base ...... $21,600,000 Arizona ...... Davis-Monthan Air Force Base ...... $19,270,000 Luke Air Force Base ...... $13,000,000 Arkansas ...... Little Rock Air Force Base ...... $25,600,000 California ...... Beale Air Force Base ...... $11,740,000 Travis Air Force Base ...... $9,600,000 Vandenberg Air Force Base ...... $10,500,000 Colorado ...... Buckley Air National Guard Base ...... $17,700,000 Peterson Air Force Base ...... $2,000,000 Schriever Air Force Base ...... $5,700,000 United States Air Force Academy ...... $9,400,000 District of Columbia ...... Bolling Air Force Base ...... $1,500,000 Florida ...... Elgin Air Force Base ...... $4,250,000 Hurlburt Field ...... $15,000,000 McDill Air Force Base ...... $21,000,000 Tyndall Air Force Base ...... $8,100,000 Georgia ...... Robins Air Force Base ...... $5,400,000 Hawaii ...... Hickam Air Force Base ...... $1,350,000 Kansas ...... McConnell Air Force Base ...... $7,500,000 Louisiana ...... Barksdale Air Force Base ...... $10,900,000 Maryland ...... Andrews Air Force Base ...... $9,600,000 Massachusetts ...... Hanscom Air Force Base ...... $7,700,000 Mississippi ...... Keesler Air Force Base ...... $22,000,000 Nevada ...... Nellis Air Force Base ...... $37,350,000 New Jersey ...... McGuire Air Force Base ...... $24,631,000 New Mexico ...... Cannon Air Force Base ...... $4,650,000 Holloman Air Force Base ...... $4,650,000 Kirtland Air Force Base ...... $21,900,000 North Carolina ...... Pope Air Force Base ...... $9,700,000 Ohio ...... Wright-Patterson Air Force Base ...... $25,000,000 Oklahoma ...... Tinker Air Force Base ...... $7,500,000 South Carolina ...... Shaw Air Force Base ...... $6,800,000 Texas ...... Lackland Air Force Base ...... $37,300,000 Laughlin Air Force Base ...... $8,000,000 Sheppard Air Force Base ...... $24,000,000 Utah ...... Hill Air Force Base ...... $14,500,000 Virginia ...... Langley Air Force Base ...... $71,940,000

Total ...... $580,731,000

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 H2316 CONGRESSIONAL RECORD — HOUSE May 9, 2002

(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

Diego Garcia ...... Diego Garcia ...... $17,100,000 Germany ...... Ramstein Air Force Base ...... $71,783,000 Guam ...... Andersen Air Force Base ...... $31,000,000 Italy ...... Aviano Air Force Base ...... $6,600,000 Japan ...... Kadena Air Force Base ...... $6,000,000 Korea ...... Osan Air Base ...... $15,100,000 Spain ...... Naval Station, Rota ...... $31,818,000 Turkey ...... Incirlik Air Force Base ...... $1,550,000 United Kingdom ...... Royal Air Force, Fairford ...... $19,000,000 Royal Air Force, Lakenheath ...... $13,400,000 Wake Island ...... Wake Island ...... $24,900,000

Total ...... $238,251,000

(c) UNSPECIFIED WORLDWIDE.—Using the 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 Amount

Unspecified Worldwide ...... Classified Location ...... $32,562,000

Total ...... $32,562,000

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:

Air Force: Family Housing

State or Country Installation or location Purpose Amount

Arizona ...... Luke Air Force Base ...... 140 Units ...... $18,954,000 California ...... Travis Air Force Base ...... 110 Units ...... $24,320,000 Colorado ...... Peterson Air Force Base ...... 2 Units ...... $959,000 United States Air Force Academy ...... 71 Units ...... $12,424,000 Delaware ...... Dover Air Force Base ...... 112 Units ...... $19,615,000 Florida ...... Eglin Air Force Base ...... Housing Office .. $597,000 Eglin Air Force Base ...... 134 Units ...... $15,906,000 MacDill Air Force Base ...... 96 Units ...... $18,086,000 Hawaii ...... Hickam Air Force Base ...... 96 Units ...... $29,050,000 Idaho ...... Mountain Home Air Force Base ...... 95 Units ...... $24,392,000 Kansas ...... McConnell Air Force Base ...... Housing Mainte- nance Facility $1,514,000 Maryland ...... Andrews Air Force Base ...... 53 Units ...... $9,838,000 Andrews Air Force Base ...... 52 Units ...... $8,807,000 Mississippi ...... Columbus Air Force Base ...... Housing Office .. $412,000 Keesler Air Force Base ...... 117 Units ...... $16,505,000 Missouri ...... Whiteman Air Force Base ...... 97 Units ...... $17,107,000 Montana ...... Malmstrom Air Force Base ...... 18 Units ...... $4,717,000 New Mexico ...... Holloman Air Force Base ...... 101 Units ...... $20,161,000 North Carolina ...... Pope Air Force Base ...... Housing Mainte- nance Facility $991,000 Seymour Johnson Air Force Base ...... 126 Units ...... $18,615,000 North Dakota ...... Grand Forks Air Force Base ...... 150 Units ...... $30,140,000 Minot Air Force Base ...... 112 Units ...... $21,428,000 Minot Air Force Base ...... 102 Units ...... $20,315,000 Oklahoma ...... Vance Air Force Base ...... 59 Units ...... $11,423,000 South Dakota ...... Ellsworth Air Force Base ...... Housing Mainte- nance Facility $447,000 Ellsworth Air Force Base ...... 22 Units ...... $4,794,000 Texas ...... Dyess Air Force Base ...... 85 Units ...... $14,824,000 Randolph Air Force Base ...... Housing Mainte- nance Facility $447,000 Randolph Air Force Base ...... 112 Units ...... $14,311,000 Virginia ...... Langley Air Force Base ...... Housing Office .. $1,193,000 Germany ...... Ramstein Air Force Base ...... 19 Units ...... $8,534,000 Korea ...... Osan Air Base ...... 113 Units ...... $35,705,000 Osan Air Base ...... Housing Supply Warehouse ..... $834,000 United Kingdom ...... Royal Air Force, Lakenheath ...... Housing Office and Mainte- nance Facility $2,203,000

Total ...... $429,568,000

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2317

(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 $34,188,000. 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 $217,286,000. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,495,094,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $580,731,000. (2) For military construction projects outside the United States authorized by section 2301(b), $238,251,000. (3) For the military construction projects at unspecified worldwide locations authorized by section 2301(c), $32,562,000. (4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $11,500,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $76,958,000. (6) For military housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $681,042,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $874,050,000. (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 2301 of this Act may not exceed the total amount authorized to be appropriated under paragraphs (1), (2) and (3) of subsection (a). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $10,281,000, which represents the combination of savings resulting from adjust- ments to foreign currency exchange rates for military construction, military family housing construction, and military family housing support outside the United States and savings resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. 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 2404(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

Missile Defense Agency ...... Kauai, Hawaii ...... $23,400,000 Defense Intelligence Agency ...... Bolling Air Force Base, District of Columbia ...... $121,958,000 Defense Logistics Agency ...... Columbus, Ohio ...... $5,021,000 Defense Supply Center, Richmond, Virginia ...... $5,500,000 Naval Air Station, New Orleans, Louisiana ...... $9,500,000 Travis Air Force Base, California ...... $16,000,000 Defense Threat Reduction Agency ...... Fort Belvoir, Virginia ...... $76,388,000 Department of Defense Dependents Schools ...... Fort Bragg, North Carolina ...... $2,036,000 Fort Jackson, South Carolina ...... $2,506,000 Marine Corps Base, Camp Lejeune, North Carolina ...... $12,138,000 Marine Corps Base, Quantico, Virginia ...... $1,418,000 United States Military Academy, West Point, New York ...... $4,347,000 Fort Meade, Maryland ...... $4,484,000 Joint Chiefs of Staff ...... Peterson Air Force Base, Colorado ...... $18,400,000 National Security Agency ...... Fort Bragg, North Carolina ...... $30,800,000 Special Operations Command ...... Hurlburt Field, Florida ...... $11,100,000 Naval Amphibious Base, Little Creek, Virginia ...... $14,300,000 TRICARE Management Activity ...... Elmendorf Air Force Base, Alaska ...... $10,400,000 Hickam Air Force Base, Hawaii ...... $2,700,000

Total ...... $372,396,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2404(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 Logistics Agency ...... Andersen Air Force Base, Guam ...... $17,586,000 Naval Forces Marianas Islands, Guam ...... $6,000,000 Naval Station, Rota, Spain ...... $23,400,000 Royal Air Force, Fairford, United Kingdom ...... $17,000,000 Yokota Air Base, Japan ...... $23,000,000 Department of Defense Dependents Schools ...... Kaiserslautern, Germany ...... $957,000 Lajes Field, Azores, Portugal ...... $1,192,000 Seoul, Korea ...... $31,683,000 Supreme Headquarters, Allied Powers Europe, Belgium ...... $1,573,000 Spangdahlem Air Base, Germany ...... $997,000 Vicenza, Italy ...... $2,117,000 TRICARE Management Activity ...... Naval Support Activity, Naples, Italy ...... $41,449,000 Spangdahlem Air Base, Germany ...... $39,629,000

Total ...... $206,583,000

SEC. 2402. 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 2404(a)(8)(A), the Secretary of Defense may improve existing military family housing units in an amount not to exceed $5,530,000. SEC. 2403. ENERGY CONSERVATION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(4), the Secretary of Defense may carry out energy conservation projects under section 2865 of title 10, United States Code, in the amount of $49,531,000.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 H2318 CONGRESSIONAL RECORD — HOUSE May 9, 2002 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. (a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $1,417,779,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $335,796,000. (2) For military construction projects outside the United States authorized by section 2401(b), $206,583,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $16,293,000. (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $45,432,000. (6) For energy conservation projects authorized by section 2403 of this Act, $49,531,000. (7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), $545,138,000. (8) For military family housing functions: (A) For improvement of military family housing and facilities, $5,480,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $42,432,000. (C) For credit to the Department of Defense Housing Improvement Fund established by section 2883(a) of title 10, United States Code, as amended by section 2801 of this Act, $2,000,000. (9) For payment of a claim against the Hospital Replacement project at Elmendorf Air Force Base, Alaska, $10,400,000. (10) For the construction of phase 4 of an ammunition demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839) and section 2407 of this Act, $38,000,000. (11) For the construction of phase 5 of an ammunition demilitarization facility at Newport Army Depot, Indiana, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 2193), as amended by section 2406 of this Act, $61,494,000. (12) For the construction of phase 5 of an ammunition demilitarization facility at Aberdeen Proving Ground, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 2193), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1299), $30,600,000. (13) For the construction of phase 3 of an ammunition demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) and section 2405 of this Act, $10,300,000. (14) For the construction of phase 3 of an ammunition demilitarization support facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), $8,300,000. (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 2401 of this Act may not exceed— (1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); and (2) $26,200,000 (the balance of the amount authorized under section 2401(a) for the construction of the Defense Threat Reduction Center, Fort Belvoir, Virginia). (c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (14) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $42,833,000, which represents the combination of savings resulting from adjust- ments to foreign currency exchange rates for military construction, military family housing construction, and military family housing support outside the United States and savings resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2000 PROJECT. (a) MODIFICATION.—The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107– 107; 115 Stat. 1298), is further amended— (1) under the agency heading relating to Chemical Demilitarization, in the item relating to Blue Grass Army Depot, Kentucky, by striking ‘‘$254,030,000’’ in the amount column and inserting ‘‘$290,325,000’’; and (2) by striking the amount identified as the total in the amount column and inserting ‘‘$748,245,000’’. (b) CONFORMING AMENDMENT.—Section 2405(b)(3) of that Act (113 Stat. 839), as so amended, is further amended by striking ‘‘$231,230,000’’ and insert- ing ‘‘$267,525,000’’. SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1999 PROJECT. (a) MODIFICATION.—The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105– 261; 112 Stat. 2193), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107– 107; 115 Stat. 1299), is amended— (1) under the agency heading relating to Chemical Demilitarization, in the item relating to Newport Army Depot, Indiana, by striking ‘‘$191,550,000’’ in the amount column and inserting ‘‘$293,853,000’’; and (2) by striking the amount identified as the total in the amount column and inserting ‘‘$829,919,000’’. (b) CONFORMING AMENDMENT.—Section 2404(b)(2) of that Act (112 Stat. 2196) is amended by striking ‘‘$162,050,000’’ and inserting ‘‘$264,353,000’’. SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1997 PROJECT. (a) MODIFICATION.—The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104– 201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 65; 113 Stat. 839), is further amended— (1) under the agency heading relating to Chemical Demilitarization Program, in the item relating to Pueblo Chemical Activity, Colorado, by striking ‘‘$203,500,000’’ in the amount column and inserting ‘‘$261,000,000’’; and (2) by striking the amount identified as the total in the amount column and inserting ‘‘$607,454,000’’. (b) CONFORMING AMENDMENT.—Section 2406(b)(2) of that Act (110 Stat. 2779), as so amended, is further amended by striking ‘‘$203,500,000’’ and inserting ‘‘$261,000,000’’. TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2002, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment program authorized by section 2501, in the amount of $168,200,000. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) IN GENERAL.—There are authorized to be appropriated for fiscal years beginning after September 30, 2002, for the costs of acquisition, architec- tural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions there for, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), the following amounts: (1) For the Department of the Army— (A) for the Army National Guard of the United States, $170,793,000; and

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 8633 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2319 (B) for the Army Reserve, $86,789,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $66,971,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $119,266,000; and (B) for the Air Force Reserve, $68,576,000. TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW. (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Orga- nization Security Investment program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2005; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2006. (b) EXCEPTION.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects, and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) for which appropriated funds have been obligated before the later of— (1) October 1, 2005; or (2) the date of the enactment of an Act authorized funds for fiscal year 2005 for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program. SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2000 PROJECTS. (a) EXTENSION OF CERTAIN PROJECTS.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 841), authorizations set forth in the tables in subsection (b), as provided in section 2302 or 2601 of that Act, shall remain in effect until October 1, 2003, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2004, whichever is later. (b) TABLES.—The tables referred to in subsection (a) are 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 Com- plex–Heavy ..... $13,500,000

(c) EXTENSION OF ADDITIONAL PROJECT.—Notwithstanding any other provision of law, the authorization set forth in the table in subsection (d), as provided in section 8160 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1274), shall remain in effect until October 1, 2003, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2004, whichever is later. (d) TABLE FOR EXTENSION OF ADDITIONAL PROJECT.—The table referred to in subsection (c) is as follows:

Army National Guard: Extension of 2000 Project Authorization

State Installation or location Project Amount

Pennsylvania ...... Connellsville ...... Readiness Center $1,700,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1999 PROJECTS. (a) EXTENSION.—Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105– 261; 112 Stat. 2199), authorizations set forth in the table in subsection (b), as provided in section 2302 of that Act and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1301), shall remain in effect until October 1, 2003, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2004, whichever is later. (b) TABLE.—The table referred to in subsection (a) is as follows:

Air Force: Extension of 1999 Project Authorizations

State Installation or location Project Amount

Delaware ...... Dover Air Force Base ...... Replace Family Housing (55 Units) ...... $8,988,000 Florida ...... Patrick Air Force Base ...... Replace Family Housing (46 Units) ...... $9,692,000 New Mexico ...... Kirtland Air Force Base ...... Replace Family Housing (37 Units) ...... $6,400,000 Ohio ...... Wright-Patterson Air Force Base ...... Replace Family Housing (40 Units) ...... $5,600,000

SEC. 2704. EFFECTIVE DATE. TITLE XXVIII—GENERAL PROVISIONS is amended by adding at the end the following new paragraphs: Titles XXI, XXII, XXIII, XXIV, XXV, and Subtitle A—Military Construction Program ‘‘(11) Firefighting and fire protection services. XXVI of this Act shall take effect on the later and Military Family Housing Changes ‘‘(12) Police protection services.’’. of— SEC. 2801. CHANGES TO ALTERNATIVE AUTHOR- (b) LEASING OF HOUSING.—Subsection (a) of (1) October 1, 2002; or ITY FOR ACQUISITION AND IM- section 2874 of such title is amended to read as PROVEMENT OF MILITARY HOUSING. (2) the date of the enactment of this Act. follows: (a) AUTHORIZED UTILITIES AND SERVICES.— ‘‘(a) LEASE AUTHORIZED.—(1) The Secretary Section 2872a(b) of title 10, United States Code, concerned may enter into contracts for the lease

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.028 pfrm15 PsN: H09PT1 H2320 CONGRESSIONAL RECORD — HOUSE May 9, 2002 of housing units that the Secretary determines (2) Amounts transferred to the Department of ‘‘(3) In addition to the 450 units of family are suitable for use as military family housing Defense Housing Improvement Fund under housing referred to in paragraph (1) for which or military unaccompanied housing. paragraph (1) shall be merged with amounts in the maximum lease amount is $25,000 per unit ‘‘(2) The Secretary concerned shall utilize that Fund, and shall be available for the same per year, the Secretary of the Army may lease in housing units leased under paragraph (1) as purposes, and subject to the same conditions Korea— military family housing or military unaccom- and limitations, as other amounts in that Fund. ‘‘(A) not more than 1,175 units of family hous- panied housing, as appropriate.’’. (g) CONFORMING AMENDMENTS.—(1) Para- ing subject to that maximum lease amount; and (c) REPEAL OF INTERIM LEASE AUTHORITY.— graph (3) of section 2814(i) of such title is ‘‘(B) not more than 2,400 units of family hous- Section 2879 of such title is repealed. amended— ing subject to a maximum lease amount of (d) SPACE LIMITATIONS BY PAY GRADE.—Sec- (A) by striking subparagraph (A) and insert- $35,000 per unit per year.’’. tion 2880(b)(2) of such title is amended by strik- ing the following new subparagraph (A): Subtitle B—Real Property and Facilities ing ‘‘unless the unit is located on a military in- ‘‘(A) The Secretary may transfer funds from Administration stallation’’. the Ford Island Improvement Account to the SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES (e) DEPARTMENT OF DEFENSE HOUSING Department of Defense Housing Improvement TO LIMIT ENCROACHMENTS AND FUND.—(1) Section 2883 of such title is amended Fund established by section 2883(a) of this OTHER CONSTRAINTS ON MILITARY by striking subsections (a), (b), and (c) inserting title.’’; and TRAINING, TESTING, AND OPER- the following new subsections (a) and (b): (B) in subparagraph (B), by striking ‘‘a fund’’ ATIONS. ‘‘(a) ESTABLISHMENT.—There is hereby estab- and inserting ‘‘the Fund’’. (a) IN GENERAL.—Chapter 159 of title 10, lished on the books of the Treasury an account (2) Section 2871(6) of such title is amended by United States Code, is amended by inserting to be known as the Department of Defense striking ‘‘Department of Defense Family Hous- after section 2684 the following new section: Housing Improvement Fund (in this section re- ing Improvement Fund or the Department of De- ‘‘§ 2684a. Agreements to limit encroachments ferred to as the ‘Fund’). fense Military Unaccompanied Housing Im- and other constraints on military training, ‘‘(b) CREDITS TO FUND.—There shall be cred- provement Fund’’ and inserting ‘‘Department of testing, and operations ited to the Fund the following: Defense Housing Improvement Fund’’. ‘‘(a) AGREEMENTS AUTHORIZED.—The Sec- ‘‘(1) Amounts authorized for and appropriated (3) Section 2875(e) of such title is amended by retary of a military department may enter into to the Fund. striking ‘‘Department of Defense Family Hous- an agreement with a private entity described in ‘‘(2) Subject to subsection (e), any amounts ing Improvement Fund or the Department of De- subsection (b) to address the use or development that the Secretary of Defense transfers, in such fense Military Unaccompanied Housing Im- of real property in the vicinity of a military in- amounts as are provided for in appropriation provement Fund’’ and inserting ‘‘Department of stallation for purposes of— Acts, to the Fund from amounts authorized and Defense Housing Improvement Fund’’. ‘‘(1) limiting any development or use of the appropriated to the Department of Defense for (h) CLERICAL AMENDMENTS.—(1) The section property that would otherwise be incompatible the acquisition or construction of military fam- heading for section 2874 of such title is amended with the mission of the installation; or ily housing or military unaccompanied housing. to read as follows: ‘‘(2) preserving habitat on the property in a ‘‘(3) Proceeds from the conveyance or lease of ‘‘§ 2874. Leasing of housing’’. manner that is compatible with both— property or facilities under section 2878 of this (2) The section heading for section 2883 of ‘‘(A) current or anticipated environmental re- title for the purpose of carrying out activities such title is amended to read as follows: strictions that would or might otherwise restrict, under this subchapter with respect to military impede, or otherwise interfere, whether directly family housing or military unaccompanied ‘‘§ 2883. Department of Defense Housing Im- provement Fund’’. or indirectly, with current or anticipated mili- housing. tary training, testing, or operations on the in- ‘‘(4) Income derived from any activities under (3) The table of sections at the beginning sub- stallation; and this subchapter with respect to military family chapter IV of chapter 169 of such title is amend- ‘‘(B) current or anticipated military training, housing or military unaccompanied housing, in- ed— testing, or operations on the installation. come and gains realized from investments under (A) by striking the item relating to section ‘‘(b) COVERED PRIVATE ENTITIES.—A private section 2875 of this title, and any return of cap- 2874 and inserting the following new item: entity referred to in subsection (a) is any private ital invested as part of such investments. ‘‘2874. Leasing of housing.’’; entity that has as its stated principal organiza- ‘‘(5) Any amounts that the Secretary of the (B) by striking the item relating to section tional purpose or goal the conservation, restora- Navy transfers to the Fund pursuant to section 2879; and tion, or preservation of land and natural re- 2814(i)(3) of this title, subject to the restrictions (C) by striking the item relating to section 2883 sources, or a similar purpose or goal, as deter- on the use of the transferred amounts specified and inserting the following new item: mined by the Secretary concerned. in that section.’’. ‘‘2883. Department of Defense Housing Improve- ‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT (2) Such section is further amended— ment Fund.’’. REQUIREMENTS.—Chapter 63 of title 31 shall not (A) by redesignating subsections (d) through SEC. 2802. MODIFICATION OF AUTHORITY TO apply to any agreement entered into under this (g) as (c) through (f), respectively; CARRY OUT CONSTRUCTION section. (B) in subsection (c), as so redesignated— PROJECTS AS PART OF ENVIRON- ‘‘(d) ACQUISITION AND ACCEPTANCE OF PROP- (i) in the subsection heading, by striking MENTAL RESPONSE ACTION. ERTY AND INTERESTS.—(1) An agreement with a ‘‘FUNDS’’ and inserting ‘‘FUND’’; (a) AUTHORITY TO CARRY OUT UNAUTHORIZED private entity under this section— (ii) in paragraph (1)— PROJECTS.—Subsection (a) of section 2810 of title ‘‘(A) may provide for the private entity to ac- (I) by striking ‘‘subsection (e)’’ and inserting 10, United States Code, is amended to read as quire all right, title, and interest in and to any ‘‘subsection (d)’’; and follows: real property, or any lesser interest in the prop- (II) by striking ‘‘Department of Defense Fam- ‘‘(a) AUTHORITY TO CARRY OUT UNAUTHOR- erty, as may be appropriate for purposes of this ily Housing Improvement Fund’’ and inserting IZED CONSTRUCTION PROJECTS.—The Secretary section; and ‘‘Fund’’; concerned may carry out a military construction ‘‘(B) shall provide for the private entity to (iii) by striking paragraph (2); and project not otherwise authorized by law if the transfer to the United States, upon the request (iv) by redesignating paragraph (3) as para- Secretary determines that the project is nec- of the United States, any property or interest so graph (2); essary to carry out a response under chapter 160 acquired. (C) in subsection (d), as so redesignated, by of this title or the Comprehensive Environmental ‘‘(2) Property or interests may not be acquired striking ‘‘required to be used to satisfy the obli- Response, Compensation, and Liability Act of pursuant to an agreement under this section un- gation’’; 1980 (42 U.S.C. 9601 et seq.).’’. less the owner of the property or interests, as (D) in subsection (e), as so redesignated, by (b) CONGRESSIONAL NOTIFICATION.—Sub- the case may be, consents to the acquisition. striking ‘‘a Fund under paragraph (1)(B) or section (b) of such section is amended by strik- ‘‘(3) An agreement under this section pro- (2)(B) of subsection (c)’’ and inserting ‘‘the ing ‘‘(1)’’ and the first sentence and inserting viding for the acquisition of property or inter- Fund under subsection (b)(2)’’; and ‘‘CONGRESSIONAL NOTIFICATION.—(1) When a ests under paragraph (1)(A) shall provide for (E) in subsection (f), as so redesignated— decision is made to carry out a military con- the sharing by the United States and the private (i) in paragraph (1), by striking ‘‘$850,000,000’’ struction project under this section that exceeds entity concerned of the costs of the acquisition and inserting ‘‘$1,700,000,000’’; and the amount specified in section 2805(b)(1) of this of the property or interests. (ii) in paragraph (2), by striking title, the Secretary concerned shall submit a re- ‘‘(4) The Secretary concerned shall identify ‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’. port in writing to the appropriate committees of any property or interests to be acquired pursu- (f) TRANSFER OF UNOBLIGATED AMOUNTS.—(1) Congress on that decision.’’. ant to an agreement under this section. The The Secretary of Defense shall transfer to the (c) DEFINITION.—Subsection (c) of such sec- property or interests shall be limited to the min- Department of Defense Housing Improvement tion is amended— imum property or interests necessary to ensure Fund established under section 2883(a) of title (1) by inserting ‘‘RESPONSE DEFINED.—’’ after that the property concerned is developed and 10, United States Code (as amended by sub- ‘‘(c)’’; and used in a manner appropriate for purposes of section (e)), any amounts in the Department of (2) by striking ‘‘action’’. this section. Defense Family Housing Improvement Fund and SEC. 2803. LEASING OF MILITARY FAMILY HOUS- ‘‘(5) Notwithstanding any other provision of the Department of Defense Military Unaccom- ING IN KOREA. law, the Secretary concerned may accept on be- panied Housing Improvement that remain avail- Paragraph (3) of section 2828(e) of title 10, half of the United States any property or inter- able for obligation as of the date of the enact- United States Code, is amended to read as fol- est to be transferred to the United States under ment of this Act. lows: paragraph (1)(B).

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.029 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2321 ‘‘(6) The Secretary concerned may, for pur- used or maintained for such purpose, then, at ‘‘(C) The Defense Base Closure and Realign- poses of the acceptance of property or interests the option of the Secretary, all or any portion of ment Act of 1990 (part A of title XXIX of Public under this subsection, accept an appraisal or the property shall revert to the United States. Law 101–510; 10 U.S.C. 2687 note). title documents prepared or adopted by a non- ‘‘(2) The deed of conveyance may permit the ‘‘(D) Any other similar authority for the clo- Federal entity as satisfying the applicable re- recipient of the property— sure or realignment of military installations that quirements of section 301 of the Uniform Reloca- ‘‘(A) to convey the property to another eligible is enacted after the date of the enactment of the tion Assistance and Real Property Acquisition entity described in subsection (b), subject to the National Defense Authorization Act for Fiscal Policies Act of 1970 (42 U.S.C. 4651) or section approval of the Secretary of the military depart- Year 2003.’’. 355 of the Revised Statutes (40 U.S.C. 255) if the ment that made the conveyance and subject to (2) The table of sections at the beginning of Secretary finds that the appraisal or title docu- the same covenants and terms and conditions as such chapter is amended by inserting after the ments substantially comply with the require- provided in the deed from the United States; item relating to section 2694 the following new ments. and item: ‘‘(B) to conduct incidental revenue-producing ‘‘(e) ADDITIONAL TERMS AND CONDITIONS.— ‘‘2694a. Conveyance of surplus real property for The Secretary concerned may require such addi- activities on the property that are compatible with the use of the property for conservation natural resource conservation.’’. tional terms and conditions in an agreement (b) ACCEPTANCE OF FUNDS TO COVER ADMINIS- under this section as the Secretary considers ap- purposes. ‘‘(3) The deed of conveyance may contain TRATIVE EXPENSES.—Section 2695(b) of such title propriate to protect the interests of the United such additional terms, reservations, restrictions, is amended by adding at the end the following States. and conditions as the Secretary of the military new paragraph: ‘‘(f) FUNDING.—(1) Except as provided in department considers appropriate to protect the ‘‘(5) The conveyance of real property under paragraph (2), funds authorized to be appro- interests of the United States. section 2694a of this title.’’. priated for operation and maintenance of the ‘‘(d) RELEASE OF COVENANTS.—The Secretary (c) AGREEMENTS WITH NONPROFIT NATURAL Army, Navy, Marine Corps, Air Force, or De- of the military department that conveys real RESOURCE CONSERVATION ORGANIZATIONS.—Sec- fense-wide activities, including funds author- property under subsection (a), with the concur- tion 2701(d) of such title is amended— ized to be appropriated for the Legacy Resources rence of the Secretary of Interior, may grant a (1) in paragraph (1), by striking ‘‘with any Management Program, may be used to enter into release from a covenant included in the deed of State or local government agency, or with any agreements under this section. conveyance of the property under subsection (c) Indian tribe,’’ and inserting ‘‘any State or local ‘‘(2) In the case of a military installation op- on the condition that the recipient of the prop- government agency, any Indian tribe, or any erated primarily with funds authorized to be ap- erty pay the fair market value, as determined by nonprofit conservation organization’’; and propriated for research, development, test, and the Secretary of the military department, of the (2) by striking paragraph (3) and inserting the evaluation, funds authorized to be appropriated property at the time of the release of the cov- following new paragraph: for the Army, Navy, Marine Corps, Air Force, or enant. The Secretary of the military department ‘‘(3) DEFINITIONS.—In this subsection: Defense-wide activities for research, develop- may reduce the amount required to be paid ‘‘(A) The term ‘Indian tribe’ has the meaning ment, test, and evaluation may be used to enter under this subsection to account for the value of given such term in section 101(36) of Comprehen- into agreements under this section with respect the natural resource conservation benefit that sive Environmental Response, Compensation, to the installation.’’. has accrued to the United States during the pe- and Liability Act of 1980 (42 U.S.C. 9601(36)). (b) CLERICAL AMENDMENT.—The table of sec- riod the covenant was in effect, if the benefit ‘‘(B) The term ‘nonprofit conservation organi- tions at the beginning of such chapter is amend- was not taken into account in determining the zation’ means any non-governmental nonprofit ed by inserting after the item relating to section original consideration for the conveyance. organization whose primary purpose is con- 2684 the following new item: ‘‘(e) LIMITATIONS.—A conveyance under sub- servation of open space or natural resources.’’. ‘‘2684a. Agreements to limit encroachments and section (a) shall not be used in settlement of any SEC. 2813. NATIONAL EMERGENCY EXEMPTION other constraints on military litigation, dispute, or claim against the United FROM SCREENING AND OTHER RE- training, testing, and oper- States, or as a condition of allowing any defense QUIREMENTS OF MCKINNEY-VENTO ations.’’. activity under any Federal, State, or local per- HOMELESS ASSISTANCE ACT FOR PROPERTY USED IN SUPPORT OF RE- SEC. 2812. CONVEYANCE OF SURPLUS REAL mitting or review process. The Secretary of a SPONSE ACTIVITIES. PROPERTY FOR NATURAL RESOURCE military department may make a conveyance Section 501 of the McKinney-Vento Homeless CONSERVATION PURPOSES. under subsection (a), with the restrictions speci- Assistance Act (42 U.S.C. 11411) is amended— (a) CONVEYANCE AUTHORITY.—(1) Chapter 159 fied in subsection (c), to establish a mitigation (1) by redesignating subsection (i) as sub- of title 10, United States Code, is amended by in- bank, but only if the establishment of the miti- section (j); and serting after section 2694 the following new sec- gation bank does not occur in order to satisfy (2) by inserting after subsection (h) the fol- tion: any condition for permitting military activity lowing new subsection (i): ‘‘§ 2694a. Conveyance of surplus real property under a Federal, State, or local permitting or re- ‘‘(i) APPLICABILITY TO CERTAIN PROPERTY for natural resource conservation view process. DURING EMERGENCIES.—The screening require- ‘‘(f) CONSIDERATION.—In fixing the consider- ‘‘(a) AUTHORITY TO CONVEY.—The Secretary ments and other provisions of this section shall ation for the conveyance of real property under of a military department may convey to an eligi- not apply to any property that is excess prop- subsection (a) or in determining the amount of ble recipient described in subsection (b) any sur- erty or surplus property or that is described as any reduction of the amount to be paid for the plus real property that— unutilized or underutilized property if the prop- release of a covenant under subsection (d), the ‘‘(1) is under the administrative control of the erty is subject to a request for conveyance or use Secretary of the military department concerned Secretary; for the purpose of directly supporting activities shall take into consideration any benefit that ‘‘(2) is suitable and desirable for conservation in response to— has accrued or may accrue to the United States purposes; ‘‘(1) a war or national emergency declared in ‘‘(3) has been made available for public ben- from the use of such property for the conserva- accordance with the National Emergencies Act efit transfer for a sufficient period of time to po- tion of natural resources. (50 U.S.C. 1601 et seq.); or ‘‘(g) RELATION TO OTHER CONVEYANCE AU- tential claimants; and ‘‘(2) an emergency or major disaster declared THORITIES.—(1) The Secretary of a military de- ‘‘(4) is not subject to a pending request for in accordance with the Robert T. Stafford Dis- partment may not make a conveyance under transfer to another Federal agency or for con- aster Relief and Emergency Assistance Act (42 this section of any real property to be disposed veyance to any other qualified recipient for pub- U.S.C. 5121 et seq.).’’. of under a base closure law in a manner that is lic benefit transfer under the real property dis- inconsistent with the requirements and condi- SEC. 2814. DEMONSTRATION PROGRAM ON RE- posal processes and authorities established pur- DUCTION IN LONG-TERM FACILITY tions of the base closure law. MAINTENANCE COSTS. suant to the Federal Property and Administra- ‘‘(2) In the case of real property on Guam, the (a) PROGRAM AUTHORIZED.—The Secretary of tive Services Act of 1949 (40 U.S.C. 471, et seq.). Secretary of a military department may not Defense may conduct a demonstration program ‘‘(b) ELIGIBLE RECIPIENTS.—The conveyance make a conveyance under this section unless the to assess the feasibility and desirability of in- of surplus real property under subsection (a) Government of Guam has been first afforded the cluding facility maintenance requirements in may be made to any of the following: opportunity to acquire the real property as au- ‘‘(A) A State or political subdivision of a construction contracts for military construction thorized by section 1 of Public Law 106–504 (114 State. projects for the purpose of determining whether Stat. 2309). ‘‘(B) A nonprofit organization that exists for ‘‘(h) DEFINITIONS.—In this section: such requirements facilitate reductions in the the primary purpose of conservation of natural ‘‘(1) The term ‘State’ includes the District of long-term facility maintenance costs of the mili- resources on real property. Columbia, the Commonwealth of Puerto Rico, tary departments. ‘‘(c) REVISIONARY INTEREST AND OTHER DEED the Commonwealth of the Northern Marianas, (b) CONTRACTS.—Not more than 12 contracts REQUIREMENTS.—(1) The deed of conveyance of and the territories and possessions of the United may contain requirements referred to in sub- any surplus real property conveyed under sub- States. section (a) for the purpose of the demonstration section (a) disposed of under this subsection ‘‘(2) The term ‘base closure law’ means the fol- program under this section. The demonstration shall require the property to be used and main- lowing: program may only cover contracts entered into tained for the conservation of natural resources ‘‘(A) Section 2687 of this title. on or after the date of the enactment of this Act. in perpetuity. If the Secretary of the military ‘‘(B) Title II of the Defense Authorization (c) EFFECTIVE PERIOD OF REQUIREMENTS.— department that made the conveyance deter- Amendments and Base Closure and Realignment The effective period of a requirement referred to mines at any time that the property is not being Act of 1988 (10 U.S.C. 2687 note). in subsection (a) that is included in a contract

