H5480 CONGRESSIONAL RECORD — HOUSE July 25, 2002 strengthens investor rights. Until we do this, Hulshof Millender- Schrock The result of the vote was announced Hunter McDonald Scott the American public will not be adequately Hyde Miller, Dan Sensenbrenner as above recorded. protected. Inslee Miller, Gary Serrano A motion to reconsider was laid on For our capitalist economy to function suc- Isakson Miller, George Sessions the table. cessfully, corporate responsibility must remain Israel Mink Shadegg Stated for: Issa Mollohan Shaw paramount. In its absence, capitalism and the Istook Moore Shays Mr. JEFF MILLER of Florida. Mr. Speaker, free market system ultimately fail. Jackson (IL) Moran (KS) Sherman on rollcall No. 348, I was detained from return- The SPEAKER pro tempore (Mr. Jackson-Lee Moran (VA) Sherwood ing for the vote. (TX) Morella Shimkus Had I been present, would have voted SWEENEY). All time has expired. Jefferson Murtha Shows Without objection, the previous ques- Jenkins Myrick Shuster ‘‘Yea.’’ tion is ordered on the conference re- John Nadler Simmons Mr. CLAY. Mr. Speaker, on rollcall No. 348, port. Johnson (CT) Napolitano Simpson I was unavoidably detained. Had I been Johnson (IL) Neal Skeen There was no objection. Johnson, E. B. Nethercutt Skelton present, I would have voted ‘‘Yea.’’ The SPEAKER pro tempore. The Johnson, Sam Ney Slaughter f question is on the conference report. Jones (NC) Northup Smith (MI) Jones (OH) Norwood Smith (NJ) BOB STUMP NATIONAL DEFENSE The question was taken; and the Kanjorski Nussle Smith (TX) AUTHORIZATION ACT FOR FIS- Speaker pro tempore announced that Kaptur Oberstar Smith (WA) CAL YEAR 2003 the ayes appeared to have it. Keller Obey Snyder Mr. OXLEY. Mr. Speaker, I object to Kelly Olver Solis Mr. STUMP. Mr. Speaker, I ask Kennedy (MN) Ortiz Souder unanimous consent to take from the the vote on the ground that a quorum Kennedy (RI) Osborne Spratt is not present and make the point of Kerns Ose Stark Speaker’s table the bill (H.R. 4546) to order that a quorum is not present. Kildee Otter Stenholm authorize appropriations for fiscal year Kilpatrick Owens Strickland 2003 for military activities of the De- The SPEAKER pro tempore. Evi- Kind (WI) Oxley Stump dently a quorum is not present. King (NY) Pallone Stupak partment of Defense, for military con- The Sergeant at Arms will notify ab- Kingston Pascrell Sullivan struction, and for defense activities of sent Members. Kirk Pastor Sununu the Department of Energy, to prescribe Kleczka Payne Sweeney personnel strengths for such fiscal year The vote was taken by electronic de- Kolbe Pelosi Tancredo vice, and there were—yeas 423, nays 3, Kucinich Pence Tanner for the Armed Forces, and for other not voting 8, as follows: LaFalce Peterson (MN) Tauscher purposes, with a Senate amendment LaHood Peterson (PA) Tauzin thereto and concur in the Senate [Roll No. 348] Lampson Petri Taylor (MS) amendment with an amendment. YEAS—423 Langevin Phelps Taylor (NC) Lantos Pickering Terry The Clerk read the Senate amend- Abercrombie Carson (IN) Ferguson Larsen (WA) Pitts Thomas ment, and the House amendment to the Ackerman Carson (OK) Filner Larson (CT) Platts Thompson (CA) Aderholt Castle Fletcher Senate amendment, as follows: Latham Pombo Thompson (MS) Senate amendment: Akin Chabot Foley LaTourette Pomeroy Thornberry Allen Chambliss Forbes Leach Portman Thune Strike out all after the enacting clause and Armey Clayton Ford Lee Price (NC) Thurman insert: Baca Clement Fossella Levin Pryce (OH) Tiahrt SECTION 1. SHORT TITLE. Bachus Clyburn Frank Lewis (CA) Putnam Tiberi Baird Coble Frelinghuysen This Act may be cited as the ‘‘National De- Lewis (GA) Quinn Tierney fense Authorization Act for Fiscal Year 2003’’. Baker Combest Frost Lewis (KY) Radanovich Toomey Baldacci Condit Gallegly Linder Rahall Towns SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Baldwin Conyers Ganske Lipinski Ramstad Turner TABLE OF CONTENTS. Ballenger Cooksey Gekas LoBiondo Rangel Udall (CO) (a) DIVISIONS.—This Act is organized into Barcia Costello Gephardt Lofgren Regula Udall (NM) three divisions as follows: Barr Cox Gibbons Lowey Rehberg Upton Barrett Coyne Gilchrest (1) Division A—Department of Defense Au- Lucas (KY) Reyes Velazquez thorizations. Bartlett Cramer Gillmor Lucas (OK) Reynolds Visclosky Barton Crane Gilman Luther Riley Vitter (2) Division B—Military Construction Author- Bass Crenshaw Gonzalez Lynch Rivers Walden izations. Becerra Crowley Goode Maloney (CT) Rodriguez Walsh (3) Division C—Department of Energy Na- Bentsen Cubin Goodlatte Maloney (NY) Roemer Wamp tional Security Authorizations and Other Au- Bereuter Culberson Goss Manzullo Rogers (KY) Waters thorizations. Berkley Cummings Graham Markey Rogers (MI) Watson (CA) (b) TABLE OF CONTENTS.—The table of con- Berman Cunningham Granger Mascara Rohrabacher Watt (NC) tents for this Act is as follows: Berry Davis (CA) Graves Matheson Ros-Lehtinen Watts (OK) Biggert Davis (FL) Green (TX) Matsui Ross Waxman Sec. 1. Short title. Bilirakis Davis (IL) Green (WI) McCarthy (MO) Rothman Weiner Sec. 2. Organization of Act into divisions; table Bishop Davis, Jo Ann Greenwood McCarthy (NY) Roukema Weldon (FL) of contents. Blagojevich Davis, Tom Grucci McCollum Roybal-Allard Weldon (PA) Sec. 3. Congressional defense committees de- Blumenauer Deal Gutierrez McCrery Royce Weller fined. Blunt DeFazio Gutknecht McDermott Rush Wexler Boehlert DeGette Hall (OH) McGovern Ryan (WI) Whitfield DIVISION A—DEPARTMENT OF DEFENSE Boehner Delahunt Hall (TX) McHugh Ryun (KS) Wicker AUTHORIZATIONS Bonilla DeLauro Hansen McInnis Sabo Wilson (NM) TITLE I—PROCUREMENT Bonior DeLay Harman McIntyre Sanchez Wilson (SC) Bono DeMint Hart McKeon Sanders Wolf Subtitle A—Authorization of Appropriations Boozman Deutsch Hastert McKinney Sandlin Woolsey Sec. 101. Army. Borski Diaz-Balart Hastings (FL) McNulty Sawyer Wu Sec. 102. Navy and Marine Corps. Boswell Dicks Hastings (WA) Meek (FL) Saxton Wynn Boucher Dingell Hayes Sec. 103. Air Force. Meeks (NY) Schaffer Young (AK) Sec. 104. Defense-wide activities. Boyd Doggett Hayworth Menendez Schakowsky Young (FL) Brady (PA) Dooley Hefley Mica Schiff Sec. 105. Defense Inspector General. Brady (TX) Doolittle Herger Sec. 106. Chemical agents and munitions de- Brown (FL) Doyle Hill NAYS—3 struction, defense. Brown (OH) Dreier Hilleary Collins Flake Paul Sec. 107. Defense health programs. Brown (SC) Duncan Hilliard Bryant Dunn Hinchey NOT VOTING—8 Subtitle B—Army Programs Burr Edwards Hinojosa Andrews Knollenberg Stearns Sec. 111. Pilot program on sales of manufac- Burton Ehlers Hobson Clay Meehan Watkins (OK) tured articles and services of cer- Buyer Ehrlich Hoeffel Gordon Miller, Jeff tain Army industrial facilities Callahan Emerson Hoekstra Calvert Engel Holden without regard to availability from domestic sources. Camp English Holt b 1209 Cannon Eshoo Honda Subtitle C—Navy Programs Cantor Etheridge Hooley Mr. DOOLITTLE changed his vote Sec. 121. Integrated bridge system. Capito Evans Horn from ‘‘nay’’ to ‘‘yea.’’ Capps Everett Hostettler Sec. 122. Extension of multiyear procurement Capuano Farr Houghton So the conference report was agreed authority for DDG–51 class de- Cardin Fattah Hoyer to. stroyers. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5481 Sec. 123. Maintenance of scope of cruiser con- Sec. 236. Compliance with testing requirements. Sec. 349. Engineering study and environmental version of Ticonderoga class Sec. 237. Report on implementation of Defense analysis of road modifications in AEGIS cruisers. Science Board recommendations. vicinity of Fort Belvoir, Virginia. Sec. 124. Marine Corps live fire range improve- Subtitle E—Other Matters Sec. 350. Extension of work safety demonstra- ments. tion program. Sec. 241. Pilot programs for revitalizing Depart- Subtitle D—Air Force Programs Sec. 351. Lift support for mine warfare ships ment of Defense laboratories. and other vessels. Sec. 131. C–130J aircraft program. Sec. 242. Technology transition initiative. Sec. 352. Navy data conversion activities. Sec. 132. Pathfinder programs. Sec. 243. Encouragement of small businesses Sec. 133. Oversight of acquisition for defense and nontraditional defense con- TITLE IV—MILITARY PERSONNEL space programs. tractors to submit proposals po- AUTHORIZATIONS Sec. 134. Leasing of tanker aircraft. tentially beneficial for combating Subtitle A—Active Forces Sec. 135. Compass Call program. terrorism. Sec. 401. End strengths for active forces. Sec. 136. Sense of Congress regarding assured Sec. 244. Vehicle fuel cell program. Sec. 402. Authority to increase strength and access to space. Sec. 245. Defense nanotechnology research and grade limitations to account for Sec. 137. Mobile emergency broadband system. development program. reserve component members on ac- TITLE II—RESEARCH, DEVELOPMENT, Sec. 246. Activities and assessment of the De- tive duty in support of a contin- TEST, AND EVALUATION fense Experimental Program to gency operation. Sec. 403. Increased allowance for number of Subtitle A—Authorization of Appropriations Stimulate Competitive Research. Sec. 247. Four-year extension of authority of Marine Corps general officers on Sec. 201. Authorization of appropriations. active duty in grades above major Sec. 202. Amount for science and technology. DARPA to award prizes for ad- vanced technology achievements. general. Sec. 203. Defense health programs. Sec. 404. Increase in authorized strengths