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00085 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.029 pfrm15 PsN: H09PT1 H2322 CONGRESSIONAL RECORD — HOUSE May 9, 2002

for the purpose of the demonstration program tional Interest Lands Conservation Act (Public (c) ADDITIONAL TERMS AND CONDITIONS.—The under this program may not exceed five years. Law 96–487; 16 U.S.C. 668dd note); Secretary may require such additional terms (d) REPORTING REQUIREMENTS.—Not later (3) is excess to the needs of the Alaska Na- and conditions in connection with the convey- than January 31, 2005, the Secretary of Defense tional Guard and the Department of Defense; ance under subsection (a) as the Secretary con- shall submit to Congress a report on the dem- and siders appropriate to protect the interests of the onstration program authorized by this section (4) the Secretary determines that— United States. and the related Department of the Army dem- (A) the anticipated cost to the United States SEC. 2824. LAND CONVEYANCE, FORT BLISS, onstration program authorized by section 2814 of of retaining the property exceeds the value of TEXAS the Military Construction Authorization Act for such property; or (a) CONVEYANCE AUTHORIZED.—The Secretary Fiscal Year 2002 (division B of Public Law 107– (B) the condition of the property makes it un- of the Army may convey, without consideration, 107; 115 Stat. 1310; 10 U.S.C. 2809 note), includ- suitable for retention by the United States. to the County of El Paso, Texas (in this section ing the following: (d) CONSIDERATION.—The conveyance of real referred to as the ‘‘County’’), all right, title, and (1) A description of all contracts entered into property under this section shall, at the election interest of the United States in and to a parcel under the demonstration programs. of the Secretary, be for no consideration or for of real property, including improvements there- (2) An evaluation of the demonstration pro- consideration in an amount determined by the on, consisting of approximately 44 acres at Fort grams and a description of the experience of the Secretary to be appropriate under the cir- Bliss, Texas, for the purpose of facilitating the Secretary of Defense and the Secretary of the cumstances. construction by the State of Texas of a nursing Army respect to such contracts. (e) USE OF CONSIDERATION.—If consideration home for veterans of the Armed Forces. (3) Any recommendations, including rec- is received for the conveyance of real property (b) REVERSIONARY INTEREST.—If, at the end of ommendations for the termination, continu- under subsection (a), the Secretary may use the the five-year period beginning on the date the ation, or expansion of the demonstration pro- amounts received, in such amounts as are pro- Secretary makes the conveyance under sub- grams, that the Secretary of Defense or the Sec- vided in appropriations Acts, to pay for— section (a), the Secretary determines that a retary of the Army considers appropriate. (1) the cost of a survey described in subsection nursing home for veterans is not in operation on (e) EXPIRATION.—The authority under sub- (f) with respect to the property; the conveyed real property, all right, title, and section (a) to include requirements referred to in (2) the cost of carrying out any environmental interest in and to the property, including any that subsection in contracts under the dem- assessment, study, or analysis, and any remedi- improvements thereon, shall revert to the United onstration program under this section shall ex- ation, that may be required under Federal law, States, and the United States shall have the pire on September 30, 2006. or is considered appropriate by the Secretary, in right of immediate entry onto the property. Any (f) FUNDING.—Amounts authorized to be ap- connection with the property or the conveyance determination of the Secretary under this sub- propriated for a fiscal year for military con- of the property; and section shall be made on the record after an op- (3) any other costs incurred by the Secretary struction shall be available for the demonstra- portunity for a hearing. in conveying the property. tion program under this section in such fiscal (c) DESCRIPTION OF PROPERTY.—The exact (f) DESCRIPTION OF PROPERTY.—The exact year. acreage and legal description of the real prop- acreage and legal description of any real prop- (g) CONFORMING AMENDMENT.—Section 2814 of erty to be conveyed under subsection (a) shall be erty to be conveyed under subsection (a) shall be the Military Construction Authorization Act for determined by a survey satisfactory to the Sec- determined by a survey satisfactory to the Sec- Fiscal Year 2002 (division B of Public Law 107– retary. The cost of the survey shall be borne by retary. 107; 115 Stat. 1310; 10 U.S.C. 2809 note) is the County. (g) ADDITIONAL TERMS AND CONDITIONS.—The amended— (d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms (1) by striking subsection (d); and Secretary may require such additional terms and conditions in connection with a conveyance (2) by redesignating subsections (e) and (f) as and conditions in connection with the convey- of real property under this section as the Sec- subsections (d) and (e), respectively. ance under subsection (a) as the Secretary con- retary considers appropriate to protect the inter- SEC. 2815. EXPANDED AUTHORITY TO TRANSFER siders appropriate to protect the interests of the ests of the United States. PROPERTY AT MILITARY INSTALLA- United States. TIONS TO BE CLOSED TO PERSONS SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, WHO CONSTRUCT OR PROVIDE MILI- KENTUCKY. SEC. 2825. LAND CONVEYANCE, FORT HOOD, TEXAS. TARY FAMILY HOUSING. (a) CONVEYANCE AUTHORIZED.—The Secretary (a) CONVEYANCE AUTHORIZED.—The Secretary (a) 1988 LAW.—Section 204(e)(1) of the Defense of the Army may convey, without consideration, of the Army may convey, without consideration, Authorization Amendments and Base Closure to the City of Hopkinsville, Kentucky, all right, to the Veterans Land Board of the State of and Realignment Act (Public Law 100–526; 10 title, and interest of the United States in and to Texas (in this section referred to as the U.S.C. 2687 note) is amended by striking the last a parcel of real property at Fort Campbell, Ken- ‘‘Board’’), all right, title, and interest of the sentence. tucky, consisting of approximately 50 acres and United States in and to a parcel of real prop- (b) 1990 LAW.—Section 2905(f)(1) of the De- containing an abandoned railroad spur for the erty, including any improvements thereon, con- fense Base Closure and Realignment Act of 1990 purpose of permitting the City to use the prop- sisting of approximately 174 acres at Fort Hood, (part A of title XXIX of Public Law 101–510; 10 erty for storm water management, recreation, Texas, for the purpose of permitting the Board U.S.C. 2687 note) is amended by striking the last transportation, and other public purposes. to establish a State-run cemetery for veterans. sentence. (b) DESCRIPTION OF PROPERTY.—The acreage Subtitle C—Land Conveyances of the real property to be conveyed under sub- (b) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real prop- PART I—ARMY CONVEYANCES section (a) has been determined by the Secretary through a legal description outlining such acre- erty to be conveyed under subsection (a) shall be SEC. 2821. LAND CONVEYANCES, LANDS IN ALAS- determined by a survey satisfactory to the Sec- KA NO LONGER REQUIRED FOR NA- age. No further survey of the property before transfer is necessary. retary. The cost of the survey shall be borne by TIONAL GUARD PURPOSES. the Board. (a) CONVEYANCE AUTHORIZED.—The Secretary (c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms (c) ADDITIONAL TERMS AND CONDITIONS.—The of the Army may convey to an eligible entity de- Secretary may require such additional terms scribed subsection (b) all right, title, and inter- and conditions in connection with the convey- ance under subsection (a) as the Secretary con- and conditions in connection with the convey- est of the United States in and to any parcel of ance under subsection (a) as the Secretary con- real property, including any improvements siders appropriate to protect the interests of the United States. siders appropriate to protect the interests of the thereon, in the State of Alaska described in sub- United States. section (c) if the Secretary determines the con- SEC. 2823. LAND CONVEYANCE, ARMY RESERVE veyance would be in the public interest. TRAINING CENTER, BUFFALO, MIN- PART II—NAVY CONVEYANCES (b) ELIGIBLE RECIPIENTS.—The following enti- NESOTA. SEC. 2831. LAND CONVEYANCE, MARINE CORPS ties shall be eligible to receive real property (a) CONVEYANCE AUTHORIZED.—The Secretary AIR STATION, MIRAMAR, SAN DIEGO, under subsection (a): of the Army may convey, without consideration, CALIFORNIA. (1) The State of Alaska. to the Buffalo Independent School District 877 (a) CONVEYANCE AUTHORIZED.—The Secretary (2) A governmental entity in the State of Alas- of Buffalo, Minnesota (in this section referred to of the Navy may convey to the ENPEX Corpora- ka. as the ‘‘School District’’), all right, title, and in- tion, Incorporated (in this section referred to as (3) A Native Corporation (as defined in section terest of the United States in and to a parcel of the ‘‘Corporation’’), all right, title, and interest 3 of the Alaska Native Claims Settlement Act (43 real property, including improvements thereon, of the United States in and to a parcel of real U.S.C. 1602)). that is located at 800 8th Street, N.E., in Buf- property, including any improvements thereon, (4) The Metlakatla Indian Community. falo, Minnesota, and contains a former Army at Marine Corps Air Station Miramar, San (c) COVERED PROPERTY.—Subsection (a) ap- Reserve Training Center, which is being used by Diego, California, consisting of approximately plies to real property located in the State of the School District as the site of the Phoenix 60 acres and appurtenant easements and any Alaska that— Learning Center. other necessary interests in real property for the (1) is under the jurisdiction of the Department (b) DESCRIPTION OF PROPERTY.—The exact purpose of permitting the Corporation to use the of the Army and, before December 2, 1980, was acreage and legal description of the real prop- property for the production of electric power under such jurisdiction for the use of the Alaska erty to be conveyed under subsection (a) shall be and related ancillary activities. National Guard; determined by a survey satisfactory to the Sec- (b) CONSIDERATION.—(1) As consideration for (2) is located in a unit of the National Wildlife retary. The cost of the survey shall be borne by the conveyance under subsection (a), the Cor- Refuge System designated in the Alaska Na- the School District. poration shall—

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00086 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.029 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2323 (A) convey to the United States all right, title, SEC. 2832. BOUNDARY ADJUSTMENTS, MARINE maintenance of runway protection zones and an and interest of the Corporation in and to a par- CORPS BASE, QUANTICO, AND aircraft accident potential protection zone as cel of real property in the San Diego area that PRINCE WILLIAM FOREST PARK, VIR- necessitated by continued military aircraft oper- is suitable for military family housing, as deter- GINIA. ations at the Utah Test and Training Range. mined by the Secretary; and (a) BOUNDARY ADJUSTMENTS AND RELATED (c) PHASED CONVEYANCES.—The land convey- TRANSFERS.—(1) The Secretary of the Navy and ances authorized by subsections (a) and (b) may (B) if the parcel conveyed under subpara- the Secretary of the Interior shall adjust the be conducted in phases. To the extent prac- graph (A) does not contain housing units suit- boundaries of Marine Corps Base, Quantico, ticable, the first phase of the conveyances able for use as military family housing, design Virginia, and Prince William Forest Park, Vir- should involve at least 3,000 acres. and construct such military family housing ginia, to conform to the boundaries depicted on (d) MANAGEMENT OF CONVEYED LANDS.—The units and supporting facilities as the Secretary the map entitled ‘‘Map Depicting Boundary Ad- lands conveyed under subsections (a) and (b) considers appropriate. justments Proposed With March 10, 1998, MOU shall be managed by the City of West Wendover, (2) The total combined value of the real prop- Between Prince William Forest Park and Ma- Nevada, City of Wendover, Utah, Tooele Coun- erty and military family housing conveyed by rine Corps Base Quantico’’. ty, Utah, and Elko County, Nevada— the Corporation under this subsection shall be (2) As part of the boundary adjustment, the (1) in accordance with the provisions of an at least equal to the fair market value of the Secretary of the Navy shall transfer, without re- Interlocal Memorandum of Agreement entered real property conveyed to the Secretary under imbursement, to the administrative jurisdiction into between the Cities of West Wendover, Ne- subsection (a), including any severance costs of the Secretary of the Interior approximately vada, and Wendover, Utah, Tooele County, arising from any diminution of the value or util- 352 acres of land, as depicted on the map, and Utah, and Elko County, Nevada, providing for ity of other property at Marine Corps Air Sta- the Secretary of the Interior shall retain admin- the coordinated management and development tion Miramar attributable to the prospective fu- istrative jurisdiction over approximately 1,034 of the lands for the economic benefit of both ture use of the property conveyed under sub- acres of land, which is a portion of the Depart- communities; and section (a). ment of Interior land commonly known as the (2) in a manner that is consistent with such Quantico Special Use Permit Land. provisions of the easements referred to sub- (3) The Secretary shall determine the fair mar- (3) As part of the boundary adjustment, the sections (a) and (b) that, as jointly determined ket value of the real property to be conveyed Secretary of the Interior shall transfer, without by the Secretary of the Air Force and Secretary under subsection (a) and the fair market value reimbursement, to the administrative jurisdic- of the Interior, remain applicable and relevant of the consideration to be provided under this tion of the Secretary of the Navy approximately to the operation and management of the lands subsection. Such determinations shall be final. 3398 acres of land, as depicted on the map. following conveyance and are consistent with (c) REVERSIONARY INTEREST.—(1) Subject to (b) EFFECT OF SUBSEQUENT DETERMINATION the provisions of this section. paragraph (2), if the Secretary determines at PROPERTY IS EXCESS.—(1) If land transferred or (e) ADDITIONAL TERMS AND CONDITIONS.—The any time that the property conveyed under sub- retained under paragraph (2) or (3) of sub- Secretary of the Air Force and the Secretary of section (a) is not being used in accordance with section (a) is subsequently determined to be ex- the Interior may jointly require such additional the purpose of the conveyance specified in such cess to the needs of the Federal agency that re- terms and conditions in connection with the subsection, all right, title, and interest in and to ceived or retained the land, the head of that conveyances required by subsections (a) and (b) the property, including any improvements there- Federal agency shall offer to return administra- as the Secretaries consider appropriate to pro- on, shall revert, at the option of the Secretary, tive jurisdiction over the land, without reim- tect the interests of the United States. to the United States, and the United States shall bursement, to the Federal agency from which Subtitle D—Other Matters have the right of immediate entry onto the prop- the land was received or retained. SEC. 2861. EASEMENT FOR CONSTRUCTION OF erty. Any determination of the Secretary under (2) If the offer under paragraph (1) is not ac- ROADS OR HIGHWAYS, MARINE this subsection shall be made on the record after cepted within 90 days or is otherwise rejected, CORPS BASE, CAMP PENDLETON, an opportunity for a hearing. the head of the Federal agency holding the land CALIFORNIA. may proceed to dispose of the land under then Section 2851(a) of the Military Construction (2) If Marine Corps Air Station Miramar is no Authorization Act for Fiscal Year 1999 (division longer used as a Federal aviation facility, para- current law and regulations governing the dis- posal of excess property. B of Public Law 105–261; 112 Stat. 2219), as graph (1) shall no longer apply, and the Sec- amended by section 2867 of the National Defense retary shall release, without consideration, the PART III—AIR FORCE CONVEYANCES Authorization Act for Fiscal Year 2002 (Public reversionary interest retained by the United SEC. 2841. LAND CONVEYANCES, WENDOVER AIR Law 107–107; 115 Stat. 1334) is amended in the States under such paragraph. FORCE BASE AUXILIARY FIELD, NE- first sentence by striking ‘‘easement to con- VADA. (d) ADMINISTRATIVE EXPENSES.—(1) The Cor- struct’’ and all that follows through the period poration shall make funds available to the Sec- (a) CONVEYANCES AUTHORIZED TO WEST at the end and inserting ‘‘easement to construct, retary to cover costs to be incurred by the Sec- WENDOVER, NEVADA.—(1) The Secretary of the operate, and maintain a restricted access high- retary, or reimburse the Secretary for costs in- Interior may convey, without consideration, to way, notwithstanding any provision of State curred, to carry out the conveyance under sub- the City of West Wendover, Nevada, all right, law that would otherwise prevent the Secretary section (a), including survey costs, costs related title, and interest of the United States in and to from granting the easement or the Agency from to environmental documentation, and other ad- the following: constructing, operating, or maintaining the re- ministrative costs related to the conveyance. (A) The lands at Wendover Air Force Base stricted access highway.’’. Auxiliary Field, Nevada, identified in Easement This paragraph does not apply to costs associ- SEC. 2862. SALE OF EXCESS TREATED WATER AND ated with the removal of explosive ordnance No. AFMC–HL–2–00–334 that are determined by WASTEWATER TREATMENT CAPAC- from the parcel and environmental remediation the Secretary of the Air Force to be no longer re- ITY, MARINE CORPS BASE, CAMP of the parcel. quired for Air Force purposes. LEJEUNE, NORTH CAROLINA. (B) The lands at Wendover Air Force Base (a) SALE AUTHORIZED.—The Secretary of the (2) Section 2695(c) of title 10 United States Auxiliary Field identified for disposition on the Navy may provide to Onslow County, North Code, shall apply to any amount received under map entitled ‘‘West Wendover, Nevada–Excess’’, Carolina, or any authority or political subdivi- paragraph (1). If the amounts received in ad- dated January 5, 2001, that are determined by sion organized under the laws of North Carolina vance under such paragraph exceed the costs the Secretary of the Air Force to be no longer re- to provide public water or sewage services in actually incurred by the Secretary, the Sec- quired for Air Force purposes. Onslow County (in this section referred to as retary shall refund the excess amount to the (2) The purposes of the conveyances under the ‘‘County’’), treated water and wastewater Corporation. this subsection are— treatment services from facilities at Marine (e) DESCRIPTIONS OF PROPERTY.—The exact (A) to permit the establishment and mainte- Corps Base, Camp Lejeune, North Carolina, if acreage and legal descriptions of the real prop- nance of runway protection zones; and the Secretary determines that the provision of erty to be conveyed by the Secretary under sub- (B) to provide for the development of an in- these utility services is in the public interest and section (a) and the property to be conveyed by dustrial park and related infrastructure. will not interfere with current or future oper- the Corporation under subsection (b) shall be (3) The map referred to in paragraph (1)(B) ations at Camp Lejeune. determined by a survey satisfactory to the Sec- shall be on file and available for public inspec- (b) INAPPLICABILITY OF CERTAIN REQUIRE- retary. tion in the offices of the Director of the Bureau MENTS.—Section 2686 of title 10, United States of Land Management and the Elko District Of- Code, shall not apply to the provision of public (f) EXEMPTIONS.—Section 2696 of title 10, fice of the Bureau of Land Management. water or sewage services authorized by sub- United States Code, does not apply to the con- (b) CONVEYANCE AUTHORIZED TO TOOELE section (a). veyance authorized by subsection (a), and the COUNTY, UTAH.—(1) The Secretary of the Inte- (c) CONSIDERATION.—As consideration for the authority to make the conveyance shall not be rior may convey, without consideration, to receipt of public water or sewage services under considered to render the property excess or un- Tooele County, Utah, all right, title, and inter- subsection (a), the County shall pay to the Sec- derutilized. est of the United States in and to the lands at retary an amount (in cash or in kind) equal to (g) ADDITIONAL TERMS AND CONDITIONS.—The Wendover Air Force Base Auxiliary Field identi- the fair market value of the services. Amounts Secretary may require such additional terms fied in Easement No. AFMC–HL–2–00–318 that received in cash shall be credited to the base op- and conditions in connection with the convey- are determined by the Secretary of the Air Force eration and maintenance accounts of Camp ances authorized by this section as the Sec- to be no longer required for Air Force purposes. Lejeune. retary considers appropriate to protect the inter- (2) The purpose of the conveyance under this (d) EXPANSION.—The Secretary may make ests of the United States. subsection is to permit the establishment and minor expansions and extensions and permit

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00087 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.029 pfrm15 PsN: H09PT1 H2324 CONGRESSIONAL RECORD — HOUSE May 9, 2002 connections to the public water or sewage sys- tion under the Agreement and this section. In cision of the Commission to add a military in- tems of the County in order to furnish the serv- the event any of the lands are subsequently ac- stallation to the Secretary’s list of installations ices authorized under subsection (a). The Sec- quired by the United States, they shall be auto- recommended for closure must be unanimous, retary shall restrict the provision of services to matically included in the National Wildlife Ref- and at least two members of the Commission the County to those areas in the County where uge System. The laws and regulations applica- must have visited the installation during the pe- residential development would be compatible ble to refuge lands shall then apply to these riod of the Commission’s review of the list.’’. with current and future operations at Camp lands and the Secretary shall then adjust the DIVISION C—DEPARTMENT OF ENERGY Lejeune. boundaries accordingly. NATIONAL SECURITY AUTHORIZATIONS (e) ADMINISTRATIVE EXPENSES.—The Secretary (e) CONVEYANCE OF NAVY PERSONAL PROP- AND OTHER AUTHORIZATIONS may require the County to reimburse the Sec- ERTY.—Notwithstanding any other provision of TITLE XXXI—DEPARTMENT OF ENERGY retary for the costs incurred by the Secretary to law, and for the purposes of the transfer of NATIONAL SECURITY PROGRAMS provide public water or sewage services to the property authorized by this section, Department County under subsection (a). of Navy personal property that remains on Adak Subtitle A—National Security Programs (2) Section 2695(c) of title 10 United States Island is deemed related to the real property Authorizations Code, shall apply to any amount received under and shall be conveyed by the Department of the SEC. 3101. NATIONAL NUCLEAR SECURITY ADMIN- this subsection. Navy to the Aleut Corporation, at no additional ISTRATION. (f) ADDITIONAL TERMS AND CONDITIONS.—The cost, when the related real property is conveyed (a) AUTHORIZATION OF APPROPRIATIONS.— Secretary may require such additional terms by the Department of the Interior. Funds are hereby authorized to be appropriated and conditions in connection with the provision (f) ADDITIONAL CONVEYANCE.—The Secretary to the Department of Energy for fiscal year 2003 of public water or sewage services under this of the Interior shall convey to the Aleut Cor- for the activities of the National Nuclear Secu- section as the Secretary considers appropriate to poration those lands identified in the Agreement rity Administration in carrying out programs protect the interests of the United States. as the former landfill sites without charge to the necessary for national security in the amount of SEC. 2863. RATIFICATION OF AGREEMENT RE- Aleut Corporation’s entitlement under the Alas- $8,034,349,000, to be allocated as follows: GARDING ADAK NAVAL COMPLEX, ka Native Claims Settlement Act. (1) For weapons activities, $5,937,000,000. ALASKA, AND RELATED LAND CON- (g) VALUATION.—For purposes of section 21(c) (2) For defense nuclear nonproliferation ac- VEYANCES. of the Alaska Native Claims Settlement Act, the tivities, $1,074,630,000. (a) RATIFICATION OF AGREEMENT.—The docu- receipt of all property by the Aleut Corporation (3) For naval reactors, $706,790,000. (4) For the Office of the Administrator for Nu- ment entitled the ‘‘Agreement Concerning the shall be entitled to a tax basis equal to fair clear Security, $315,929,000. Conveyance of Property at the Adak Naval value on date of transfer. Fair value shall be de- (b) AUTHORIZATION OF NEW PLANT Complex’’, and dated September 20, 2000, exe- termined by replacement cost appraisal. PROJECTS.—From funds referred to in subsection cuted by the Aleut Corporation, the Department (h) CERTAIN PROPERTY TREATED AS NOT DE- (a) that are available for carrying out plant of the Interior, and the Department of the Navy, VELOPED.—Any property, including, but not projects, the Secretary may carry out new plant together with any technical amendments or limited to, appurtenances and improvements, re- projects as follows: modifications to the boundaries that may be ceived pursuant to this section shall, for pur- agreed to by the parties, is hereby ratified, con- (1) For weapons activities, the following new poses of section 21(d) of the Alaska Native plant projects: firmed, and approved and the terms, conditions, Claims Settlement Act and section 907(d) of the procedures, covenants, reservations, indemnities Project 03–D–101, Sandia underground reactor Alaska National Interest Lands Conservation facility (SURF), Sandia National Laboratories, and other provisions set forth in the Agreement Act be treated as not developed until such prop- are declared to be obligations and commitments Albuquerque, New Mexico, $2,000,000. erty is actually occupied, leased (other than Project 03–D–103, project engineering and de- of the United States as a matter of Federal law. leases for nominal consideration to public enti- sign, various locations, $15,539,000. Modifications to the maps and legal descriptions ties) or sold by the Aleut Corporation, or, in the Project 03–D–121, gas transfer capacity expan- of lands to be removed from the National Wild- case of a lease or other transfer by the Aleut sion, Kansas City Plant, Kansas City, Missouri, life Refuge System within the military with- Corporation to a wholly owned development $4,000,000. drawal on Adak Island set forth in Public Land subsidiary, actually occupied, leased, or sold by Project 03–D–122, prototype purification facil- Order 1949 may be made only upon agreement of the subsidiary. ity, Y–12 plant, Oak Ridge, Tennessee, all Parties to the Agreement and notification (i) CERTAIN LANDS UNAVAILABLE FOR SELEC- $20,800,000. given to the Committee on Resources of the TION.—Upon conveyance to the Aleut Corpora- Project 03–D–123, special nuclear materials re- House of Representatives and the Committee on tion of the lands described in Appendix A of the qualification, Pantex plant, Amarillo, Texas, Energy and Natural Resources of the Senate. Agreement, the lands described in Appendix C of $3,000,000. The acreage conveyed to the United States by the Agreement will become unavailable for selec- (2) For naval reactors, the following new the Aleut Corporation under the Agreement, as tion under the Alaska Native Claims Settlement plant project: modified, shall be at least 36,000 acres. Act. Project 03–D–201, cleanroom technology facil- (b) REMOVAL OF LANDS FROM REFUGE.—Effec- (j) MAPS.—The maps included as part of Ap- ity, Bettis Atomic Power Laboratory, West Miff- tive on the date of conveyance to the Aleut Cor- pendix A to the Agreement depict the lands to be lin, Pennsylvania, $7,200,000. poration of the Adak Exchange Lands as de- conveyed to the Aleut Corporation. The maps SEC. 3102. ENVIRONMENTAL AND OTHER DE- scribed in the Agreement, all such lands shall be are on file at the Region 7 Office of the United FENSE ACTIVITIES. removed from the National Wildlife Refuge Sys- States Fish and Wildlife Service and the offices (a) AUTHORIZATION OF APPROPRIATIONS.— tem and shall neither be considered as part of of the Alaska Maritime National Wildlife Refuge Funds are hereby authorized to be appropriated the Alaska Maritime National Wildlife Refuge in Homer, Alaska. The written legal descriptions to the Department of Energy for fiscal year 2003 nor subject to any laws pertaining to lands of the lands to be conveyed to the Aleut Cor- for environmental restoration and waste man- within the boundaries of the Alaska Maritime poration are also part of Appendix A. In case of agement activities and other defense activities in National Wildlife Refuge. The conveyance re- discrepancies, the maps shall control. carrying out programs necessary for national se- strictions imposed by section 22(g) of the Alaska (k) DEFINITIONS.—In this section: curity in the amount of $7,366,510,000, to be allo- Native Claims Settlement Act (43 U.S.C. 1621(g)) (1) The term ‘‘Agreement’’ means the agree- cated as follows: for land in the National Wildlife Refuge System ment ratified, confirmed, and approved under (1) For defense environmental restoration and shall not apply. The Secretary shall adjust the subsection (a). waste management, $4,544,133,000. boundaries of the Refuge so as to exclude all in- (2) The term ‘‘Aleut Corporation’’ means the (2) For defense environmental management terests in lands and land rights, surface and Alaskan Native Regional Corporation known as cleanup reform in carrying out environmental subsurface, received by the Aleut Corporation in the Aleut Corporation incorporated in the State restoration and waste management activities accordance with this section and the Agreement. of Alaska pursuant to the Alaska Native Claims necessary for national security programs, (c) RELATION TO ALASKA NATIVE CLAIMS SET- Settlement Act (43 U.S.C. 1601 et seq.). $800,000,000. TLEMENT ACT.—Lands and interests therein ex- SEC. 2864. SPECIAL REQUIREMENTS FOR ADDING (3) For defense facilities closure projects, changed and conveyed by the United States MILITARY INSTALLATION TO CLO- $1,091,314,000. pursuant to this section shall be considered and SURE LIST. (4) For defense environmental management treated as conveyances of lands or interests Section 2914(d) of the Defense Base Closure privatization, $158,399,000. therein under the Alaska Native Claims Settle- and Realignment Act of 1990 (part A of title (5) For other defense activities in carrying out ment Act, except that receipt of such lands and XXIX of Public Law 101–510; 10 U.S.C. 2687 programs necessary for national security, interests therein shall not constitute a sale or note), as added by section 3003 of the Military $457,664,000. disposition of land or interests received pursu- Construction Authorization Act for Fiscal Year (6) For defense nuclear waste disposal for ant to such Act. The public easements for access 2002 (division B of Public Law 107–107; 155 Stat, payment to the Nuclear Waste Fund established to public lands and waters reserved pursuant to 1346), is amended— in section 302(c) of the Nuclear Waste Policy Act the Agreement are deemed to satisfy the require- (1) by redesignating paragraphs (4) and (5) as of 1982 (42 U.S.C. 10222(c)), $315,000,000. ments and purposes of section 17(b) of the Alas- paragraphs (5) and (6), respectively; and (b) AUTHORIZATION OF NEW PLANT PROJECT.— ka Native Claims Settlement Act. (2) by inserting after paragraph (3) the fol- From funds referred to in subsection (a) that are (d) REACQUISITION AUTHORITY.—The Sec- lowing new paragraph (4): available for carrying out plant projects, the retary of the Interior is authorized to acquire by ‘‘(4) LIMITATION ON AUTHORITY TO REC- Secretary may carry out, for environmental res- purchase or exchange, on a willing seller basis OMMEND ADDITIONAL INSTALLATION FOR CLO- toration and waste management activities, the only, any land conveyed to the Aleut Corpora- SURE.—Notwithstanding paragraph (3), the de- following new plant project:

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.030 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2325 Project 03–D–403, immobilized high-level waste project’’ means any plant project not specifi- SEC. 3125. AUTHORITY FOR CONCEPTUAL AND interim storage facility, Richland, Washington, cally authorized by law for which the approved CONSTRUCTION DESIGN. $6,363,000. total estimated cost does not exceed the minor (a) REQUIREMENT OF CONCEPTUAL DESIGN.— construction threshold. (1) IN GENERAL.—Subject to paragraph (2) and Subtitle B—Department of Energy National except as provided in paragraph (3), before sub- SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. Security Authorizations General Provisions mitting to Congress a request for funds for a (a) IN GENERAL.— SEC. 3120. SHORT TITLE; DEFINITIONS. construction project that is in support of a na- (1) CONSTRUCTION COST CEILING.—Except as (a) SHORT TITLE.—This subtitle may be cited tional security program of the Department of provided in paragraph (2), construction on a as the ‘‘Department of Energy National Security Energy, the Secretary of Energy shall complete construction project which is in support of na- Authorizations General Provisions Act’’. a conceptual design for that project. (b) DEFINITIONS.—In this subtitle: tional security programs of the Department of (2) REQUESTS FOR CONCEPTUAL DESIGN (1) The term ‘‘DOE national security author- Energy and was authorized by a DOE national FUNDS.—If the estimated cost of completing a ization’’ means an authorization of appropria- security authorization may not be started, and conceptual design for a construction project ex- tions for activities of the Department of Energy additional obligations in connection with the ceeds $3,000,000, the Secretary shall submit to in carrying out programs necessary for national project above the total estimated cost may not be Congress a request for funds for the conceptual security. incurred, whenever the current estimated cost of design before submitting a request for funds for (2) The term ‘‘congressional defense commit- the construction project exceeds by more than 25 the construction project. tees’’ means— percent the higher of— (3) EXCEPTIONS.—The requirement in para- (A) the Committee on Armed Services and the (A) the amount authorized for the project; or graph (1) does not apply to a request for funds— Committee on Appropriations of the Senate; and (B) the amount of the total estimated cost for (A) for a construction project the total esti- (B) the Committee on Armed Services and the the project as shown in the most recent budget mated cost of which is less than the minor con- Committee on Appropriations of the House of justification data submitted to Congress. struction threshold; or Representatives. (2) EXCEPTION WHERE NOTICE-AND-WAIT (B) for emergency planning, design, and con- (3) The term ‘‘minor construction threshold’’ GIVEN.—An action described in paragraph (1) struction activities under section 3126. means $5,000,000. may be taken if— (b) AUTHORITY FOR CONSTRUCTION DESIGN.— SEC. 3121. REPROGRAMMING. (A) the Secretary of Energy has submitted to (1) IN GENERAL.—Within the amounts author- ized by a DOE national security authorization, (a) IN GENERAL.—Except as provided in sec- the congressional defense committees a report on tions 3129 and 3130, the Secretary of Energy may the actions and the circumstances making such the Secretary of Energy may carry out construc- not use amounts appropriated pursuant to a action necessary; and tion design (including architectural and engi- DOE national security authorization for a pro- (B) a period of 30 days has elapsed after the neering services) in connection with any pro- gram— date on which the report is received by the com- posed construction project if the total estimated (1) in amounts that exceed, in a fiscal year, mittees. cost for such design does not exceed $600,000. (2) SPECIFIC AUTHORITY REQUIRED.—If the the amount authorized for that program by that (3) COMPUTATION OF DAYS.—In the computa- total estimated cost for construction design in authorization for that fiscal year; or tion of the 30-day period under paragraph (2), (2) which has not been presented to, or re- there shall be excluded any day on which either connection with any construction project ex- quested of, Congress, House of Congress is not in session because of ceeds $600,000, funds for that design must be until the Secretary submits to the congressional an adjournment of more than three days to a specifically authorized by law. defense committees a report referred to in sub- day certain. SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- section (b) with respect to that program and a (b) EXCEPTION FOR MINOR PROJECTS.—Sub- NING, DESIGN, AND CONSTRUCTION ACTIVITIES. period of 30 days has elapsed after the date on section (a) does not apply to a construction project with a current estimated cost of less (a) AUTHORITY.—The Secretary of Energy which such committees receive the report. may use any funds available to the Department (b) REPORT.—The report referred to in sub- than the minor construction threshold. of Energy pursuant to a DOE national security section (a) is a report containing a full and com- SEC. 3124. FUND TRANSFER AUTHORITY. authorization, including funds authorized to be plete statement of the action proposed to be (a) TRANSFER TO OTHER FEDERAL AGENCIES.— appropriated for advance planning, engineer- taken and the facts and circumstances relied The Secretary of Energy may transfer funds au- ing, and construction design, and for plant upon in support of the proposed action. thorized to be appropriated to the Department of projects, to perform planning, design, and con- (c) COMPUTATION OF DAYS.—In the computa- Energy pursuant to a DOE national security struction activities for any Department of En- tion of the 30-day period under subsection (a), authorization to other Federal agencies for the ergy national security program construction there shall be excluded any day on which either performance of work for which the funds were project that, as determined by the Secretary, House of Congress is not in session because of authorized. Funds so transferred may be merged must proceed expeditiously in order to protect an adjournment of more than three days to a with and be available for the same purposes and public health and safety, to meet the needs of day certain. for the same time period as the authorizations of national defense, or to protect property. (d) LIMITATIONS.— the Federal agency to which the amounts are (b) LIMITATION.—The Secretary may not exer- (1) TOTAL AMOUNT OBLIGATED.—In no event transferred. cise the authority under subsection (a) in the may the total amount of funds obligated pursu- (b) TRANSFER WITHIN DEPARTMENT OF EN- case of a construction project until the Sec- ant to a DOE national security authorization ERGY.— retary has submitted to the congressional de- for a fiscal year exceed the total amount author- (1) TRANSFERS PERMITTED.—Subject to para- fense committees a report on the activities that ized to be appropriated by that authorization graph (2), the Secretary of Energy may transfer the Secretary intends to carry out under this for that fiscal year. funds authorized to be appropriated to the De- section and the circumstances making those ac- (2) PROHIBITED ITEMS.—Funds appropriated partment of Energy pursuant to a DOE national tivities necessary. pursuant to a DOE national security authoriza- security authorization between any such au- (c) SPECIFIC AUTHORITY.—The requirement of tion may not be used for an item for which Con- thorizations. Amounts of authorizations so section 3125(b)(2) does not apply to emergency gress has specifically denied funds. transferred may be merged with and be avail- planning, design, and construction activities SEC. 3122. MINOR CONSTRUCTION PROJECTS. able for the same purposes and for the same pe- conducted under this section. (a) AUTHORITY.—Using operation and mainte- riod as the authorization to which the amounts SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL nance funds or facilities and infrastructure are transferred. SECURITY PROGRAMS OF THE DE- funds authorized by a DOE national security (2) MAXIMUM AMOUNTS.—Not more than 5 per- PARTMENT OF ENERGY. authorization, the Secretary of Energy may cent of any such authorization may be trans- Subject to the provisions of appropriation Acts carry out minor construction projects. ferred between authorizations under paragraph and section 3121, amounts appropriated pursu- (b) ANNUAL REPORT.—The Secretary shall (1). No such authorization may be increased or ant to a DOE national security authorization submit to the congressional defense committees decreased by more than 5 percent by a transfer for management and support activities and for on an annual basis a report on each exercise of under such paragraph. general plant projects are available for use, the authority in subsection (a) during the pre- (c) LIMITATIONS.—The authority provided by when necessary, in connection with all national ceding fiscal year. Each report shall provide a this subsection to transfer authorizations— security programs of the Department of Energy. brief description of each minor construction (1) may be used only to provide funds for SEC. 3128. AVAILABILITY OF FUNDS. project covered by the report. items relating to activities necessary for na- (a) IN GENERAL.—Except as provided in sub- (c) COST VARIATION REPORTS TO CONGRES- tional security programs that have a higher pri- section (b), amounts appropriated for operation SIONAL COMMITTEES.—If, at any time during the ority than the items from which the funds are and maintenance or for plant projects may, construction of any minor construction project transferred; and when so specified in an appropriations Act, re- authorized by a DOE national security author- (2) may not be used to provide funds for an main available until expended. ization, the estimated cost of the project is re- item for which Congress has specifically denied (b) EXCEPTION FOR NNSA FUNDS.—Amounts vised and the revised cost of the project exceeds funds. appropriated for the National Nuclear Security the minor construction threshold, the Secretary (d) NOTICE TO CONGRESS.—The Secretary of Administration pursuant to a DOE national se- shall immediately submit to the congressional Energy shall promptly notify the Committee on curity authorization for a fiscal year shall re- defense committees a report explaining the rea- Armed Services of the Senate and the Committee main available to be expended— sons for the cost variation. on Armed Services of the House of Representa- (1) only until the end of that fiscal year, in (d) MINOR CONSTRUCTION PROJECT DEFINED.— tives of any transfer of funds to or from any the case of amounts appropriated for the Office In this section, the term ‘‘minor construction DOE national security authorization. of the Administrator for Nuclear Security; and

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00089 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.030 pfrm15 PsN: H09PT1 H2326 CONGRESSIONAL RECORD — HOUSE May 9, 2002

(2) only in that fiscal year and the two suc- subsection (a) to cover a cost overrun or sched- (c) REFERENCES.—Any reference in any other ceeding fiscal years, in all other cases. uling delay for any program or project. Federal law to the Secretary of Defense (or an SEC. 3129. TRANSFER OF DEFENSE ENVIRON- (5) IMPERMISSIBLE USES.—Funds transferred officer of the Department of Defense) or the De- MENTAL MANAGEMENT FUNDS. pursuant to subsection (a) may not be used for partment of Defense shall, to the extent such (a) TRANSFER AUTHORITY FOR DEFENSE ENVI- an item for which Congress has specifically de- reference pertains to a function transferred by RONMENTAL MANAGEMENT FUNDS.—The Sec- nied funds or for a new program or project that this section, be deemed to refer to the Adminis- retary of Energy shall provide the manager of has not been authorized by Congress. trator for Nuclear Security or the National Nu- each field office of the Department of Energy (c) EXEMPTION FROM REPROGRAMMING RE- clear Security Administration, as applicable. with the authority to transfer defense environ- QUIREMENTS.—The requirements of section 3121 SEC. 3143. REPEAL OF REQUIREMENT FOR RE- mental management funds from a program or shall not apply to transfers of funds pursuant to PORTS ON OBLIGATION OF FUNDS project under the jurisdiction of that office to subsection (a). FOR PROGRAMS ON FISSILE MATE- another such program or project. (d) NOTIFICATION.—The Secretary, acting RIALS IN RUSSIA. (b) LIMITATIONS.— through the Administrator for Nuclear Security, Section 3131 of the National Defense Author- (1) NUMBER OF TRANSFERS.—Not more than shall notify Congress of any transfer of funds ization Act for Fiscal Year 1996 (Public Law one transfer may be made to or from any pro- pursuant to subsection (a) not later than 30 104–106; 110 Stat. 617; 22 U.S.C. 5952 note) is gram or project under subsection (a) in a fiscal days after such transfer occurs. amended— year. (e) DEFINITIONS.—In this section— (1) in subsection (a), by striking ‘‘(a) AUTHOR- (2) AMOUNTS TRANSFERRED.—The amount (1) the term ‘‘program or project’’ means, with ITY.—’’; and transferred to or from a program or project in respect to a field office of the Department of En- (2) by striking subsection (b). any one transfer under subsection (a) may not ergy, a program or project that is for weapons SEC. 3144. ANNUAL CERTIFICATION TO THE exceed $5,000,000. activities necessary for national security pro- PRESIDENT AND CONGRESS ON THE (3) DETERMINATION REQUIRED.—A transfer grams of the Department, that is being carried CONDITION OF THE UNITED STATES may not be carried out by a manager of a field out by that office, and for which weapons ac- NUCLEAR WEAPONS STOCKPILE. office under subsection (a) unless the manager tivities funds have been authorized and appro- (a) CERTIFICATION REQUIRED.—(1) Not later determines that the transfer is necessary— priated; and than January 15 of each year, each official (A) to address a risk to health, safety, or the (2) the term ‘‘weapons activities funds’’ means specified in subsection (b)(1) shall submit to the environment; or funds appropriated to the Department of Energy Secretary concerned a certification regarding (B) to assure the most efficient use of defense pursuant to an authorization for carrying out the safety, reliability, and performance of each environmental management funds at the field weapons activities necessary for national secu- nuclear weapon type in the active stockpile of office. rity programs. the United States for which such official is re- (4) IMPERMISSIBLE USES.—Funds transferred SEC. 3131. SCOPE OF AUTHORITY TO CARRY OUT sponsible. pursuant to subsection (a) may not be used for PLANT PROJECTS. (2) Not later than February 1 of each year, an item for which Congress has specifically de- In carrying out programs necessary for na- the Secretary of Defense and the Secretary of nied funds or for a new program or project that tional security, the authority of the Secretary of Energy shall each submit to the President and has not been authorized by Congress. Energy to carry out plant projects includes au- the Congress— (c) EXEMPTION FROM REPROGRAMMING RE- thority for maintenance, restoration, planning, (A) each certification, without change, sub- QUIREMENTS.—The requirements of section 3121 construction, acquisition, modification of facili- mitted under paragraph (1) to that Secretary; shall not apply to transfers of funds pursuant to ties, and the continuation of projects authorized (B) each report, without change, submitted subsection (a). in prior years, and land acquisition related under subsection (d) to that Secretary; (d) NOTIFICATION.—The Secretary, acting thereto. (C) the comments of that Secretary with re- through the Assistant Secretary of Energy for Subtitle C—Program Authorizations, spect to each such certification and each such Environmental Management, shall notify Con- Restrictions, and Limitations report; and gress of any transfer of funds pursuant to sub- SEC. 3141. ONE-YEAR EXTENSION OF PANEL TO (D) any other information that the Secretary section (a) not later than 30 days after such ASSESS THE RELIABILITY, SAFETY, considers appropriate. transfer occurs. AND SECURITY OF THE UNITED (b) COVERED OFFICIALS AND SECRETARIES.—(1) (e) DEFINITIONS.—In this section— STATES NUCLEAR STOCKPILE. The officials referred to in subsection (a) are the (1) the term ‘‘program or project’’ means, with Section 3159 of the Strom Thurmond National following: respect to a field office of the Department of En- Defense Authorization Act for Fiscal Year 1999 (A) The head of each national security lab- ergy, a program or project that is for environ- (42 U.S.C. 2121 note) is amended— oratory, as defined in section 3281 of the Na- mental restoration or waste management activi- (1) in subsection (d), by striking ‘‘February 1, tional Nuclear Security Administration Act (50 ties necessary for national security programs of 2002,’’ and inserting ‘‘February 1 of 2002 and U.S.C. 2471). the Department, that is being carried out by 2003,’’; and (B) The commander of the United States Stra- that office, and for which defense environ- (2) in subsection (g), by striking ‘‘three years’’ tegic Command. mental management funds have been authorized and all that follows through the period at the (2) In this section, the term ‘‘Secretary con- and appropriated; and end and inserting ‘‘April 1, 2003.’’. cerned’’ means— (2) the term ‘‘defense environmental manage- SEC. 3142. TRANSFER TO NATIONAL NUCLEAR SE- (A) the Secretary of Energy, with respect to ment funds’’ means funds appropriated to the CURITY ADMINISTRATION OF DE- matters concerning the Department of Energy; Department of Energy pursuant to an author- PARTMENT OF DEFENSE’S COOPERA- and ization for carrying out environmental restora- TIVE THREAT REDUCTION PROGRAM (B) the Secretary of Defense, with respect to RELATING TO ELIMINATION OF matters concerning the Department of Defense. tion and waste management activities necessary WEAPONS GRADE PLUTONIUM IN for national security programs. RUSSIA. (c) USE OF ‘‘RED TEAMS’’ FOR LABORATORY CERTIFICATIONS.—The head of each national se- SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES (a) TRANSFER OF PROGRAM.—There are hereby FUNDS. transferred to the Administrator for Nuclear Se- curity laboratory shall, to assist in the certifi- (a) TRANSFER AUTHORITY FOR WEAPONS AC- curity the following: cation process required by subsection (a), estab- TIVITIES FUNDS.—The Secretary of Energy shall (1) The program, within the Cooperative lish one or more teams of experts known as ‘‘red provide the manager of each field office of the Threat Reduction program of the Department of teams’’. Each such team shall— Department of Energy with the authority to Defense, relating to the elimination of weapons (1) subject to challenge the matters covered by transfer weapons activities funds from a pro- grade plutonium in Russia. that laboratory’s certification, and submit the gram or project under the jurisdiction of that of- (2) All functions, powers, duties, and activi- results of such challenge, together with findings fice to another such program or project. ties of that program performed before the date of and recommendations, to the head of that lab- (b) LIMITATIONS.— the enactment of this Act by the Department of oratory; and (1) NUMBER OF TRANSFERS.—Not more than Defense. (2) carry out peer review of the certifications one transfer may be made to or from any pro- (b) TRANSFER OF ASSETS.—(1) So much of the carried out by the other laboratories, and submit gram or project under subsection (a) in a fiscal property, records, and unexpended balances of the results of such peer review to the head of the year. appropriations, allocations, and other funds em- laboratory concerned. (2) AMOUNTS TRANSFERRED.—The amount ployed, used, held, available, or to be made (d) REPORT ACCOMPANYING CERTIFICATION.— transferred to or from a program or project in available in connection with the program trans- Each official specified in subsection (b)(1) shall any one transfer under subsection (a) may not ferred by subsection (a) are transferred to the submit with each such certification a report on exceed $5,000,000. Administrator for use in connection with the the stockpile stewardship and management pro- (3) DETERMINATION REQUIRED.—A transfer program transferred. gram of the Department of Energy. The report may not be carried out by a manager of a field (2) Funds so transferred— shall include the following: office under subsection (a) unless the manager (A) shall be credited to the appropriation ac- (1) An assessment of the adequacy of the determines that the transfer— count of the Department of Energy for the ac- science-based tools and methods being used to (A) is necessary to address a risk to health, tivities of the National Nuclear Security Admin- determine the matters covered by the certifi- safety, or the environment; or istration in carrying out defense nuclear non- cation. (B) will result in cost savings and efficiencies. proliferation activities; and (2) An assessment of the capability of the (4) LIMITATION.—A transfer may not be car- (B) remain subject to such limitations as ap- manufacturing infrastructure required by sec- ried out by a manager of a field office under plied to such funds before such transfer. tion 3137 of the National Defense Authorization

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00090 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.030 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2327

Act for Fiscal Year 1996 (42 U.S.C. 2121 note) to (d) SITE PERFORMANCE MANAGEMENT PLAN TITLE XXXIII—NATIONAL DEFENSE identify and fix any inadequacy with respect to DEFINED.—For purposes of this section, a site STOCKPILE the matters covered by the certification. performance management plan for a site is a SEC. 3301. AUTHORIZED USES OF NATIONAL DE- (3) An assessment of the need of the United plan, agreed to by the applicable Federal and FENSE STOCKPILE FUNDS. States to resume testing of nuclear weapons and State agencies with regulatory jurisdiction with (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- the readiness of the United States to resume respect to the site, for the performance of activi- ing fiscal year 2003, the National Defense Stock- such testing, together with an identification of ties to accelerate the reduction of environmental pile Manager may obligate up to $76,400,000 of the specific tests the conduct of which might risk in connection with, and to accelerate the the funds in the National Defense Stockpile have value and the anticipated value of con- environmental cleanup of, the site. Transaction Fund established under subsection ducting such tests. (e) DOE ENVIRONMENTAL MANAGEMENT AC- (a) of section 9 of the Strategic and Critical Ma- (4) An identification and discussion of any TIVITIES DEFINED.—For purposes of this section, terials Stock Piling Act (50 U.S.C. 98h) for the other matter that adversely affects the ability to the term ‘‘DOE environmental management ac- authorized uses of such funds under subsection accurately determine the matters covered by the tivities’’ means environmental restoration and (b)(2) of such section, including the disposal of certification. waste management activities of the Department hazardous materials that are environmentally (5) In the case of a report submitted by the of Energy in carrying out programs necessary sensitive. head of a national security laboratory, the find- for national security. (b) ADDITIONAL OBLIGATIONS.—The National ings and recommendations submitted by the SEC. 3152. REPORT ON STATUS OF ENVIRON- Defense Stockpile Manager may obligate ‘‘red teams’’ under subsection (c) that relate to MENTAL MANAGEMENT INITIATIVES amounts in excess of the amount specified in such certification, and a discussion of those TO ACCELERATE THE REDUCTION OF subsection (a) if the National Defense Stockpile findings and recommendations. ENVIRONMENTAL RISKS AND CHAL- Manager notifies Congress that extraordinary or (6) In the case of a report submitted by the LENGES POSED BY THE LEGACY OF THE COLD WAR. emergency conditions necessitate the additional head of a national security laboratory, a discus- (a) REPORT REQUIRED.—The Secretary of En- obligations. The National Defense Stockpile sion of the relative merits of other weapon types ergy shall prepare a report on the status of Manager may make the additional obligations that could accomplish the mission of the weapon those environmental management initiatives described in the notification after the end of the type covered by such certification. specified in subsection (b) that are being under- 45-day period beginning on the date on which (e) CLASSIFIED FORM.—Each submission re- taken to accelerate the reduction of the environ- Congress receives the notification. quired by this section shall be made only in clas- IMITATIONS.—The authorities provided by mental risks and challenges that, as a result of (c) L sified form. this section shall be subject to such limitations the legacy of the Cold War, are faced by the De- as may be provided in appropriations Acts. SEC. 3145. PLAN FOR ACHIEVING ONE-YEAR READ- partment of Energy, contractors of the Depart- INESS POSTURE FOR RESUMPTION ment, and applicable Federal and State agencies TITLE XXXIV—NAVAL PETROLEUM BY THE UNITED STATES OF UNDER- RESERVES GROUND NUCLEAR WEAPONS TESTS. with regulatory jurisdiction. (b) CONTENTS.—The report shall include the SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. (a) PLAN REQUIRED.—The Secretary of En- ergy, in consultation with the Administrator for following matters: (a) AMOUNT.—There are hereby authorized to (1) A discussion of the progress made in reduc- Nuclear Security, shall prepare a plan for be appropriated to the Secretary of Energy ing such risks and challenges in each of the fol- achieving, not later than one year after the date $21,069,000 for fiscal year 2003 for the purpose of lowing areas: on which the plan is submitted under subsection carrying out activities under chapter 641 of title (A) Acquisition strategy and contract manage- (c), a one-year readiness posture for resumption 10, United States Code, relating to the naval pe- ment. troleum reserves. by the United States of underground nuclear (B) Regulatory agreements. weapons tests. (b) PERIOD OF AVAILABILITY.—Funds appro- (C) Interim storage and final disposal of high- priated pursuant to the authorization of appro- (b) DEFINITION.—For purposes of this section, level waste, spent nuclear fuel, transuranic a one-year readiness posture for resumption by priations in subsection (a) shall remain avail- waste, and low-level waste. able until expended. the United States of underground nuclear weap- (D) Closure and transfer of environmental re- TITLE XXXV—MARITIME ADMINISTRATION ons tests is achieved when the Department of mediation sites. Energy has the capability to resume such tests, (E) Achievements in innovation by contractors SEC. 3501. AUTHORIZATION OF APPROPRIATIONS if directed by the President to resume such tests, of the Department with respect to accelerated FOR FISCAL YEAR 2003. not later than one year after the date on which risk reduction and cleanup. Funds are hereby authorized to be appro- the President so directs. (F) Consolidation of special nuclear materials priated for fiscal year 2003, to be available with- (c) REPORT.—The Secretary shall include with and improvements in safeguards and security. out fiscal year limitation if so provided in ap- the budget justification materials submitted to (2) An assessment of the progress made in propriations Acts, for the use of the Department Congress in support of the Department of En- streamlining risk reduction processes of the en- of Transportation for the Maritime Administra- ergy budget for fiscal year 2004 (as submitted vironmental management program of the De- tion as follows: with the budget of the President under section partment. (1) For expenses necessary for operations and 1105(a) of title 31, United States Code) a report (3) An assessment of the progress made in im- training activities, $93,132,000. on the plan required by subsection (a). The re- proving the responsiveness and effectiveness of (2) For expenses under the loan guarantee port shall include the plan and a budget for im- the environmental management program of the program authorized by title XI of the Merchant plementing the plan. Department. Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), $54,126,000, of which— Subtitle D—Matters Relating to Defense (4) Any proposals for legislation that the Sec- (A) $50,000,000 is for the cost (as defined in Environmental Management retary considers necessary to carry out such ini- tiatives, including the justification for each section 502(5) of the Federal Credit Reform Act SEC. 3151. DEFENSE ENVIRONMENTAL MANAGE- of 1990 (2 U.S.C. 661a(5))) of loan guarantees MENT CLEANUP REFORM PROGRAM. such proposal. (c) INITIATIVES COVERED.—The environmental under the program; and (a) PROGRAM REQUIRED.—From funds made management initiatives referred to in subsection (B) $4,126,000 is for administrative expenses available pursuant to section 3102(a)(2) for de- related to loan guarantee commitments under fense environmental management cleanup re- (a) are the initiatives arising out of the report titled ‘‘Top-to-Bottom Review of the Environ- the program. form, the Secretary of Energy shall carry out a (3) For expenses to dispose of obsolete vessels mental Management Program’’ and dated Feb- program to reform DOE environmental manage- in the National Defense Reserve Fleet, including ruary 4, 2002, with respect to the environmental ment activities. In carrying out the program, the provision of assistance under section 7 of Public restoration and waste management activities of Secretary shall allocate, to each site for which Law 92–402 (as amended by this title), the Department of Energy in carrying out pro- the Secretary has submitted to the congressional $20,000,000. defense committees a site performance manage- grams necessary for national security. (d) SUBMISSION OF REPORT.—On the date on SEC. 3502. AUTHORITY TO CONVEY VESSEL USS ment plan, the amount of those funds that such which the budget justification materials in sup- SPHINX (ARL–24). plan requires. port of the Department of Energy budget for fis- (a) IN GENERAL.—Notwithstanding any other (b) TRANSFER AND MERGER OF FUNDS.—Funds cal year 2004 (as submitted with the budget of law, the Secretary of Transportation may con- so allocated shall, notwithstanding section 3124, the President under section 1105(a) of title 31, vey the right, title, and interest of the United be transferred to the account for DOE environ- United States Code) are submitted to Congress, States Government in and to the vessel USS mental management activities and, subject to the Secretary shall submit to the congressional SPHINX (ARL–24), to the Dunkirk Historical subsection (c), shall be merged with and be defense committees the report required by sub- Lighthouse and Veterans Park Museum (a not- available for the same purposes and for the section (a). for-profit corporation, in this section referred to same period as the funds available in such ac- as the ‘‘recipient’’) for use as a military mu- count. The authority provided by section 3129 TITLE XXXII—DEFENSE NUCLEAR seum, if— shall apply to funds so transferred. FACILITIES SAFETY BOARD (1) the recipient agrees to use the vessel as a (c) LIMITATION ON USE OF ALL MERGED SEC. 3201. AUTHORIZATION. nonprofit military museum; FUNDS.—Upon a transfer and merger of funds There are authorized to be appropriated for (2) the vessel is not used for commercial trans- under subsection (b), all funds in the merged ac- fiscal year 2003, $19,000,000 for the operation of portation purposes; count that are available with respect to the site the Defense Nuclear Facilities Safety Board (3) the recipient agrees to make the vessel may be used only to carry out the site perform- under chapter 21 of the Atomic Energy Act of available to the Government when the Secretary ance management plan for such site. 1954 (42 U.S.C. 2286 et seq.). requires use of the vessel by the Government;

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00091 Fmt 4634 Sfmt 6333 E:\CR\FM\A09MY7.030 pfrm15 PsN: H09PT1 H2328 CONGRESSIONAL RECORD — HOUSE May 9, 2002 (4) the recipient agrees that when the recipi- necessary to justify and document the assist- announces from the floor a request to ent no longer requires the vessel for use as a ance; and that effect. military museum— ‘‘(2) may require a State receiving such assist- AMENDMENTS EN BLOC OFFERED BY MR. STUMP (A) the recipient will, at the discretion of the ance to comply with terms and conditions nec- Secretary, reconvey the vessel to the Govern- essary to protect the environment and the inter- Mr. STUMP. Mr. Chairman, I offer ment in good condition except for ordinary wear ests of the United States.’’. amendments en bloc consisting of the and tear; or (b) CONFORMING AMENDMENT.—Section 4(4) of following amendments printed in part (B) if the Board of Trustees of the recipient such Act (16 U.S.C. 1220a(4)) is amended by in- B of House Report 107–450: amendment has decided to dissolve the recipient according serting ‘‘(except for any financial assistance No. 11, amendment No. 12, amendment to the laws of the State of New York, then— provided under section 7)’’ after ‘‘at no cost to No. 13, amendment No. 14, amendment (i) the recipient shall distribute the vessel, as the Government’’. No. 16, amendment No. 17, amendment an asset of the recipient, to a person that has SEC. 3504. INDEPENDENT ANALYSIS OF TITLE XI been determined exempt from taxation under the INSURANCE GUARANTEE APPLICA- No. 18, amendment No. 19, amendment provisions of section 501(c)(3) of the Internal TIONS. No. 20, amendment No. 22 offered by Revenue Code, or to the Federal Government or Section 1104A of the Merchant Marine Act, the gentleman from Arkansas (Mr. a State or local government for a public pur- 1936 (46 App. U.S.C. 1274) is amended— SNYDER), amendment No. 23, amend- pose; and (1) by adding at the end of subsection (d) the ment No. 24, and amendment No. 22 of- (ii) the vessel shall be disposed of by a court following: fered by the gentleman from Kansas ‘‘(4) The Secretary may obtain independent of competent jurisdiction of the county in which (Mr. TIAHRT). the principal office of the recipient is located, analysis of an application for a guarantee or commitment to guarantee under this title.’’; and The CHAIRMAN. The Clerk will des- for such purposes as the court shall determine, ignate the amendments en bloc. or to such organizations as the court shall de- (2) in subsection (f) by inserting ‘‘(including termine are organized exclusively for public pur- for obtaining independent analysis under sub- The text of the amendments en bloc poses; section (d)(4))’’ after ‘‘applications for a guar- is as follows: (5) the recipient agrees to hold the Govern- antee’’. Amendment No. 11 offered by Mr. ment harmless for any claims arising from expo- The CHAIRMAN. No amendment to CULBERSON: sure to asbestos after conveyance of the vessel, the committee amendment in the na- At the end of title X (page 218, after line except for claims arising from use by the Gov- ture of a substitute is in order except 15), insert the following new section: ernment under paragraph (3) or (4); and SEC. ll. USE FOR LAW ENFORCEMENT PUR- those printed in House Report 107–450 POSES OF DNA SAMPLES MAIN- (6) the recipient has available, for use to re- and amendments en bloc described in store the vessel, in the form of cash, liquid as- TAINED BY DEPARTMENT OF DE- sets, or a written loan commitment, financial re- section 3 of House Resolution 415. FENSE FOR IDENTIFICATION OF HUMAN REMAINS. sources of at least $100,000. Except as specified in section 4 of the (a) IN GENERAL.—Chapter 80 of title 10, (b) DELIVERY OF VESSEL.—If a conveyance is resolution, each amendment printed in the report shall be considered only in United States Code, is amended by adding at made under this Act, the Secretary shall deliver the end the following new section: the vessel at the place where the vessel is lo- the order printed, may be offered only ‘‘§ 1566. DNA samples maintained for identi- cated on the date of enactment of this Act, in its by a Member designated in the report, present condition, without cost to the Govern- fication of human remains: use for law en- shall be considered read, and shall not forcement purposes ment. be subject to a demand for a division of (c) OTHER UNNEEDED EQUIPMENT.—The Sec- ‘‘(a) COMPLIANCE WITH COURT ORDER.—(1) retary may also convey any unneeded equip- the question. Subject to paragraph (2), if a valid order of a ment from other vessels in the National Defense Unless otherwise specified in the re- Federal court (or military judge) so requires, Reserve Fleet in order to restore the USS port, each amendment printed in the an element of the Department of Defense SPHINX (ARL–24) to museum quality. report shall be debatable for 10 min- that maintains a repository of DNA samples (d) RETENTION OF VESSEL IN NDRF.—The Sec- utes, equally divided and controlled by for the purpose of identification of human re- retary shall retain in the National Defense Re- the proponent and an opponent, and mains shall make available, for the purpose serve Fleet the vessel authorized to be conveyed shall not be subject to amendment, ex- specified in subsection (b), such DNA sam- ples on such terms and conditions as such under subsection (a), until the earlier of— cept as specified in the report and ex- (1) 2 years after the date of the enactment of court (or military judge) directs. this Act; or cept that the chairman and ranking ‘‘(2) A DNA sample with respect to an indi- (2) the date of conveyance of the vessel under minority member of the Committee on vidual shall be provided under paragraph (1) subsection (a). Armed Services each may offer one pro in a manner that does not compromise the SEC. 3503. FINANCIAL ASSISTANCE TO STATES forma amendment for the purpose of ability of the Department of Defense to FOR PREPARATION OF TRANS- further debate on any pending amend- maintain a sample with respect to that indi- FERRED OBSOLETE SHIPS FOR USE ment. vidual for the purpose of identification of AS ARTIFICIAL REEFS. It shall be in order at any time for human remains. (a) IN GENERAL.—Public Law 92–402 (16 ‘‘(b) COVERED PURPOSE.—The purpose re- U.S.C. 1220 et seq.) is amended by redesignating the chairman of the Committee on ferred to in subsection (a) is the purpose of section 7 as section 8, and by inserting after sec- Armed Services or his designee to offer an investigation or prosecution of a felony, tion 6 the following: amendments en bloc consisting of or any sexual offense, for which no other ‘‘SEC. 7. FINANCIAL ASSISTANCE TO STATE TO amendments printed in part B of the source of DNA information is available. PREPARE TRANSFERRED SHIP. report not earlier disposed of or ger- ‘‘(c) DEFINITION.—In this section, the term ‘‘(a) ASSISTANCE AUTHORIZED.—The Sec- mane modifications of any such ‘DNA sample’ has the meaning given such term in section 1565(c) of this title.’’. retary, subject to the availability of appropria- amendment. tions, may provide, to any State to which an ob- (b) CLERICAL AMENDMENT.—The table of Amendments en bloc shall be consid- sections at the beginning of such chapter is solete ship is transferred under this Act, finan- ered read, except that modifications cial assistance to prepare the ship for use as an amended by adding at the end the following artificial reef, including for— shall be reported, shall be debatable for new item: ‘‘(1) environmental remediation; 40 minutes, equally divided and con- ‘‘§ 1566. DNA samples maintained for identi- ‘‘(2) towing; and trolled by the chairman and ranking fication of human remains: use for law en- ‘‘(3) sinking. minority member or their designees, forcement purposes.’’. ‘‘(b) AMOUNT OF ASSISTANCE.—The Secretary shall not be subject to amendment, and Amendment No. 12 offered by Mrs. JO ANN shall determine the amount of assistance under shall not be subject to a demand for di- DAVIS of Virginia: this section with respect to an obsolete ship vision of the question. At the end of title X (page 218, after line based on— The original proponent of an amend- 15), insert the following new section: ‘‘(1) the total amount available for providing SEC. ll. SENSE OF CONGRESS CONCERNING assistance under this section; ment included in the amendments en AIRCRAFT CARRIER FORCE STRUC- ‘‘(2) the benefit achieved by providing assist- bloc may insert a statement in the TURE. ance for that ship; and CONGRESSIONAL RECORD immediately (a) FINDINGS.—Congress makes the fol- ‘‘(3) the cost effectiveness of disposing of the before disposition of the amendments lowing findings: ship by transfer under this Act and provision of en bloc. (1) The aircraft carrier has been an inte- assistance under this section, compared to other The Chairman of the Committee of gral component in Operation Enduring Free- disposal options for the vessel. the Whole may recognize for consider- dom and in the homeland defense mission be- ‘‘(c) TERMS AND CONDITIONS.—The Sec- ginning on September 11, 2001. The aircraft retary— ation of any amendment out of the carriers that have participated in Operation ‘‘(1) shall require a State seeking assistance order printed, but not sooner than 1 Enduring Freedom, as of May 1, 2002, are the under this section to provide cost data and other hour after the chairman of the Com- USS Enterprise (CVN–65), the USS Carl Vin- information determined by the Secretary to be mittee on Armed Services or a designee son (CVN–70), the USS Kitty Hawk (CV–63),

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.030 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2329

the USS Theodore Roosevelt (CVN–71), the ‘‘(i) DURATION OF BASE NAVY-MARINE CORPS (e) ADDITIONAL TERMS AND CONDITIONS.— USS John C. Stennis (CVN–74), and the USS INTRANET CONTRACT.—Notwithstanding sec- The Secretary may require such additional John F. Kennedy (CV–67). The aircraft car- tion 2306c of title 10, United States Code, the terms and conditions in connection with the riers that have participated in the homeland base contract of the Navy-Marine Corps conveyance under subsection (a) as the Sec- defense mission are the USS George Wash- Intranet contract may have a term in excess retary considers appropriate to protect the ington (CVN–73), the USS John F. Kennedy of five years, but not more than seven interests of the United States. (CV–67), and the USS John C. Stennis (CVN– years.’’. Amendment No. 19 offered by Mr. SAXTON: 74). Amendment No. 16 offered by Mr. At the end of title X (page 218, after line (2) Since 1945, the United States has built MANZULLO: 15), insert the following new section: 172 bases overseas, of which only 24 are cur- At the end of title VIII (page 174, after line SEC. ll. SURFACE COMBATANT INDUSTRIAL rently in use. 5), add the following new section: BASE. (3) The aircraft carrier provides an inde- SEC. ll. RENEWAL OF CERTAIN PROCUREMENT (a) REVIEW.—The Secretary of Defense pendent base of operations should no land TECHNICAL ASSISTANCE COOPERA- shall conduct a review of the effect of the base be available for aircraft. TIVE AGREEMENTS AT FUNDING contract award announced on April 29, 2002, LEVELS AT LEAST SUFFICIENT TO for the lead design agent for the DD(X) ship (4) The aircraft carrier is an essential com- SUPPORT EXISTING PROGRAMS. ponent of the Navy. program on the industrial base for ship com- Section 2413 of title 10, United States Code, bat system development, including the in- (5) Both the F/A–18E/F aircraft program is amended by adding at the end the fol- and the Joint Strike Fighter aircraft pro- dustrial base for each of the following: ship lowing new subsection: systems integration, radar, electronic war- gram are proceeding on schedule for deploy- ‘‘(d) With respect to any eligible entity fare, launch systems, and other components. ment on aircraft carriers. that has successfully performed under a co- (b) REPORT REQUIRED.—Not later than (6) As established by the Navy, the United operative agreement entered into under sub- March 31, 2003, the Secretary shall submit to States requires the service of 15 aircraft car- section (a), the Secretary shall strive, to the the congressional defense committees a re- riers to completely fulfill all the naval com- greatest extent practicable and subject to port based on the review under subsection mitments assigned to it without gapping car- appropriations, to renew such agreement (a). The report shall provide the Secretary’s rier presence. with such entity at a level of funding which assessment of the effect of that contract (7) The Navy requires, at a minimum, at is at least equal to the level of funding under award on the ship combat system technology least 12 carriers to accomplish its current the cooperative agreement being renewed.’’. and industrial base and shall describe any missions. Amendment No. 17 offered by Mr. ORTIZ: (b) SENSE OF CONGRESS.—It is the sense of At the end of subtitle B of title I (page 21, actions that the Secretary proposes to en- Congress that the number of aircraft carriers after line 20), insert the following new sec- sure future competition across the array of of the Navy in active service should not be tion: technologies that encompass the combat sys- tems of future surface ships, including the less than 12. SEC. ll. PROHIBITION ON ACQUISITION OF (c) COMMENDATION OF CREWS.—Congress CHAMPION-CLASS, T-5 FUEL TANK- next generation cruiser (CG(X)), the littoral hereby commends the crews of the aircraft ERS. combat ship (LCS), and the joint command carriers that have participated in Operation (a) PROHIBITION.—Except as provided in ship (JCC(X)). Enduring Freedom and the homeland defense subsection (b), a Champion-class fuel tanker, Amendment No. 20 offered by Mr. SCHROCK: mission. known as a T-5, which features a double hull At the end of subtitle A of title XXVIII Amendment No. 13 offered by Mr. FARR of and reinforcement against ice damage, may (page 292, after line 7), insert the following California: not be acquired for the Military Sealift Com- new section: At the end of title X (page 218, after line mand or for other Navy purposes. SEC. ll. PILOT HOUSING PRIVATIZATION AU- 15), insert the following new section: THORITY FOR ACQUISITION OR CON- (b) TERMINATION.—The prohibition in sub- SEC. ll. ENHANCED AUTHORITY TO OBTAIN STRUCTION OF MILITARY UNACCOM- section (a) shall not apply if the acquisition PANIED HOUSING. FOREIGN LANGUAGE SERVICES of a T-5 tanker is specifically authorized in a DURING PERIODS OF EMERGENCY. (a) IN GENERAL.—(1) Subchapter IV of chap- defense authorization Act that— (a) NATIONAL FOREIGN LANGUAGE SKILLS ter 169 of title 10, United States Code, is (1) is enacted after the date of the enact- REGISTRY.—(1) The Secretary of Defense may amended by inserting after section 2881 the establish and maintain a secure data reg- ment of this Act; following new section: (2) specifically refers to subsection (a); and istry to be known as the ‘‘National Foreign ‘‘§ 2881a. Pilot projects for acquisition or con- Language Skills Registry’’. The data reg- (3) specifically states that the prohibition in such subsection does not apply. struction of military unaccompanied hous- istry shall consist of the names of, and other ing pertinent information on, linguistically Amendment No. 18 offered by Mr. PALLONE: Page 312, after line 15, insert the following ‘‘(a) PILOT PROJECTS AUTHORIZED.—The qualified United States citizens and perma- new section: Secretary of the Navy may carry out not nent resident aliens who state that they are more than 3 pilot projects under the author- willing to provide linguistic services in SEC. 2826. LAND CONVEYANCE, FORT MON- MOUTH, NEW JERSEY. ity of this section or another provision of times of emergency designated by the Sec- (a) CONVEYANCE AUTHORIZED.—The Sec- this subchapter to use the private sector for retary of Defense to assist the Department of retary of the Army may convey by sale all the acquisition or construction of military Defense and other Departments and agencies right, title, and interest of the United States unaccompanied housing in the United of the United States with translation and in- in and to a parcel of land, consisting of ap- States, including any territory or possession terpretation in languages designated by the proximately 63.95 acres of military family of the United States. Secretary of Defense as critical languages. ‘‘(b) ASSIGNMENT OF MEMBERS AND BASIC (2) The name of a person may be included housing known as Howard Commons, that ALLOWANCE FOR HOUSING.—(1) The Secretary in the Registry only if the person expressly comprises a portion of Fort Monmouth, New of the Navy may assign members of the agrees for the person’s name to be included Jersey. (b) COMPETITIVE BID REQUIREMENT.—The armed forces to housing units acquired or in the Registry. Any such agreement shall be Secretary shall use competitive procedures constructed under the pilot projects, and made in such form and manner as may be such housing units shall be considered as specified by the Secretary. for the sale authorized by subsection (a). (c) CONSIDERATION.—As consideration for (b) AUTHORITY TO ACCEPT VOLUNTARY quarters of the United States or a housing the conveyance authorized under subsection TRANSLATION AND INTERPRETATION SERV- facility under the jurisdiction of a uniformed (a), the recipient of the land shall pay an ICES.—Section 1588(a) of title 10, United service for purposes of section 403 of title 37. States Code, is amended by adding at the end amount that is no less than fair market ‘‘(2) Notwithstanding section 403(n)(2) of the following new paragraph: value, as determined by the Secretary. Such title 37, the Secretary of Defense may set ‘‘(6) Language translation and interpreta- recipient may, as in-kind consideration, specific higher rates of partial basic allow- tion services.’’. build replacement military family housing ance for housing for a member of the armed Amendment No. 14 offered by Mr. HEFLEY: or rehabilitate existing military family forces who is assigned to a housing unit ac- Strike section 351 (page 68, beginning line housing at Fort Monmouth, New Jersey, as quired or constructed under the pilot 2), and insert the following new section: agreed upon by the Secretary. Any proceeds projects. Any increase in the rate of partial SEC. 351. AUTHORIZED DURATION OF BASE CON- received by the Secretary not used to con- basic allowance for housing to accommodate TRACT FOR NAVY-MARINE CORPS struct or rehabilitate such military family the pilot programs shall be in addition to INTRANET. housing shall be deposited in the special ac- any partial basic allowance for housing that Section 814 of the Floyd D. Spence Na- count in the Treasury established pursuant the member may otherwise be eligible to re- tional Defense Authorization Act for Fiscal to section 204(h) of the Federal property and ceive under section 403(n) of title 37. A mem- Year 2001, as enacted into law by Public Law Administrative Services Act of 1949 (40 ber may not sustain a reduction in partial 106–398 (114 Stat. 1654A–215) and amended by U.S.C. 485(h)). basic allowance for housing as a result of as- section 362 of Public Law 107–107 (115 Stat. (d) DESCRIPTION OF PARCEL.—The exact signment to a housing unit acquired or con- 1065), is amended— acreage and legal description of the parcel to structed under the pilot projects. (1) by redesignating subsection (i) as sub- be conveyed under subsection (a) shall be de- ‘‘(c) FUNDING.—(1) The Department of De- section (j); and termined by a survey that is satisfactory to fense Housing Improvement Fund shall be (2) by inserting after subsection (h) the fol- the Secretary. The cost of the survey shall used to carry out activities under the pilot lowing new subsection (i): be borne by the recipient of the parcel. projects.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.021 pfrm15 PsN: H09PT1 H2330 CONGRESSIONAL RECORD — HOUSE May 9, 2002 ‘‘(2) Subject to 90 days prior notification to (3) in subsection (d)(1)(A), by inserting curement of F–16 aircraft for the Air Force the appropriate committees of Congress, ‘‘and the National Defense University Gift Reserve Command, $14,400,000 shall be avail- such additional amounts as the Secretary of Fund’’ before the semicolon; and able for 36 Litening II modernization upgrade Defense considers necessary may be trans- (4) by adding at the end the following new kits for the F–16 block 25 and block 30 air- ferred to the Department of Defense Housing subsection: craft (rather than for Litening AT pods for Improvement Fund from amounts appro- ‘‘(h) In this section, the term ‘National De- such aircraft). priated for construction of military unac- fense University’ includes any school or Page 65, line 11, strike ‘‘$30,00,000’’ and in- companied housing projects in military con- other component of the National Defense sert ‘‘$35,000,000’’. struction accounts. The amounts so trans- University.’’. In section 2811, page 295, after line 11, in- ferred shall be merged with and to be avail- (b) CLERICAL AMENDMENT.—(1) The heading sert the following new subsection (and redes- able for the same purposes and for the same of such section is amended to read as follows: ignate subsequent subsections accordingly): period of time as amounts appropriated di- ‘‘§ 2605. Acceptance of gifts for defense de- ‘‘(e) ACQUISITION OF WATER RIGHTS.—The rectly to the Fund. pendents’ schools and National Defense authority of the Secretary of a military de- ‘‘(d) REPORTS.—(1) The Secretary of the University’’. partment to enter into an agreement under Navy shall transmit to the appropriate com- (2) The item relating to such section in the subsection (a) for the acquisition of real mittees of Congress a report describing— table of sections at the beginning of chapter property (or an interest therein) includes the ‘‘(A) each contract for the acquisition of 151 of such title is amended to read as fol- authority to support the purchase of water military unaccompanied housing that the lows: rights from any available source when nec- Secretary proposes to solicit under the pilot ‘‘2605. Acceptance of gifts for defense depend- essary to support or protect the mission of a projects; ents’ schools and National De- military installation. ‘‘(B) each conveyance or lease proposed fense University.’’. Amendment No. 22 offered by Mr. TIAHRT: under section 2878 of this title in furtherance Amendment No. 23 offered by Mr. SPRATT: At the end of subtitle B of title X (page 209, of the pilot projects; and At the end of title XI (page 222, after line after line 25), insert the following new sec- ‘‘(C) the proposed partial basic allowance 3), insert the following new section: tion: for housing rates for each contract as they SEC. ll. CERTIFICATION FOR DEPARTMENT OF SEC. ll. LIMITATION ON DURATION OF FUTURE vary by grade of the member and how they DEFENSE PROFESSIONAL ACCOUNT- DEPARTMENT OF DEFENSE REPORT- compare to basic allowance for housing rates ING POSITIONS. ING REQUIREMENTS. for other contracts written under the author- (a) IN GENERAL.—(1) Chapter 81 of title 10, (a) IN GENERAL.—Chapter 23 of title 10, ity of the pilot programs. United States Code, is amended by adding at United States Code, is amended by inserting ‘‘(2) The report shall describe the proposed the end the following new section: after section 480 the following new section: contract, conveyance, or lease and the in- ‘‘§ 1599d. Professional accounting positions: ‘‘§ 480a. Recurring reporting requirements: tended method of participation of the United authority to prescribe certification and cre- five-year limitation States in the contract, conveyance, or lease dential standards ‘‘(a) FIVE-YEAR SUNSET.—Any recurring and provide a justification of such method of ‘‘(a) AUTHORITY TO PRESCRIBE PROFES- congressional defense reporting requirement participation. The report shall be submitted SIONAL CERTIFICATION STANDARDS.—The Sec- that is established by a provision of law en- not later than 90 days before the date on retary of Defense may prescribe professional acted on or after the date of the enactment which the Secretary issues the contract so- certification and credential standards for of the Bob Stump National Defense Author- licitation or offers the conveyance or lease. professional accounting positions within the ization Act for Fiscal Year 2003 (including a ‘‘(e) EXPIRATION.—Notwithstanding section Department of Defense. Any such standard provision of law enacted as part of that Act) 2885 of this title, the authority of the Sec- shall be prescribed as a Department of De- shall cease to be effective, with respect to retary of the Navy to enter into a contract fense regulation. that requirement, at the end of the five-year under the pilot programs shall expire Sep- ‘‘(b) WAIVER AUTHORITY.—The Secretary period beginning on the date on which such tember 30, 2007.’’. may waive any standard prescribed under provision is enacted, except as otherwise pro- (2) The table of sections at the beginning of subsection (a) whenever the Secretary deter- vided by law. such subchapter is amended by inserting mines such a waiver to be appropriate. ‘‘(b) RULE OF CONSTRUCTION.—A provision after the item relating to section 2881 the ‘‘(c) APPLICABILITY.—A standard prescribed of law enacted after the date of the enact- following new item: under subsection (a) shall not apply to any ment of this section may not be considered ‘‘2881a. Pilot projects for acquisition or con- person employed by the Department of De- to supersede the provisions of subsection (a) struction of military unaccom- fense before the standard is prescribed. unless that provision specifically refers to panied housing.’’. ‘‘(d) REPORT.—The Secretary of Defense subsection (a) and specifically states that it shall submit to Congress a report on the Sec- (b) CONFORMING AMENDMENT.—Section supersedes subsection (a). retary’s plans to provide training to appro- 2871(7) of title 10, United States Code, is ‘‘(c) RECURRING CONGRESSIONAL DEFENSE priate Department of Defense personnel to amended by inserting before the period at REPORTING REQUIREMENTS.—In this section, meet any new professional and credential the end the following: ‘‘and transient hous- the term ‘recurring defense congressional re- standards prescribed under subsection (a). ing intended to be occupied by members of porting requirement’ means a requirement Such report shall be prepared in conjunction the armed forces on temporary duty’’. by law for the submission of an annual, semi- with the Director of the Office of Personnel Amendment No. 22 offered by Mr. SNYDER: annual, or other regular periodic report to Management. Such a report shall be sub- At the end of title IX (page 179, after line Congress, or one or more committees of Con- mitted not later than one year after the ef- 21), insert the following new section: gress, that applies only to the Department of fective date of any regulations, or any revi- Defense or to one or more officers of the De- SEC. 9ll. AUTHORITY TO ACCEPT GIFTS FOR sion to regulations, prescribed pursuant to NATIONAL DEFENSE UNIVERSITY. partment of Defense.’’. subsection (a). (a) IN GENERAL.—Section 2605 of title 10, (b) CLERICAL AMENDMENT.—The table of ‘‘(e) DEFINITION.—In this section, the term sections at the beginning of such chapter is United States Code, is amended— ‘professional accounting position’ means a (1) in subsection (a)— amended by inserting after the item relating position or group of positions in the GS–510, to section 480 the following new item: (A) by inserting ‘‘(1)’’ after ‘‘administra- GS–511, and GS–505 series that involves pro- tion of’’; and ‘‘480a. Recurring reporting requirements: fessional accounting work.’’. five-year limitation.’’. (B) by inserting before the period at the (2) The table of sections at the beginning of end of the first sentence ‘‘, or (2) the Na- such chapter is amended by adding at the The CHAIRMAN. Pursuant to House tional Defense University’’; end the following new item: Resolution 415, the gentleman from Ar- (2) in subsection (b)— ‘‘1599d. Professional accounting positions: izona (Mr. STUMP) and the gentleman (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; authority to establish certifi- from Missouri (Mr. SKELTON) each will (B) by striking ‘‘subsection (a)’’ and insert- cation and credential stand- control 20 minutes. ing ‘‘subsection (a)(1)’’; ards.’’. The Chair recognizes the gentleman (C) by designating the last sentence as (b) EFFECTIVE DATE.—Standards estab- paragraph (3) and in that sentence by insert- from Arizona (Mr. STUMP). lished pursuant to section 1599d of title 10, Mr. STUMP. Mr. Chairman, I yield ing ‘‘or for the benefit or use of the National United States Code, as added by subsection Defense University, as the case may be,’’ (a), may take effect no sooner than 120 days myself such time as I may consume. after ‘‘schools,’’; and after the date of the enactment of this Act. This en bloc amendment has been (D) by inserting before paragraph (3), as Amendment No. 24 offered by Mr. STUMP: crafted in full consultation with the designated by subparagraph (C), the fol- At the end of subtitle C of title I (page 23, committee’s ranking Democrat, the lowing: after line 5), insert the following new sec- gentleman from Missouri (Mr. SKEL- ‘‘(2) There is established in the Treasury a tion: TON), and includes the part B amend- fund to be known as the ‘National Defense SEC. ll. REALLOCATION OF CERTAIN FUNDS ments as reported by the Committee on University Gift Fund’. Gifts of money, and FOR AIR FORCE RESERVE COMMAND the proceeds of the sale of property, received F–16 AIRCRAFT PROCUREMENT. Rules offered by the following Mem- under subsection (a)(2) shall be deposited in Of the funds authorized to be appropriated bers: the gentleman from Texas (Mr. the Fund.’’; by section 103(1) that are available for pro- CULBERSON), the gentlewoman from