for TITLE III—OPERATION AND Subtitle B—Program Requirements, Marine Corps officers on active MAINTENANCE Restrictions, and Limitations duty in the grade of colonel. Subtitle A—Authorization of Appropriations Sec. 211. Basic seismic research program for Subtitle B—Reserve Forces Sec. 301. Operation and maintenance funding. support of national requirements Sec. 411. End strengths for Selected Reserve. for monitoring nuclear explosions. Sec. 302. Working capital funds. Sec. 412. End strengths for Reserves on active Sec. 212. Advanced SEAL Delivery System. Sec. 303. Armed Forces Retirement Home. duty in support of the reserves. Sec. 213. Army experimentation program re- Sec. 304. Range Enhancement Initiative Fund. Sec. 413. End strengths for military technicians garding design of the objective Sec. 305. Navy Pilot Human Resources Call (dual status). force. Center, Cutler, Maine. Sec. 414. Fiscal year 2003 limitations on non- Sec. 214. Reallocation of amount available for Sec. 306. National Army Museum, Fort Belvoir, dual status technicians. indirect fire programs. Virginia. Subtitle C—Authorization of Appropriations Sec. 215. Laser welding and cutting demonstra- Sec. 307. Disposal of obsolete vessels of the Na- tion. tional Defense Reserve Fleet. Sec. 421. Authorization of appropriations for military personnel. Sec. 216. Analysis of emerging threats. Subtitle B—Environmental Provisions Sec. 217. Prohibition on transfer of Medical TITLE V—MILITARY PERSONNEL POLICY Sec. 311. Enhancement of authority on coopera- Free Electron Laser program. Subtitle A—Officer Personnel Policy Sec. 218. Demonstration of renewable energy tive agreements for environmental purposes. Sec. 501. Extension of certain requirements and use. exclusions applicable to service of Sec. 219A. Radar power technology for the Sec. 312. Modification of authority to carry out construction projects for environ- general and flag officers on active Army. duty in certain joint duty assign- Sec. 219B. Critical infrastructure protection. mental responses. Sec. 313. Increased procurement of environ- ments. Sec. 219C. Theater Aerospace Command and Sec. 502. Extension of authority to waive re- Control Simulation Facility up- mentally preferable products. Sec. 314. Cleanup of unexploded ordnance on quirement for significant joint grades. duty experience for appointment Sec. 219D. DDG optimized manning initiative. Kaho’olawe Island, Hawaii. as a chief of a reserve component Sec. 219E. Agroterrorist attacks. Subtitle C—Defense Dependents’ Education or a National Guard director. Sec. 219F. Very high speed support vessel for Sec. 331. Assistance to local educational agen- Sec. 503. Repeal of limitation on authority to the Army. cies that benefit dependents of grant certain officers a waiver of Sec. 219G. Full-scale high-speed permanent members of the Armed Forces and required sequence for joint profes- magnet generator. Department of Defense civilian sional military education and Sec. 219H. Aviation-shipboard information employees. joint duty assignment. technology initiative. Sec. 332. Impact aid for children with severe Sec. 504. Extension of temporary authority for Sec. 219I. Aerospace Relay Mirror System disabilities. recall of retired aviators. (ARMS) Demonstration. Sec. 333. Options for funding dependent sum- Sec. 505. Increased grade for heads of nurse Sec. 219J. Littoral ship program. mer school programs. corps. Subtitle C—Missile Defense Programs Sec. 334. Comptroller General study of ade- Sec. 506. Reinstatement of authority to reduce Sec. 221. Annual operational assessments and quacy of compensation provided service requirement for retirement reviews of ballistic missile defense for teachers in the Department of in grades above O–4. program. Defense Overseas Dependents’ Subtitle B—Reserve Component Personnel Sec. 222. Report on Midcourse Defense program. Schools. Policy Sec. 223. Report on Air-based Boost program. Subtitle D—Other Matters Sec. 511. Time for commencement of initial pe- Sec. 224. Report on Theater High Altitude Area Sec. 341. Use of humanitarian and civic assist- riod of active duty for training Defense program. ance funds for reserve component upon enlistment in reserve compo- Sec. 225. References to new name for Ballistic members of Special Operations nent. Missile Defense Organization. Command engaged in activities re- Sec. 512. Authority for limited extension of med- Sec. 226. Limitation on use of funds for nuclear lating to clearance of landmines. ical deferment of mandatory re- armed interceptors. Sec. 342. Calculation of five-year period of limi- tirement or separation of reserve Sec. 227. Reports on flight testing of Ground- tation for Navy-Marine Corps component officer. based Midcourse national missile Intranet contract. Sec. 513. Repeal of prohibition on use of Air defense system. Sec. 343. Reimbursement for reserve component Force Reserve AGR personnel for Subtitle D—Improved Management of Depart- intelligence support. Air Force base security functions. ment of Defense Test and Evaluation Facili- Sec. 344. Rebate agreements under the special Subtitle C—Education and Training ties supplemental food program. Sec. 521. Increase in authorized strengths for Sec. 231. Department of Defense Test and Eval- Sec. 345. Logistics support and services for the service academies. uation Resource Enterprise. weapon systems contractors. Subtitle D—Decorations, Awards, and Sec. 232. Transfer of testing funds from pro- Sec. 346. Continuation of Arsenal support pro- Commendations gram accounts to infrastructure gram initiative. accounts. Sec. 347. Two-year extension of authority of the Sec. 531. Waiver of time limitations for award of Sec. 233. Increased investment in test and eval- Secretary of Defense to engage in certain decorations to certain per- uation facilities. commercial activities as security sons. Sec. 234. Uniform financial management system for intelligence collection activi- Sec. 532. Korea Defense Service Medal. for Department of Defense test ties abroad. Subtitle E—National Call to Service and evaluation facilities. Sec. 348. Installation and connection policy Sec. 541. Enlistment incentives for pursuit of Sec. 235. Test and evaluation workforce im- and procedures regarding Defense skills to facilitate national serv- provements. Switch Network. ice. H5482 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Sec. 542. Military recruiter access to institu- Sec. 652. Time limitation for use of Montgomery Sec. 815. Assessment regarding fees paid for ac- tions of higher education. GI Bill entitlement by members of quisitions under other agencies’ Subtitle F—Other Matters the Selected Reserve. contracts. Sec. 653. Status of obligation to refund edu- Sec. 816. Pilot program for transition to follow- Sec. 551. Biennial surveys on racial, ethnic, cational assistance upon failure on contracts for certain prototype and gender issues. Sec. 552. Leave required to be taken pending re- to participate satisfactorily in Se- projects. Sec. 817. Waiver authority for domestic source view of a recommendation for re- lected Reserve. or content requirements. moval by a board of inquiry. Sec. 654. Prohibition on acceptance of hono- Sec. 553. Stipend for participation in funeral raria by personnel at certain De- Subtitle C—Other Matters honors details. partment of Defense schools. Sec. 821. Extension of the applicability of cer- Sec. 554. Wear of abayas by female members of Sec. 655. Rate of educational assistance under tain personnel demonstration the Armed Forces in Saudi Ara- Montgomery GI Bill of dependents project exceptions to an acquisi- bia. transferred entitlement by mem- tion workforce demonstration bers of the Armed Forces with project. TITLE VI—COMPENSATION AND OTHER critical skills. PERSONNEL BENEFITS Sec. 822. Moratorium on reduction of the de- Sec. 656. Payment of interest on student loans. fense acquisition and support Subtitle A—Pay and Allowances Sec. 657. Modification of amount of back pay workforce. Sec. 601. Increase in basic pay for fiscal year for members of Navy and Marine Sec. 823. Extension of contract goal for small 2003. Corps selected for promotion while disadvantaged businesses and cer- Sec. 602. Rate of basic allowance for subsistence interned as prisoners of war dur- tain institutions of higher edu- for enlisted personnel occupying ing World War II to take into ac- cation. single Government quarters with- count changes in Consumer Price Sec. 824. Mentor-Protege Program eligibility for out adequate availability of Index. HUBZone small business concerns meals. TITLE VII—HEALTH CARE and small business concerns Sec. 603. Basic allowance for housing in cases Sec. 701. Eligibility of surviving dependents for owned and controlled by service- of low-cost or no-cost moves. TRICARE dental program benefits disabled veterans. Sec. 604. Temporary authority for higher rates after discontinuance of former en- Sec. 825. Repeal of requirements for certain re- of partial basic allowance for rollment. views by the Comptroller General. housing for certain members as- Sec. 702. Advance authorization for inpatient Sec. 826. Multiyear procurement authority for signed to housing under alter- mental health services. purchase of dinitrogen tetroxide, native authority for acquisition Sec. 703. Continued TRICARE eligibility of de- hydrazine, and hydrazine-related and improvement of military pendents residing at remote loca- products. housing. tions