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.036 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2331 Virginia (Mrs. JO ANN DAVIS), the gen- price of them being gone so much, but throughout the Federal Government tleman from California (Mr. FARR), the that is only half the story. The other and certainly in the Department that gentleman from Colorado (Mr. half of the story, Mr. Chairman, is the has the largest budget. HEFLEY), the gentleman from Illinois fact that the morale is sky high, that I asked him to send me legislation of (Mr. MANZULLO), the gentleman from they know why they are there, that what he would like to have in the way Texas (Mr. ORTIZ), the gentleman from they are supporting the men and of professional qualifications, certifi- New Jersey (Mr. PALLONE), the gen- women of the United States of Amer- cation, what he could reasonably re- tleman from New Jersey (Mr. SAXTON), ica; and I think all of us should add a quire for those who worked in the De- the gentleman from Virginia (Mr. special note of pride and appreciation partment of the Controller. He sent me SCHROCK), the gentleman from Arkan- to them. some legislation, and we made a few sas (Mr. SNYDER), the gentleman from So I take this means while we are minor revisions to it. We made some South Carolina (Mr. SPRATT), the gen- discussing these en bloc amendments, revisions primarily to make it prospec- tleman from Kansas (Mr. TIAHRT) and which we, of course, have no objection tive instead of retrospective so that no- myself. to, to say that added word in honor and body loses his job because he does not I would like to thank all those Mem- in recognition of our young folks who meet these new qualifications or these bers for their work in putting this en represent the United States of America new certifications. Secondly, we bloc amendment together and for their in uniform. worked with the American Federation cooperation in allowing us to consider Mr. Chairman, I reserve the balance of Government Employees to make them in this fashion. of my time. sure that they were satisfied with the Mr. Chairman, I reserve the balance Mr. STUMP. Mr. Chairman, I yield 1 proposal we have got. of my time. minute to the gentleman from Illinois This amendment is just a crucial Mr. SKELTON. Mr. Chairman, I yield (Mr. KIRK). first step to helping the Department of myself such time as I may consume. Mr. KIRK. Mr. Chairman, I thank the Defense improve their abilities in the Let me take this opportunity to thank gentleman from Arizona (Mr. STUMP) area of financial management and the chairman for his work on the en and the gentleman from Missouri (Mr. their ability to track and account for bloc amendments. I might say, Mr. SKELTON) for including the Tiahrt the funding that Congress provides. Chairman, that we have reviewed each amendment language in the en bloc. The heart and soul, obviously, of any of the proposed en bloc amendments, This sunsets many unneeded reports accounting system is the people it em- that we agree to the submission there- after 5 years. ploys. This will enable the Department of and the passage thereof, and that The bill already contains the Tiahrt- to raise the level, raise the bar in the they should all be supported by the Kirk language ending 20 unneeded re- qualifications for people who are at- Members of this body. ports that were previously required by Let me take just a moment in addi- tracted and hired in the Department of law. Our effort is the first fruit of Sec- tion thereto, Mr. Chairman. Part of our Defense for financial management. retary Rumsfeld’s tooth-to-tail effort duties as members of the Committee on It is my understanding that the Com- to increase the amount of effort we Armed Services besides having hear- mittee on Government Reform has also have on the front line by decreasing ings and having the briefings and doing vetted this legislation and supports it unneeded logistic efforts behind the the study here in Washington is to as well. I urge an ‘‘aye’’ vote on the en lines. The Secretary launched this ef- meet with the various members of the bloc amendment. military personnel wherever they may fort on September 10, but we are now Mr. STUMP. Mr. Chairman, I yield 2 be. Not long ago, I was aboard the USS yielding real fruit. minutes to the gentleman from Kansas The current bill language killing Harry S Truman in Norfolk and met (Mr. TIAHRT). unneeded reports is estimated to save Mr. TIAHRT. Mr. Chairman, I want with the officers and men and women to thank the chairman of the Com- of that ship. over 21,000 man-hours inside the Pen- Not long thereafter, I was in San tagon. This effort in the en bloc to sun- mittee on Armed Services for the out- Diego and I went aboard the USS set all reports after 5 years will go a standing work he has done for our Peleliu and visited extensively with long way to focus efforts on the combat armed services. His leadership is going the sailors thereon. By the way, they front line and away from the rear ech- to be greatly missed. We appreciate the had just returned from their duties in elon. job he has done for America. the Indian Ocean. And then I have been I thank the gentleman from Arizona, My amendment, Mr. Chairman, to Little Rock Air Force Base and saw and I thank the gentleman from Mis- would require that future regular re- the extensive training there; to Fort souri for including this in the en bloc. porting requirements imposed on the Campbell, Kentucky; to Whiteman Air Mr. SKELTON. Mr. Chairman, I yield Department of Defense would have a Force base, which is in the State of 2 minutes to the gentleman from South sunset provision of 5 years after enact- Missouri. Carolina (Mr. SPRATT). ment. This would not apply to existing I must tell my colleagues that the Mr. SPRATT. Mr. Chairman, I have reporting requirements and only be ap- young people in American uniform are an amendment included among the en plicable to new reports, including those working hard, that they are dedicated bloc amendments which was specifi- in this bill, H.R. 4546. and that they are professionals and the cally requested by the Department of This amendment serves both Con- purpose of our being here today is to Defense. In fact, the idea for this gress and DOD by ensuring that all fu- give them support. However, it is inter- amendment arose at a breakfast we ture reports are reviewed regularly and esting to note two things. The first is had with Secretary Rumsfeld at which remain relevant and responsive. This is that they are being stretched and there were complaints about limita- endorsed by Secretary of Defense Don- strained in their efforts because there tions on their ability to manage the ald Rumsfeld. This legislation does not are too few in number in many in- Pentagon. One was in the quality of abdicate Congress’ traditional over- stances. This is pointed out by the fact personnel they have for financial man- sight role and will insist that the De- that General Buck Kernan of forces agement, the attraction of personnel partment of Defense remain responsive command down in Norfolk testified not with the requisite qualifications for to congressional requests and questions long ago to the effect that the troops handling a budget that is now ap- about their activities. Those reporting are tired and that they are stretched. proaching $400 billion, the certification requirements deemed useful after 5 Then a week later, the commander of of these qualifications, hiring, firing. years can easily be reauthorized at the our forces in Europe, General Joe Ral- I responded to that by calling Dr. conclusion of the sunset period. Con- ston, testified that there were needs for Dov Zakheim, who is the comptroller versely, Congress must demonstrate re- additional forces and resources in his of the Department of Defense, and tell- sponsibility in its oversight authority jurisdiction. Admiral Dennis Blair, ing him if he had problems like this, we by limiting burdensome and unneces- Commander in Chief of the Pacific, tes- were not going to be stinting about the sary and unending reporting require- tified similarly. cost of professional personnel in the ments. The young men and young women are Department of Defense. We need to In fiscal year 2001, the Department of stretched. Their families are paying a raise the quality of management Defense was required to prepare 983

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.086 pfrm15 PsN: H09PT1 H2332 CONGRESSIONAL RECORD — HOUSE May 9, 2002 various reports to Congress, of which Mr. PLATTS. I yield to the gen- out in the Quadrennial Defense Review. 449 are listed right here in this packet. tleman from New Jersey. The Navy needs, at a minimum, at This is simply a listing and a brief ex- Mr. SAXTON. Mr. Chairman, I thank least 12 aircraft carriers. planation of the 449 reports that are pe- the gentleman. The gentleman is cor- Mr. Chairman, I would strongly en- rennially required by Congress and rect that there is or was insufficient courage all of my colleagues to vote in stipulated year after year. The House funding available to provide for all of support of this en bloc amendment. Committee on Armed Services in con- the military construction and family Mr. SKELTON. Mr. Chairman, I yield junction with the Department of De- housing improvements that are needed 2 minutes to the gentleman from Vir- fense has carefully examined these 449 across our military. I might add that ginia (Mr. SCOTT). reports and determined that only 20 we have tried to increase the amount Mr. SCOTT. Mr. Chairman, I thank out of the 449 were redundant, outdated of money available for this purpose the gentleman for yielding me this or no longer relevant enough and and, in fact, we were able to add some time. should be terminated. money to the request that we received I would like to rise in support of the Since it is unlikely that Congress from the Department of Defense. I wish amendment of the gentlewoman from will be unable to significantly reduce that we could have done more, and I Virginia. One would not think that the number of existing reports, it is particularly wish we could have taken there would be much controversy about our goal to limit the future ones. Re- care of all family housing needs, as the important role Navy aircraft car- member, each existing and future re- quality-of-life improvements are so im- riers are playing in this very dangerous port is an unfunded and unprogrammed portant and necessary in today’s volun- world. Indeed, if we want to follow the mandate that has proven extremely teer service. war on terrorism on a daily basis, it is difficult to eliminate. The cumulative I agree that family housing at Car- difficult to read a newspaper article or effect of these required reports is high- lisle Barracks is among those housing see television coverage that does not ly burdensome and costly. Limiting projects that must be replaced, and I mention what our carriers are doing to these requirements in the future will assure the gentleman that any request keep fighting that remains away from allow the military staff to concentrate by the Army for new family housing at our shores. No less than 8 carriers have more fully on their primary mission of Carlisle will receive careful consider- been involved in Operation Enduring national security. ation by my subcommittee in the next Freedom or patrolling our own shores year. in the name of homeland security since b 1500 Family housing is an important pri- Mr. STUMP. Mr. Chairman, I yield 4 September 11. ority and has always received the sub- This amendment also reaffirms our minutes to the gentleman from Penn- committee’s full support. I thank the support for a fleet of no less than 12 sylvania (Mr. PLATTS) for the purposes gentleman for bringing this important carriers, the absolute minimum nec- of a colloquy. matter to our attention, and I look for- essary to sustain coverage in the Mr. PLATTS. Mr. Chairman, I first ward to working with him on it in the would like to add my words of thanks oceans around the hot spots in the next Congress. world. The underlying bill restores and praise to the gentleman from Ari- Mr. PLATTS. Mr. Chairman, reclaim- both the funding and the original pro- zona (Mr. STUMP) for his fine leadership ing my time, I thank the gentleman for gram of record for the next generation for the Committee on Armed Services his interest and support on this issue, of aircraft carriers, CVNX program, and doing right by our armed men and and I also look forward to working and for that, Mr. Chairman, I am truly women in uniform. with him, and I thank him for his fine grateful. I rise for the purpose now of engaging leadership. in a colloquy with the gentleman from Mr. STUMP. Mr. Chairman, I yield 2 Those of us who have had the privi- lege of representing Hampton Roads in New Jersey (Mr. SAXTON), the chair- minutes to the gentlewoman from Vir- Virginia, where carriers are built and man of the Subcommittee on Military ginia (Mrs. JO ANN DAVIS). Installations and Facilities of the Com- Mrs. JO ANN DAVIS of Virginia. Mr. many home-ported, we see on a daily mittee on Armed Services. Chairman, today I rise to support the basis the service and sacrifice made by Mr. SAXTON. Mr. Chairman, will the en bloc amendment containing a Sense these brave men and women and their gentleman yield? of Congress on Aircraft Carrier Force families they leave behind when they Mr. PLATTS. I yield to the gen- Structure. This amendment would do 2 race off to war. It would be my hope tleman from New Jersey. things. that our action on this amendment Mr. SAXTON. Mr. Chairman, I would First, it would commend the crews of here would reaffirm once again that we be happy to engage in a colloquy with the aircraft carriers that contributed in Congress both recognize and salute the gentleman from the State capital directly to Operation Enduring Free- all of those in the armed services, in- area of Pennsylvania (Mr. PLATTS). dom and the homeland defense mission. cluding those Navy families who re- Mr. PLATTS. Mr. Chairman, as the Many people are aware that our air- main behind as their loved ones are de- gentleman knows, I requested that his craft carriers contributed to our initial ployed on these massive carriers. subcommittee authorize the first phase actions in Operation Enduring Free- Mr. Chairman, I want to congratu- of an important 5-phase project to re- dom, but most people are unaware as late the gentlewoman from Virginia place seriously deteriorated family to the number of carriers and also the (Mrs. JO ANN DAVIS) on offering this housing at the Army War College at incredible effort and number of aircraft amendment, and I urge my colleagues Carlisle Barracks, Pennsylvania, which carriers it took to effect our initial re- to agree to the amendment. is in my district. The first phase is a sponse to the attack on September 11. Mr. STUMP. Mr. Chairman, I yield 4 modest beginning of 27 new units cost- Second, this amendment would rec- minutes to the gentleman from Cali- ing $5.4 million. I understand that ognize the full value and worth that fornia (Mr. HUNTER). there was insufficient money to accom- our carriers have for America’s power Mr. HUNTER. Mr. Chairman, I want modate all Members’ requests, however and force projection capabilities. There to do 2 things. The first is to mention, worthy. However, I have been informed is no doubt that the aircraft carriers and I neglected to mention in my open- that the Army intends to fund this have been integral to our war in Af- ing statement, that the gentleman project in the fiscal year 2004 budget ghanistan. We have all heard the story from Massachusetts (Mr. MEEHAN) has that will be submitted in February of how the USS Enterprise turned been my partner on the Subcommittee 2003. around and went back when the cap- on Military Research and Development Mr. Chairman, this project is sorely tain heard about what was going on. of the Committee on Armed Services, needed, and I ask that the gentleman Every munition and bomb dropped and has done a wonderful job and has support this needed family housing from a carrier air wing has been a pre- helped us to walk this bill through the project when his subcommittee reviews cision-guided munition. The carriers subcommittee mark and the full floor the Army’s military construction re- worked around the clock after the at- mark, and I really appreciate his great quest next year. tacks on September 11. work on this bill. Mr. SAXTON. Mr. Chairman, will the Mr. Chairman, the Sense of Congress I also wanted to talk for just a gentleman yield? expresses a simple truism that is laid minute about an area that I think is

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.088 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2333 pretty important to all of us from an to have this new shoreline presence of (surface ships) now under contract with Ocean environmental standpoint and also reefs that we can provide by sinking Freedom Shipping. These tankers are being from a security standpoint, and that is these ships. used to ship diesel fuel for the Defense En- our reserve fleet of ships, many of So this could be a winner for every- ergy Supply Center. which are in very bad condition, which body, and I look forward to working Under the contract, the Navy has the option presently are at anchor in the James with the gentlewoman from Virginia to buy the tankers. The contract also requires River, and our great colleague, Herb (Mrs. JO ANN DAVIS) on this issue. the Navy to have the purchase authorized and Bateman, worked on this issue for Mr. HORN. Mr. Chairman, there has been appropriated. many years, the idea of trying to take considerable concern that this legislation gives This amendment reinforces for the services care of these ships in an environ- the Department of Defense some limited ex- the procedure for which such policy must past mentally responsible way. It requires a emptions from current environmental laws. Al- muster. This is for the HASC to authorize, not lot of money. It usually requires about though this is a complicated issue and there for the Navy to seek appropriations for alone. $2.5 million per ship if you are going to are legitimate concerns on both sides, I think Mr. STUMP. Mr. Chairman, I have no scrap the ships in an American yard. it is important to keep in mind some simple further requests for time, and I yield You can give them to a foreign entity, facts. Here are a few: back the balance of my time. but you are not really guaranteed that Fact Number One: The Migratory Bird Trea- Mr. SKELTON. Mr. Chairman, I yield that entity is not just going to take ty Act did not interfere with military training in back the balance of my time. the ships out and dump them, complete past wars for a simple reason. The courts The CHAIRMAN. The question is on with PCBs and oil and other materials never applied the act in this way until March the amendments en bloc offered by the in the ocean, thereby creating another of this year—2002—when the U.S. District gentleman from Arizona (Mr. STUMP). environmental problem. Court for the District of Columbia interpreted The amendments en bloc were agreed So we have come up, in working with the Migratory Bird Treaty Act to apply to mili- to. a working group that is headed by the tary readiness activities. This is an important The CHAIRMAN. It is now in order to gentlewoman from Virginia (Mrs. JO and real change in application of the Migratory consider amendment No. 1 printed in ANN DAVIS), very much a part of her Bird Act and we must address it. Navy Carrier part A of House report 107–450. Battle Groups and deploying Marine Corps creation, and the gentleman from Vir- PART A, AMENDMENT NO. 1 OFFERED BY MR. and Air Force squadrons have been blocked ginia (Mr. FORBES) who has a nearby WELDON OF PENNSYLVANIA by court order from using the only U.S. bomb- district and also the gentleman from Mr. WELDON of Pennsylvania. Mr. ing range available to them in the Western Pa- Virginia (Mr. SCHROCK) who has a near Chairman, I offer an amendment. cific. Let’s be clear, our forces deploying to Af- district, we have come up with an idea The CHAIRMAN. The Clerk will des- ghanistan cannot now use the only range suit- of how to make some lemonade out of ignate the amendment. able for training with smart, laser-guided these lemons, and that is to use these The text of the amendment is as fol- weapons, as a result of unprecedented judicial ships in the States where reefs are re- lows: quired and would, in fact, be a benefit interference with military readiness activities. Fact Number Two: There is no Presidential Part A, amendment No. 1 offered by Mr. to those shorelines. WELDON of Pennsylvania: Now, today reefs are used by a num- exemption available under the Migratory Bird Treaty Act. Under the current District Court in- At the end of title X (page 218, after line ber of States to not only protect shore- 15), insert the following new section: terpretation, any military training can be en- lines from erosion, but also to provide SEC. 10ll. ENHANCED COOPERATION BETWEEN great opportunities for fishing enthu- joined and, except through legal appeals, UNITED STATES AND RUSSIAN FED- siasts and also for scuba divers and lots there is no way to continue that vital military ERATION TO PROMOTE MUTUAL SE- CURITY. of other folks who are interested in training. Fact Number Three: There is an exemption (a) STATEMENT OF POLICY.—It is the policy recreation. So we have in our bill, under the Endangered Species Act (ESA) if of the United States to pursue greater co- originally in the mark in our maritime the Secretary of Defense finds it is necessary operation, transparency, and confidence with panel mark, and now in the full bill, a for reasons of national security. That exemp- the Russian Federation regarding nuclear weapons policy, force structure, safeguards, provision that will send some money to tion, however, is better used to address emer- the States as grants from the MARAD testing, and proliferation prevention, as well gencies or unusual, short-term situations. The as nuclear weapons infrastructure, produc- administrator so that they can pay for need to train for combat, to plan and execute towing, cleaning up and ultimately tion, and dismantlement, so as to promote military readiness activities, is a seven day a mutual security, stability, and trust. sinking these ships as reefs in these week, 52 weeks a year requirement. The (b) SENSE OF CONGRESS REGARDING EN- States that would like to have this new young men and women serving in our armed HANCED COOPERATION WITH RUSSIA.—It is the asset along their shorelines. forces need to achieve basic readiness levels sense of Congress that the President of the So I want to thank the gentlewoman and then develop and sustain high levels of United States should continue to engage the from Virginia (Mrs. JO ANN DAVIS) for proficiency. Using statutory exemptions in that President of the Russian Federation to her great work on this and also her col- achieve the following objectives, consistent context is bad public policy. Balancing two with United States national security, in the leagues that she has brought into this public goods—national defense and environ- process, including the gentleman from interest of promoting mutual trust, security, mental conservation—on a daily and long-term and stability: Virginia (Mr. FORBES) and the gen- basis is a function properly vested in the Con- (1) An agreement that would seek to pre- tleman from Virginia (Mr. SCHROCK), gress. vent the illicit use, diversion, theft, or pro- who have a real interest, because they Mr. Chairman, our armed forces are not liferation of tactical nuclear weapons, and have the surrounding districts. seeking a broad, total exemption from all envi- their key components and materials, by— We have already hooked up with ronmental laws and regulations. They are (A) withdrawing deployed nonstrategic nu- some of the sport fishing associations, seeking a balanced, sensible and responsible clear weapons; and we are going to move forward with application of those laws. We must address (B) accounting for, consolidating, and se- this working group and take direction curing the Russian Federation’s nonstrategic this problem in a way that holds the Pentagon nuclear weapons; and from the Members of Congress led by accountable for environmental concerns while the gentlewoman from Virginia (Mrs. (C) dismantling or destroying United also allowing the service to conduct essential States and Russian nonstrategic nuclear JO ANN DAVIS) who have a real interest combat training. This legislation sets the nec- weapons in excess of each nation’s legitimate in this issue because it is in their dis- essary balance and I urge my colleagues to defense needs. tricts. We are going to move forward support it. (2) A reciprocal program of joint visits by with this working group and I think we Mr. ORTIZ. Mr. Chairman, I rise to briefly nuclear weapons scientists and experts of the can find a home for these ships in such describe my amendment to today’s bill . . . it United States and the Russian Federation to a way that we not only take them off is a simple amendment. It merely re-enforces the United States nuclear test site in Ne- our hands and eliminate this prospect for the services that the journey to approval of vada, and the Russian nuclear test site at of the ships sinking in the James River Novya Zemlya. any policy or purchase on their part must trav- (3) A reciprocal program of joint visits and and the pollution that would attend el through the House Armed Services Com- conferences at each nation’s nuclear weapons that. We can not only take those ships mittee. laboratories and nuclear weapons develop- out of inventory, but we can also pro- The genesis of this amendment lies with the ment and production facilities to discuss vide an asset for the States that want Navy’s intention to purchase five T–5 tankers how to improve the safety and security of