after departure of sponsors Sec. 827. Multiyear procurement authority for Subtitle B—Bonuses and Special and for unaccompanied assignments. environmental services for mili- Incentive Pays Sec. 704. Approval of medicare providers as tary installations. Sec. 611. One-year extension of certain bonus TRICARE providers. Sec. 828. Increased maximum amount of assist- and special pay authorities for re- Sec. 705. Claims information. ance for tribal organizations or serve forces. Sec. 706. Department of Defense Medicare-Eligi- economic enterprises carrying out Sec. 612. One-year extension of certain bonus ble Retiree Health Care Fund. procurement technical assistance and special pay authorities for Sec. 707. Technical corrections relating to tran- programs in two or more service certain health care professionals. sitional health care for members areas. Sec. 613. One-year extension of special pay and separated from active duty. Sec. 829. Authority for nonprofit organizations bonus authorities for nuclear offi- Sec. 708. Extension of temporary authority for to self-certify eligibility for treat- cers. entering into personal services ment as qualified organizations Sec. 614. One-year extension of other bonus and contracts for the performance of employing severely disabled under special pay authorities. health care responsibilities for the Mentor-Protege Program. Sec. 615. Increased maximum amount payable Armed Forces at locations other Sec. 830. Report on effects of Army Contracting as multiyear retention bonus for than military medical treatment Agency. medical officers of the Armed facilities. TITLE IX—DEPARTMENT OF DEFENSE Forces. Sec. 709. Restoration of previous policy regard- ORGANIZATION AND MANAGEMENT Sec. 616. Increased maximum amount payable ing restrictions on use of Depart- Sec. 901. Time for submittal of report on Quad- as incentive special pay for med- ment of Defense medical facilities. rennial Defense Review. ical officers of the Armed Forces. Sec. 710. Health care under TRICARE for Sec. 902. Increased number of Deputy Com- Sec. 617. Assignment incentive pay. TRICARE beneficiaries receiving mandants authorized for the Ma- Sec. 618. Increased maximum amounts for prior medical care as veterans from the rine Corps. service enlistment bonus. Department of Veterans Affairs. Sec. 903. Base operating support for Fisher Subtitle C—Travel and Transportation TITLE VIII—ACQUISITION POLICY, ACQUI- Houses. Allowances SITION MANAGEMENT, AND RELATED Sec. 904. Prevention and mitigation of corro- Sec. 631. Deferral of travel in connection with MATTERS sion. Sec. 905. Western Hemisphere Institute for Se- leave between consecutive over- Subtitle A—Major Defense Acquisition seas tours. curity Cooperation. Programs Sec. 906. Veterinary Corps of the Army. Sec. 632. Transportation of motor vehicles for Sec. 801. Buy-to-budget acquisition of end Sec. 907. Under Secretary of Defense for Intel- members reported missing. items. ligence. Sec. 633. Destinations authorized for Govern- Sec. 802. Report to Congress on incremental ac- ment paid transportation of en- TITLE X—GENERAL PROVISIONS quisition of major systems. Subtitle A—Financial Matters listed personnel for rest and recu- Sec. 803. Pilot program for spiral development peration upon extending duty at of major systems. Sec. 1001. Transfer authority. designated overseas locations. Sec. 804. Improvement of software acquisition Sec. 1002. Reallocation of authorizations of ap- Sec. 634. Vehicle storage in lieu of transpor- processes. propriations from ballistic missile tation to certain areas of the Sec. 805. Independent technology readiness as- defense to shipbuilding. United States outside continental sessments. Sec. 1003. Authorization of appropriations for United States. Sec. 806. Timing of certification in connection continued operations for the war Subtitle D—Retirement and Survivor Benefit with waiver of survivability and on terrorism. Matters lethality testing requirements. Sec. 1004. Authorization of emergency supple- mental appropriations for fiscal Sec. 641. Payment of retired pay and compensa- Subtitle B—Procurement Policy Improvements year 2002. tion to disabled military retirees. Sec. 811. Performance goals for contracting for Sec. 1005. United States contribution to NATO Sec. 642. Increased retired pay for enlisted Re- services. common-funded budgets in fiscal serves credited with extraordinary Sec. 812. Grants of exceptions to cost or pricing year 2003. heroism. data certification requirements Sec. 1006. Development and implementation of Sec. 643. Expanded scope of authority to waive and waivers of cost accounting financial management enterprise time limitations on claims for mili- standards. architecture. tary personnel benefits. Sec. 813. Extension of requirement for annual Sec. 1007. Departmental accountable officials in Subtitle E—Other Matters report on defense commercial pric- the Department of Defense. Sec. 651. Additional authority to provide assist- ing management improvement. Sec. 1008. Department-wide procedures for es- ance for families of members of Sec. 814. Internal controls on the use of pur- tablishing and liquidating per- the Armed Forces. chase cards. sonal pecuniary liability. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5483 Sec. 1009. Travel card program integrity. Sec. 1063. Extension of authority for Secretary Sec. 2103. Improvements to military family Sec. 1010. Clearance of certain transactions re- of Defense to sell aircraft and air- housing units. corded in Treasury suspense ac- craft parts for use in responding Sec. 2104. Authorization of appropriations, counts and resolution of certain to oil spills. Army. check issuance discrepancies. Sec. 1064. Amendments to Impact Aid program. Sec. 2105. Modification of authority to carry Sec. 1011. Additional amount for ballistic mis- Sec. 1065. Disclosure of information on Ship- out certain fiscal year 2002 sile defense or combating ter- board Hazard and Defense project projects. rorism in accordance with na- to Department of Veterans Af- Sec. 2106. Modification of authority to carry tional security priorities of the fairs. out certain fiscal year 2000 President. Sec. 1066. Transfer of historic DF–9E Panther project. Sec. 1012. Availability of amounts for Oregon aircraft to Women Airforce Serv- Sec. 2107. Modification of authority to carry Army National Guard for Search ice Pilots Museum. out certain fiscal year 1999 and Rescue and Medical Evacu- Sec. 1067. Rewards for assistance in combating project. ation missions in adverse weather terrorism. Sec. 2108. Modification of authority to carry conditions. Sec. 1068. Provision of space and services to out certain fiscal year 1997 Subtitle B—Naval Vessels and Shipyards military welfare societies. project. Sec. 1021. Number of Navy surface combatants Sec. 1069. Commendation of military chaplains. Sec. 2109. Modification of authority to carry in active and reserve service. Sec. 1070. Grant of Federal charter to Korean out certain fiscal year 2001 Sec. 1022. Plan for fielding the 155-millimeter War Veterans Association, Incor- project. gun on a surface combatant. porated. Sec. 2110. Planning and design for anechoic Sec. 1023. Report on initiatives to increase oper- TITLE XI—DEPARTMENT OF DEFENSE chamber at White Sands Missile ational days of Navy ships. CIVILIAN PERSONNEL POLICY Range, New Mexico. Sec. 1024. Annual long-range plan for the con- Sec. 1101. Extension of authority to pay sever- TITLE XXII—NAVY struction of ships for the Navy. ance pay in a lump sum. Sec. 2201. Authorized Navy construction and Subtitle C—Reporting Requirements Sec. 1102. Extension of voluntary separation in- land acquisition projects. Sec. 1031. Repeal and modification of various centive pay authority. Sec. 2202. Family housing. reporting requirements applicable Sec. 1103. Extension of cost-sharing authority Sec. 2203. Improvements to military family with respect to the Department of for continued FEHBP coverage of housing units. Defense. certain persons after separation Sec. 2204. Authorization of appropriations, Sec. 1032. Annual report on weapons to defeat from employment. Navy. hardened and deeply buried tar- Sec. 1104. Eligibility of nonappropriated funds Sec. 2205. Modification to carry out certain fis- gets. employees to participate in the cal year 2002 projects. Sec. 1033. Revision of date of annual report on Federal employees long-term care TITLE XXIII—AIR FORCE counterproliferation activities and insurance program. Sec. 2301. Authorized Air Force construction programs. Sec. 1105. Increased maximum period of ap- and land acquisition projects. Sec. 1034. Quadrennial quality of life review. pointment under the experimental Sec. 2302. Family housing. Sec. 1035. Reports on efforts to resolve where- personnel program for scientific Sec. 2303. Improvements to military family abouts and status of Captain Mi- and technical personnel. housing units. chael Scott Speicher, United Sec. 1106. Qualification requirements for em- Sec. 2304. Authorization of appropriations, Air States Navy. ployment in Department of De- Force. Sec. 1036. Report on efforts to ensure adequacy fense professional accounting po- Sec. 2305. Authority for use of military con- of fire fighting staffs at military sitions. struction funds for construction installations. Sec. 1107. Housing benefits for unaccompanied of public road near Aviano Air Sec. 1037. Report on designation of certain Lou- teachers required to live at Guan- Base, Italy, closed for force pro- isiana highway as defense access tanamo Bay Naval Station, Cuba. tection purposes. road. Sec. 1038. Plan for five-year program for en- TITLE XII—MATTERS RELATING TO OTHER Sec. 2306. Additional project authorization for hancement of measurement and NATIONS air traffic control facility at signatures intelligence capabili- Subtitle A—Cooperative Threat Reduction Dover Air Force Base, Delaware. Sec. 2307. Availability of funds for consolida- ties. With States of the Former Soviet Union tion of materials computational Sec. 1039. Report on volunteer services of mem- Sec. 1201. Specification of Cooperative Threat research facility at Wright-Patter- bers of the reserve components in Reduction programs and funds. son Air Force Base, Ohio. emergency response to the ter- Sec. 1202. Funding allocations. rorist attacks of September 11, Sec. 1203. Authorization of use of Cooperative TITLE XXIV—DEFENSE AGENCIES 2001. Threat Reduction funds for Sec. 2401. Authorized Defense Agencies con- Sec. 1040. Biannual reports on contributions to projects and activities outside the struction and land acquisition proliferation of weapons of mass former Soviet Union. projects. destruction and delivery systems Sec. 1204. Waiver of limitations on assistance Sec. 2402. Improvements to military family by countries of proliferation con- under programs to facilitate coop- housing units. cern. erative threat reduction and non- Sec. 2403. Energy conservation projects. Subtitle D—Homeland Defense proliferation. Sec. 2404. Authorization of appropriations, De- Sec. 1041. Homeland security activities of the Sec. 1205. Russian tactical nuclear weapons. fense Agencies. National Guard. Subtitle B—Other Matters TITLE XXV—NORTH ATLANTIC TREATY Sec. 1042. Conditions for use of full-time Re- Sec. 1211. Administrative support and services ORGANIZATION SECURITY INVESTMENT serves to perform duties relating for coalition liaison officers. PROGRAM to defense against weapons of Sec. 1212. Use of Warsaw Initiative funds for Sec. 2501. Authorized NATO construction and mass destruction. travel of officials from partner land acquisition projects. Sec. 1043. Weapon of mass destruction defined countries. Sec. 2502. Authorization of appropriations, for purposes of the authority for Sec. 1213. Support of United Nations-sponsored NATO. use of Reserves to perform duties efforts to inspect and monitor TITLE XXVI—GUARD AND RESERVE relating to defense against weap- Iraqi weapons activities. FORCES FACILITIES ons of mass destruction. Sec. 1214. Arctic and Western Pacific Environ- Sec. 2601. Authorized guard and reserve con- Sec. 1044. Report on Department of Defense mental Cooperation Program. struction and land acquisition homeland defense activities. Sec. 1215. Department of Defense HIV/AIDS projects. Sec. 1045. Strategy for improving preparedness prevention assistance program. Sec. 2602. Army National Guard Reserve Cen- of military installations for inci- Sec. 1216. Monitoring implementation of the ter, Lane County, Oregon. dents involving weapons of mass 1979 United States-China Agree- Sec. 2603. Additional project authorization for destruction. ment on Cooperation in Science Composite Support Facility for Il- Subtitle E—Other Matters and Technology. linois Air National Guard. Sec. 1061. Continued applicability of expiring DIVISION B—MILITARY CONSTRUCTION TITLE XXVII—EXPIRATION AND Governmentwide information se- AUTHORIZATIONS curity requirements to the Depart- EXTENSION OF AUTHORIZATIONS Sec. 2001. Short title. ment of Defense. Sec. 2701. Expiration of authorizations and Sec. 1062. Acceptance of voluntary services of TITLE XXI—ARMY amounts required to be specified proctors for administration of Sec. 2101. Authorized Army construction and by law. Armed Services Vocational Apti- land acquisition projects. Sec. 2702. Extension of authorizations of cer- tude Battery. Sec. 2102. Family housing. tain fiscal year 2000 projects. H5484 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Sec. 2703. Extension of authorizations of cer- Sec. 3127. Funds available for all national secu- TITLE XXXII—DEFENSE NUCLEAR tain fiscal year 1999 projects. rity programs of the Department FACILITIES SAFETY BOARD Sec. 2704. Effective date. of Energy. Sec. 3201. Authorization. TITLE XXVIII—GENERAL PROVISIONS Sec. 3128. Availability of funds. Sec. 3202. Authorization of appropriations for Sec. 3129. Transfer of defense environmental Subtitle A—Military Construction Program the formerly used sites remedial management funds. action program of the Corps of and Military Family Housing Changes Sec. 3130. Transfer of weapons activities funds. Sec. 2801. Lease of military family housing in Engineers. Subtitle C—Program Authorizations, SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES Korea. Restrictions, and Limitations Sec. 2802. Repeal of source requirements for DEFINED. Sec. 3131. Availability of funds for environ- family housing construction over- For purposes of this Act, the term ‘‘congres- mental management cleanup re- seas. sional defense committees’’ means— form. Sec. 2803. Modification of lease authorities (1) the Committee on Armed Services and the Sec. 3132. Robust Nuclear Earth Penetrator. under alternative authority for Committee on Appropriations of the Senate; and Sec. 3133. Database to track notification and (2) the Committee on Armed Services and the acquisition and improvement of resolution phases of Significant military housing. Committee on Appropriations of the House of Finding Investigations. Representatives. Subtitle B—Real Property and Facilities Sec. 3134. Requirements for specific request for Administration new or modified nuclear weapons. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS Sec. 2811. Agreements with private entities to Sec. 3135. Requirement for authorization by law enhance military training, testing, for funds obligated or expended TITLE I—PROCUREMENT and operations. for Department of Energy na- Subtitle A—Authorization of Appropriations tional security activities. Sec. 2812. Conveyance of surplus real property SEC. 101. ARMY. for natural resource conservation. Sec. 3136. Limitation on availability of funds for program to eliminate weapons Funds are hereby authorized to be appro- Sec. 2813. Modification of demonstration pro- priated for fiscal year 2003 for procurement for gram on reduction in long-term grade plutonium production in Russia. the Army as follows: facility maintenance costs. (1) For aircraft, $2,144,386,000. Subtitle C—Land Conveyances Subtitle D—Proliferation Matters (2) For missiles, $1,653,150,000. Sec. 2821. Conveyance of certain lands in Alas- Sec. 3151. Administration of program to elimi- (3) For weapons and tracked combat vehicles, ka no longer required for National nate weapons grade plutonium $2,242,882,000. Guard purposes. production in Russia. (4) For ammunition, $1,205,499,000. Sec. 2822. Land conveyance, Fort Campbell, Sec. 3152. Repeal of requirement for reports on (5) For other procurement, $5,513,679,000. obligation of funds for programs Kentucky. SEC. 102. NAVY AND MARINE CORPS. Sec. 2823. Modification of authority for land on fissile materials in Russia. Sec. 3153. Expansion of annual reports on sta- (a) NAVY.—Funds are hereby authorized to be transfer and conveyance, Naval tus of nuclear materials protec- appropriated for fiscal year 2003 for procure- Security Group Activity, Winter tion, control, and accounting pro- ment for the Navy as follows: Harbor, Maine. (1) For aircraft, $9,037,209,000. Sec. 2824. Land conveyance, Westover Air Re- grams. Sec. 3154. Testing of preparedness for emer- (2) For weapons, including missiles and tor- serve Base, Massachusetts. gencies involving nuclear, radio- pedoes, $2,505,820,000. Sec. 2825. Land conveyance, Naval Station logical, chemical, or biological (3) For shipbuilding and conversion, Newport, Rhode Island. $8,624,160,000. Sec. 2826. Land exchange, Buckley Air Force weapons. Sec. 3155. Program on research and technology (4) For other procurement, $4,515,500,000. Base, Colorado. for protection from nuclear or ra- (b) MARINE CORPS.—Funds are hereby author- Sec. 2827. Land acquisition, Boundary Channel diological terrorism. ized to be appropriated for fiscal year 2003 for Drive Site, Arlington, Virginia. Sec. 3156. Expansion of international materials procurement for the Marine Corps in the Sec. 2828. Land conveyances, Wendover Air protection, control, and account- amount of $1,341,219,000. Force Base Auxiliary Field, Ne- ing program. (c) NAVY AND MARINE CORPS AMMUNITION.