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.091 pfrm15 PsN: H09PT1 H2334 CONGRESSIONAL RECORD — HOUSE May 9, 2002 each nation’s nuclear stockpile, nuclear ma- The CHAIRMAN. Pursuant to House Hart McHugh Sanders terials, and nuclear infrastructure. Resolution 415, the gentleman from Hastings (FL) McInnis Sandlin (4) A reciprocal program of joint visits and Hastings (WA) McKeon Sawyer Pennsylvania (Mr. WELDON) and a Hayes McKinney Saxton conferences to explore greater cooperation Member opposed each will control 10 Hayworth McNulty Schiff between the United States and the Russian minutes. Hefley Meehan Schrock Federation with regard to ballistic missile Herger Meek (FL) Scott defenses against intentional, unauthorized, The Chair recognizes the gentleman Hill Meeks (NY) Sensenbrenner and accidental launches of ballistic missiles. from Pennsylvania (Mr. WELDON). Hilliard Menendez Serrano Hinojosa Mica Sessions (5) A joint commission on nonproliferation, MOTION TO RISE OFFERED BY MR. TAYLOR OF composed of senior nonproliferation and in- Hobson Millender- Shadegg MISSISSIPPI Hoeffel McDonald Shaw telligence officials from the United States Hoekstra Miller, Dan Shays and the Russian Federation, to meet regu- Mr. TAYLOR of Mississippi. Mr. Chairman, I move that the Committee Holden Miller, Gary Sherman larly in a closed forum to discuss ways to Hooley Miller, Jeff Sherwood prevent rogue states and potential adver- do now rise. Horn Moore Shimkus saries from acquiring— The CHAIRMAN. The question is on Hostettler Moran (KS) Shuster (A) weapons of mass destruction and bal- the motion to rise offered by the gen- Houghton Moran (VA) Simmons listic missiles; Hoyer Morella Simpson tleman from Mississippi (Mr. TAYLOR). Hulshof Murtha Skeen (B) the dual-use goods, technologies, and The question was taken; and the Hunter Myrick Skelton expertise necessary to develop weapons of Chairman announced that the noes ap- Inslee Nadler Smith (MI) mass destruction and ballistic missiles; and Isakson Neal Smith (NJ) (C) advanced conventional weapons. peared to have it. Israel Ney Smith (TX) (6) A joint program to develop advanced RECORDED VOTE Issa Northup Smith (WA) methods for disposal of weapons-grade nu- Mr. TAYLOR of Mississippi. Mr. Istook Norwood Snyder clear materials excess to defense needs, in- Jackson (IL) Nussle Spratt Chairman, I demand a recorded vote. Jenkins Oberstar Stearns cluding safe, proliferation resistant, ad- A recorded vote was ordered. John Obey Stenholm vanced nuclear fuel cycles that achieve more Johnson (CT) Olver Strickland complete consumption of weapons materials, The vote was taken by electronic de- Johnson (IL) Ortiz Stump and other methods that minimize waste and vice, and there were—ayes 51, noes 356, Jones (NC) Osborne Sullivan hazards to health and the environment. not voting 27, as follows: Kanjorski Otter Sununu Kaptur Oxley Sweeney (7) A joint program to develop methods for [Roll No. 138] safeguarding, treating, and disposing of Keller Pallone Tancredo AYES—51 Kelly Pascrell Tauscher spent reactor fuel and other nuclear waste so Kennedy (RI) Pastor Tauzin Abercrombie Frank Napolitano as to minimize the risk to public health, Kerns Paul Taylor (NC) Baldwin Hinchey Owens property, and the environment, as well as Kildee Payne Terry Becerra Holt Pelosi the possibility of diversion to illicit pur- Kilpatrick Pence Thomas Berry Honda Pomeroy Kind (WI) Peterson (MN) Thompson (CA) poses. Bonior Jefferson Roybal-Allard King (NY) Peterson (PA) Thompson (MS) (8) A joint program, built upon existing Brady (PA) Johnson, E. B. Schakowsky Kingston Petri Thornberry programs, to cooperatively develop advanced Brown (OH) Jones (OH) Shows Kirk Phelps Thune Capuano Kleczka Slaughter methods and techniques for establishing a Knollenberg Pickering Thurman Condit Kucinich Solis state-of-the-art inventory control and moni- Kolbe Pitts Tiahrt Conyers Larson (CT) Stark toring system for nuclear weapons and mate- LaHood Platts Tiberi Cunningham Lee Stupak rial. Lampson Pombo Toomey DeFazio Markey Tanner Langevin Portman Towns (c) REPORT.—No later than March 1, 2003, DeGette McDermott Taylor (MS) Lantos Price (NC) Turner the President shall submit to Congress a re- Delahunt McGovern Tierney Larsen (WA) Pryce (OH) Udall (CO) port (in unclassified or classified form as Dingell McIntyre Visclosky Latham Putnam Udall (NM) Doggett Miller, George Waters necessary) on the status of the objectives LaTourette Quinn Upton Filner Mink Wu under subsection (b). The report shall in- Leach Radanovich Velazquez clude the following: NOES—356 Levin Rahall Vitter (1) A description of the actions taken by Lewis (CA) Ramstad Walden the President to engage the Russian Federa- Ackerman Camp Ehrlich Lewis (KY) Rangel Walsh Aderholt Cantor Emerson Linder Regula Wamp tion to achieve those objectives. Akin Capito Engel (2) A description of the progress made to Lipinski Rehberg Watkins (OK) Allen Capps English LoBiondo Reynolds Watt (NC) achieve those objectives. Andrews Cardin Eshoo Lofgren Rivers Watts (OK) (3) A description of the response of the Armey Carson (IN) Etheridge Lowey Rodriguez Weiner Russian Federation to the actions referred to Baca Carson (OK) Evans Lucas (KY) Roemer Weldon (FL) in paragraph (1). Bachus Castle Everett Lucas (OK) Rogers (KY) Weldon (PA) (4) The President’s assessment of the Rus- Baird Chabot Farr Luther Rogers (MI) Weller Baker Chambliss Fattah Lynch Rohrabacher Wexler sian Federation’s commitment to a better, Baldacci Clay Ferguson closer relationship with the United States Maloney (NY) Ros-Lehtinen Whitfield Ballenger Clayton Flake Manzullo Ross Wicker based on the principles of increased coopera- Barcia Clement Fletcher Mascara Rothman Wilson (NM) tion and transparency. Barr Clyburn Foley Matheson Royce Wilson (SC) At the end of subtitle C of title XXXI (page Barrett Coble Forbes Matsui Rush Wolf 352, after line 24) insert the following new Bartlett Collins Ford McCarthy (MO) Ryan (WI) Woolsey Barton Combest Fossella section: McCarthy (NY) Ryun (KS) Wynn Bass Cooksey Frelinghuysen McCollum Sabo Young (AK) SEC. 3146. CONDITIONS UNDER WHICH PROHIBI- Bentsen Costello Frost McCrery Sanchez Young (FL) TION ON RESEARCH AND DEVELOP- Bereuter Cox Gallegly MENT OF LOW-YIELD NUCLEAR Berkley Coyne Ganske NOT VOTING—27 WEAPONS IS REPEALED. Biggert Cramer Gekas Berman Jackson-Lee Reyes Bilirakis Crenshaw Gephardt (a) PRESIDENTIAL CERTIFICATION.—Sub- Burton (TX) Riley Bishop Crowley Gibbons section (b) shall take effect as of the date on Cannon Johnson, Sam Blagojevich Cubin Gilchrest Roukema Crane Kennedy (MN) which the President submits to Congress the Blumenauer Culberson Gillmor Schaffer Dooley LaFalce President’s certification that— Blunt Cummings Gilman Souder Doolittle Lewis (GA) (1) another nation has conducted a nuclear Boehlert Davis (CA) Gonzalez Traficant Doyle Maloney (CT) Boehner Davis (FL) Goode Watson (CA) test for the purpose of developing new or im- Hall (OH) Mollohan Bonilla Davis (IL) Goodlatte Waxman proved nuclear weapons; Hilleary Nethercutt Bono Davis, Jo Ann Gordon (2) another nation is developing weapons of Hyde Ose mass destruction in underground facilities, Boozman Davis, Tom Goss Borski Deal Graham and such weapons could pose an imminent Boswell DeLauro Granger b 1535 risk to the United States or to United States Boucher DeLay Graves military personnel deployed abroad; or Boyd DeMint Green (TX) Messrs. OLVER, FARR of California, (3) it is in the national security interest of Brady (TX) Deutsch Green (WI) GOSS, BARTON of Texas, HERGER Brown (FL) Diaz-Balart Greenwood the United States that subsection (b) take and Ms. CARSON of Indiana changed effect. Brown (SC) Dicks Grucci Bryant Dreier Gutierrez their vote from ‘‘aye’’ to ‘‘no.’’ (b) REPEAL.—Effective as of the date pro- Burr Duncan Gutknecht Mr. GEORGE MILLER of California vided in subsection (a), section 3136 of the Buyer Dunn Hall (TX) National Defense Authorization Act for Fis- Callahan Edwards Hansen changed his vote from ‘‘no’’ to ‘‘aye.’’ cal Year 1994 (42 U.S.C. 2121 note) is repealed. Calvert Ehlers Harman So the motion to rise was rejected.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.042 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2335 The result of the vote was announced Mr. WELDON of Pennsylvania. Mr. Mr. SPRATT. Mr. Chairman, I am as above recorded. Chairman, I yield myself 4 minutes. not opposed to the amendment, but I PERSONAL EXPLANATION Mr. Chairman, this is a historic day claim the time on my side. Mr. MALONEY of Connecticut. Mr. Speaker, in the House of Representatives as we The CHAIRMAN. Is there objection I was absent on May 9, 2002, and missed roll- consider an amendment that is bipar- to the request of the gentleman from call votes 134, 135, 136, 137 and 138. If I had tisan, co-sponsored by my colleagues South Carolina to control the time? been present, I would have voted ‘‘no’’ on roll- the gentleman from Texas (Mr. THORN- There was no objection. The CHAIRMAN. The gentleman call vote 134, ‘‘no’’ on rollcall vote 135, ‘‘no’’ BERRY), the gentleman from New Jer- from South Carolina (Mr. SPRATT) is on rollcall vote 136, ‘‘no’’ on rollcall vote 137 sey (Mr. ANDREWS), the gentleman recognized for 10 minutes. and ‘‘no’’ on rollcall vote 138. from Texas (Mr. TURNER), the gen- tleman from Hawaii (Mr. ABER- Mr. SPRATT. Mr. Chairman, I yield MODIFICATION TO PART A AMENDMENT NO. 1 CROMBIE), and the gentleman from myself such time as I may consume. OFFERED BY MR. WELDON OF PENNSYLVANIA Mr. Chairman, I would have been op- Mr. WELDON of Pennsylvania. Mr. South Carolina (Mr. SPRATT). Mr. Chairman, this is a historic posed to the amendment as of yester- Chairman, I ask unanimous consent to amendment and a historic day because day, but we have had a work in modify my amendment with the modi- this body is rising in a bipartisan voice progress here and I must say we have fication I place at the desk as worked to support the leadership of the Presi- come up with a very good effort. I com- out with my colleagues on the other dent of the United States and the mend the gentleman for his efforts. I side. President of Russia to begin a new era think he has a good bill. The CHAIRMAN. The Clerk will re- in nuclear cooperation. The gentleman is probably more en- port the modification. The amendment before us today has gaged than any member of Congress in The Clerk read as follows: eight specific thrusts in opening up the either house in trying to bring Russia Modification to Part A Amendment No. 1 transparency between the American and the United States closer together. Offered by Mr. WELDON of Pennsylvania: and the Russian nuclear program. It What he has in this bill, the first part Strike section 3146 as proposed to be in- calls for American scientists to be al- of it, is an ambitious agenda dealing serted by the amendment and insert the fol- with nonproliferation, lab exchanges, lowing: lowed to visit Novaya Zemlya, the un- visits to our testing sites. SEC. 3146. PROHIBITION ON DEVELOPMENT OF derground test site in Russia, and for LOW-YIELD NUCLEAR WEAPONS. Russian scientists to visit our sites in What the gentleman has in the first (a) UNITED STATES POLICY.—It shall be the Nevada. part of the bill is an ambitious agenda policy of the United States not to conduct It calls for joint cooperation in con- of how we can bring Russia and the development which could lead to the produc- ferences on ways to monitor our nu- United States closer together in stra- tion by the United States of a new low-yield clear stockpiles. It calls for joint visits tegic cooperation. It lays out a number nuclear weapon, including a precision low- and conferences to discuss the safety of specifics ranging from nonprolifera- yield warhead. and security of our nuclear weapons. It tion efforts to lab exchanges to joint (b) LIMITATION.—The Secretary of Energy calls for a joint commission on non- visits to our testing sites, an ambitious may not conduct, or provide for the conduct agenda but nevertheless all the things of, development which could lead to the pro- proliferation, a joint commission on duction by the United States of a low-yield cooperation on missile defense. we ought to be doing, the whole stra- nuclear weapon which, as of the date of the This program puts this body on tegic spectrum. enactment of this Act, has not entered pro- record with a bipartisan vote that we, I think it is well stated and well in duction. in fact, support the new vision of Presi- order, and I think the bill deserves sup- (c) EFFECT ON OTHER DEVELOPMENT.—Noth- dent Bush and President Putin. We port for that reason alone. ing in this section shall prohibit the Sec- started this process last fall when one- I had a problem with the last page of retary of Energy from conducting, or pro- third of this Congress with my col- the bill originally because the last viding for the conduct of, development nec- page dealt with an amendment that I essary— leagues on the Democratic side and my colleagues on the Republican side join- had added to the law, to Title XX, (1) to design a testing device that has a some six or seven years ago. That pro- yield of less than five kilotons; ing together in a 45-page document (2) to modify an existing weapon for the outlining a new relationship with Rus- vision, the Spratt provision, Spratt purpose of addressing safety and reliability sia. first provision, prohibited testing concerns; or This amendment calls for the spe- below the level of five kilotons for rea- (3) to address proliferation concerns. cifics in implementing this new vision. sons I will not get into here. There is (d) DEFINITION.—In this section— This amendment allows the President no longer a provision in this bill that (1) the term ‘‘low-yield nuclear weapon’’ and the President of Russia to truly would repeal that. But there is a provi- means a nuclear weapon that has a yield of open the doors for strong bilateral co- sion in this bill that would broaden the less than five kilotons; and type of research that our labs can do (2) the term ‘‘development’’ does not in- operation between our nations. It is a clude concept definition studies, feasibility historic day. Our nuclear regulatory with low yield weapons, the kind of de- studies, or detailed engineering design work. agencies and our security agency, I velopment work they can do. It limits (e) CONFORMING REPEAL.—Section 3136 of talked to General Holland and he to- that work to what we could call in the the National Defense Authorization Act for tally supports the direction that we are Subcommittee on Military Research Fiscal Year 1994 (42 U.S.C. 2121 note) is re- going. and Development 6–2–A; that is to say; pealed. We have agreement on the Democrat they can do concept definition work, Mr. WELDON of Pennsylvania (dur- and Republican sides about the thrust. they can do research work, they can do ing the reading). Mr. Chairman, I ask We also give the President some flexi- design work, they can build a wooden unanimous consent that the modifica- bility in the research area to make mock-up, but they cannot bend metal tion be considered as read and printed sure that we have the ability to do ad- or do fissile component parts until the in the RECORD. ditional research that up until this law itself is changed. The CHAIRMAN. Is there objection point in time has been prohibited. I am I think that is a reasonable provision to the request of the gentleman from extremely pleased that we were able to that gives the labs a much clearer defi- Pennsylvania? work out a very carefully crafted piece nition of what the boundaries are, There was no objection. of legislation with my colleagues on broadens the scope of what they can The CHAIRMAN. Is there objection the other side that I hope we will vote do, but stops short of decreeing a re- to the modification of the amendment? unanimously or overwhelmingly show peal of the 2–K-T provision. There was no objection. that this Congress is behind a new di- In addition, yesterday this bill con- The CHAIRMAN. The amendment is rection in the security relationship be- tained a call for a joint Russia collabo- modified. tween the United States and Russia. ration on the development of nuclear The gentleman from Pennsylvania Mr. Chairman, I reserve the balance penetrating weapons, nuclear and con- (Mr. WELDON) and a Member opposed of my time. ventional, and the gentleman, after each will control 10 minutes. The CHAIRMAN. Is the gentleman some reflection and discussion with the The Chair recognizes the gentleman from South Carolina (Mr. SPRATT) op- Department of Energy and others, has from Pennsylvania (Mr. WELDON). posed? decided to take that off the bill.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.096 pfrm15 PsN: H09PT1 H2336 CONGRESSIONAL RECORD — HOUSE May 9, 2002 With those two improvements this is This is an excellent example between This amendment sets in place for the a very good bill, a very good piece of the gentleman from Pennsylvania (Mr. first time a set of objectives that would work, and I commend it to everybody’s WELDON) and the gentleman from be pursued between our Nation and support. South Carolina (Mr. SPRATT) and all Russia to try to enhance cooperation Mr. Chairman, I reserve the balance the others that were interested in this and furthering the efforts to end pro- of my time. nonproliferation issue to make a step liferation of nuclear weapons. Specific Mr. WELDON of Pennsylvania. Mr. forward and to have an excellent com- provisions of the amendment provide Chairman, I yield 2 minutes to the gen- promise. We thank the gentlemen for for exchange programs between our Na- tleman from Texas (Mr. THORNBERRY) a that. tion and Russia, provides for increased leader on these issues in the Congress. Mr. WELDON of Pennsylvania. Mr. transparency of the activities of each Mr. THORNBERRY. Mr. Chairman, I Chairman, I yield 2 minutes to the dis- Nation in the area of nuclear research, appreciate the distinguished sub- tinguished gentlewoman from New and I want to say that having had the committee chairman yielding me time. Mexico (Mrs. WILSON) who has also opportunity to travel to Russia with He truly is the leader in Congress in been a tireless advocate on the nuclear our friend, the gentleman from Penn- our relationship with Russia and I be- security issues for this country and in sylvania (Mr. WELDON), I have the lieve that here, working with the gen- the world. highest regard for his interest, his tleman from South Carolina (Mr. Mrs. WILSON of New Mexico. Mr. dedication, and his commitment to SPRATT), who is one of the most knowl- Chairman, I thank the gentleman from working with Russia to end nuclear edgeable Members in Congress on these Pennsylvania (Mr. WELDON) for yield- proliferation and to be sure that this nuclear and strategic issues, they have ing me the time, and I thank him for Nation’s national interests are pro- come up with a very good product. his leadership on this issue and for tected in that process. So I think all of As the gentleman from South Caro- really understanding the relationship us want to say to him we appreciate lina (Mr. SPRATT) mentioned, this in- between the United States and Russia. his leadership in this area. cludes an ambitious list of items to be I particularly appreciate this amend- I know that many Members here- on the agenda between the United ment because it focuses on some of the tofore had questions about this amend- States and Russia, including joint and things we need to do now in the 21st ment. I want to remind Members on reciprocal programs that deal with ev- century as opposed to looking back- both sides of the aisle that the com- wards to the old relationship between erything from nonproliferation all the promise that we are laying before the the United States and the former So- way to disposal of waste. It is some- House today was just arrived at a few viet Union. We need to focus on in- thing that gives all of our contacts moments ago. We think it deserves the creasing transparency and cooperation with Russia an agenda to go by and to support of the entire House on both with Russia because the situation has encourage them to remove more of the sides. We think it is an important step changed. distrust that still remains after years The principal threat is no longer forward toward peace and toward im- of Cold War and to work together in each other. The principal threat to the proving our cooperative relationship ways that are to our mutual benefit, United States and to Russia are third with Russia. Mr. SPRATT. Mr. Chairman, I yield 1 but also to the benefit of the world. parties that threaten both of us and, minute to the gentlewoman from Cali- So as the gentleman from South therefore, cooperation and trans- Carolina (Mr. SPRATT) mentioned, this parency are in our mutual interest. fornia (Mrs. TAUSCHER). amendment recognizes the need for a I think we also have to recognize Mrs. TAUSCHER. Mr. Chairman, this credible deterrent in the post-Cold War that Russia has a very active tactical is right for the United States and this world, removing some restrictions that nuclear program and there are some is right for this Congress. This is an op- have made it uncomfortable for some questions we have about their nuclear portunity for the bilateral relation- of the folks in our laboratories to even testing sites, and the best way to move ships between the United States and be thinking about the kind of things forward is to actively and aggressively Russia to improve, and I am here to we need for the future. So I want to seek the cooperation of Russia in open- say that I am very thankful to see that commend both leaders on this issue. I ing things up, cooperating, opening it is also a real sign of bipartisanship think this is an important step that transparency at these places, so we as of this Congress where Democrats and gives us a lot to work with in the fu- the United States can be reassured Republicans, who up to yesterday had ture, and I hope Members will support about what is going on now. some disagreements about some lan- it. This is a good amendment. It is a guage in this amendment, have come Mr. SPRATT. Mr. Chairman, I yield 1 good step in the right direction, and I together in a very practical and com- minute to the gentleman from Missouri commend the gentleman from Pennsyl- mon sense way to increase the opportu- (Mr. SKELTON), the ranking member of vania for his leadership. nities for our national labs, two of our committee. Mr. SPRATT. Mr. Chairman, how which are in my district in northern Mr. SKELTON. Mr. Chairman, I much time is remaining? California, to work to provide for the thank my friend from South Carolina The CHAIRMAN. The gentleman American people and frankly for the (Mr. SPRATT) for yielding me time. from South Carolina (Mr. SPRATT) has people of Russia and around the world Mr. Chairman, I think this is true 6 minutes remaining. The gentleman much more opportunities for non- what the gentleman from Pennsylvania from Pennsylvania (Mr. WELDON) has 4 proliferation, much more opportunities (Mr. WELDON) has said that this is an minutes remaining. for bilateral work and cooperation, and historic moment in this House because Mr. SPRATT. Mr. Chairman, I yield 2 the ability for us to have agreements it makes a giant step forward in the minutes to the gentleman from Texas between our countries that are much nuclear nonproliferation effort. It re- (Mr. TURNER), one of the key players in more transparent and give a sense that tains the existing ban on developing the compromises that have perfected we are very committed to working to- low yield nuclear weapons, but the and made this a better bill. gether and to turn aside the old adver- most important part is it allows sci- Mr. TURNER. Mr. Chairman, I thank sarial relationships in the post-Cold entific research to go forward in our the gentleman from South Carolina War and move to a new time where we nuclear weapons laboratories. (Mr. SPRATT) for yielding me time, and can be cooperative against the threats I want to thank him for his leadership that we both share. b 1545 in working on this amendment, and I I want to thank my colleagues on As the gentleman from South Caro- want to commend the gentleman from both sides of the aisle for being so co- lina (Mr. SPRATT) said, in the original Pennsylvania (Mr. WELDON) for his operative in working together. wording of the amendment, the latter leadership in trying to work out the Mr. WELDON of Pennsylvania. Mr. part thereof did cause a great deal of compromise that we have before us Chairman, I yield 2 minutes to the gen- concern on my part, and I am sure it that I think moves us forward in the tleman from California (Mr. HUNTER), was in the minds of others. So I com- bipartisan manner that I think serves the distinguished chairman of the Sub- pliment the gentleman on the com- the national interests of this country committee on Military Research and promise and our working together. very well. Development of the Committee on

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.129 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2337 Armed Services, and a leader on de- arrived at, because the gentleman from Hayes McCollum Saxton Hayworth McHugh Schaffer fense issues in this country. Pennsylvania (Mr. WELDON) and the Hefley McInnis Schakowsky Mr. HUNTER. Mr. Chairman, I thank gentleman from South Carolina (Mr. Herger McKeon Schiff the gentleman from Pennsylvania (Mr. SPRATT) are not theologians on this Hill McKinney Schrock WELDON) for yielding me the time, and floor, they are legislators. Legislators Hilleary McNulty Scott Hilliard Meehan I thank him for his leadership in this in every good sense of the word, and I Sensenbrenner Hinojosa Meeks (NY) Serrano area. am proud to be associated with them. Hobson Menendez Sessions Hoeffel Mica We have moved from the era of con- MOTION TO RISE OFFERED BY MR. TAYLOR OF Shadegg frontation with the former Soviet Hoekstra Miller, Dan Shaw MISSISSIPPI Holden Miller, Gary Union to what I would call the era of Shays Mr. TAYLOR of Mississippi. Mr. Hooley Miller, Jeff Sherman engagement, and the engagement needs Chairman, I move that the Committee Horn Mollohan Sherwood to be pursued in a number of areas. A Hostettler Moore Shimkus do now rise. Houghton Moran (KS) Shuster couple of areas that are very important Hoyer Moran (VA) The CHAIRMAN. The question is on Simmons to this Member, and I know a lot of Hunter Morella the motion offered by the gentleman Simpson Inslee Murtha others, is the idea of disposal of weap- Skeen from Mississippi (Mr. TAYLOR). Isakson Myrick ons-grade materials, making sure that Skelton The question was taken; and the Israel Nadler Smith (NJ) all of the ideas of stockpile security Chairman announced that the noes ap- Issa Napolitano that we adhere to are adhered to also Istook Neal Smith (TX) peared to have it. Jackson (IL) Ney Smith (WA) in the former Soviet Union. Snyder Also, the idea of making sure that RECORDED VOTE Jenkins Northup John Oberstar Souder the genius of the scientists’ population Mr. TAYLOR of Mississippi. Mr. Johnson (CT) Olver Spratt in the former Soviet Union that put to- Chairman, I demand a recorded vote. Johnson (IL) Ortiz Stearns gether that massive weapons complex A recorded vote was ordered. Johnson, E. B. Osborne Stenholm Johnson, Sam Otter Strickland in the weapons that they produced, to The vote was taken by electronic de- Jones (NC) Owens Stump make sure that that genius does not vice, and there were—ayes 49, noes 352, Kanjorski Pascrell Sullivan migrate to nations that at some point not voting 33, as follows: Kaptur Pastor Sununu may be adversaries to the United Keller Paul Sweeney [Roll No. 139] Kelly Payne Tancredo States is of utmost concern to us, and AYES—49 Kennedy (RI) Pence Tauscher Kerns Peterson (MN) Tauzin I think that this amendment makes Abercrombie Doggett Mink Kildee Peterson (PA) Taylor (NC) good sense, and the engagement that it Ackerman Evans Obey Kilpatrick Petri Terry Baldwin Filner promotes is going to serve those ends. Pallone Kind (WI) Phelps Bartlett Frank Thomas I thank the gentleman and commend Pelosi King (NY) Pickering Berry Hinchey Thompson (CA) Radanovich Kingston Pitts him for his leadership and everyone on Blumenauer Holt Thompson (MS) Shows Kirk Platts both sides of the aisle who worked on Boyd Honda Thornberry Solis Kleczka Pombo Brady (PA) Jefferson Thune the amendment. Stupak Knollenberg Pomeroy Brown (OH) Jones (OH) Thurman Mr. SPRATT. Mr. Chairman, I yield Tanner Kolbe Portman Capuano Larson (CT) Tiahrt Taylor (MS) Kucinich Price (NC) 90 seconds to the gentleman from Ha- Clay Lee Tierney Tiberi LaFalce Putnam waii (Mr. ABERCROMBIE). Condit Lynch Toomey LaHood Quinn Conyers Markey Towns Turner Mr. ABERCROMBIE. Mr. Chairman, Lampson Rahall Cummings McDermott Waters Udall (CO) one of the motivating forces in my life Langevin Ramstad DeFazio McGovern Wu Udall (NM) Lantos Rangel to enter electoral politics was civil DeGette McIntyre Wynn Upton Larsen (WA) Regula Dingell Miller, George Velazquez rights, and the other element that I Latham Rehberg Visclosky wanted to devote whatever energy I LaTourette Reynolds NOES—352 Vitter could in terms of politics was nuclear Leach Rivers Aderholt Cantor Ehrlich Walden proliferation. Levin Rodriguez Akin Capito Emerson Lewis (CA) Roemer Walsh What we are about to do today, I Allen Capps Engel Lewis (KY) Rogers (KY) Wamp think, may set us on the path that for Andrews Cardin English Linder Rogers (MI) Watkins (OK) many of us has been decades in the re- Armey Carson (IN) Eshoo Lipinski Rohrabacher Watt (NC) Baca Carson (OK) Etheridge LoBiondo Ros-Lehtinen Watts (OK) alizing. Bachus Castle Everett Lofgren Ross Weiner I want to pay tribute especially to Baird Chabot Farr Lowey Rothman Weldon (FL) the gentleman from South Carolina Baker Chambliss Fattah Lucas (KY) Roybal-Allard Weldon (PA) Baldacci Clayton Ferguson Weller (Mr. SPRATT). When I think of someone Lucas (OK) Royce Ballenger Clement Flake Luther Rush Wexler who I believe to be the ideal Member of Barcia Clyburn Fletcher Maloney (CT) Ryan (WI) Whitfield Congress, ready to deal with Members Barr Coble Foley Manzullo Ryun (KS) Wicker in every way, in a straightforward and Barrett Collins Forbes Mascara Sabo Wilson (NM) Barton Combest Fossella forthright manner, when I think of Matheson Sanchez Wilson (SC) Bass Cooksey Frelinghuysen Matsui Sanders Wolf someone who has a tenacious capacity Becerra Costello Frost McCarthy (MO) Sandlin Woolsey to pursue his ideals, I think of the gen- Bentsen Cox Gallegly McCarthy (NY) Sawyer Young (AK) tleman from Pennsylvania (Mr. Bereuter Coyne Ganske Berkley Cramer Gekas NOT VOTING—33 WELDON), and I think there is an amal- Berman Crenshaw Gephardt gam today of interests on behalf of Biggert Crowley Gibbons Boehlert Kennedy (MN) Pryce (OH) peace. Bilirakis Cubin Gilchrest Burton Lewis (GA) Reyes Bishop Culberson Gillmor Crane Maloney (NY) Riley I just want to reiterate for the record Blagojevich Cunningham Gilman Davis (IL) McCrery Roukema what the policy will be when the gen- Blunt Davis (CA) Gonzalez DeLay Meek (FL) Slaughter tleman from Pennsylvania’s (Mr. Boehner Davis (FL) Goode Ford Millender- Smith (MI) Bonilla Davis, Jo Ann Goodlatte Gutierrez McDonald WELDON) and the gentleman from Stark Bonior Davis, Tom Gordon Hall (OH) Nethercutt Traficant South Carolina’s (Mr. SPRATT) work Hulshof Norwood Bono Deal Goss Watson (CA) Hyde Nussle comes to fruition. Greater cooperation, Boozman Delahunt Graham Waxman Borski DeLauro Granger Jackson-Lee Ose transparency and confidence with the Young (FL) Boswell DeMint Graves (TX) Oxley Russian federation regarding nuclear Boucher Deutsch Green (TX) weapons, policy, forestructure, safe- Brady (TX) Diaz-Balart Green (WI) guards, testing, proliferation, preven- Brown (FL) Dicks Greenwood b 1615 Brown (SC) Dooley Grucci tion, infrastructure, production and Bryant Doolittle Gutknecht Messrs. GRAVES, RUSH and SCHIFF dismantlement, everything associated Burr Doyle Hall (TX) changed their vote from ‘‘aye’’ to ‘‘no.’’ with nuclear proliferation in our at- Buyer Dreier Hansen tempt to deal with it in three-dimen- Callahan Duncan Harman So the motion to rise was rejected. Calvert Dunn Hart sional human terms is in this amend- Camp Edwards Hastings (FL) The result of the vote was announced ment, and the wording that has been Cannon Ehlers Hastings (WA) as above recorded.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.101 pfrm15 PsN: H09PT1 H2338 CONGRESSIONAL RECORD — HOUSE May 9, 2002 b 1615 Mr. Chairman, this is a good com- to fiscal year 2012, a posture under which the The CHAIRMAN. The Committee is promise and a good bill, and I urge sup- United States maintains a number of oper- ationally deployed nuclear warheads at a considering amendment No. 1, as modi- port for it on both sides of the aisle. Mr. Chairman, I yield back the bal- level of from 1,700 to 2,200 such warheads, as fied, offered by the gentleman from outlined in the Nuclear Posture Review. The Pennsylvania (Mr. WELDON). ance of my time. report shall include the following: The gentleman from Pennsylvania Mr. WELDON of Pennsylvania. Mr. (1) For each of fiscal years 2006, 2008, and has 21⁄2 minutes remaining. The gen- Chairman, I yield myself such time as 2010, an assessment of the options for achiev- tleman from South Carolina (Mr. I may consume. ing such posture as of such fiscal year. (2) An assessment of the effects of achiev- SPRATT) has 11⁄2 minutes remaining, Mr. Chairman, in closing, I thank and the gentleman from Pennsylvania Members on both sides of the aisle for ing such posture prior to fiscal year 2012 on what has become I think one of the cost, the dismantlement workforce, and any has the right to close. other affected matter. Mr. WELDON of Pennsylvania. Mr. most important statements that we Chairman, I yield 1 minute to the gen- will make in this bill about a new era The CHAIRMAN. Pursuant to House tleman from Maryland (Mr. BARTLETT), of our security, our security in work- Resolution 415, the gentlewoman from one of our Ph.D.’s in Congress, who has ing together with Russia as partners. California (Mrs. TAUSCHER) and a Mem- visited Russia on three or four occa- Yesterday a group of Members met in ber opposed each will control 5 min- sions. the House of Representatives with a utes. Mr. BARTLETT of Maryland. Mr. Minister of Atomic Energy, The Chair recognizes the gentle- Chairman, the Cold War is over, and Rumyantsev, from Russia, and he told woman from California (Mrs. the United States and Russia are rec- us that Russia is ready for a new era of TAUSCHER). ognizing that our two countries have transparency, that the days of the Cold Mrs. TAUSCHER. Mr. Chairman, I far more that unites us than divides us. War are over. This amendment tests yield myself such time as I may con- This amendment is one area that we that language. This amendment says, sume. recognize that when we join forces, Mr. Rumyantsev, we agree with you, Mr. Chairman, this amendment adds when we focus on those things that and we are ready for a new era. Open up a small but critical requirement to the unite us, that both countries and the the test facilities, underground test language in the bill on the Nuclear world are better off for that. sites, and laboratories for joint co- Posture Review. We have spent far too much time fo- operation, and we will do the same. It As Members know, the Nuclear Pos- cusing on what divides us from Russia says that America and Russia truly can ture Review provides Congress with and not near enough time focusing on be, should be, and will be partners; but crucial information about the adminis- our common interests. This amend- it does not do it through rose-colored tration’s intentions on the country’s ment does just that. It should have glasses. nuclear strategy, warhead levels and been done last year, or 10 years ago. This amendment says in the new cen- infrastructure over the next 10 years. Let us not be next year saying we tury Russia and America together can Some of the review’s comments are should have done this last year. This is be key partners, whether it is solving positive, such as the restatement of the the right thing to do. I urge Members the war in Kosovo, solving the problem need to deploy the lowest number of to vote for this amendment. in the Middle East, or dealing with se- nuclear weapons consistent with our Mr. SPRATT. Mr. Chairman, I yield curity issues, that Russia can help us security requirements. 11⁄4 minutes to the gentleman from New accomplish our objectives. Other findings are more troubling, Jersey (Mr. ANDREWS). Mr. Chairman, I ask Members on especially the review’s failure to out- (Mr. ANDREWS asked and was given both sides of the aisle to support this line significant and verifiable cuts to permission to revise and extend his re- amendment. our nuclear arsenal. marks.) The CHAIRMAN. The question is on Recent comments by Assistant Sec- Mr. ANDREWS. Mr. Chairman, I rise the amendment, as modified, offered by retary of Defense Crouch about war- in strong support of the amendment, the gentleman from Pennsylvania (Mr. head reduction that ‘‘there is no such and thank the gentleman from Penn- WELDON). thing as something that is irrevers- sylvania (Mr. WELDON), the gentleman The question was taken; and the ible,’’ directly contradict the Presi- from South Carolina (Mr. SPRATT), the Chairman announced that the ayes ap- dent’s objective stated in Crawford, gentleman from Texas (Mr. TURNER), peared to have it. Texas, in the summit with President the gentlewoman from California (Mrs. Mr. WELDON of Pennsylvania. Mr. Putin last summer. TAUSCHER), and the others involved in Chairman, I demand a recorded vote. The credibility of the United States’ crafting this compromise. The CHAIRMAN. Pursuant to clause leadership in the area of arms control I think this language recognizes the 6 of rule XVIII, further proceedings on will be significantly undermined if we balance that has to be struck in the the amendment offered by the gen- do not live up to the President’s pro- new dynamic between our country and tleman from Pennsylvania (Mr. posal to reduce our nuclear arsenal. Russia. Most of this amendment deals WELDON) will be postponed. The gentleman from Arizona (Chair- with cooperation, with transparency The CHAIRMAN. It is now in order to man STUMP) and the gentleman from and technology, joint visitation, joint consider amendment No. 2 printed in Missouri (Mr. SKELTON), the ranking research and development, things that part A of House Report 107–450. member, took a first and valuable step would not have been possible a dozen PART A AMENDMENT NO. 2 OFFERED BY MRS. toward addressing this disconnect. years ago; and the authors of the TAUSCHER Indeed, the bill requests clarification amendment deserve great credit for Mrs. TAUSCHER. Mr. Chairman, I of the administration’s plans for our making those possibilities a reality. offer an amendment. strategic force structure, including The amendment also wisely recog- The CHAIRMAN. The Clerk will des- specific definitions of how many war- nizes, though, that as close as our ignate the amendment. heads will be dismantled or placed in friendship with Russia is growing, The text of the amendment is as fol- the ready reserve and associated costs. there is still risk. There is still uncer- lows: I ask for Members’ support for an ad- tainty, and there is still need for a Part A Amendment No. 2 offered by Mrs. ditional requirement to this section joint process between the executive TAUSCHER: mandating a report from the Secretary branch and those of us in the Congress At the end of section 1014 of the bill (page of Energy on options for achieving the to recognize and react to emergency 200, after line 6), insert the following new President’s objectives for operationally circumstances. I hope such cir- subsection: deployed nuclear warheads before 2012. cumstances never arise, but if they do, (c) REPORT ON OPTIONS FOR ACHIEVING, This is a nonbinding, common sense PRIOR TO FISCAL YEAR 2012, PRESIDENT’S OB- this amendment strikes the proper bal- requirement that simply asks the Sec- JECTIVE FOR OPERATIONALLY DEPLOYED NU- ance. I urge its adoption by both Re- CLEAR WARHEADS.—Not later than 90 days retary of Energy to look at whether publicans and Democrats. after the date of the enactment of this Act, the President’s arms objective can be Mr. SPRATT. Mr. Chairman, I yield the Secretary of Energy shall submit to Con- achieved in a shorter time frame. Addi- myself the balance of my time. gress a report on options for achieving, prior tionally, it is my belief that this

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.104 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2339 should actually be addressed to the Na- SEC. 3146. PROHIBITION ON RESEARCH AND DE- Mr. WELDON of Pennsylvania. Mr. tional Nuclear Security Administra- VELOPMENT OF NUCLEAR EARTH Chairman, I yield myself 2 minutes. PENETRATOR WEAPON. tion, which is a semi-autonomous agen- (a) PERMANENT PROHIBITION.—No funds Mr. Chairman, we have made a good- cy inside the Department of Energy. available to the Department of Energy may faith effort both in the committee and Mr. WELDON of Pennsylvania. Mr. be used for any development, testing, or en- on this floor to reach bipartisan com- Chairman, will the gentlewoman yield? gineering of a nuclear earth penetrator promise on issues regarding our nu- Mrs. TAUSCHER. I yield to the gen- weapon. clear policy. tleman from Pennsylvania. (b) FISCAL YEAR 2003.—No funds appro- We just completed a vote on a com- priated for or otherwise made available to prehensive program to engage Russia, a Mr. WELDON of Pennsylvania. Mr. the Secretary of Energy for fiscal year 2003 Chairman, this side applauds the gen- may be used for a feasibility study for a nu- program that I think is historic. We tlewoman for her leadership on these clear earth penetrator weapon. just accepted an amendment from the issues, and we are happy to accept this The CHAIRMAN. Pursuant to House gentlewoman from California (Mrs. amendment in the spirit in which it is Resolution 415, the gentleman from TAUSCHER). We agreed to a report that offered, and think it will be a produc- Massachusetts (Mr. MARKEY) and a she wants to have issued on the size of tive addition to the bill. Member opposed each will control 10 our nuclear weapon force over the next Mrs. TAUSCHER. Mr. Chairman, I minutes. dozen years. yield 1 minute to the gentleman from The Chair recognizes the gentleman But, Mr. Chairman, this amendment South Carolina (Mr. SPRATT). from Massachusetts (Mr. MARKEY) for in my opinion is a dangerous amend- Mr. SPRATT. Mr. Chairman, I rise to 10 minutes. ment. There are certain things we can- commend both the gentlewoman from Mr. MARKEY. Mr. Chairman, I yield not discuss on the House floor. I would California (Mrs. TAUSCHER) and the myself such time as I may consume. think before any Member voted on this gentleman from Pennsylvania (Mr. Mr. Chairman, I have an amendment amendment, they would want to have WELDON) for reaching agreement on that is before the House that I would had the Code Word level briefing that I what I think is a good amendment to hope as the staffs talk right now we arranged for Members of the Com- an amendment. might be able to work out some form of mittee on Armed Services last week. Basically the Nuclear Posture Re- a compromise on; but pending that, the b 1630 view raised more questions than it an- subject is around the whole subject of a robust nuclear earth penetrator. A number of my colleagues from both swered; among them, why does it take sides of the aisle attended that brief- 10 years to draw down the operation- Now this weapon is one which is con- templated being used as a nuclear ing, where at a Code Word level we ally deployed force; why do we have to were given certain information about maintain a responsive force of the weapon to be a bunker buster, but po- tentially bigger than that, in fact, and what appears to be to the Intelligence magnitude that was indicated? We may Community some new movement in the have as many warheads actually de- will breach this psychological and po- litical barrier that we have established area of nuclear weapons and nuclear ployed in 2012 as we do today. How materials. We cannot discuss that on costly will it be to maintain this force? in the world for 57 years that nuclear weapons are not usable. the floor of the House because we are These are all questions that we need to in open session. So, therefore, even ask directly, and that is what this What my amendment says is that there should be a permanent prohibi- though Members have access to that amendment will do. It will put these information, I would say to you that questions back to DOD and get a fur- tion; that is, that no funds should be available to the Department of Energy probably no more than 10 Members of ther addendum or response to clarify this body, maybe 20, have received the NPR on these critical points. for any development, testing or engi- neering of a nuclear earth penetrator security classified briefing on the im- Mr. Chairman, I commend the gentle- weapon. The objective, of course, is to plications of this amendment. For that woman for offering this amendment, say if we moved to that phase of test- reason alone, this amendment should and support it fully. ing, unfortunately, it would most like- be defeated. Mrs. TAUSCHER. Mr. Chairman, I ly result in a breach of the test ban ac- But, Mr. Chairman, beyond that, this yield myself such time as I may con- commodation which has been lived amendment says that the Secretary of sume. with by the United States and the So- Energy cannot even do a feasibility Mr. Chairman, I thank the gentleman viet Union and the rest of the world for study for a nuclear earth penetrating from Pennsylvania (Mr. WELDON) for the last 15 years or so. weapon. If we look at Afghanistan and accepting the amendment and appre- Since we already have a generation the wars and the situation we are in- ciate the opportunity to work with the of nuclear earth penetrating weapons, volved in, one of our biggest problems gentleman. it seems to me it does not make a lot are deep underground hardened targets. Mr. Chairman, I yield back the bal- of sense for us to run the risk of send- This amendment says we cannot even ance of my time. ing a signal to the rest of the world do a feasibility study. We are not talk- The CHAIRMAN. Does any Member that we are trying to dissuade from ing about building a weapon. We are wish to speak in opposition to the using these weapons towards the goal not talking about producing something amendment? of just improving one to make it more to drop. We are talking about a feasi- The question is on the amendment usable, but at the same time because of bility study. This amendment says no offered by the gentlewoman from Cali- the sensitivity of our relations with feasibility study. fornia (Mrs. TAUSCHER). Russia, amongst others, in terms of Mr. Chairman, this amendment goes The amendment was agreed to. their nuclear testing, but every other way too far. This amendment is more The CHAIRMAN. It is now in order to country in the world that we are trying about, I think, a political statement consider amendment No. 3 printed in to convince that nuclear weapons are than it is about substance. I would ag- part A of House Report 107–450. unusable, that as we cross this nuclear gressively urge our colleagues to vote PART A AMENDMENT NO. 3 OFFERED BY MR. Rubicon we are sending a very strong ‘‘no.’’ MARKEY signal that the weapons are usable. Mr. MARKEY. Mr. Chairman, I yield Mr. MARKEY. Mr. Chairman, I offer So my amendment seeks to stop the 1 minute to the gentleman from Mis- an amendment. testing, stop any engineering or devel- souri (Mr. SKELTON), the ranking mem- The CHAIRMAN. The Clerk will des- opment of such a weapon. ber of the Committee on Armed Serv- ignate the amendment. Mr. Chairman, I reserve the balance ices. The text of the amendment is as fol- of my time. Mr. SKELTON. I thank my friend lows: Mr. WELDON of Pennsylvania. Mr. from Massachusetts for yielding me Part A Amendment No. 3 offered by Mr. Chairman, I rise in opposition to the this time. MARKEY: amendment. Mr. Chairman, we all know from our At the end of subtitle C of title XXXI (page The CHAIRMAN. The gentleman experience in Afghanistan that adver- 352, after line 24), insert the following new from Pennsylvania (Mr. WELDON) is saries use caves and bunkers to counter section: recognized for 10 minutes. our American conventional strength