— vada. Sec. 3157. Accelerated disposition of highly en- Funds are hereby authorized to be appropriated Sec. 2829. Land conveyance, Fort Hood, Texas. riched uranium and plutonium. for fiscal year 2003 for procurement of ammuni- Sec. 2830. Land conveyances, Engineer Proving Sec. 3158. Disposition of plutonium in Russia. tion for the Navy and the Marine Corps in the Ground, Fort Belvoir, Virginia. Sec. 3159. Strengthened international security amount of $1,173,157,000. Sec. 2831. Master plan for use of Navy Annex, for nuclear materials and safety Arlington, Virginia. SEC. 103. AIR FORCE. and security of nuclear oper- Funds are hereby authorized to be appro- Sec. 2832. Land conveyance, Sunflower Army ations. Ammunition Plant, Kansas. priated for fiscal year 2003 for procurement for Sec. 3160. Export control programs. the Air Force as follows: Sec. 2833. Land conveyance, Bluegrass Army Sec. 3161. Improvements to nuclear materials (1) For aircraft, $12,613,605,000. Depot, Richmond, Kentucky. protection, control, and account- (2) For ammunition, $1,275,864,000. Subtitle D—Other Matters ing program of the Russian Fed- (3) For missiles, $3,258,162,000. Sec. 2841. Transfer of funds for acquisition of eration. (4) For other procurement, $10,477,840,000. Sec. 3162. Comprehensive annual report to Con- replacement property for National SEC. 104. DEFENSE-WIDE ACTIVITIES. Wildlife Refuge system lands in gress on coordination and inte- Funds are hereby authorized to be appro- Nevada. gration of all United States non- proliferation activities. priated for fiscal year 2003 for Defense-wide pro- DIVISION C—DEPARTMENT OF ENERGY Sec. 3163. Utilization of Department of Energy curement in the amount of $3,054,943,000. NATIONAL SECURITY AUTHORIZATIONS national laboratories and sites in SEC. 105. DEFENSE INSPECTOR GENERAL. AND OTHER AUTHORIZATIONS support of counterterrorism and Funds are hereby authorized to be appro- TITLE XXXI—DEPARTMENT OF ENERGY homeland security activities. priated for fiscal year 2003 for procurement for NATIONAL SECURITY PROGRAMS Subtitle E—Other Matters the Inspector General of the Department of De- Subtitle A—National Security Programs Sec. 3171. Indemnification of Department of En- fense in the amount of $2,000,000. Authorizations ergy contractors. SEC. 106. CHEMICAL AGENTS AND MUNITIONS DE- Sec. 3101. National Nuclear Security Adminis- Sec. 3172. Worker health and safety rules for STRUCTION, DEFENSE. tration. Department of Energy facilities. There is hereby authorized to be appropriated Sec. 3102. Defense environmental management. Sec. 3173. One-year extension of authority of for the Office of the Secretary of Defense for fis- Sec. 3103. Other defense activities. Department of Energy to pay vol- cal year 2003 the amount of $1,490,199,000 for— Sec. 3104. Defense environmental management untary separation incentive pay- (1) the destruction of lethal chemical agents privatization. ments. and munitions in accordance with section 1412 Sec. 3105. Defense nuclear waste disposal. Sec. 3174. Support for public education in the of the Department of Defense Authorization Subtitle B—Recurring General Provisions vicinity of Los Alamos National Act, 1986 (50 U.S.C. 1521); and Sec. 3121. Reprogramming. Laboratory, New Mexico. (2) the destruction of chemical warfare mate- Sec. 3122. Limits on minor construction Subtitle F—Disposition of Weapons-Usable riel of the United States that is not covered by projects. Plutonium at Savannah River, South Caro- section 1412 of such Act. Sec. 3123. Limits on construction projects. lina SEC. 107. DEFENSE HEALTH PROGRAMS. Sec. 3124. Fund transfer authority. Sec. 3181. Findings. Funds are hereby authorized to be appro- Sec. 3125. Authority for conceptual and con- Sec. 3182. Disposition of weapons-usable pluto- priated for fiscal year 2003 for the Department struction design. nium at Savannah River Site. of Defense for procurement for carrying out Sec. 3126. Authority for emergency planning, Sec. 3183. Study of facilities for storage of plu- health care programs, projects, and activities of design, and construction activi- tonium and plutonium materials the Department of Defense in the total amount ties. at Savannah River Site. of $278,742,000. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5485 Subtitle B—Army Programs $1,900,000, with the amount of the increase to be acquisition plan for each pathfinder program SEC. 111. PILOT PROGRAM ON SALES OF MANU- allocated to Training Devices. covered by subsection (c). FACTURED ARTICLES AND SERVICES (b) AVAILABILITY.—(1) Of the amount author- (2) The Chairman of the Joint Requirements OF CERTAIN ARMY INDUSTRIAL FA- ized to be appropriated by section 102(b) for pro- Oversight Council, who shall assess the extent CILITIES WITHOUT REGARD TO curement for the Marine Corps, as increased by to which the acquisition plan for each such AVAILABILITY FROM DOMESTIC subsection (a), $1,900,000 shall be available as pathfinder program addresses validated military SOURCES. follows: requirements. (a) EXTENSION OF PROGRAM.—Subsection (a) (A) For upgrading live fire range target mov- (3) The Under Secretary of Defense (Comp- of section 141 of the National Defense Author- ers. troller), in coordination with the Under Sec- ization Act for Fiscal Year 1998 (Public Law (B) To bring live fire range radio controls into retary of Defense for Acquisition, Technology, 105–85; 10 U.S.C. 4543 note) is amended by strik- compliance with Federal Communications Com- and Logistics, who shall conduct an inde- ing ‘‘through 2002’’ in the first sentence and in- mission narrow band requirements. pendent programmatic evaluation of the acquisi- serting ‘‘through 2004’’. (2) Amounts available under paragraph (1) for tion plan for each such pathfinder program, in- (b) USE OF OVERHEAD FUNDS MADE SURPLUS the purposes set forth in that paragraph are in cluding an analysis of the total cost, schedule, BY SALES.—Such section is further amended— addition to any other amounts available in this and technical risk associated with development (1) by redesignating subsection (c) as sub- Act for such purposes. of such program. section (d); and (c) OFFSETTING REDUCTION.—The amount au- (e) PATHFINDER PROGRAMS.—The pathfinder (2) by inserting after subsection (b) the fol- thorized to be appropriated by section 103(1) for programs listed in this subsection are the pro- lowing new subsection (c): the C–17 interim contractor support is reduced gram as follows: ‘‘(c) For each Army industrial facility partici- by $1,900,000. (1) Space Based Radar. pating in the pilot program that sells manufac- Subtitle D—Air Force Programs (2) Global Positioning System. tured articles and services in a total amount in (3) Global Hawk. excess of $20,000,000 in any fiscal year, the SEC. 131. C–130J AIRCRAFT PROGRAM. (4) Combat Search and Rescue. amount equal to one-half of one percent of such (a) MULTIYEAR PROCUREMENT AUTHORITY.— (5) B–2 Radar. total amount shall be transferred from the sums Beginning with the fiscal year 2003 program (6) Predator B. in the Army Working Capital Fund for unuti- year, the Secretary of the Air Force may, in ac- (7) B–1 Defensive System Upgrade. lized plant capacity to appropriations available cordance with section 2306b of title 10, United (8) Multi Mission Command and Control Con- for the following fiscal year for the demilitariza- States Code, enter into a multiyear contract for stellation. tion of conventional ammunition by the Army.’’. the procurement of C–130J aircraft and variants (9) Unmanned Combat Air Vehicle. (c) UPDATE OF INSPECTOR GENERAL’S RE- of the C–130J aircraft, subject to subsection (b), (10) Global Transportation Network. VIEW.—The Inspector General of the Department and except that, notwithstanding subsection (k) (11) C–5 Avionics Modernization Program. of Defense shall review the experience under the of such section, such a contract may be for a pe- (12) Hunter/Killer. pilot program carried out under section 141 of riod of six program years. (13) Tanker/Lease. Public Law 105–85 and, not later than July 1, (b) LIMITATION.—The Secretary of the Air (14) Small Diameter Bomb. 2003, submit to Congress a report on the results Force may not enter into a multiyear contract (15) KC–767. of the review. The report shall contain the authorized by subsection (a) until the C–130J (16) AC–130 Gunship. views, information, and recommendations called aircraft has been cleared for worldwide over- SEC. 133. OVERSIGHT OF ACQUISITION FOR DE- for under subsection (d) of such section (as re- water capability. FENSE SPACE PROGRAMS. designated by subsection (b)(1)). In carrying out SEC. 132. PATHFINDER PROGRAMS. (a) IN GENERAL.—The Office of the Secretary the review and preparing the report, the Inspec- (a) SPIRAL DEVELOPMENT PLAN FOR SELECTED of Defense shall maintain oversight of acquisi- tor General shall take into consideration the re- PATHFINDER PROGRAMS.—Not later than Feb- tion for defense space programs. port submitted to Congress under such sub- ruary 1, 2003, the Secretary of the Air Force (b) REPORT ON OVERSIGHT.—(1) Not later than section (as so redesignated). shall— March 15, 2003, the Secretary of Defense shall submit to the congressional defense committees a Subtitle C—Navy Programs (1) identify among the pathfinder programs listed in subsection (e) each pathfinder program detailed plan on how the Office of the Secretary SEC. 121. INTEGRATED BRIDGE SYSTEM. that the Secretary shall conduct as a spiral de- of Defense shall provide oversight of acquisition (a) AMOUNT FOR PROGRAM.—Of the amount velopment program; and for defense space programs. authorized to be appropriated by section (2) submit to the Secretary of Defense for each (2) The plan shall set forth the following: 102(a)(4), $5,000,000 shall be available for the pathfinder program identified under paragraph (A) The organizations in the Office of the Sec- procurement of the integrated bridge system in (1) a spiral development plan that meets the re- retary of Defense, and the Joint Staff organiza- items less than $5,000,000. quirements of section 803(c). tions, to be involved in oversight of acquisition (b) OFFSETTING REDUCTION.—Of the total (b) APPROVAL OR DISAPPROVAL OF SPIRAL DE- for defense space programs. amount authorized to be appropriated by section VELOPMENT PLANS.