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.107 pfrm15 PsN: H09PT1 H2340 CONGRESSIONAL RECORD — HOUSE May 9, 2002 and we are right to be concerned that setts for yielding me this time and for I have listened to the arguments of future enemies might use such bunkers his leadership in leading the world, I the gentleman from California and the to protect weapons of mass destruc- think, in the right direction. gentlewoman from New Mexico. They tion. However, the use of nuclear bunk- I rise in strong support of the Mar- are very honest. They are really talk- er busters is absolutely not the way to key amendment really to prohibit the ing about obliterating the distinction go. It is counterproductive. development of this nuclear earth pen- between nuclear and non-nuclear weap- Using nuclear weapons would spread etrator weapon. This weapon poses un- ons that has been a centerpiece for 50 deadly radiation, putting both Amer- acceptable risks. Our own troops would years. What they say is if they threat- ican troops in the theater as well as be endangered by nuclear fallout and en us, we will go after them, we will local populations at risk. It would also innocent civilians could be caught in a find them. prevent American troops from entering nuclear crossfire. Furthermore, devel- What we are being told is that we caves and bunkers to retrieve poten- oping this weapon really does take us should develop a nuclear capacity to tially valuable intelligence. We have down the path of nuclear testing and respond to non-nuclear threats. We are been doing that in Afghanistan. Per- nuclear proliferation. Where we go, being told that conventional threats haps most significantly, the use of tac- others will follow. will call from America a nuclear re- tical nuclear weapons would mark a It is bad enough that we have not sponse. Not only is that greatly unnec- dramatic change in United States pol- ratified the Comprehensive Test Ban essary, it will further destabilize the icy and would undermine our non- Treaty. United States nuclear testing world. We have been trying to preach proliferation policies around the globe. would destroy this treaty. The United non-nuclear proliferation, but the town This is a very needed and a very nec- States cannot preach nonproliferation drunk is a poor advocate for temper- essary amendment to proceed on the while escalating the arms race our- ance. We cannot simultaneously oblit- non-nuclear proliferation effort. selves. erate the distinction that has existed Mr. WELDON of Pennsylvania. Mr. I urge my colleagues to support this for the entire period between nuclear Chairman, I yield 2 minutes to the dis- amendment. I want to again thank the and non-nuclear weapons. We cannot tinguished gentlewoman from New gentleman from Massachusetts for of- threaten, as we have heard, a nuclear Mexico (Mrs. WILSON). fering this amendment. response to a non-nuclear attack and Mrs. WILSON of New Mexico. Mr. Mr. WELDON of Pennsylvania. Mr. then still have any credibility in Chairman, I thank the gentleman from Chairman, I yield 2 minutes to the gen- preaching temperance. Pennsylvania for yielding me this tleman from California (Mr. HUNTER), Secondly, we have said in Afghani- time. I rise to oppose this amendment. the distinguished chairman of the Sub- stan, in Iraq, we are these days likely The reality is that our enemies are committee on Research and Develop- to be in the posture not of war against burrowing in their chemical weapons ment. capability, their conventional capa- a people, say, as in World War II but in Mr. HUNTER. I thank the distin- bility, their command and control bio- an effort to rescue a people from an op- guished gentleman for yielding me this logical and nuclear weapons programs. pressive government. How welcome time. will our wagon be when it comes to nu- Our current weapons systems cannot Mr. Chairman, we are in this amend- destroy targets that are deeply buried clear arms? Do we tell the people of Af- ment proposing to kill what could be in tunnels. They were not designed to. ghanistan, do not worry, we will free the centerpiece of a certain deterrent Our enemies know that. you from the Taliban by using nuclear Nuclear weapons are useful precisely capability that is important to us. We weapons within your country. Do not because they are unusable. That is the want to send a message to anybody worry, we will overthrow Saddam Hus- nature of deterrence and the reason who would strike America, whether on sein with nuclear attacks in Iraq. that we want to be able to keep these a conventional battlefield or in a ter- I think you undercut the whole no- targets at risk. The robust nuclear rorist manner, we want them to know tion that America can be coming to the earth penetrating weapon is being that we will hunt them down and find rescue of the victims of oppression. The studied as directed by this Congress in them and, if necessary, dig them out, United States is hardly a pitiful giant the 2001 defense authorization bill. It is wherever we have to. weakened without nuclear weapons. We not a new nuclear weapon. The ques- That means no safe havens. One way just saw in Afghanistan no shortage of tion is whether you can take an exist- you ensure that there are no safe ha- overwhelming American power. It was ing nuclear weapon, package it and en- vens is to be able to go deep. Unless we not a lack of force, a lack of potency. case it in such a way so that it will do a lot more research and develop- To destroy the distinction between nu- penetrate the Earth before it explodes ment and we find some quantum break- clear and non-nuclear weapons as we in order to hold at risk those hard and through in conventional systems, to go have heard is with very grave error. deeply buried targets. It does not make deep is going to require a nuclear capa- Mr. WELDON of Pennsylvania. Mr. it more likely that the President would bility. That is a good message to send Chairman, I yield myself 30 seconds. use such a weapon. It does make it to people who would hurt this country, First of all, Mr. Chairman, we are not more probable that that weapon would because if you look at the array of fix- talking about a new nuclear weapon. work if he had to use it. Any President tures that are going to be buried by po- That is not the discussion here. We are should have at his disposal the ability tential adversaries, you see several talking about an attempt to repackage to hold at risk the most important tar- things. You see their command and an existing nuclear weapon for a new gets that people have who would want control; you see their development of threat that we have to deal with. We to destroy and to hurt us. By holding nuclear, chemical and biological weap- know the Russians have 13,000 tactical those targets at risk, we make it less ons; and, most importantly, you see nuclear weapons. likely that they will hurt us and at- the people themselves who ordered the If you really want to stop prolifera- tack us or our allies with chemical, bi- strike on the United States. tion, I would like to see my colleague ological or nuclear weapons. That is where leadership goes. Lead- from Massachusetts offer an amend- The President should have options, ership, in terms of our potential adver- ment to negotiate for a serious reduc- the options of conventional forces, of saries, will go deep. They will go as far tion of tactical nuclear weapons. These precision conventional weapons, and of underground as they possibly can go. tactical nuclear weapons are a real nuclear weapons that are capable of They need to know there is no safe threat to us. The Russians have 13,000 holding those targets at risk so that we haven. That requires that we vote ‘‘no’’ of them. do not have to use them. That is pre- on this amendment. Mr. Chairman, I yield 15 seconds to cisely why we need to continue with Mr. MARKEY. Mr. Chairman, I yield the gentleman from California (Mr. this feasibility study. 2 minutes to the gentleman from Mas- HUNTER). Mr. MARKEY. Mr. Chairman, I yield sachusetts (Mr. FRANK). Mr. HUNTER. Mr. Chairman, let me 1 minute to the gentlewoman from Mr. FRANK. Mr. Chairman, I wel- just say that there has been a policy California (Ms. LEE). come this latest in the acts of leader- among a number of nations in the Ms. LEE. Mr. Chairman, I want to ship my friend and colleague has dealt Western democracies, including our al- thank the gentleman from Massachu- with in the nuclear area. lies, that would respond to chemical or

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.131 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2341 biological attack with nuclear systems. There are some military capabilities It is time that we took a stand for We have never foreclosed that. that we may decide are not worth the peace. It is time that we took a stand Mr. MARKEY. Mr. Chairman, I yield time to pursue, and there are some ca- for the continuation of life on this 10 seconds to the gentleman from Mas- pabilities that in the priority of things planet. Why should that be hard to do, sachusetts (Mr. FRANK). we may want to leave behind. But I even for the Congress? Mr. FRANK. Mr. Chairman, I think find it very troubling that some people Mr. MARKEY. Mr. Chairman, I yield the gentleman from Pennsylvania in- do not even want us to explore options myself the remaining time. vited either myself or my colleague to which could be critical for our future We do not use biological weapons in offer an amendment on nonprolifera- national security. Afghanistan. We do not use chemical tion, but the problem is that the way Frankly, I am skeptical that any weapons in Afghanistan. We do not use the Committee on Rules has been Member of this body can know for cer- this present generation of nuclear working, at your behest, it would not tain all of the circumstances that any earth penetrators in Afghanistan be- have been in order. That is why we did President in the future will face in a cause we know it is wrong, and because not bother to try. world full of chemical and biological we just have to ask al Qaeda how well Mr. WELDON of Pennsylvania. Mr. and radiological and nuclear weapons, our existing conventional bombs did in Chairman, I yield myself 5 seconds. and we want to say we are not even destroying them. I have not heard any- I felt that same way just a few short going to consider those options to deal one say that there was some problem years ago. I understand the gentleman with all of those things. I think that that needed nuclear weapons to be from Massachusetts’ frustration. would be a mistake. dropped on Afghanistan. Mr. MARKEY. Mr. Chairman, I yield To have a credible deterrent, that The consequences of opposing the 1 minute to the gentlewoman from means political adversaries, and even Markey amendment will be that a new California (Ms. WOOLSEY). generation of nuclear testing, breach- (Ms. WOOLSEY asked and was given friends have to believe in that deter- ing the test ban between the United permission to revise and extend her re- rent. If we say up front, if you burrow States and the Soviet Union, sending a marks.) down in the ground we cannot touch Ms. WOOLSEY. Mr. Chairman, I rise you because our conventional capabili- signal to countries all around the in strong support of the Markey ties have obvious limitations, and so if world that nuclear weapons are now us- amendment to halt development, test- we say we are not even going to con- able, even though we do not need them ing or use of so-called mini nukes. I sider going after buried targets in any in Afghanistan, we do not need them in thank my colleague from Massachu- other way, then we are simply saying, Iraq; we can destroy, level those coun- setts for his continuing leadership on ‘‘Go to it. We’ll leave you alone.’’ We tries. If we use nuclear weapons in nonproliferation issues. are encouraging people to bury their Tora Bora, it will only be in order to Let us make no mistake about it. De- communication, their factories, their ensure that the rubble is bouncing, not veloping these mini nukes would make silos, and we will not be able to do any- that we have destroyed the entire their use more likely, which would thing about it. country already with conventional weapons. make a nuclear war more likely. The b 1645 fact is if we sanction their develop- This is the wrong road to go down. Mr. Chairman, we know Russia has ment, we only provide legitimacy for We are breaching a barrier which would buried targets deep. We have seen what other nations to do exactly the same. be a very serious mistake for our coun- My constituents in Marin and al Qaeda has done in Afghanistan. We try. Sonoma Counties in California, like know Iraq is burying things. So to take Mr. WELDON of Pennsylvania. Mr. most Americans, have made it very an option off the table, to say we are Chairman, I yield myself the balance of clear that they support a reduction in not even going to explore it, that we the time. America’s nuclear arsenal. They are are going to tie our own hands behind Mr. Chairman, we have just com- rightly demanding that we take a rea- our backs, even in a world with all of pleted almost an hour’s worth of work soned approach toward nuclear weap- these difficult, complex situations I of starting a new era in our relation- ons policy, not a renewed buildup of think would be a tragic mistake. We ship with Russia on nuclear weapons. It nuclear arms. Without the Markey should reject the amendment. has been bold. It has been bipartisan. It The CHAIRMAN. The gentleman amendment, United States nuclear pol- has been bilateral. We have shown, from Pennsylvania (Mr. WELDON) has 1 icy will take a U-turn that would without any doubt, that we are willing minute remaining. The gentleman prompt more nuclear competition, to move into a new era. But, Mr. Chair- from Massachusetts (Mr. MARKEY) has threaten our national security, and un- man, as we saw on September 11, there 13⁄4 minutes remaining. The gentleman dermine nonproliferation efforts. are those people who do not play by the Reject this vision. Support the Mar- from Pennsylvania (Mr. WELDON) has rules. Anyone who would take out al- key amendment. the right to close. most 3,000 lives in the most unbeliev- Mr. WELDON of Pennsylvania. Mr. Mr. MARKEY. Mr. Chairman, I yield able way thinkable would not hesitate Chairman, I yield myself 15 seconds. 1 minute to the gentleman from Ohio to do work in one of 10,000 underground Mr. Chairman, this is not a mini nu- (Mr. KUCINICH). bunkers and caves around the world, clear weapon. I do not know where that Mr. KUCINICH. Mr. Chairman, the most of which are in our adversaries’ term came from, but it is totally incor- question is not whether we should per- territory, to develop and potentially rect. A deep earth penetrating weapon mit targets to be buried deep; the ques- use weapons of mass destruction. This is a large weapon designed to do dam- tion is whether we are going to permit amendment would go to the extreme. It age. In fact, in our committee we peace to be buried deep. would prevent the President from even called for a report, again with the bi- We have a nonproliferation treaty doing a feasibility study. partisan spirit of our members on the that stops nuclear weapons from be- This is not about peace. I am a teach- other side, for a study of the effects of coming a sword of Damocles hanging er by profession. Nobody wants peace this. This amendment should be re- over this world. We had an ABM Treaty more than I do. We do not have a han- jected. that stopped the United States and dle on peace with a certain few in this Mr. Chairman, I yield 2 minutes to Russia from engaging each other. We body. This is about giving the Presi- the distinguished gentleman from had START II and START III that was dent legitimate ability to protect us Texas (Mr. THORNBERRY). the basis of getting rid of nuclear against those threats that we see Mr. THORNBERRY. I thank the gen- weapons. We had a Comprehensive Test emerging in the 21st century. I ask my tleman for yielding me this time. Ban Treaty waiting to be signed. Now, colleagues to vote no on the Markey Mr. Chairman, I have always found it we have gone from that kind of a hope- amendment. rather odd that some of our most dif- ful approach to sustain the world to an Ms. LEE. Mr. Chairman, I rise today in ficult battles in the area of national se- approach that puts the world at an strong support of the Markey amendment, and curity are preventing our own people abyss, to an approach that envisions I want to thank my colleagues, Mr. RAHALL by limiting our options and tying our target nations, nuclear first strike, and Mr. MARKEY, for their leadership in stand- hands behind our back. bunker busters. ing up for the environment.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00105 Fmt 4634 Sfmt 9920 E:\CR\FM\K09MY7.114 pfrm15 PsN: H09PT1 H2342 CONGRESSIONAL RECORD — HOUSE May 9, 2002 The Defense Authorization Bill as written Culberson Johnson, Sam Radanovich NOT VOTING—23 Cummings Jones (NC) Rahall Boucher Jackson-Lee Reyes grants the Department of Defense sweeping Cunningham Kanjorski Ramstad Burton (TX) Riley the blanket exemptions to existing environ- Davis (CA) Kaptur Rangel Cannon Kennedy (MN) Roukema Davis (FL) Keller Regula mental laws. Cox Lewis (GA) Davis, Jo Ann Kelly Rehberg Smith (MI) The American public doesn’t want fewer en- Crane Millender- Traficant Davis, Tom Kennedy (RI) Reynolds Davis (IL) McDonald vironmental protections. They want more. Deal Kerns Rivers Watson (CA) Dooley Nethercutt Waxman Eighty-five percent of registered voters sur- DeLauro Kildee Rodriguez Gutierrez Nussle veyed on this question believe that the Depart- DeLay Kilpatrick Rogers (KY) Hall (OH) Ose ment of Defense should have to follow the DeMint Kind (WI) Rogers (MI) Deutsch King (NY) Rohrabacher b 1719 same environmental and public health laws as Diaz-Balart Kingston Ros-Lehtinen everyone else. Dicks Kirk Ross Mr. LEWIS of Kentucky changed his We have already seen efforts to roll back Doolittle Kleczka Rothman vote from ‘‘aye’’ to ‘‘no.’’ protections on our air and water. It is time to Doyle Knollenberg Roybal-Allard So the motion to rise was rejected. Dreier Kolbe Royce stand up and put a stop to these assaults on Duncan Kucinich Rush The result of the vote was announced our environment. Dunn LaFalce Ryan (WI) as above recorded. Biodiversity is essential to our national herit- Edwards LaHood Ryun (KS) The CHAIRMAN. The question is on age. We have an obligation to our children Ehlers Lampson Sabo the amendment offered by the gen- Ehrlich Langevin Sanchez and to their children to protect that biodiver- Emerson Lantos Sanders tleman from Massachusetts (Mr. MAR- sity. Engel Larsen (WA) Sandlin KEY). And so, I urge you to adopt this amend- English Latham Sawyer The question was taken; and the Eshoo LaTourette Saxton Chairman announced that the noes ap- ment. It does not impose any unreasonable Etheridge Leach Schaffer restrictions on the Department of Defense. It Evans Levin Schiff peared to have it. simply ensures that the U.S. government will Everett Lewis (CA) Schrock RECORDED VOTE abide by existing U.S. laws. Farr Lewis (KY) Scott Mr. MARKEY. Mr. Chairman, I de- Fattah Linder Sensenbrenner MOTION TO RISE OFFERED BY MR. TAYLOR OF Ferguson Lipinski Serrano mand a recorded vote. MISSISSIPPI Flake LoBiondo Sessions A recorded vote was ordered. Mr. TAYLOR of Mississippi. Mr. Fletcher Lofgren Shadegg Mr. CHAIRMAN. Pursuant to clause 6 Foley Lowey Shaw Chairman, I move that the Committee Forbes Lucas (KY) Shays of rule XVIII, the Chair will reduce to do now rise. Ford Lucas (OK) Sherman 5 minutes the time for a recorded vote The CHAIRMAN. The question is on Fossella Luther Sherwood on amendment No. 1. the motion to rise offered by the gen- Frelinghuysen Maloney (CT) Shimkus The vote was taken by electronic de- Frost Maloney (NY) Shuster tleman from Mississippi (Mr. TAYLOR). Gallegly Manzullo Simmons vice, and there were—ayes 172, noes 243, The question was taken; and the Ganske Mascara Simpson not voting 19, as follows: Chairman announced that the noes ap- Gekas Matheson Skeen [Roll No. 141] Gephardt Matsui Skelton peared to have it. Gibbons McCarthy (MO) Smith (NJ) AYES—172 RECORDED VOTE Gilchrest McCarthy (NY) Smith (TX) Abercrombie Frank Meeks (NY) Mr. TAYLOR of Mississippi. Mr. Gillmor McCollum Smith (WA) Ackerman Frost Menendez Gilman McCrery Snyder Allen Gephardt Miller, George Chairman, I demand a recorded vote. Gonzalez McHugh Souder Andrews Gonzalez Mink A recorded vote was ordered. Goode McInnis Spratt Baca Gutierrez Moore The vote was taken by electronic de- Goodlatte McKeon Stearns Baird Hastings (FL) Moran (VA) Gordon McKinney Strickland Baldacci Hill Morella vice, and there were—ayes 51, noes 360, Goss McNulty Stump Baldwin Hilliard Nadler not voting 23, as follows: Graham Meehan Sullivan Barrett Hinchey Napolitano [Roll No. 140] Granger Meek (FL) Sununu Becerra Hoeffel Neal Graves Meeks (NY) Sweeney Bentsen Holt Oberstar AYES—51 Green (TX) Menendez Tancredo Berkley Honda Obey Abercrombie Filner Obey Green (WI) Mica Tauscher Berman Hooley Olver Ackerman Frank Olver Greenwood Miller, Dan Tauzin Blagojevich Hoyer Owens Baldwin Hinchey Pallone Grucci Miller, Gary Taylor (NC) Blumenauer Inslee Pallone Berry Honda Pelosi Gutknecht Miller, Jeff Terry Bonior Jackson (IL) Pascrell Blumenauer Jefferson Roemer Hall (TX) Mollohan Thomas Borski Jefferson Pastor Bonior Johnson, E. B. Schakowsky Hansen Moore Thompson (CA) Boswell Johnson, E. B. Payne Boyd Jones (OH) Shows Harman Moran (KS) Thompson (MS) Boucher Jones (OH) Pelosi Brady (PA) Larson (CT) Slaughter Hart Moran (VA) Thornberry Brady (PA) Kaptur Peterson (MN) Capuano Lee Solis Hastings (FL) Morella Thune Brown (FL) Kennedy (RI) Pomeroy Clay Lynch Stark Hastings (WA) Murtha Thurman Brown (OH) Kildee Price (NC) Condit Markey Stenholm Hayes Myrick Tiahrt Capps Kilpatrick Rahall Conyers McDermott Stupak Hayworth Nadler Tiberi Capuano Kind (WI) Rangel DeFazio McGovern Tanner Hefley Napolitano Tierney Cardin Kleczka Rivers DeGette McIntyre Taylor (MS) Herger Neal Toomey Carson (IN) Kucinich Rodriguez Delahunt Miller, George Towns Hill Ney Turner Clay LaFalce Roemer Dingell Mink Waters Hilleary Northup Udall (CO) Clayton Lampson Ross Doggett Oberstar Wu Hilliard Norwood Udall (NM) Clyburn Langevin Roybal-Allard Hinojosa Ortiz Upton Condit Lantos Rush NOES—360 Hobson Osborne Velazquez Conyers Larsen (WA) Sabo Coyne Larson (CT) Sanchez Aderholt Biggert Cantor Hoeffel Otter Visclosky Crowley Leach Sanders Akin Bilirakis Capito Hoekstra Owens Vitter Cummings Lee Sawyer Allen Bishop Capps Holden Oxley Walden Davis (CA) Levin Schakowsky Andrews Blagojevich Cardin Holt Pascrell Walsh DeFazio Lofgren Schiff Armey Blunt Carson (IN) Hooley Pastor Wamp DeGette Lowey Scott Baca Boehlert Carson (OK) Horn Paul Watkins (OK) Delahunt Luther Serrano Bachus Boehner Castle Hostettler Payne Watt (NC) DeLauro Lynch Shays Baird Bonilla Chabot Houghton Pence Watts (OK) Deutsch Maloney (CT) Sherman Baker Bono Chambliss Hoyer Peterson (MN) Weiner Dicks Maloney (NY) Skelton Baldacci Boozman Clayton Hulshof Peterson (PA) Weldon (FL) Dingell Markey Slaughter Ballenger Borski Clement Hunter Petri Weldon (PA) Doggett Matheson Smith (NJ) Barcia Boswell Clyburn Hyde Phelps Weller Dooley Matsui Smith (WA) Barr Brady (TX) Coble Inslee Pickering Wexler Edwards McCarthy (MO) Snyder Barrett Brown (FL) Collins Isakson Pitts Whitfield Engel McCarthy (NY) Solis Bartlett Brown (OH) Combest Israel Platts Wicker Eshoo McCollum Spratt Barton Brown (SC) Cooksey Issa Pombo Wilson (NM) Etheridge McDermott Stark Bass Bryant Costello Istook Pomeroy Wilson (SC) Evans McGovern Strickland Becerra Burr Coyne Jackson (IL) Portman Wolf Farr McKinney Stupak Bentsen Buyer Cramer Jenkins Price (NC) Woolsey Fattah McNulty Tauscher Bereuter Callahan Crenshaw John Pryce (OH) Wynn Filner Meehan Thompson (CA) Berkley Calvert Crowley Johnson (CT) Putnam Young (AK) Ford Meek (FL) Thompson (MS) Berman Camp Cubin Johnson (IL) Quinn Young (FL)

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.086 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2343 Thurman Velazquez Woolsey b 1738 Kaptur Ney Shimkus Tierney Visclosky Wu Keller Northup Shows Towns Waters Wynn Mr. CROWLEY and Mr. FORD Kelly Norwood Shuster Udall (CO) Watt (NC) changed their vote from ‘‘no’’ to ‘‘aye.’’ Kennedy (RI) Nussle Simmons Udall (NM) Weiner So the amendment was rejected. Kerns Oberstar Simpson Kildee Obey Skeen The result of the vote was announced NOES—243 Kilpatrick Ortiz Skelton as above recorded. Kind (WI) Osborne Smith (NJ) Aderholt Goodlatte Otter King (NY) Otter PART A, AMENDMENT NO. 1, AS MODIFIED, Smith (TX) Akin Gordon Oxley Kingston Oxley Smith (WA) OFFERED BY MR. WELDON OF PENNSYLVANIA Armey Goss Paul Kirk Pallone Snyder Bachus Graham Pence The CHAIRMAN. The pending busi- Kleczka Pascrell Souder Baker Granger Peterson (PA) ness is the demand for a recorded vote Knollenberg Pastor Spratt Kolbe Pence Ballenger Graves Petri on amendment No. 1, as modified, Stearns Barcia Green (TX) Phelps LaFalce Peterson (MN) Stenholm Barr Green (WI) Pickering printed in part A of House Report 107– LaHood Peterson (PA) Strickland Bartlett Greenwood Pitts 450 offered by the gentleman from Lampson Petri Stump Barton Grucci Platts Langevin Phelps Stupak Pennsylvania (Mr. WELDON) on which Lantos Pickering Bass Gutknecht Pombo further proceedings were postponed and Sullivan Bereuter Hall (TX) Portman Larsen (WA) Pitts Sununu Berry Hansen Pryce (OH) on which the ayes prevailed by voice Larson (CT) Platts Sweeney Latham Pombo Biggert Harman Putnam vote. Tancredo LaTourette Pomeroy Bilirakis Hart Quinn Tanner The Clerk will redesignate the Leach Portman Bishop Hastings (WA) Radanovich Tauscher amendment. Levin Price (NC) Blunt Hayes Ramstad Tauzin Lewis (CA) Pryce (OH) The Clerk redesignated the amend- Taylor (MS) Boehlert Hayworth Regula Lewis (KY) Putnam Taylor (NC) Boehner Hefley Rehberg ment. Linder Quinn Terry Bonilla Herger Reynolds RECORDED VOTE Lipinski Radanovich Thomas Bono Hilleary Rogers (KY) LoBiondo Rahall The CHAIRMAN. A recorded vote has Thompson (CA) Boozman Hinojosa Rogers (MI) Lowey Ramstad Thompson (MS) Boyd Hobson Rohrabacher been demanded. Lucas (KY) Regula Thornberry Brady (TX) Hoekstra Ros-Lehtinen A recorded vote was ordered. Lucas (OK) Rehberg Thune Brown (SC) Holden Rothman The CHAIRMAN. This will be a 5- Luther Reynolds Bryant Horn Royce Lynch Rivers Thurman Burr Hostettler Ryan (WI) minute vote. Maloney (CT) Rodriguez Tiahrt Buyer Houghton Ryun (KS) The vote was taken by electronic de- Maloney (NY) Roemer Tiberi Toomey Callahan Hulshof Sandlin vice, and there were—ayes 362, noes 53, Manzullo Rogers (KY) Towns Calvert Hunter Saxton Mascara Rogers (MI) not voting 19, as follows: Turner Camp Hyde Schaffer Matheson Rohrabacher Udall (CO) Cantor Isakson Schrock [Roll No. 142] Matsui Ros-Lehtinen Udall (NM) Capito Israel Sensenbrenner AYES—362 McCarthy (MO) Ross McCarthy (NY) Rothman Upton Carson (OK) Issa Sessions Abercrombie Clyburn Gibbons Velazquez Castle Istook Shadegg McCollum Roybal-Allard Akin Coble Gilchrest McCrery Royce Visclosky Chabot Jenkins Shaw Allen Collins Gillmor Vitter Chambliss John Sherwood McHugh Rush Andrews Combest Gilman McInnis Ryan (WI) Walden Clement Johnson (CT) Shimkus Armey Cooksey Gonzalez McIntyre Ryun (KS) Walsh Coble Johnson (IL) Shows Baca Costello Goode McKeon Sabo Wamp Collins Johnson, Sam Shuster Bachus Cox Goodlatte Meek (FL) Sanchez Watkins (OK) Combest Jones (NC) Simmons Baird Coyne Gordon Meeks (NY) Sawyer Watts (OK) Cooksey Kanjorski Simpson Baker Cramer Goss Menendez Saxton Weiner Costello Keller Skeen Baldacci Crenshaw Graham Mica Schaffer Weldon (FL) Cox Kelly Smith (TX) Ballenger Crowley Granger Miller, Dan Schiff Weldon (PA) Cramer Kerns Souder Barcia Cubin Graves Miller, Gary Schrock Weller Crenshaw King (NY) Stearns Barr Culberson Green (TX) Miller, Jeff Scott Wexler Cubin Kingston Stenholm Barrett Cummings Green (WI) Mollohan Sensenbrenner Whitfield Culberson Kirk Stump Bartlett Cunningham Greenwood Moore Serrano Wicker Cunningham Knollenberg Sullivan Barton Davis (CA) Grucci Moran (KS) Sessions Wilson (NM) Davis (FL) Kolbe Sununu Bass Davis (FL) Gutierrez Moran (VA) Shadegg Wilson (SC) Davis, Jo Ann LaHood Sweeney Bentsen Davis (IL) Gutknecht Morella Shaw Wolf Davis, Tom Latham Tancredo Bereuter Davis, Jo Ann Hall (TX) Murtha Shays Wu Deal LaTourette Tanner Berkley Davis, Tom Hansen Myrick Sherman Wynn Berman Deal Harman DeLay Lewis (CA) Tauzin Napolitano Sherwood Young (FL) Berry Delahunt Hart DeMint Lewis (KY) Taylor (MS) Biggert DeLauro Hastings (FL) Diaz-Balart Linder Taylor (NC) NOES—53 Bilirakis DeLay Hastings (WA) Doolittle Lipinski Terry Bishop DeMint Hayes Ackerman Hinchey Neal Doyle LoBiondo Thomas Blagojevich Deutsch Hayworth Baldwin Holt Olver Dreier Lucas (KY) Thornberry Blumenauer Diaz-Balart Hefley Becerra Honda Owens Duncan Lucas (OK) Thune Blunt Dicks Herger Bonior Inslee Paul Dunn Manzullo Tiahrt Boehlert Dooley Hill Capuano Johnson, E. B. Payne Ehlers Mascara Tiberi Boehner Doolittle Hilleary Carson (IN) Jones (OH) Pelosi Ehrlich McCrery Toomey Bonilla Doyle Hilliard Clay Kucinich Rangel Emerson McHugh Turner Bono Dreier Hinojosa Clayton Lee Sanders Condit Lofgren English McInnis Upton Boozman Duncan Hobson Sandlin Conyers Markey Everett McIntyre Vitter Borski Dunn Hoeffel Schakowsky DeFazio McDermott Ferguson McKeon Walden Boswell Edwards Hoekstra Slaughter DeGette McGovern Flake Mica Walsh Boucher Ehlers Holden Dingell McKinney Solis Fletcher Miller, Dan Wamp Boyd Ehrlich Hooley Doggett McNulty Stark Foley Miller, Gary Watkins (OK) Brady (PA) Emerson Horn Farr Meehan Tierney Forbes Miller, Jeff Watts (OK) Brady (TX) Engel Hostettler Waters Brown (FL) English Houghton Fattah Miller, George Fossella Mollohan Weldon (FL) Watt (NC) Brown (OH) Eshoo Hoyer Filner Mink Frelinghuysen Moran (KS) Weldon (PA) Frank Nadler Woolsey Gallegly Murtha Weller Brown (SC) Etheridge Hulshof Ganske Myrick Wexler Bryant Evans Hunter NOT VOTING—19 Gekas Ney Whitfield Burr Everett Hyde Aderholt Kennedy (MN) Riley Gibbons Northup Wicker Buyer Ferguson Isakson Burton Lewis (GA) Roukema Gilchrest Norwood Wilson (NM) Callahan Flake Israel Cannon Millender- Smith (MI) Gillmor Nussle Wilson (SC) Calvert Fletcher Issa Camp Foley Istook Crane McDonald Traficant Gilman Ortiz Wolf Cantor Forbes Jackson (IL) Hall (OH) Nethercutt Watson (CA) Goode Osborne Young (FL) Capito Ford Jefferson Jackson-Lee Ose Waxman Capps Fossella Jenkins (TX) Reyes Young (AK) NOT VOTING—19 Cardin Frelinghuysen John Burton Kennedy (MN) Riley Carson (OK) Frost Johnson (CT) Cannon Lewis (GA) Roukema Castle Gallegly Johnson (IL) b 1749 Crane Millender- Smith (MI) Chabot Ganske Johnson, Sam Davis (IL) McDonald Traficant Chambliss Gekas Jones (NC) Mr. MEEHAN and Ms. SLAUGHTER Hall (OH) Nethercutt Watson (CA) Clement Gephardt Kanjorski changed their vote from ‘‘aye’’ to ‘‘no.’’ Jackson-Lee Ose Waxman (TX) Reyes Young (AK)

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.052 pfrm15 PsN: H09PT1 H2344 CONGRESSIONAL RECORD — HOUSE May 9, 2002 So the amendment, as modified, was spent billions of dollars and lost that powered rifle bullet when it reenters agreed to. money. the atmosphere aimed at an American The result of the vote was announced This bill authorizes $54 million for a city. as above recorded. Boost Program Space-Based Lasers, So we are putting in place an archi- Stated against: which act as interceptors in space, as tecture which is layered, which will Ms. RIVERS. Mr. Chairman, on rollcall No. well as the kinetic physical intercep- give us, hopefully, several shots at 142, I should have voted ‘‘no.’’ I mistakenly tors. This space-based interceptor has these missiles as they progress toward voted ‘‘yea.’’ gone through two iterations already. either our troops in theater or the The CHAIRMAN. It is now in order to They are behind schedule and over United States of America and our cit- consider amendment No. 4 printed in budget. Testing for this space-based ies. We have to have space assets to be part A of House Report 107–450. laser system has been pushed back in- able to intercept those incoming mis- PART A AMENDMENT NO. 4 OFFERED BY MR. definitely. And that is just the testing siles. TIERNEY for the system. Nobody can even pre- Now, one thing we have seen in this Mr. TIERNEY. Mr. Chairman, I offer dict when such a space-based system debate today is what I would call the an amendment. might actually be deployed. new imposition of Marquis of The CHAIRMAN. The Clerk will des- How does continued funding for this Queensbury rules on our side. We just ignate the amendment. program serve us towards a more agile had an amendment in which the other The text of the amendment is as fol- force? We should not repeat the past people may drive an airplane into an lows: errors, like Safeguard, which was the American tower and destroy thousands Part A amendment No. 4 offered by Mr. first stab at a failed missile defense of American civilians, but it is against TIERNEY: space wars system in the 1970s. Rushing the rules for us to go after their leader- At the end of subtitle C of title II (page 49, to fund an untested program with the ship if they are buried deep under- after line 17), insert the following new sec- questionable capabilities of this one ground and we use a nuclear pene- tion: makes no sense. It jeopardizes stra- trator. That is not Marquis of SEC. 234. PROHIBITION ON USE OF FUNDS FOR SPACE-BASED NATIONAL MISSILE tegic judgment and wastes our much- Queensbury rules. And no matter what DEFENSE PROGRAM. needed money. the other side does, we must play by No funds appropriated for fiscal year 2003 At the very least, we should be the Marquis of Queensbury rules. for the Department of Defense may be used alarmed that we are not taking the Well, we are already in space. It does for a space-based national missile defense time as a Nation to have a thoughtful not make any sense to have a very program. dialogue on this and the ramifications broadly worded amendment that, if we The CHAIRMAN. Pursuant to House of this national missile defense system. take it literally, would ban the very Resolution 415, the gentleman from There are billions in this budget that systems that we are testing right now. Massachusetts (Mr. TIERNEY) and a have little to do with our priority real- There is another aspect of this, and Member opposed each will control 10 istic threats to our security. This Star that is this: we had the predator over minutes. Wars program is but one small part of in Afghanistan, and the predator is our The Chair recognizes the gentleman that. unmanned aircraft. And from that air- from Massachusetts (Mr. TIERNEY). Mr. Chairman, I reserve the balance craft we take certain recon capability, Mr. TIERNEY. Mr. Chairman, I yield of my time. certain sensors, and we target the myself such time as I may consume. Mr. HUNTER. Mr. Chairman, I rise in enemy. And then we use another plat- It is clear from the size of this De- opposition to the amendment. form, whether it is from a ship or a partment of Defense budget, including The CHAIRMAN. The gentleman plane or a land-based unit, to hit that the $48 billion-or-so increase, that the from California is recognized for 10 enemy that was targeted by the pred- administration and others here are minutes. ator. And our war-fighting com- using the circumstances of our involve- Mr. HUNTER. Mr. Chairman, I yield manders, who were trying to win the ment in Afghanistan and the cir- myself such time as I may consume. war over there, with as few Americans cumstances of September 11 to put My colleagues, we are in space. We as possible being killed, said this: They money into this budget for all manner are in space in a way that is inex- said, maybe we should just use that of programs whether or not they deal tricably linked with not only our mis- airborne unit up there. Instead of just with priority threats to this country sile defense system but almost all of using that for information and relaying now and here. our systems. that information to the ground, why do Every Member of this body is con- If we take a look at the architecture we not just put a hell fire missile on cerned and wants the best defense pos- for our space systems, we have in space that particular UAV and go ahead and sible for this country. We all want sup- literally everything from weather and strike the enemy with the UAV? In port for the men and women who serve. the environment, to navigation, to sur- other words, let us use this recon unit We want fair pay, decent housing, veillance and reconnaissance, to mis- for both a reconnaissance and for the working weapons. We are collectively sile warning, to communications. The attack shot. concerned with the security of this successful intercepts that we have So we are becoming more efficient in country, and we need to be certain we made now out of the Kwajalein Test the way we use technology. So the idea allocate our limited resources toward Range took place 148 miles above the that we have to play by some obscure programs that target those threats and surface of the Earth. Marquis of Queensbury rules that says risks which are the most likely to en- I want to read the amendment of my we cannot use space to stop a missile danger us now and in the near future. friend, the gentleman from Massachu- that may be incoming to an American This amendment then focuses on just setts (Mr. TIERNEY): ‘‘No funds appro- city does not make any sense. that. It is to make the point that this priated for fiscal year 2003 for the De- So I would just urge all Members to bill is a repository for already-repudi- partment of Defense may be used for a vote against this amendment. This is a ated programs, some of which our own space-based national missile defense dangerous amendment. If taken lit- Secretary of Defense is surprised to program.’’ erally, it freezes our present programs still see in this bill. The amendment Now, in the first place, we simply in place. does it by prohibiting the Department have a missile defense program, not a Mr. Chairman, I reserve the balance of Defense from using funds this fiscal national missile versus a theater mis- of my time. year for space-based national missile sile defense program, because we are MOTION TO RISE OFFERED BY MR. TAYLOR OF defense, or Star Wars. Not sea based, now dealing with a number of missiles MISSISSIPPI not air based, not land based, not com- which have varying rates of speed and Mr. TAYLOR of Mississippi. Mr. ponents of any of those. We should de- distances. For example, we have the Chairman, I move that the Committee bate those matters. But this amend- old Model T scud that goes fairly slow- do now rise. ment focuses on space-based, or Star ly, several hundred miles, all the way The CHAIRMAN. The question is on Wars, programs, the same concept up to the fast-moving ICBM that will the motion to rise offered by the gen- which was here before, on which we go several times the speed of a high- tleman from Mississippi (Mr. TAYLOR).