—Not later than March 15, (B) The process for the review of defense 102(a)(4), the amount available for the inte- 2003, the Secretary of Defense shall— space programs by the organizations specified grated bridge system in Aegis support equipment (1) review each spiral development plan sub- under subparagraph (A). is hereby reduced by $5,000,000. mitted under subsection (a)(2); (C) The process for the provision by such or- SEC. 122. EXTENSION OF MULTIYEAR PROCURE- (2) approve or disapprove the conduct as a ganizations of technical, programmatic, sched- MENT AUTHORITY FOR DDG–51 spiral development plan of the pathfinder pro- uling, and budgetary advice on defense space CLASS DESTROYERS. gram covered by each such spiral development programs to the Deputy Secretary of Defense Section 122(b) of the National Defense Author- plan; and and the Under Secretary of the Air Force. ization Act for Fiscal Year 1997 (Public Law (3) submit to the congressional defense com- (D) The process for the development of inde- 104–201; 110 Stat. 2446), as amended by section mittees a copy of each spiral development plan pendent cost estimates for defense space pro- 122 of Public Law 106–65 (113 Stat. 534) and sec- approved under paragraph (2). grams, including the organization responsible tion 122(a) of the Floyd D. Spence National De- (c) ASSESSMENT OF PATHFINDER PROGRAMS for developing such cost estimates and when fense Authorization Act for Fiscal Year 2001 (as NOT SELECTED OR APPROVED FOR SPIRAL DE- such cost estimates shall be required. enacted into law by Public Law 106–398; 114 VELOPMENT.—Not later than March 15, 2003, (E) The process for the development of the Stat. 1654A–24), is further amended by striking each official of the Department of Defense speci- budget for acquisition for defense space pro- ‘‘October 1, 2005’’ in the first sentence and in- fied in subsection (d) shall submit to the con- grams. serting ‘‘October 1, 2007’’. gressional defense committees the assessment re- (F) The process for the resolution of issues re- SEC. 123. MAINTENANCE OF SCOPE OF CRUISER quired of such official under that subsection for garding acquisition for defense space programs CONVERSION OF TICONDEROGA the acquisition plan for each pathfinder pro- that are raised by the organizations specified CLASS AEGIS CRUISERS. gram as follows: under subparagraph (A). The Secretary of the Navy should maintain (1) Each pathfinder program that is not iden- (c) DEFENSE SPACE PROGRAM DEFINED.—In the scope of the cruiser conversion program for tified by the Secretary of the Air Force under this section, the term ‘‘defense space program’’ the Ticonderoga class of AEGIS cruisers such subsection (a)(1) as a program that the Sec- means any major defense acquisition program that the program— retary shall conduct as a spiral development (as that term is defined in section 2430 of title (1) covers all 27 Ticonderoga class AEGIS program. 10, United States Code) for the acquisition of— cruisers; and (2) Each pathfinder program that is dis- (1) space-based assets, space launch assets, or (2) modernizes the class of cruisers to include approved by the Secretary of Defense for con- user equipment for such assets; or an appropriate mix of upgrades to ships’ capa- duct as a spiral development program under (2) earth-based or spaced-based assets dedi- bilities for theater missile defense, naval fire subsection (b)(2). cated primarily to space surveillance or space support, and air dominance. (d) OFFICIALS AND REQUIRED ASSESSMENTS control. SEC. 124. MARINE CORPS LIVE FIRE RANGE IM- FOR PROGRAMS OUTSIDE SPIRAL DEVELOP- SEC. 134. LEASING OF TANKER AIRCRAFT. PROVEMENTS. MENT.—The officials specified in this subsection, The Secretary of the Air Force shall not enter (a) INCREASE IN AUTHORIZATION OF APPRO- and the assessment required of such officials, into any lease for tanker aircraft until the Sec- PRIATIONS.—The amount authorized to be ap- are as follows: retary submits the report required by section propriated by section 102(b) for procurement for (1) The Director of Operational Test and Eval- 8159(c)(6) of the Department of Defense Appro- the Marine Corps is hereby increased by uation, who shall assess the test contents of the priations Act, 2002 (division A of Public Law H5486 CONGRESSIONAL RECORD — HOUSE July 25, 2002

107–117; 115 Stat. 2284) and obtains authoriza- and evaluation under Department of Defense (c) USE OF FUNDS.—Subject to subsection (b), tion and appropriation of funds necessary to budget activities 1, 2, or 3. the Secretary of Defense may use the amount enter into a lease for such aircraft consistent SEC. 203. DEFENSE HEALTH PROGRAMS. available under such subsection for any pro- with his publicly stated commitments to the Funds are hereby authorized to be appro- gram for meeting the needs of the Army for indi- Congress to do so. priated for fiscal year 2003 for the Department rect fire capabilities. SEC. 135. COMPASS CALL PROGRAM. of Defense for research, development, test, and (d) REPORTING REQUIREMENT.—(1) Not later Of the amount authorized to be appropriated evaluation for carrying out health care pro- than 30 days after the date of the enactment of by section 103(1), $12,700,000 shall be available grams, projects, and activities of the Department this Act, the Chief of Staff of the Army shall for the Compass Call program within classified of Defense in the total amount of $67,214,000. complete a review of the full range of Army pro- projects and not within the Defense Airborne Subtitle B—Program Requirements, grams that could provide improved indirect fire Reconnaissance Program. Restrictions, and Limitations for the Army over the next 20 years and shall SEC. 136. SENSE OF CONGRESS REGARDING AS- SEC. 211. BASIC SEISMIC RESEARCH PROGRAM submit to the Secretary of Defense a report con- SURED ACCESS TO SPACE. FOR SUPPORT OF NATIONAL RE- taining the recommendation of the Chief of Staff (a) FINDINGS.—Congress makes the following QUIREMENTS FOR MONITORING NU- on which alternative for improving indirect fire findings: CLEAR EXPLOSIONS. for the Army is the best alternative for that pur- (a) MANAGEMENT OF PROGRAM.—(1) The Sec- (1) Assured access to space is a vital national pose. The report shall also include information retary of the Air Force shall manage the De- security interest of the United States. on each of the following funding matters: (2) The Evolved Expendable Launch Vehicle partment of Defense program of basic seismic re- (A) The manner in which the amount avail- program of the Department of Defense is a crit- search in support of national requirements for able under subsection (b) should be best invested ical element of the Department’s plans for as- monitoring nuclear explosions. The Secretary to support the improvement of indirect fire capa- suring United States access to space. shall manage the program in the manner nec- bilities for the Army. (3) Significant contractions in the commercial essary to support Air Force mission requirements (B) The manner in which the amount pro- space launch marketplace have eroded the over- relating to the national requirements. vided for indirect fire programs of the Army in (2) The Secretary shall act through the Direc- all viability of the United States space launch the future-years defense program submitted to tor of the Air Force Research Laboratory in car- industrial base and could hamper the ability of Congress with respect to the budget for fiscal rying out paragraph (1). the Department of Defense to provide assured year 2003 under section 221 of title 10, United (c) AMOUNT FOR PROGRAM.—Of the amount States Code, should be best invested to support access to space in the future. authorized to be appropriated by section 201(4), improved indirect fire for the Army. (4) The continuing viability of the United $20,000,000 shall be available for the program re- States space launch industrial base is a critical ferred to in subsection (a). (C) The manner in which the amounts de- element of any strategy to ensure the long-term scribed in subparagraphs (A) and (B) should be SEC. 212. ADVANCED SEAL DELIVERY SYSTEM. ability of the United States to assure access to To the extent provided in appropriations Acts, best invested to support the improvement of in- space. the Secretary of Defense may use for research, direct fire capabilities for the Army in the event (5) The Under Secretary of the Air Force, as development, test, and evaluation for the Ad- of a termination of the Crusader artillery system acquisition executive for space programs in the vanced SEAL Delivery System any funds that program. Department of Defense, has been authorized to were authorized to be appropriated to the De- (D) The portion of the amount available develop a strategy to address United States partment of Defense for fiscal year 2002 for the under subsection (b) that should be reserved for space launch and assured access to space re- procurement of that system, were appropriated paying costs associated with a termination of quirements. pursuant to such authorization of appropria- the Crusader artillery system program in the (b) SENSE OF CONGRESS.—It is the sense of tions, and are no longer needed for that pur- event of such a termination. Congress that the Under Secretary of the Air pose. (2) The Secretary of Defense shall submit the Force should— report, together with any comments and rec- (1) evaluate all options for sustaining the SEC. 213. ARMY EXPERIMENTATION PROGRAM RE- GARDING DESIGN OF THE OBJEC- ommendations that the Secretary considers ap- United States space launch industrial base; TIVE FORCE. propriate, to the congressional defense commit- (2) develop an integrated, long-range, and (a) REQUIREMENT FOR REPORT.—Not later tees. adequately funded plan for assuring United than March 30, 2003, the Secretary of the Army (e) ANNUAL UPDATES.—(1) The Secretary shall States access to space; and shall submit to Congress a report on the experi- submit to the congressional defense committees, (3) submit to Congress a report on the plan at mentation program regarding design of the ob- at the same time that the President submits the the earliest opportunity practicable. jective force that is required by subsection (g) of budget for a fiscal year referred to in paragraph SEC. 137. MOBILE EMERGENCY BROADBAND SYS- section 113 of the Floyd D. Spence National De- (4) to Congress under section 1105(a) of title 31, TEM. fense Authorization Act for Fiscal Year 2001, as United States Code, a report on the investments (a) AMOUNT FOR PROGRAM.—Of the total added by section 113 of the National Defense proposed to be made in indirect fire programs for amount authorized to be appropriated by section Authorization Act for Fiscal Year 2002 (Public the Army. 103(4), $1,000,000 may be available for the pro- Law 107–107; 115 Stat. 1029). (2) If the Crusader artillery system program curement of technical communications-elec- (b) BUDGET DISPLAY.—Amounts provided for has been terminated by the time the annual re- tronics equipment for the Mobile Emergency the experimentation program in the budget for port is submitted in conjunction with the budget Broadband System. fiscal year 2004 that is submitted to Congress for a fiscal year, the report shall— (b) OFFSETTING REDUCTION.—Of the total under section 1105(a) of title 31, United States (A) identify the amount proposed for expendi- amount authorized to be appropriated by section Code, shall be displayed as a distinct program ture for the Crusader artillery system program 103(4), the amount available under such section element in that budget and in the supporting for that fiscal year in the future-years defense for the Navy for other procurement for gun fire documentation submitted to Congress by the program that was submitted to Congress in 2002 control equipment, SPQ–9B solid state trans- Secretary of Defense. under section 221 of title 10, United States Code; mitter, is hereby reduced by $1,000,000. SEC. 214. REALLOCATION OF AMOUNT AVAILABLE and TITLE II—RESEARCH, DEVELOPMENT, FOR INDIRECT FIRE PROGRAMS. (B) specify— (a) REDUCTION OF AMOUNT FOR CRUSADER.— TEST, AND EVALUATION (i) the manner in which the amount provided Of the amount authorized to be appropriated by Subtitle A—Authorization of Appropriations in that budget would be expended for improved section 201(1) for the Army for research, devel- indirect fire capabilities for the Army; and SEC. 201. AUTHORIZATION OF APPROPRIATIONS. opment, test, and evaluation, the amount avail- (ii) the extent to which the expenditures in Funds are hereby authorized to be appro- able for continued research and development of that manner would improve indirect fire capa- priated for fiscal year 2003 for the use of the De- the Crusader artillery system is hereby reduced bilities for the Army. partment of Defense for research, development, by $475,600,000. test, and evaluation as follows: (b) INCREASE OF AMOUNT FOR FUTURE COM- (3) The requirement to submit an annual re- (1) For the Army, $7,297,033,000. BAT SYSTEMS.—Of the amount authorized to be port under paragraph (1) shall apply with re- (2) For the Navy, $12,927,135,000. appropriated by section 201(1) for the Army for spect to budgets for fiscal years 2004, 2005, 2006, (3) For the Air Force, $18,608,684,000. research, development, test, and evaluation, the 2007, and 2008. (4) For Defense-wide activities, $17,543,927,000, amount available for research and development SEC. 215. LASER WELDING AND CUTTING DEM- of which $361,554,000 is authorized for the Direc- for the Objective Force indirect fire systems is ONSTRATION. tor of Operational Test and Evaluation. hereby increased by $475,600,000. The amount of (a) AMOUNT FOR PROGRAM.—Of the total SEC. 202. AMOUNT FOR SCIENCE AND TECH- the increase shall be available only for meeting amount authorized to be appropriated by section NOLOGY. the needs of the Army for indirect fire capabili- 201(2) for research, development, test, and eval- (a) AMOUNT FOR PROJECTS.—Of the total ties, and may not be used under the authority of uation for the Navy, $6,000,000 shall be avail- amount authorized to be appropriated by section this section until 30 days after the date on able for the laser welding and cutting dem- 201, $10,164,358,000 shall be available for science which the Secretary of Defense submits to the onstration in force protection applied research and technology projects. congressional defense committees the report re- (PE 0602123N). (b) SCIENCE AND TECHNOLOGY DEFINED.—In quired by subsection (d), together with a notifi- (b) OFFSETTING REDUCTION.—Of the total this section, the term ‘‘science and technology cation of the Secretary’s plan to use such funds amount authorized to be appropriated by section project’’ means work funded in program ele- to meet the needs of the Army for indirect fire 201(2) for research, development, test, and eval- ments for defense research, development, test, capabilities. uation for the Navy, the amount available for July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5487

laser welding and cutting demonstration in sur- SEC. 219C. THEATER AEROSPACE COMMAND AND (c) OFFSET.—The amount authorized to be ap- face ship and submarine HM&E advanced tech- CONTROL SIMULATION FACILITY UP- propriated by section 201(2) for research, devel- nology (PE 0603508N) is hereby reduced by GRADES. opment, test, and evaluation for the Navy is $6,000,000. (a) AVAILABILITY OF FUNDS.—(1) The amount hereby decreased by $5,500,000, with the amount authorized to be appropriated by section 201(3) SEC. 216. ANALYSIS OF EMERGING THREATS. of the decrease to be allocated to submarine tac- for the Air Force for wargaming and simulation (a) INCREASE IN AUTHORIZATION OF APPRO- tical warfare system (PE 0604562N) and amounts centers (PE 0207605F) is increased by $2,500,000. PRIATIONS.—The amount authorized to be ap- available under that program element for up- propriated by section 201(2) for research, devel- The total amount of the increase may be avail- grades of combat control software to commercial opment, test, and evaluation for the Navy is able for Theater Aerospace Command and Con- architecture. trol Simulation Facility (TACCSF) upgrades. hereby increased by $2,000,000 with the amount SEC. 219G. FULL-SCALE HIGH-SPEED PERMANENT (2) The amount available under paragraph (1) of the increase to be allocated to Marine Corps MAGNET GENERATOR. for Theater Aerospace Command and Control Advanced Technology Demonstration (ATD) (a) INCREASE IN AUTHORIZATION OF APPRO- Simulation Facility upgrades is in addition to (PE 0603640M). PRIATIONS.—The amount authorized to be ap- any other amounts available under this Act for (b) AVAILABILITY.—(1) Of the amount author- propriated by section 201(2) for research, devel- ized to be appropriated by section 201(2) for re- such upgrades. opment, test, and evaluation for the Navy is (b) OFFSET.—The amount authorized to be ap- search, development, test, and evaluation for hereby increased by $1,000,000, with the amount propriated by section 201(2) for the Navy for the Navy, as increased by subsection (a), of the increase to be allocated to Force Protec- Mine and Expeditionary Warfare Applied Re- $2,000,000 may be available for analysis of tion Advanced Technology (PE 0603123N). search (PE 0602782N) is reduced by $2,500,000. emerging threats. (b) AVAILABILITY.—(1) Of the amount author- (2) The amount available under paragraph (1) SEC. 219D. DDG OPTIMIZED MANNING INITIATIVE. ized to be appropriated by section 201(2) for re- for analysis of emerging threats is in addition to (a) INCREASE IN AUTHORIZATION OF APPRO- search, development, test, and evaluation for any other amounts available under this Act for PRIATIONS.—The amount authorized to be ap- the Navy, as increased by subsection (a), analysis of emerging threats. propriated by section 201(2) for research, devel- $1,000,000 may be available for development and (c) OFFSET.—The amount authorized to be ap- opment, test, and evaluation for the Navy is demonstration of a full-scale high-speed perma- propriated by section 201(1) for research, devel- hereby increased by $2,500,000, with the amount nent magnet generator. opment, test, and evaluation for the Army is of the increase to be allocated to surface com- (2) The amount available under paragraph (1) hereby reduced by $2,000,000, with the amount batant combat system engineering (PE for development and demonstration of the gener- of the reduction allocated as follows: 0604307N). ator described in that paragraph is in addition (1) $1,000,000 may be allocated to Weapons (b) AVAILABILITY.—(1) Of the amount author- to any other amounts available in this Act for and Munitions Technology (PE 0602624A) and ized to be appropriated by section 201(2) for re- development and demonstration of that gener- available for countermobility systems. search, development, test, and evaluation for ator. (2) $1,000,000 may be allocated to Warfighter the Navy, as increased by subsection (a), (c) OFFSET.