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.122 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2345 The question was taken; and the LoBiondo Petri Skelton Mr. TIERNEY. Mr. Chairman, will Lofgren Phelps Smith (MI) Chairman announced that the noes ap- Lowey Pickering Smith (NJ) the gentleman yield? peared to have it. Lucas (KY) Pitts Smith (TX) Mr. SPRATT. I yield to the gen- RECORDED VOTE Lucas (OK) Platts Smith (WA) tleman from Massachusetts. Luther Pombo Snyder Mr. TIERNEY. No, the amendment Mr. TAYLOR of Mississippi. Mr. Maloney (CT) Pomeroy Spratt Chairman, I demand a recorded vote. Maloney (NY) Portman Stearns does not affect space-based sensors. It A recorded vote was ordered. Manzullo Price (NC) Stenholm only affects space-based interceptors. The vote was taken by electronic de- Mascara Pryce (OH) Strickland Mr. SPRATT. So, specifically, your Matheson Putnam Stupak amendment would not prohibit or af- vice, and there were—ayes 46, noes 356, Matsui Quinn Sullivan not voting 32, as follows: McCarthy (MO) Radanovich Sununu fect funding for what we call SBIRS- McCarthy (NY) Rahall Sweeney High, space-based infrared sensors, [Roll No 143] McCollum Ramstad Tancredo SBIRS-High or SBIRS-Low sensor pro- AYES—46 McCrery Rangel Tauscher McHugh Regula Tauzin grams like this? Abercrombie Frank Oberstar McInnis Rehberg Taylor (NC) Mr. TIERNEY. The gentleman is cor- Baldwin Hill Olver McKeon Reynolds Terry Berry Holt rect. Pelosi McKinney Rivers Thomas Blumenauer Honda Mr. SPRATT. I thank the gentleman Rush McNulty Rodriguez Thompson (CA) Bonior Jefferson Shows Meehan Roemer Thompson (MS) for these clarifications. Therefore, the Boyd Johnson, E. B. Slaughter Meeks (NY) Rogers (KY) Thornberry gentleman’s amendment would pro- Brady (PA) Jones (OH) Solis Menendez Rogers (MI) Thune Capuano Larson (CT) hibit funding for the space-based bal- Stark Mica Rohrabacher Thurman Condit Lee listic missile defense interceptors, $54 Tanner Miller, Dan Ros-Lehtinen Tiahrt Conyers Lynch Taylor (MS) Miller, Gary Ross Tiberi million is requested, but it would not Davis (IL) Markey Towns Miller, Jeff Rothman Tierney affect sensors at all. DeGette McDermott Mollohan Roybal-Allard Toomey Dicks McGovern Waters Mr. TIERNEY. The gentleman is cor- Moore Royce Turner Dingell McIntyre Weiner Moran (KS) Ryan (WI) Udall (CO) rect. Doggett Miller, George Wu Moran (VA) Ryun (KS) Udall (NM) Mr. SPRATT. I thank the gentleman Filner Mink Morella Sabo Upton for the clarification. The space-based NOES—356 Myrick Sanchez Velazquez interceptor, as some know, has gone Nadler Sandlin Visclosky Ackerman Cubin Hastings (FL) Napolitano Sawyer Vitter through a couple of iterations, both of Aderholt Culberson Hastings (WA) Neal Saxton Walden which have eventually been discarded. Akin Cummings Hayes Northup Schaffer Walsh I think the Missile Defense Agency has Allen Cunningham Hayworth Norwood Schakowsky Wamp Andrews Davis (CA) Hefley Nussle Schiff Watkins (OK) already a full plate. It ought to stay fo- Armey Davis (FL) Herger Obey Schrock Watt (NC) cused on ground-based and ship-based Baca Davis, Jo Ann Hilleary Ortiz Scott Watts (OK) interceptors. For that reason, with this Bachus Davis, Tom Hilliard Osborne Sensenbrenner Weldon (FL) clarification, I can support the amend- Baird Deal Hinchey Otter Serrano Weldon (PA) Baker DeFazio Hinojosa Owens Sessions Weller ment. Baldacci DeLauro Hobson Oxley Shadegg Wexler Mr. HUNTER. Mr. Chairman, I yield Barcia DeLay Hoeffel Pallone Shaw Whitfield myself 30 seconds. Barr DeMint Hoekstra Pascrell Shays Wicker The problem here is we are not deal- Barrett Deutsch Holden Pastor Sherman Wilson (NM) Bartlett Dooley Hooley Paul Sherwood Wilson (SC) ing with the amendment as the gen- Barton Doolittle Horn Payne Shimkus Wolf tleman from Massachusetts would re- Bass Doyle Hostettler Pence Shuster Woolsey write it. We are dealing with the Becerra Dreier Houghton Peterson (MN) Simmons Wynn Bereuter Duncan Hoyer Peterson (PA) Skeen Young (AK) amendment as it is written, because Berkley Dunn Hulshof that is the amendment that is going to Biggert Edwards Hunter NOT VOTING—32 be dealt with by DOD lawyers. It says, Bilirakis Ehlers Hyde Ballenger Hansen Reyes ‘‘No funds appropriated for fiscal year Bishop Ehrlich Inslee Bentsen Kennedy (MN) Riley Blagojevich Emerson Isakson Berman Lewis (GA) Roukema 2003 for the Department of Defense may Blunt Engel Israel Boucher Lipinski Sanders be used for a space-based national de- Boehlert English Issa Burton Meek (FL) Simpson Boehner Eshoo Istook fense missile program.’’ Cannon Millender- Souder The point is we have to deal with the Bonilla Etheridge Jackson (IL) Crane McDonald Stump Bono Evans Jackson-Lee Delahunt Murtha Traficant law as it is written, not as he would re- Boozman Everett (TX) Diaz-Balart Nethercutt Watson (CA) write it. If he is going to rewrite it, I Borski Farr Jenkins Greenwood Ney Waxman would recommend he come back next Boswell Fattah John Hall (OH) Ose Young (FL) Brady (TX) Ferguson Johnson (CT) year with another text. This thing Brown (FL) Flake Johnson (IL) b 1826 would basically put a freeze on the pro- Brown (OH) Fletcher Johnson, Sam Brown (SC) Foley Jones (NC) Ms. LOFGREN, Mr. BEREUTER and grams that we have right now. Bryant Forbes Kanjorski Mr. CRAMER changed their vote from Mr. TIERNEY. Mr. Chairman, I yield Burr Ford Kaptur ‘‘aye’’ to ‘‘no.’’ 1 minute to the gentleman from Texas Buyer Fossella Keller (Mr. DOGGETT). Callahan Frelinghuysen Kelly So the motion was rejected. Calvert Frost Kennedy (RI) The result of the vote was announced Mr. DOGGETT. Mr. Chairman, space- Camp Gallegly Kerns as above recorded. based missile defense is the true faith- Cantor Ganske Kildee Mr. TIERNEY. Mr. Chairman, I yield based initiative because it takes a Capito Gekas Kilpatrick mighty big leap of faith to believe we Capps Gephardt Kind (WI) 1 minute to the gentleman from South Cardin Gibbons King (NY) Carolina (Mr. SPRATT). can master the technology, distinguish Carson (IN) Gilchrest Kingston Mr. SPRATT. Mr. Chairman, I would the decoys and achieve perfection. Carson (OK) Gillmor Kirk like to engage the gentleman from Of course, in the real world this Castle Gilman Kleczka Chabot Gonzalez Knollenberg Massachusetts in a colloquy about his spacey shield idea has been rather hit Chambliss Goode Kolbe amendment. or miss, mostly miss, since you need Clay Goodlatte Kucinich The gentleman from California was perfect weather and a honing beacon on Clayton Gordon LaFalce just showing us a number of space- the incoming missile for it to work. Clement Goss LaHood Clyburn Graham Lampson based systems, satellites and sensors, But the experience never seems to faze Coble Granger Langevin that are in one way or another con- those who have seen so many Star Collins Graves Lantos nected with ballistic missile defense. Wars sequels that they abide by the Combest Green (TX) Larsen (WA) Cooksey Green (WI) Latham Is it the gentleman’s intention in questionable principle, ‘‘build it and it Costello Grucci LaTourette this amendment to prohibit funding for will work.’’ I prefer the wisdom of Dr. Cox Gutierrez Leach space-based sensors that are instru- Steven Weinberg, a Nobel Prize-win- Coyne Gutknecht Levin mental to the airborne laser and ning physicist at the University of Cramer Hall (TX) Lewis (CA) Crenshaw Harman Lewis (KY) ground-based and sea-based ballistic Texas, who says this system will Crowley Hart Linder missile defense systems? ‘‘worsen our security’’, and that of

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.125 pfrm15 PsN: H09PT1 H2346 CONGRESSIONAL RECORD — HOUSE May 9, 2002 former Defense Secretary William could in fact end the only joint pro- Mr. TIERNEY. Mr. Chairman, I am Perry, who warned that ‘‘a relatively gram we have with Russia. Does the told the gentleman is like that all the small deployment of defensive systems gentleman know about the RAMOS time, so I will not carry on, except to could have the effect of triggering a program which the Russians proposed note that the chief investigator of the considerable nuclear arms race.’’ that we do, which Carl Levin on the director of Operations, Testing and If terrorism is now our greatest Senate side led the fight to restore? Evaluation has said that the deploy- threat, if we have learned anything That program is 2 satellites. Under the ment of this is so far into the future, it from September 11, we know an ICBM gentleman’s amendment, we cut the is beyond the horizon. is not the most likely way to wreak funding for the RAMOS program be- Mr. Chairman, I yield 1 minute to the devastation and that putting so many cause, heaven forbid, satellites are in gentleman from Ohio (Mr. KUCINICH). more taxpayers’ dollars in this one space. Mr. KUCINICH. Actually, Mr. Chair- NMD basket makes so little security But wait a minute. What about all of man, there are some people who believe sense. my colleagues here who care about that the world does have the possi- We can spend billions trying to build a Israel’s security? We funded with our bility to live in peace and that the in- shield to blunt every sword or we can invest money the Arrow program. We spent strumentalities of violence will eventu- our resources and diplomacy more wisely to almost $500 million on Arrow, the most ally give way to human reason and keep the sword, or missile from ever being successful missile defense program op- that our ability to talk to each other drawn. erating today. as human beings may be the basis for Well, guess what? Maybe the gen- peace in the world as opposed to b 1830 tleman does not know this, but we are weaponizing space. Mr. TIERNEY. Mr. Chairman, I yield now retrofitting Arrow so it can inter- The gentleman’s amendment is well 1 minute to the gentleman from Maine act with our systems. So what the gen- taken because, according to an Air (Mr. ALLEN). tleman wants to say is no more na- Force briefing, the space-based laser is Mr. ALLEN. Mr. Chairman, I thank tional missile defense. being contemplated for anti-satellite the gentleman for yielding me this Well, guess what? To Israel, Arrow is missions, denying access to space, dis- time. their national missile defense, and we rupting satellite communications, Mr. Chairman, I rise in support of the funded it. knocking out high altitude aircraft, or Tierney amendment to ban spending on So the fact is that while the gen- unmanned aerial vehicles. These mis- space-based national missile defense tleman may have wanted to end one sions go far beyond intercepting mis- systems in fiscal year 2003. Before fund- specific program, the amendment is so siles, and they echo the Quadrennial vague that it applies to everything, ing space-based weapons, we should Defense Review’s call for the United and it really does not make any sense. have a consensus on the wisdom of States to exploit space for military It really was designed for a Ronald space-based warfare and today there is purposes, and the Air Force’s wish in a Reagan-era debate when Stars Wars no such consensus. Joint Vision 20/20 document for full could be used like Darth Vader, that The Missile Defense Agency has re- spectrum dominance in space. quested $35 million to do R&D on a somehow we were advocating some ob- What colossal arrogance it is to as- space-based laser which has not com- scene process to start war in space. sume that we can seize the high heav- That is not the case. pleted concept definition and was ens and control the world through We have a very deliberate program killed by the House Committee on Ap- space. Yes, work for peace on earth, that has been supported by Democrats propriations last year. The administra- and Republicans because we have con- and when we do that, we will not have tion wants to resurrect space-based ki- fidence, perhaps more than ever, in the to worry about a later generation cre- netic interceptors to shoot down mis- director of our Missile Defense Agency. ating peace in space. siles in the boost phase. This approach Mr. HUNTER. Mr. Chairman, I yield General Kadish is respected by Demo- has been tried and rejected twice be- myself such time as I may consume to crats and Republicans for giving us a fore on technological and cost grounds. just remind my colleagues that when thoughtful, interconnected, multi-lay- The Missile Defense Agency should ered approach to missile defense. There we are considering this amendment and focus on getting the most mature sys- is no more national missile defense. It we consider all of the things that our tems like PAC 3 and THAAD to the does not exist. It is no longer a term military uses that are space-based field to protect our troops, not to in- used in the jargon. To say somehow we right now, right from a marine platoon vest in systems that will make outer are going to end it is a misnomer. leader’s GPS, it tells him where he is, space the next battlefield. In terms of space, if we ended the to the recon satellites that we have to, Mr. Chairman, I urge support for the space assets, whether it is airborne or yes, the cueing system that we are Tierney amendment. higher, we would basically end a whole going to have to hopefully be able to Mr. HUNTER. Mr. Chairman, I yield ton of programs that are now under intercept missiles before they impact 31⁄2 minutes to the gentleman from way, and we would deny eventually the our cities, I think we are going to come Pennsylvania (Mr. WELDON). ability of Israel to do what she is going to the conclusion that the American (Mr. WELDON of Pennsylvania asked to have to do. We cannot have it both people do not have too much tolerance and was given permission to revise and ways on this debate. If my colleagues for the argument that is being put for- extend his remarks.) want to defend the people of Israel ward. Mr. WELDON of Pennsylvania. Mr. against the Shahab III missile from There are no people in space. There Chairman, this is a 1980s amendment; Iran, which is there today, Israel can- are people in those towers that got hit Ronald Reagan was President. The not shoot that missile down mid- by those incoming planes. If we ask the term ‘‘Stars Wars’’ is again resur- stream. Because like the Patriot, it American people would you accept a recting itself. It has no relevancy to will rain on the people. Israel needs to space-based system that might have what we are doing today. This is not a take down that Scud missile when it is protected the Twin Towers, they prob- discussion of whether or not we are launched. We cannot do that without ably would say yes. We do not care if going to deploy a strategic defense ini- assets that allow us to take it out in we are violating the Marquis of tiative. That discussion is over; it the boost phase. That is going to even- Queensbury rules by somehow using as- ended in the 1980s and 1990s. There is no tually require some type of space-based sets that are in space. So this is an ar- national missile defense, so the amend- assets. gument that I think should be given ment is not relative. So we are having a debate for the short shrift by the American people. In fact, if we take this amendment, it 1980s. Let us all join hands and sing We are in space, other nations are in is so poorly worded, which is why the peace songs and let us all hug each space, and the idea that we are going gentleman from South Carolina (Mr. other and say we are all for peace, but to take from General Kadish, who SPRATT) had to get clarification, be- this amendment is absolutely out- Democrats and Republicans trust and cause even he has concerns, but to get rageous. I encourage my colleagues to feel is a good steward of this program, clarification, he is trying to qualify vote no, and let us sing Kumbaya to- the idea that we are going to take one some things. It is so poorly worded we gether in voting no. of his options that he has laid out to

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.132 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2347 test, we are going to move it off of the lions of dollars? I believe the answer is terribly weak and we have to spend all table because we want to impose our no. Not now, and not in the future. of these billions. That is totally at judgment in place of his judgment is Today we do face some very real variance with the reality of a very not a good thing. threats. Warnings are issued on a reg- strong America, and the need to spend We have given him this set of op- ular basis of possible terrorist attacks. these additional billions on these ill- tions. We have let him pick them. We Interceptors from space are not going thought-out programs does not exist. are going to let him go through with to help us. We need better intelligence Mr. SKELTON. Mr. Chairman, I move the test. We have a robust testing to intercept phone conversations and to strike the last word. schedule ahead of us. He is going to shoe bombs and biological weapons at Mr. Chairman, during the testimony throw the losers out and reward the our airports, seaports, trains and high- when General Eberhardt was before our winners by trying to get something ways. committee, and a question was put to that can stop incoming ballistic mis- Long-range, weaponizing space, him as to what is of utmost importance siles in the next 4 to 5 years. That is a bringing weapons into another dimen- for the future, his answer was what we good goal. We should leave this pack- sion, is not a formula for security. call SBIRS, Space-Based Infrared Sys- age that he has intact. Let us let him Rather, as the Union of Concerned Sci- tem. entists contend, such a move desta- make some decisions and let us let b 1845 General Kadish have some discretion. bilizes arms control as we know it. Please vote no on this. The only Stars Wars any Members of I think that is very, very important Mr. TIERNEY. Mr. Chairman, it is this Congress should see will be at a to the defense of our country, based Mr. Kadish’s plans, which the director theater near you on May 16. I strongly upon General Eberhardt’s comments to of Operations, Testing and Evaluation urge a yes vote on the Tierney amend- us that day. said had no testing regime that any- ment. Now, based upon the colloquy be- body could trust or that would work. Mr. TIERNEY. Mr. Chairman, I yield tween the gentleman from Massachu- Mr. Chairman, I yield 1 minute to the the remaining time to the gentleman setts (Mr. TIERNEY) and the gentleman gentleman from New Jersey (Mr. from Massachusetts (Mr. FRANK). from South Carolina (Mr. SPRATT), it is HOLT). Mr. FRANK. Mr. Chairman, I con- apparent that the SBIRS, or the space- (Mr. HOLT asked and was given per- gratulate the gentleman from Cali- based infrared systems, are exempt mission to revise and extend his re- fornia on his debating tactic. He has from the language and the intent of marks.) me focused on how that space-based in- this amendment, which allows me, Mr. HOLT. Mr. Chairman, while terceptor was going to stop the attack based upon that, to support this there are many things in the defense on the World Trade Center when no one amendment. authorization bill that I support, na- knew the attack was coming. Maybe it Mr. ROEMER. Mr. Chairman, will the tional missile defense is not one of has psychic powers. So I do not know gentleman yield? them, and the gentleman from Massa- what else I am supposed to talk about. Mr. SKELTON. I yield to the gen- chusetts is seeking to eliminate one of Except I would note that I was tleman from Indiana. the more senseless parts of the sup- struck, when forced to defend this no- (Mr. ROEMER asked and was given posed national missile defense system. tion of a space-based system, we are permission to revise and extend his re- The proposed missile defense system told that it is for Israel. I have to say, marks.) would not work as designed, as wishing in addition to all of Israel’s other prob- Mr. ROEMER. Mr. Chairman, I thank will not overcome the physics. It could lems, getting schlepped into every de- my good friend, the gentleman from be confused with the decoys, it could be fense debate when my colleagues are Missouri, for yielding to me. bypassed for suitcase bombs, pickup short of an argument seems to me an I want to start by applauding my trucks, sea-launched missiles. It would unnecessary burden on them. Yes, peo- friend, the gentleman from California be billions of dollars down the drain. ple are prepared to deal with the Arrow (Mr. HUNTER); my friend, the gen- But it is not just a diversion of re- and support the Arrow. tleman from Pennsylvania (Mr. sources. It is worse than a waste. Sim- As to the gentleman’s amendment, it WELDON), and this side of the aisle for ple strategic analysis tells us that pro- is not perfectly worded because of the putting together a good bill that I rise vocative yet permeable defenses are de- process we have. He had another in strong support of. stabilizing and would reduce our secu- amendment, a very specific amend- I rise in strong support of the ability rity. ment that the Committee on Rules of the gentleman from Mississippi (Mr. Americans have been awakened in re- kept out. If we were in a normal situa- TAYLOR) or anybody else in this body cent months to threats to our national tion, we could have amended the to stand up and offer motions to ad- security and they understand that a amendment. It is clear what is in- journ because they have not had the space-based missile defense will not tended. If this amendment passes and opportunity to offer an important help. Americans have learned in recent goes to conference, the colloquy will be amendment. months that we need anthrax defense, carried out. I rise in strong support, Mr. Chair- we need container ship defense, we The question is this: Everywhere but man, of the principles in this great need bridge and tunnel defense. We do on the floor of the House, people on the House of free debate and free speech on not need space-based national missile other side talk about how we are going a bill that has been on this floor in the defense. to have these space-based interceptors past for 2 and 3 weeks, yet somehow we The CHAIRMAN. The gentleman that are going to come down and prob- want to get it through in hours today. from California (Mr. HUNTER) has 15 ably knock down the planes at the There are very many important seconds remaining. The gentleman World Trade Center when we did not amendments that were denied the pos- from Massachusetts (Mr. TIERNEY) has know there were planes that we should sibility of being debated in the Com- 21⁄2 minutes remaining. have been going after, and do all of mittee on Rules on this floor. Why is Mr. TIERNEY. Mr. Chairman, I yield these other things. The fact is that we that important? Back in 1969, a man by 1 minute to the gentlewoman from Illi- do not believe that putting billions and the name of Robert Wilson, the first di- nois (Ms. SCHAKOWSKY). billions of dollars, when we are already rector of the Fermilab, a particle phys- Ms. SCHAKOWSKY. Mr. Chairman, I underfunding all manner of other prior- ics facility, was asked to testify before rise in support of the Tierney amend- ities, into a space-based system makes Congress. ment to prohibit the Bush administra- sense. Congress asked him, What does your tion from spending taxpayer dollars on I have heard people say if we do not testimony and your lab have to do with a space-based, 21st century version of a do this, we are going to encounter a the defense of this country? And here is Stars Wars missile defense system. space-based Pearl Harbor. Well, fortu- what he said: ‘‘This new knowledge has The simple question we should al- nately, there is no space-based Japan all to do with honor and country, but it ways ask is does this system make us of 1941. We have it to ourselves. has nothing to do directly with defend- safer? Are my children and my grand- Finally, I want to say, Mr. Chairman, ing our country, except to make it children safer if we spend these mil- time and again we are told America is worth defending.’’

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.134 pfrm15 PsN: H09PT1 H2348 CONGRESSIONAL RECORD — HOUSE May 9, 2002 Now, ‘‘make it worth defending’’ is MOTION TO RISE OFFERED BY MR. TAYLOR OF Kanjorski Neal Shadegg MISSISSIPPI Kaptur Ney Shaw when we can have the amendment of Keller Northup Shays the gentleman from Mississippi (Mr. Mr. TAYLOR of Mississippi. Mr. Kelly Norwood Sherman TAYLOR) on base closure debated on the Chairman, I move that the Committee Kennedy (RI) Nussle Sherwood floor; when we can have a Crusader do now rise. Kerns Obey Shimkus Kildee Ortiz Shuster missile amendment, which even the The CHAIRMAN. The question is on Kilpatrick Osborne Simmons Secretary of the Defense Department the motion to rise offered by the gen- Kind (WI) Otter Simpson wants to eliminate, debated on this tleman from Mississippi (Mr. TAYLOR). King (NY) Owens Skeen The question was taken; and the Kingston Pallone Skelton floor. That is in the best interests of Kirk Pascrell Smith (MI) this country. Chairman announced that the noes ap- Kleczka Pastor Smith (NJ) The Secretary of Defense has said we peared to have it. Knollenberg Paul Smith (TX) Kolbe Payne Smith (WA) RECORDED VOTE can save the taxpayer $11 billion, yet Kucinich Pence Snyder the Committee on Rules, run by the Mr. TAYLOR of Mississippi. Mr. LaFalce Peterson (MN) Souder Republican Party, said they are going Chairman, I demand a recorded vote. LaHood Peterson (PA) Spratt to deny five different amendments the A recorded vote was ordered. Lampson Petri Stearns Langevin Phelps Stenholm opportunity to be debated on this floor. The vote was taken by electronic de- Lantos Pickering Strickland Mr. Chairman, when those terrorists vice, and there were—ayes 48, noes 356, Larsen (WA) Pitts Stump attacked our country in New York City not voting 30, as follows: Latham Platts Sullivan LaTourette Pombo Sununu and at the Pentagon, they attacked [Roll No. 144] Leach Pomeroy Sweeney more than our people and more than AYES—48 Levin Portman Tancredo Lewis (CA) Price (NC) Tauscher our buildings. They attacked the prin- Abercrombie Frank Miller, George Lewis (KY) Pryce (OH) Tauzin Baldwin Hastings (FL) Mink ciples of free speech. They attacked Linder Putnam Taylor (NC) Berry Hill Oberstar what we stand for in this country. Lipinski Quinn Terry Blumenauer Hinchey Olver LoBiondo Radanovich Thompson (CA) Let us not let the people’s House Bonior Holt Pelosi Lofgren Rahall Thompson (MS) Boyd Honda Schakowsky deny the people of this great House the Lowey Ramstad Thornberry Brady (PA) Jefferson Shows opportunity to offer their amendments. Lucas (KY) Rangel Thune Capuano Johnson, E. B. Slaughter Lucas (OK) Regula Thurman Let us let the gentleman from Mis- Clay Larson (CT) Solis Luther Rehberg Tiahrt sissippi (Mr. TAYLOR) offer that amend- Condit Lee Stark Maloney (CT) Reynolds Tiberi Conyers Lynch Tanner ment, and let us give the taxpayer the Manzullo Rivers Toomey DeGette Maloney (NY) Taylor (MS) opportunity for an amendment to save Mascara Rodriguez Turner Delahunt Markey Towns Matheson Roemer Udall (CO) $11 billion. Dingell McDermott Waters Matsui Rogers (KY) Udall (NM) Doggett McGovern Watt (NC) Mr. SKELTON. In conclusion, Mr. McCarthy (MO) Rogers (MI) Upton Filner McIntyre Wu Chairman, I again reiterate, based McCarthy (NY) Rohrabacher Velazquez upon the colloquy between the gen- NOES—356 McCollum Ros-Lehtinen Visclosky McHugh Ross Vitter tleman from South Carolina (Mr. Ackerman Clyburn Gephardt McInnis Rothman Walden SPRATT) and the gentleman from Mas- Aderholt Coble Gibbons McKeon Roybal-Allard Walsh Akin Collins Gilchrest sachusetts (Mr. TIERNEY) and those McKinney Royce Wamp Allen Combest Gillmor McNulty Rush Watkins (OK) concerned about the future of the Andrews Cooksey Gilman Meehan Ryan (WI) Watts (OK) SBIRS system, I can fully support the Armey Costello Gonzalez Meek (FL) Ryun (KS) Weiner amendment. Baca Cox Goode Meeks (NY) Sabo Weldon (FL) Bachus Coyne Goodlatte Menendez Sanchez Weldon (PA) Mr. HUNTER. Mr. Chairman, I yield Baird Cramer Gordon Mica Sanders Weller myself the balance of my time. Baker Crenshaw Goss Miller, Dan Sandlin Wexler Just to conclude, Mr. Chairman, this Baldacci Crowley Graham Miller, Gary Sawyer Whitfield Ballenger Cubin Granger Miller, Jeff Saxton Wicker is a three-sentence amendment. When Barcia Culberson Graves Mollohan Schaffer Wilson (NM) it takes a colloquy to explain what a Barr Cummings Green (TX) Moore Schiff Wilson (SC) three-sentence amendment means, we Barrett Cunningham Green (WI) Moran (KS) Schrock Wolf Barton Davis (CA) Greenwood know we are in trouble. Moran (VA) Scott Woolsey Bass Davis (FL) Grucci Morella Sensenbrenner Wynn This amendment, as it is written, Becerra Davis (IL) Gutierrez Murtha Serrano Young (AK) would freeze our present programs with Bentsen Davis, Jo Ann Gutknecht Myrick Sessions Young (FL) Bereuter Davis, Tom Hall (TX) respect to testing missile defense. Berkley Deal Hansen NOT VOTING—30 Please vote ‘‘no’’ on this amendment. Berman DeFazio Harman Bartlett John Reyes Biggert DeLauro Hart Boehner Kennedy (MN) Riley Ms. WOOLSEY. Mr. Chairman, I rise in Bilirakis DeLay Hastings (WA) Burton Lewis (GA) Roukema strong support of the Tierney amendment. Bishop DeMint Hayes Cannon McCrery Stupak Considering the poor results that recent Blagojevich Deutsch Hayworth Crane Millender- Blunt Diaz-Balart Hefley Thomas N.M.D. tests have had, it’s mind-boggling that Dooley McDonald Tierney Boehlert Dicks Herger English Nadler funding for a national missile defense system Bonilla Doolittle Hilliard Traficant Gallegly Napolitano Watson (CA) is still being debated. Bono Doyle Hobson Hall (OH) Nethercutt Waxman Since 1940, the U.S. has spent $5.8 trillion Boozman Dreier Hoeffel Hilleary Ose Borski Duncan Hoekstra Hinojosa Oxley dollars on nuclear weapons programs . . . Boswell Dunn Holden more than on any other single program, ex- Boucher Edwards Hooley cept Social Security! The U.S. has already Brady (TX) Ehlers Horn b 1917 Brown (FL) Ehrlich Hostettler spent more than $100 billion on missile de- Brown (OH) Emerson Houghton Ms. McCOLLUM and Messrs. WYNN, fenses with little to show—so why do we keep Brown (SC) Engel Hoyer BRADY of Texas and Kingston changed throwing good money after bad? Bryant Eshoo Hulshof their vote from ‘‘aye’’ to ‘‘no.’’ Burr Etheridge Hunter Mr. Chairman, where are our priorities? In- Buyer Evans Hyde So the motion to rise was rejected. stead of investing in missile defense pro- Callahan Everett Inslee The result of the vote was announced grams—we should be spending our scarce fi- Calvert Farr Isakson as aboved recorded. nancial resources on our real domestic needs Camp Fattah Israel Cantor Ferguson Issa PART A AMENDMENT NO. 4 OFFERED BY MR. . . . like our children’s education; our seniors, Capito Flake Istook TIERNEY and their health care; our families and their fi- Capps Fletcher Jackson (IL) The CHAIRMAN. The question is on nancial security. Cardin Foley Jackson-Lee Carson (IN) Forbes (TX) the amendment offered by the gen- If this Congress wants to really increase Carson (OK) Ford Jenkins tleman from Massachusetts (Mr. U.S. security, we must invest in people, not Castle Fossella Johnson (CT) TIERNEY). weapons. Chabot Frelinghuysen Johnson (IL) The question was taken; and the Chambliss Frost Johnson, Sam I urge my colleagues to support the Tierney Clayton Ganske Jones (NC) Chairman announced that the noes ap- amendment. Clement Gekas Jones (OH) peared to have it.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.137 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2349

RECORDED VOTE Grucci McCarthy (NY) Sensenbrenner (b) INCREASE FOR ISRAELI ARROW PRO- Mr. TIERNEY. Mr. Chairman, I de- Gutknecht McHugh Sessions GRAM.—The amount provided in section Hall (TX) McInnis Shadegg 201(4) for research, development, test, and mand a recorded vote. Hansen McIntyre Shaw Harman McKeon evaluation, Defense-wide, is hereby increased A recorded vote was ordered. Shays by $70,000,000, to be available within program The vote was taken by electronic de- Hart Mica Shimkus Hastings (WA) Miller, Dan Shows element 0603881C, Terminal Defense vice, and there were—ayes 159, noes 253, Hayes Miller, Gary Shuster Segement, only for the Israeli Arrow Bal- not voting 22, as follows: Hayworth Miller, Jeff Simmons listic Missile System program. Hefley Mollohan Simpson (c) CORRESPONDING REDUCTION.—The [Roll No. 145] Herger Moran (KS) Skeen amount provided in section 201(4) for re- Hilleary Moran (VA) AYES—159 Smith (MI) search, development, test, and evaluation, Hobson Morella Abercrombie Hastings (FL) Neal Smith (NJ) Hoekstra Murtha Defense-wide, is hereby reduced by Allen Hill Oberstar Smith (TX) Holden Myrick $135,000,000, to be derived from amounts for Baca Hilliard Obey Horn Ney Smith (WA) the Missile Defense Agency for program ele- Baird Hinchey Olver Hostettler Northup Snyder Baldacci Hinojosa ment 0603883C, Boost Defense Segment, of Owens Houghton Norwood Souder Baldwin Hoeffel which— Pallone Hulshof Nussle Stearns Barrett Holt (1) $54,393,000 shall be derived from project Pascrell Hunter Ortiz Stenholm Becerra Honda 4040, Space-Based Boost; Pastor Hyde Osborne Stump Bentsen Hooley Payne Isakson Otter Sullivan (2) $24,810,000 shall be derived from project Berkley Hoyer Pelosi Israel Oxley Sununu 4043, Space-Based Laser; and Berman Inslee Price (NC) Issa Paul Sweeney (3) $55,797,000 shall be derived from project Blumenauer Jackson (IL) Rahall Istook Pence Tancredo Bonior Jackson-Lee 4020, Sea-Based Boost. Rangel Jenkins Peterson (MN) Tanner Borski (TX) Rivers Johnson (CT) Peterson (PA) Tauzin The CHAIRMAN. Pursuant to House Boswell Jefferson Johnson (IL) Petri Resolution 415, the gentleman from Boucher Johnson, E. B. Rodriguez Taylor (MS) Johnson, Sam Phelps Brady (PA) Jones (OH) Roemer Taylor (NC) South Carolina (Mr. SPRATT) and a Jones (NC) Pickering Brown (FL) Kanjorski Rothman Terry Member opposed each will control 10 Keller Pitts Brown (OH) Kaptur Roybal-Allard Thornberry Kelly Platts minutes. Capps Kilpatrick Rush Thune Kennedy (RI) Pombo Mr. HUNTER. Mr. Chairman, I rise in Capuano Kind (WI) Sabo Tiahrt Kerns Pomeroy Cardin Kleczka Sanchez Tiberi opposition to the amendment, until it Kildee Portman Carson (IN) Kucinich Sanders Toomey King (NY) Putnam is amended. Clay LaFalce Sawyer Turner Kingston Quinn The CHAIRMAN. The Chair recog- Clayton Lampson Schakowsky Upton Kirk Radanovich Clyburn Langevin Schiff Vitter nizes the gentleman from South Caro- Knollenberg Ramstad Conyers Lantos lina (Mr. SPRATT). Scott Kolbe Regula Walden Coyne Larson (CT) Serrano LaHood Rehberg Walsh Mr. SPRATT. Mr. Chairman, I yield Crowley Leach Sherman Larsen (WA) Reynolds Wamp myself such time as I may consume. Cummings Lee Skelton Latham Rogers (KY) Watkins (OK) Davis (CA) Levin The purpose of this amendment, Mr. Slaughter LaTourette Rogers (MI) Watts (OK) Davis (FL) Lofgren Solis Lewis (CA) Rohrabacher Weldon (FL) Chairman, is to move $135 million with- Davis (IL) Lowey Spratt Lewis (KY) Ros-Lehtinen Weldon (PA) in the ballistic missile defense account. DeFazio Luther Stark Linder Ross Weller DeGette Lynch Not outside it, not away from it, not to Strickland Lipinski Royce Whitfield Delahunt Maloney (NY) take a dime out of the top line, but to Stupak LoBiondo Ryan (WI) Wicker DeLauro Markey Tauscher Lucas (KY) Ryun (KS) Wilson (NM) rearrange $135 million within the $7.8 Dingell Matheson Thompson (CA) Lucas (OK) Sandlin Wilson (SC) billion account in the following man- Doggett Matsui Maloney (CT) Saxton Wolf Doyle McCarthy (MO) Thompson (MS) ner: Manzullo Schaffer Young (AK) Duncan McCollum Thurman First, we would move $65 million into Mascara Schrock Young (FL) Engel McDermott Tierney production of 24 additional PAC–3 mis- Eshoo McGovern Towns NOT VOTING—22 Etheridge McKinney Udall (CO) siles. The PAC–3, the most advanced Boehner Lewis (GA) Riley Evans McNulty Udall (NM) missile, the only missile defense sys- Burton McCrery Farr Meehan Velazquez Roukema Cannon Millender- tem that we will really deploy for near- Fattah Meek (FL) Visclosky Sherwood Crane McDonald ly the next 5 years, is woefully short in Filner Meeks (NY) Waters Thomas Edwards Nethercutt Frank Menendez Watt (NC) Traficant supply at the present time. We could Hall (OH) Ose Frost Miller, George Weiner Watson (CA) very well need it in the near future. John Pryce (OH) Gephardt Mink Wexler Waxman Kennedy (MN) Reyes And so this would move $65 million Gonzalez Moore Woolsey into the PAC–3 line and allow 24 addi- Green (TX) Nadler Wu b 1935 Gutierrez Napolitano Wynn tional PAC–3s to be purchased. So the amendment was rejected. There is an economic effect. By buy- NOES—253 The result of the vote was announced ing more, we buy more efficiently. We Ackerman Calvert Dreier as above recorded. run the plant at a higher and more effi- Aderholt Camp Dunn The CHAIRMAN. It is now in order to Akin Cantor Ehlers cient rate; and as a consequence, these Andrews Capito Ehrlich consider amendment No. 5 printed in 24 missiles will cost nearly $1 million a Armey Carson (OK) Emerson part A of House Report 107–450. copy less than they would otherwise Bachus Castle English PART A AMENDMENT NO. 5 OFFERED BY MR. Baker Chabot Everett cost if we were buying fewer. SPRATT Ballenger Chambliss Ferguson Secondly, this amendment would Barcia Clement Flake Mr. SPRATT. Mr. Chairman, I offer move $70 million out of other accounts Barr Coble Fletcher an amendment. into manufacturing and development Bartlett Collins Foley The CHAIRMAN. The Clerk will des- Barton Combest Forbes for the Arrow missile, which is being Bass Condit Ford ignate the amendment. manufactured at a plant in Alabama, a Bereuter Cooksey Fossella The text of the amendment is as fol- Boeing plant in Alabama. Once again, Berry Costello Frelinghuysen lows: this would provide us with a system Biggert Cox Gallegly Part A Amendment No. 5 offered by Mr. Bilirakis Cramer Ganske which may be needed in the here and Bishop Crenshaw Gekas SPRATT: now, in the near future. This is a sys- At the end of subtitle B of title II (page 45, Blagojevich Cubin Gibbons tem that is ready to go but is not fully Blunt Culberson Gilchrest after line 19), insert the following new sec- Boehlert Cunningham Gillmor tion: funded for production. Bonilla Davis, Jo Ann Gilman SEC. 217. TRANSFER OF FUNDS TO INCREASE Now, where does this money come Bono Davis, Tom Goode AMOUNTS FOR PAC–3 MISSILE PRO- from? Under my amendment, we would Boozman Deal Goodlatte CUREMENT AND ISRAELI ARROW take first of all funds out of space- Boyd DeLay Gordon PROGRAM. Brady (TX) DeMint Goss based interceptors. Mr. Chairman, we (a) INCREASE FOR PAC–3 PROCUREMENT.— Brown (SC) Deutsch Graham The amount provided in section 101 for Mis- have in the past, since the inaugura- Bryant Diaz-Balart Granger tion of SDI in 1983, we have developed Burr Dicks Graves sile Procurement, Army, is hereby increased Buyer Dooley Green (WI) by $65,000,000, to be available for an addi- at least two iterations of a space-based Callahan Doolittle Greenwood tional 24 PAC–3 missiles. kinetic kill interceptor. The original

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.141 pfrm15 PsN: H09PT1 H2350 CONGRESSIONAL RECORD — HOUSE May 9, 2002 space-based interceptor was based on a The CHAIRMAN. The Clerk will des- money around and decide where he is satellite. A number of different inter- ignate the amendment offered as a sub- going to take the money from to come ceptors would have been garaged on a stitute for the amendment. up with this additional $135 million-or- single satellite and deployed from that The text of the amendment offered as so for these two missile programs. satellite. Because such a satellite is a a substitute for the amendment is as So if the gentleman will accept our highly valuable and highly visible tar- follows: substitute, I am inclined to accept his get in a fixed orbit circling the Earth Part A amendment No. 6 offered by Mr. amendment. at given times constantly, it becomes HUNTER as a substitute for part A amend- Mr. SPRATT. Mr. Chairman, will the an easy target to take out. Because of ment No. 5 offered by Mr. SPRATT: gentleman yield? its vulnerability, it was discontinued. At the end of subtitle C of title II (page 218, Mr. HUNTER. I yield to the gen- Actually, it was defeated here on the after line 15), insert the following new sec- tion: tleman from South Carolina. House floor; discontinued the next year Mr. SPRATT. Mr. Chairman, I will SEC. ll. TRANSFER OF FUNDS TO INCREASE by SDI. AMOUNTS FOR PAC–3 MISSILE PRO- indeed. In its place, SDI proposed something CUREMENT AND ISRAELI ARROW I do, however, Mr. Chairman, still called Brilliant Pebbles. The idea was PROGRAM. wish to reserve my time so I can recog- to make these interceptors single au- (a) INCREASE FOR PAC–3 PROCUREMENT.— nize others to make comments upon tonomous satellites and so prolific The amount provided in section 101 for Mis- sile Procurement, Army, is hereby increased the amendment. they would be too prolific for any ad- Mr. HUNTER. Mr. Chairman, I re- versary to take out enough to make a by $65,000,000, to be available for an addi- tional 24 PAC–3 missiles. serve the balance of my time. difference. Well, Brilliant Pebbles II, (b) INCREASE FOR ISRAELI ARROW PRO- MOTION TO RISE OFFERED BY MR. TAYLOR OF after the expenditure of several hun- GRAM.—The amount provided in section MISSISSIPPI dred million dollars, was abandoned 201(4) for the Missile Defense Agency is here- Mr. TAYLOR of Mississippi. Mr. and discarded. by increased by $70,000,000, to be available Chairman, I move that the Committee What I am proposing here tonight, within program element 0603881C, Terminal do now rise. Mr. Chairman, is that we have a full Defense Segment, only for the Israeli Arrow The CHAIRMAN. The question is on plate already for the Missile Defense Ballistic Missile Defense System program. Agency. We are trying to bring to fru- (c) CORRESPONDING REDUCTION.—The the motion to rise offered by the gen- amount provided in section 201(4) for re- ition the mid-course interceptor. We tleman from Mississippi (Mr. TAYLOR). search, development, test, and evaluation, The question was taken; and the are trying to develop a boost-phase Defense-wide, is hereby reduced by intercept for the Navy. We are trying Chairman announced that the noes ap- $135,000,000, to be derived from amounts peared to have it. to develop a mid-course intercept sys- available to the Missile Defense Agency. RECORDED VOTE tem based upon a Navy ship. We have The CHAIRMAN. Pursuant to House an airborne laser system. Given the Resolution 415, the gentleman from Mr. TAYLOR of Mississippi. Mr. Chairman, I demand a recorded vote. full plate that the MDA, Missile De- California (Mr. HUNTER) and a Member fense Agency, already has for the sys- opposed each will control 5 minutes. A recorded vote was ordered. tems it has started up or is starting The Chair recognizes the gentleman The vote was taken by electronic de- vice, and there were—ayes 55, noes 336, now, it does not need to complicate its from California (Mr. HUNTER). problems with an additional space- Mr. HUNTER. Mr. Chairman, I yield answered ‘‘present’’ 1, not voting 42, as based system, particularly after we myself such time as I may consume. follows: have already abandoned two iterations Mr. Chairman, the amendment of- [Roll No. 146] of it. fered by the gentleman from South AYES—55 Secondly, we would deplete the fund- Carolina (Mr. SPRATT) is very excellent Abercrombie Frank Oberstar ing except for $10 million for further with respect to the requirement or the Baldwin Hill Obey feasibility and concept definition stud- proposal that we increase in two areas Berry Holt Olver ies of the space-based laser, a truly fu- Blumenauer Honda Pelosi in missile defense, one of which is for Bonior Hooley Rodriguez turistic and, in my opinion, highly du- additional PAC–3 missiles. Those in Boyd Jackson-Lee bious system. We take the money out Schakowsky fact are the missiles, the antimissile Brady (PA) (TX) Shows of those systems; and we put it in the- Capuano Jefferson Slaughter system that we are deploying in the Condit Larson (CT) ater missile defense where the danger Solis near term. We started deploying those Conyers Lee Stark is clear, present, and imminent. around September of 2001. We are mov- Costello Lynch That is the purpose here, to rear- Stenholm ing ahead to deploy that first battery. Davis (FL) Markey range money. Not to take money out of DeGette McDermott Tanner We are in what is known as low-rate Taylor (MS) missile defense, but to rearrange it and Delahunt McGovern initial production right now, finishing Dingell McIntyre Thompson (CA) to accomplish some near-term needs of up EMD; and we are starting to move Doggett Meek (FL) Towns systems that we very well may have to Etheridge Miller, George Waters out with that program. And it is a call upon in the near future. Evans Mink Watt (NC) The gentleman from California (Mr. great improvement over the Patriot Filner Napolitano Wu HUNTER) has an amendment that would missile that we utilized during Desert NOES—336 Storm. So it makes sense to try to get rearrange my rearrangement. He would Ackerman Bonilla Clyburn leave in place the allocations I have as many of those in the field as quickly Aderholt Bono Coble made, but he would allow General as possible. Akin Boozman Collins Allen Borski Cox Kadish to determine which systems Similarly, we have been the prime mover in the Arrow missile program, Andrews Boswell Coyne would be debited in order for these two Armey Brady (TX) Cramer systems to be plussed up. And I can which is also a theater antimissile sys- Baca Brown (FL) Crenshaw live with the gentleman’s amendment. tem. It is an excellent system. It has Bachus Brown (OH) Crowley been proven out and is in deployment Baird Brown (SC) Cubin Mr. Chairman, I reserve the balance Baker Bryant Culberson of my time. right now, and we are trying to in- Baldacci Burr Cummings Mr. HUNTER. Mr. Chairman, is it in crease the deployment and get a third Barcia Buyer Cunningham order for me to offer the substitute at battery up for the Arrow missile. So Barr Callahan Davis (CA) both of those adds, I think, are good Barrett Calvert Davis (IL) this time? Bartlett Camp Davis, Jo Ann The CHAIRMAN. It is now in order to adds, Mr. Chairman. Barton Cantor Davis, Tom consider amendment No. 6 printed in What we do that is a little different Bass Capito Deal part A of House Report 107–450. in the substitute, the way we modify Becerra Capps DeLauro Bentsen Cardin DeLay PART A AMENDMENT NO. 6 OFFERED BY MR. Mr. SPRATT’s amendment, is instead of Bereuter Carson (IN) DeMint HUNTER AS A SUBSTITUTE FOR THE PART A designating certain places where we Berkley Carson (OK) Deutsch AMENDMENT NO. 5 OFFERED BY MR. SPRATT mandate cuts in the missile defense Biggert Castle Diaz-Balart Mr. HUNTER. Mr. Chairman, I offer program, we are not replacing General Bilirakis Chabot Dicks Bishop Chambliss Doolittle an amendment as a substitute for the Kadish’s discretion with our own. We Blagojevich Clayton Doyle amendment. are leaving him the discretion to move Boehlert Clement Dreier

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K09MY7.169 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2351 Duncan Kleczka Rogers (KY) Lewis (GA) Oxley Simpson 2001 to see the Arrow system deployed Dunn Knollenberg Rogers (MI) McCrery Pryce (OH) Thomas at Palmachim Air Force Base in Israel. Edwards Kolbe Rohrabacher Millender- Radanovich Traficant Ehlers Kucinich Ros-Lehtinen McDonald Reyes Watson (CA) It was very exciting to see the radar, Ehrlich LaHood Ross Nethercutt Riley Waxman the launchers, and also to see some Emerson Lampson Rothman Norwood Roukema members of the United States Navy Engel Langevin Roybal-Allard Ose Royce English Lantos Rush working on the interoperable aspects of Eshoo Larsen (WA) Ryan (WI) b 2011 the system. Farr Latham Ryun (KS) Messrs. BACHUS, FERGUSON and Fattah Leach Sabo b 2015 LAHOOD changed their vote from Ferguson Levin Sanchez An important thing for this House to Flake Lewis (CA) Sanders ‘‘aye’’ to ‘‘no.’’ Fletcher Lewis (KY) Sandlin Mr. RODRIGUEZ changed his vote understand is that this system is inter- Forbes Linder Sawyer from ‘‘no’’ to ‘‘aye.’’ operable. The cost-sharing between our Ford Lipinski Saxton country and Israel has produced a sys- Fossella LoBiondo Schaffer So the motion to rise was rejected. Frelinghuysen Lofgren Schiff The result of the vote was announced tem that will protect Israel against Frost Lowey Schrock as above recorded. current and future missile attacks, and Gallegly Lucas (KY) Scott The CHAIRMAN. The gentleman these are real threats, but also will Gekas Lucas (OK) Sensenbrenner protect U.S. troops deployed in the Gephardt Luther Serrano from California (Mr. HUNTER) has 13 Gibbons Maloney (CT) Sessions minutes remaining. The gentleman field. The work we have done on this Gilchrest Maloney (NY) Shadegg from South Carolina (Mr. SPRATT) has system and the costs we have shared Gilman Manzullo Shaw 1 with our democratic ally, Israel, will Gonzalez Mascara Shays 10 ⁄2 minutes remaining. Goode Matheson Sherman Mr. HUNTER. Mr. Chairman, the help us as we develop our own more ad- Goodlatte Matsui Sherwood gentleman from South Carolina and I vanced theater missile defense and na- Goss McCarthy (MO) Shimkus have discussed his accepting of my sub- tional missile defense systems. This Graham McCarthy (NY) Shuster amendment transfers money in this de- Granger McCollum Simmons stitute and our accepting of the amend- Graves McHugh Skeen ment. I know he has several speakers. fense authorization bill to support Green (TX) McInnis Skelton We do not have any more speakers. more advanced deployment of a system Green (WI) McKeon Smith (MI) Israel needs now, and to support the Greenwood McKinney Smith (NJ) What I would be happy to do is yield Grucci McNulty Smith (TX) my time on the substitute to the gen- continued development of missile de- Gutierrez Meehan Smith (WA) tleman from South Carolina’s speakers fense systems for the United States. It Gutknecht Meeks (NY) Snyder and maybe we could move this process is a win-win; a win for our ally, Israel; Hall (TX) Menendez Souder a win for our troops and our homeland. Hansen Mica Spratt along. Harman Miller, Dan Stearns Mr. SPRATT. I thank the gentleman. At a time when our homeland is Hart Miller, Gary Strickland Mr. Chairman, I yield 1 minute to the under serious threat, an issue I devote Hastings (FL) Miller, Jeff Stump gentleman from Missouri (Mr. SKEL- a lot of my time to, this amendment Hastings (WA) Mollohan Stupak Hayes Moore Sullivan TON), the ranking member of our com- will assure that we are more capable Hayworth Moran (KS) Sununu mittee. against a missile threat. Hefley Moran (VA) Sweeney Mr. SKELTON. Mr. Chairman, I Mr. Chairman, I urge our colleagues Herger Morella Tancredo to support the amendment. Hilleary Murtha Tauscher strongly support the amendment by Hilliard Myrick Tauzin my friend from South Carolina, and I Mr. Chairman, I support this bill, which pro- Hinojosa Nadler Taylor (NC) compliment him as well as the gen- vides for a strong defense for our nation. This Hobson Neal Terry tleman from California. chamber and this Committee, of which I am a Hoeffel Ney Thompson (MS) Hoekstra Northup Thornberry This amendment addresses what I see former member, have a long record of pro- Holden Nussle Thune as a relevance problem. I have looked viding our armed forces with the capabilities Horn Ortiz Thurman at the future and found it wanting. needed to win wars overseas. The over- Hostettler Osborne Tiahrt whelming success of the ongoing operations Houghton Otter Tiberi There just is not enough money to Hoyer Owens Tierney carry out the current defense program in Afghanistan demonstrates these capabili- Hulshof Pallone Toomey through the next few years. ties, and attests to the skill and dedication of Hunter Pascrell Turner But instead of keeping its priorities our armed forces. Hyde Pastor Udall (CO) Inslee Paul Udall (NM) on what the troops need, we see the De- We now face a new challenge. While our Isakson Payne Upton partment of Defense canceling pro- military forces will be called to win wars over- Israel Pence Velazquez grams with real-world relevance while seas, the nation must also wage a war at Issa Peterson (MN) Visclosky home. This is not a war we can win with artil- Istook Peterson (PA) Vitter throwing money at any missile defense Jackson (IL) Petri Walden item that comes down the pike. lery or uniformed troops. It is a war of intel- Jenkins Phelps Walsh As a gesture of national unity, Demo- ligence, of technology, and of wills. Johnson (CT) Pickering Wamp crats last year foreswore a significant Similarly, the war against terrorism in Af- Johnson (IL) Pitts Watkins (OK) ghanistan was not won with the force structure Johnson, E. B. Platts Watts (OK) debate on missile defense. We did not Jones (NC) Pombo Weiner debate the 57 percent increase in spend- and equipment of the Cold War. We relied on Jones (OH) Pomeroy Weldon (FL) ing. We have not debated Secretary long-range platforms, on stealth, and on preci- Kanjorski Portman Weldon (PA) Rumsfeld’s removal of most of the con- sion-guided munitions. Technology is replacing Kaptur Price (NC) Weller Keller Putnam Wexler trols and oversight required of all the need to put our uniformed personnel in Kelly Quinn Whitfield other major defense programs. We have harm’s way and providing situational aware- Kennedy (RI) Rahall Wicker not debated other significant changes. ness to commanders thousands of miles Kerns Ramstad Wilson (NM) away. While we will maintain the ability to go Kildee Rangel Wilson (SC) But I hope, Mr. Chairman, that we Kilpatrick Regula Wolf can at least begin, with this amend- it alone, the ability to lead a coalition will fre- Kind (WI) Rehberg Woolsey ment, to reestablish relevance as a con- quently replace the need to shoulder the bur- King (NY) Reynolds Wynn sideration when spending the national den exclusively. Kingston Rivers Young (AK) Kirk Roemer Young (FL) treasury. The bill before us today is a step in the right Mr. SPRATT. Mr. Chairman, I yield 2 direction in transforming the military to a truly ANSWERED ‘‘PRESENT’’—1 minutes to the gentlewoman from Cali- modern fighting force. The authorization of DeFazio fornia (Ms. HARMAN). programs to protect the homeland shows an NOT VOTING—42 (Ms. HARMAN asked and was given understanding of the threats we now face. The permission to revise and extend her re- authorization of uninhabited vehicles, of Ballenger Combest Gordon Berman Cooksey Hall (OH) marks.) stealthy aircraft, and improved communica- Blunt Crane Hinchey Ms. HARMAN. Mr. Chairman, I thank tions and sensors embraces new tech- Boehner Dooley John the gentleman for yielding to me and I nologies. Boucher Everett Johnson, Sam rise in support of this bill. This bill moves down the path of defense Burton Foley Kennedy (MN) Cannon Ganske LaFalce Mr. Chairman, I believe I was the reform. To be sure, there still is more to go. Clay Gillmor LaTourette first Member of Congress in January I urge my friends on the committee to continue

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00115 Fmt 4634 Sfmt 9920 E:\CR\FM\A09MY7.061 pfrm15 PsN: H09PT1 H2352 CONGRESSIONAL RECORD — HOUSE May 9, 2002 the fight against legacy systems and pro- I think it is important to note that I The military personnel conducting the war in grams, to replace them with agile and smart do oppose in its totality the utilization Afghanistan are showing measurable victories systems, and to improve the poor tooth to tail of $7 billion for missile defense in this in achieving the United States goals. While the ratio through better business practices in the particular bill. I think the thoughtful ballistic missile defense program is not a prov- defense establishment. amendment that the gentleman from en deterrent, let’s not fund an unproven, in- Finally, I am proud to represent the aero- South Carolina (Mr. SPRATT) has that stead let’s fund success. By diverting the space capital of the universe. The companies deals with the particular distribution funds to military personnel we are insuring in my district forge the reconnaissance and of the funds, particularly as it relates their welfare and the welfare of their families, communications satellites, UAVs, and other to Israeli defense, is very helpful. How- which results in increased security for Amer- cutting edge technologies that will drive the ever, let me share with my colleagues ica. new defense. I support these programs, and I my concerns about missile defense. The CHAIRMAN. The question is on support this bill. First of all, Operation Enduring the amendment offered by the gen- Mr. SPRATT. Mr. Chairman, I yield 2 Freedom is costing roughly $1.8 billion tleman from California (Mr. HUNTER) minutes to the gentleman from Texas per month. This bill funds missile de- as a substitute for the amendment of- (Mr. TURNER), in whose district the fense at $7 billion, and we will also use fered by the gentleman from South PAC III is built. $7 billion in 4 months for Operation En- Carolina (Mr. SPRATT). Mr. TURNER. Mr. Chairman, I thank during Freedom. The money for Missile The amendment offered as a sub- the gentleman for yielding me this defense was put in this legislation even stitute for the amendment was agreed time. after a top defense official has said to. I think it is important for us to un- that a successful U.S. missile defense The CHAIRMAN. The question is on derstand what this amendment is real- system which was completed recently the amendment offered by the gen- ly all about. It is the intent of the does not realistically duplicate condi- sponsors of these amendments to be tleman from South Carolina (Mr. tions of an actual attack, a fault in the sure that our troops are prepared to SPRATT), as amended. missile defense. We also find that ki- deal with what we may potentially face The amendment, as amended, was netic kill as a concept for destroying if we are involved in a land battle in a agreed to. long-range ballistic missiles is even country like Iraq. MOTION TO RISE OFFERED BY MR. TAYLOR OF Today we have only 20 PAC III mis- more problematic at this stage. There MISSISSIPPI siles in our inventory. We authorized 72 is no empirical evidence to support the Mr. TAYLOR of Mississippi. Mr. additional missiles last year. They are contention that kinetic kill for ICBM Chairman, I move that the Committee not on line yet. What that means is if defense will work. do now rise. we get into a battle, a land battle So I simply say that the amendment The CHAIRMAN. The question is on where our troops need the protection before us, the Spratt amendment, with the motion to rise offered by the gen- from those Scud missiles coming from the distribution of funds as he is offer- tleman from Mississippi (Mr. TAYLOR). Iraq, we will simply not have the pro- ing to do, is an amendment that makes The question was taken; and the tection our troops should have. sense, because it is related to ground Chairman announced that the noes ap- The PAC III missile is the only hit- missile defense. But I am opposed, Mr. peared to have it. to-kill missile that we have that has Chairman, to the utilization of $7 bil- RECORDED VOTE been proven to be successful. The old lion for the missile defense program as Mr. TAYLOR of Mississippi. Mr. Patriot missiles are a different tech- offered in this bill and in the Presi- Chairman, I demand a recorded vote. nology. We will certainly want as a dent’s budget. I ask my colleagues to A recorded vote was ordered. House tonight to stand behind our support the Spratt amendment. The vote was taken by electronic de- Mr. SPRATT. Mr. Chairman, I yield troops and ensure that an additional 24 vice, and there were—ayes 56, noes 339, 30 seconds to the gentleman from Cali- missiles are authorized under this bill. not voting 39, as follows: The Army says they need over 2,000 fornia (Mr. HUNTER). [Roll No 147] PAC III missiles in their inventory. We Mr. HUNTER. Mr. Chairman, I thank will have to appropriate money for a the gentleman for yielding me this AYES—56 decade to get that inventory to that time, and I thank him for accepting my Abercrombie Holt Napolitano amendment. Ackerman Honda Oberstar level. But we can take a small step to- Baldwin Jackson-Lee Obey night by authorizing an additional 24 This Arrow missile was a program Berry (TX) Olver missiles for PAC III, as well as the au- that we started in 1987. Members of the Blumenauer Jefferson Pelosi thorization for additional funding for Committee on Armed Services con- Bonior Johnson, E. B. Peterson (MN) tacted Mr. Rabin and Mr. Abramson Boyd Kaptur Rodriguez the Arrow missile, which is also a mis- Brady (PA) Kucinich Sanchez sile that will defend against the Scud and said you have to develop a system Capuano Langevin Schakowsky missiles of Iraq. against incoming ballistic missiles be- Condit Larson (CT) Shows cause at some point we are going to see Conyers Lee Solis Mr. SPRATT. Mr. Chairman, I yield 2 DeGette Lynch Stenholm minutes to the gentlewoman from them coming from neighboring coun- Delahunt Markey Tanner Texas (Ms. JACKSON-LEE). tries built presumably by Russia. We Doggett McDermott Taylor (MS) (Ms. JACKSON-LEE of Texas asked saw that. We are going to see more of Filner McGovern Tierney it. This is a prudent move. The PAC III Ford McIntyre Towns and was given permission to revise and Frank Meeks (NY) Waters extend her remarks.) is also an excellent addition. I thank Hill Miller, George Watt (NC) Ms. JACKSON-LEE of Texas. Mr. the gentleman for accepting this sub- Hinchey Mink Wu Chairman, I thank the distinguished stitute. NOES—339 gentleman from South Carolina (Mr. Mr. Chairman, I move the substitute Aderholt Berman Callahan SPRATT) for yielding me this time. at this time. Akin Biggert Calvert Mr. Chairman, let me first of all Ms. JACKSON-LEE of Texas. Mr. Chair- Allen Bilirakis Camp state my support for this legislation as man, Operation Enduring Freedom is costing Andrews Bishop Cantor Armey Blagojevich Capito it relates to the funding of the military roughly $1.8 billion per month. Within four Baca Blunt Capps personnel in this country. I support the months time that amount will climb to $7.2 bil- Bachus Boehlert Cardin increased compensation that this au- lion, while funding the ballistic missile defense Baird Bonilla Carson (IN) thorization bill will provide. program in H.R. 4546 will cost approximately Baker Bono Carson (OK) Baldacci Boozman Castle Let me also thank the gentleman $7.784 billion. Barcia Borski Chabot from South Carolina (Mr. SPRATT) for a The Ballistic Missile Defense system has Barrett Boswell Chambliss very thoughtful amendment as it re- failed most of its tests. Kinetic kill as a con- Bartlett Brady (TX) Clement lates to dealing with the missile activi- cept for destroying long-range ballistic missiles Barton Brown (FL) Clyburn Bass Brown (OH) Coble ties in the theater or grounded missile is even more problematic at this stage. There Becerra Brown (SC) Collins activity. I support that kind of utiliza- is no empirical evidence to support the con- Bentsen Bryant Cooksey tion of missile defense, in the theater, tention that kinetic kill for ICBM defense will Bereuter Burr Costello on the ground. work. Berkley Buyer Cox

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.065 pfrm15 PsN: H09PT1 May 9, 2002 CONGRESSIONAL RECORD — HOUSE H2353 Coyne Goss Kleczka Osborne Ryan (WI) Tancredo b 2043 Cramer Graham Knollenberg Otter Ryun (KS) Tauscher Crenshaw Granger Kolbe Owens Sabo Tauzin Mr. TIBERI changed his vote from Crowley Graves LaHood Pallone Sanders Taylor (NC) ‘‘aye’’ to ‘‘no.’’ Cubin Green (TX) Lampson Pascrell Sandlin Terry Culberson Green (WI) Lantos Pastor Sawyer Thomas So the motion to rise was rejected. Cummings Greenwood Larsen (WA) Paul Saxton Thompson (CA) The result of the vote was announced Cunningham Gutierrez Latham Payne Schaffer Thompson (MS) as above recorded. Davis (CA) Gutknecht Leach Pence Schiff Thornberry The CHAIRMAN. It is now in order to Davis (FL) Hall (TX) Levin Peterson (PA) Schrock Thune Davis (IL) Harman Lewis (CA) Petri Scott Thurman consider amendment No. 7 printed in Davis, Jo Ann Hart Lewis (KY) Phelps Sensenbrenner Tiahrt part A of House Report 107–450. Davis, Tom Hastings (FL) Linder Pickering Serrano Tiberi PART A AMENDMENT NO. 7 OFFERED BY MS. Deal Hastings (WA) Lipinski Pitts Sessions Toomey DeLauro Hayes LoBiondo Platts Shadegg Turner SANCHEZ DeLay Hayworth Lofgren Pombo Shaw Udall (CO) Ms. SANCHEZ. Mr. Chairman, I offer DeMint Hefley Lowey Pomeroy Shays Udall (NM) amendment No. 7. Deutsch Herger Lucas (KY) Portman Sherman Upton Diaz-Balart Hilleary Lucas (OK) Price (NC) Sherwood Velazquez The CHAIRMAN. The Clerk will des- Dicks Hilliard Luther Putnam Shimkus Visclosky ignate the amendment. Dingell Hinojosa Maloney (CT) Quinn Shuster Vitter The text of the amendment is as fol- Dooley Hobson Maloney (NY) Radanovich Simmons Walden Doolittle Hoeffel Manzullo Rahall Skeen Walsh lows: Doyle Hoekstra Mascara Ramstad Skelton Wamp Part A Amendment No. 7 offered by Ms. Rangel Slaughter Watkins (OK) Dreier Holden Matheson SANCHEZ: Regula Smith (MI) Weiner Duncan Hooley Matsui At the end of title VII (page 159, after line Dunn Horn McCarthy (MO) Rehberg Smith (NJ) Weldon (FL) Ehlers Hostettler McCarthy (NY) Reynolds Smith (TX) Weldon (PA) 14) insert the following: Ehrlich Houghton McCollum Rivers Smith (WA) Weller SEC. 7 . LIMITING RESTRICTION OF USE OF DE- Emerson Hulshof McCrery Roemer Snyder Wexler PARTMENT OF DEFENSE MEDICAL Engel Hunter McHugh Rogers (KY) Souder Whitfield FACILITIES TO PERFORM ABOR- English Hyde McInnis Rogers (MI) Spratt Wicker TIONS TO FACILITIES IN THE Eshoo Inslee McKeon Rohrabacher Stearns Wilson (NM) UNITED STATES. Etheridge Isakson McKinney Ros-Lehtinen Strickland Wilson (SC) Section 1093(b) of title 10, United States Evans Israel McNulty Ross Stump Wolf Code, is amended by inserting ‘‘in the United Rothman Stupak Woolsey Farr Issa Meehan States’’ after ‘‘Defense’’. Fattah Istook Meek (FL) Roybal-Allard Sullivan Wynn Ferguson Jackson (IL) Menendez Royce Sununu Young (AK) The CHAIRMAN. Pursuant to House Flake Jenkins Mica Rush Sweeney Young (FL) Resolution 415, the gentlewoman from Fletcher Johnson (CT) Miller, Dan Foley Johnson (IL) Miller, Gary NOT VOTING—39 California (Ms. SANCHEZ) and a Member Forbes Johnson, Sam Miller, Jeff Ballenger Gordon Ose opposed each will control 10 minutes. Fossella Jones (NC) Mollohan Barr Grucci Oxley The Chair recognizes the gentle- Frelinghuysen Jones (OH) Moore Boehner Hall (OH) Pryce (OH) woman from California (Ms. SANCHEZ). Frost Kanjorski Moran (KS) Boucher Hansen Reyes Gallegly Keller Moran (VA) Burton Hoyer Riley Ms. SANCHEZ. Mr. Chairman, I yield Ganske Kelly Morella Cannon John Roukema myself such time as I may consume. Gekas Kennedy (RI) Murtha Clay Kennedy (MN) Simpson Mr. Chairman, today I offer an Gephardt Kerns Myrick Clayton LaFalce Stark Gibbons Kildee Nadler Combest LaTourette amendment about freedom, safety, and Traficant Gilchrest Kilpatrick Neal Crane Lewis (GA) Watson (CA) choice. Members of the Armed Forces Gilman Kind (WI) Ney DeFazio Millender- Watts (OK) are entitled to a quality of life equal to Gonzalez King (NY) Northup Edwards McDonald Goode Kingston Nussle Everett Nethercutt Waxman that of the Nation they are pledged to Goodlatte Kirk Ortiz Gillmor Norwood defend.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

EXECUTIVE COMMUNICATIONS, States Code; to the Committee on Armed 9, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ETC. Services. the Committee on Energy and Commerce. 6707. A letter from the Counsel for Regula- 6711. A letter from the Principal Deputy Under clause 8 of rule XII, executive tions, Department of Housing and Urban De- Associate Administrator, Environmental communications were taken from the velopment, transmitting the Department’s Protection Agency, transmitting the Depart- Speaker’s table and referred as follows: final rule—Amendments to HUD’s Civil ment’s final rule—Revisions to the Cali- 6704. A letter from the Secretary, Depart- Money Penalty Regulations [Docket No. FR– fornia State Implementation Plan, Lake ment of Agriculture, transmitting a draft 4399–F–02] (RIN: 2501–AC56) received May 7, County Air Quality Management District bill, ‘‘To prescribe, adjust, and collect fees to 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the [CA 250–0331a; FRL–7165–4] received April 9, cover the costs incurred by the Secretary to Committee on Financial Services. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the produce national and international reagents 6708. A letter from the Assistant Secretary, Committee on Energy and Commerce. and references and make them available to Department of Education, transmitting no- 6712. A letter from the Principal Deputy the industry on a fee basis’’; to the Com- tice of Final Priority—Program of Research Associate Administator, Environmental Pro- mittee on Agriculture. on Reading Comprehension, pursuant to 20 tection Agency, transmitting the Agency’s 6705. A letter from the Principal Deputy U.S.C. 1232(f); to the Committee on Edu- final rule—Interim Final Determination that Associate Administrator, Environmental cation and the Workforce. State has Corrected the Rule Deficiencies Protection Agency, transmitting the Agen- 6709. A letter from the Secretary, Depart- and Stay of Sanctions in California, San Joa- cy’s final rule—Lysophosphatidyl- ethanol- ment of Education, transmitting the Annual quin Valley Unified Air Pollution Control amine (LPE); Exemption from the Require- Report of the National Advisory Committee District [CA 262–0338c; FRL–7174–2] received ment of a Tolerance [OPP–301212; FRL–6821– on Institutional Quality and Integrity for April 22, 2002, pursuant to 5 U.S.C. 4] (RIN: 2070–AB78) received April 9, 2002, pur- Fiscal Year 2001, pursuant to 20 U.S.C. 801(a)(1)(A); to the Committee on Energy and suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1145(e); to the Committee on Education and Commerce. mittee on Agriculture. the Workforce. 6713. A letter from the Assistant Legal Ad- 6706. A letter from the Deputy Secretary, 6710. A letter from the Principal Deputy viser for Treaty Affairs, Department of Department of Defense, transmitting the De- Associate Administrator, Environmental State, transmitting copies of international partment’s report describing the policies and Protection Agency, transmitting the Agen- agreements, other than treaties, entered into procedures for decision-making on issues cy’s final rule—Significant New Uses of Cer- by the United States, pursuant to 1 U.S.C. arising under the Civil False Claims Act, tain Chemical Substances [OPPTS–50606A; 112b(a); to the Committee on International sections 3729 through 3733, of Title 31, United FRL–6805–1] (RIN: 2070–AB27) received April Relations.

VerDate Apr 18 2002 08:16 May 10, 2002 Jkt 099060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\A09MY7.062 pfrm15 PsN: H09PT1