—The amount authorized to be ap- Advanced Technology (PE 0603001A) and avail- $2,500,000 may be available for the DDG opti- propriated by section 201(1) for research, devel- able for Objective Force Warrior technologies. mized manning initiative. opment, test, and evaluation for the Army is SEC. 217. PROHIBITION ON TRANSFER OF MED- (2) The amount available under paragraph (1) hereby reduced by $1,000,000, with the amount ICAL FREE ELECTRON LASER PRO- for the initiative referred to in that paragraph is of the reduction to be allocated to Artillery Sys- GRAM. in addition to any other amounts available tems–Dem/Val (PE 0603854A). Notwithstanding any other provision of law, under this Act for that initiative. SEC. 219H. AVIATION-SHIPBOARD INFORMATION the Medical Free Electron Laser Program (PE (c) OFFSET.—The amount authorized to be ap- TECHNOLOGY INITIATIVE. 0602227D8Z) may not be transferred from the propriated by section 201(1) for research, devel- Of the amount authorized to be appropriated Department of Defense to the National Insti- opment, test, and evaluation for artillery sys- by section 201(2) for shipboard aviation systems, tutes of Health, or to any other department or tems DEM/VAL (PE 0603854A), by $2,500,000. up to $8,200,000 may be used for the aviation- agency of the Federal Government. SEC. 219E. AGROTERRORIST ATTACKS. shipboard information technology initiative. SEC. 218. DEMONSTRATION OF RENEWABLE EN- (a) AVAILABILITY.—(1) Of the amount author- SEC. 219I. AEROSPACE RELAY MIRROR SYSTEM ERGY USE. ized to be appropriated by section 201(4) for re- (ARMS) DEMONSTRATION. Of the amount authorized to be appropriated search, development, test, and evaluation, de- Of the amount authorized to be appropriated by section 201(2), $2,500,000 shall be available fense-wide, the amount available for basic re- by section 201(3) for the Department of Defense for the demonstration of renewable energy use search for the Chemical and Biological Defense for research, development, test, and evaluation program within the program element for the Program (PE 0601384BP) is hereby increased by for the Air Force, $6,000,000 may be available for Navy energy program and not within the pro- $1,000,000, with the amount of such increase to the Aerospace Relay Mirror System (ARMS) gram element for facilities improvement. be available for research, analysis, and assess- Demonstration. SEC. 219A. RADAR POWER TECHNOLOGY FOR THE ment of efforts to counter potential agroterrorist SEC. 219J. LITTORAL SHIP PROGRAM. ARMY. attacks. (a) AMOUNT FOR PROGRAM.—Of the amount (a) INCREASE IN AUTHORIZATION OF APPRO- (2) The amount available under paragraph (1) authorized to be appropriated by section 201(2) PRIATIONS.—The amount authorized to be ap- for research, analysis, and assessment described for research and development, test and evalua- propriated by section 201(1) for the Department in that paragraph is in addition to any other tion, Navy, $4,000,000 may be available for re- of Defense for research, development, test, and amounts available in this Act for such research, quirements development of a littoral ship in evaluation for the Army is hereby increased by analysis, and assessment. Ship Concept Advanced Design (PE 0603563N). $4,500,000, with the amount of the increase to be (b) OFFSET.—Of the amount authorized to be (b) OFFSETTING REDUCTION.—Of the total allocated to Army missile defense systems inte- appropriated by section 201(4) for research, de- amount authorized to be appropriated by section gration (DEM/VAL) (PE 0603308A). velopment, test, and evaluation, Defense-wide, 201(2) for research and development, test and (b) AVAILABILITY FOR RADAR POWER TECH- the amount available for biological terrorism evaluation, Navy, the amount available for NOLOGY.—(1) Of the amount authorized to be and agroterrorism risk assessment and pre- FORCENET in Tactical Command System (PE appropriated by section 201(1) for the Depart- diction in the program element relating to the 0604231N), is hereby reduced by an additional ment of Defense for research, development, test, Chemical and Biological Defense Program (PE $4,000,000. and evaluation for the Army, as increased by 0603384BP) is hereby reduced by $1,000,000. Subtitle C—Missile Defense Programs subsection (a), $4,500,000 shall be available for SEC. 219F. VERY HIGH SPEED SUPPORT VESSEL SEC. 221. ANNUAL OPERATIONAL ASSESSMENTS radar power technology. FOR THE ARMY. AND REVIEWS OF BALLISTIC MISSILE (2) The amount available under paragraph (1) (a) INCREASE IN AUTHORIZATION OF APPRO- DEFENSE PROGRAM. for radar power technology is in addition to any PRIATIONS.—The amount authorized to be ap- (a) ANNUAL OPERATIONAL ASSESSMENT.— other amounts available under this Act for such propriated by section 201(1) for research, devel- (1)(A) During the first quarter of each fiscal technology. opment, test, and evaluation for the Army is year, the Director of Operational Test and Eval- (c) OFFSET.—The amount authorized to be ap- hereby increased by $5,500,000, with the amount uation shall conduct an operational assessment propriated by section 201(2) for research, devel- of the increase to be allocated to logistics and of the missile defense programs listed in para- opment, test, and evaluation for the Navy is engineering equipment–advanced development graph (3). hereby reduced by $4,500,000, with the amount (PE 0603804A). (B) The annual assessment shall include— of the reduction to be allocated to common pic- (b) AVAILABILITY.—(1) Of the amount author- (i) a detailed, quantitative evaluation of the ture advanced technology (PE 0603235N). ized to be appropriated by section 201(1) for re- potential operational effectiveness, reliability, SEC. 219B. CRITICAL INFRASTRUCTURE PROTEC- search, development, test, and evaluation for and suitability of the system or systems under TION. the Army, as increased by subsection (a), each program as the program exists during the (a) AMOUNT FOR PROGRAM.—Of the amount $5,500,000 may be available for development of a fiscal year of the assessment; authorized to be appropriated in section 201(4), prototype composite hull design to meet the the- (ii) an evaluation of the adequacy of testing $4,500,000 may be available for critical infra- ater support vessel requirement. through the end of the previous fiscal year to structure protection (PE 35190D8Z). (2) The amount available under paragraph (1) measure and predict the effectiveness of the sys- (b) OFFSET.—Of the amount authorized to be for development of the hull design referred to in tems; and appropriated by section 201(2), the amount for that paragraph is in addition to any other (iii) a determination of the threats, or type of power projection advanced technology (PE amounts available under this Act for develop- threats, against which the systems would be ex- 63114N) is hereby reduced by $4,500,000. ment of that hull design. pected to be effective and those against which H5488 CONGRESSIONAL RECORD — HOUSE July 25, 2002 the systems would not be expected to be effec- (2) the Navy TheaterWide/Sea-based Mid- SEC. 225. REFERENCES TO NEW NAME FOR BAL- tive. course Defense program. LISTIC MISSILE DEFENSE ORGANIZA- TION. (C) The first assessment under this paragraph SEC. 223. REPORT ON AIR-BASED BOOST PRO- shall be conducted during fiscal year 2003. GRAM. (a) CONFORMING AMENDMENTS.—The fol- (2) Not later than January 15 of each year, Not later than January 15, 2003, the Secretary lowing provisions of law are amended by strik- the Director of Operational Test and Evaluation of Defense shall submit to the congressional de- ing ‘‘Ballistic Missile Defense Organization’’ shall submit to the Secretary of Defense and the fense committees a report on the Air-based Boost each place it appears and inserting ‘‘United congressional defense committees a report on the program (formerly known as the Airborne Laser States Missile Defense Agency’’: (1) Sections 223 and 224 of title 10, United assessment conducted during the preceding program). The report shall contain the following States Code. quarter-year. The report shall include the eval- information: (2) Sections 232, 233, and 235 of the National uation of the potential of the system or systems (1) The development schedule together with Defense Authorization Act for Fiscal Year 2002 together with a discussion of the basis for the the estimated annual costs of the program (Public Law 107–107). evaluation. through the completion of development. (3) The requirement for an annual operational (b) OTHER REFERENCES.—Any reference to the (2) The planned procurement schedule, to- Ballistic Missile Defense Organization in any assessment under paragraph (1) shall apply to gether with the Secretary’s best estimates of the programs under the United States Missile De- other provision of law or in any regulation, annual costs of, and number of units to be pro- map, document, record, or other paper of the fense Agency as follows: cured under, the program through the comple- (A) The Ground-based Midcourse Defense pro- United States shall be considered to be a ref- tion of the procurement. gram. erence to the United States Missile Defense (B) The Sea-based Midcourse Defense pro- (3) The current program acquisition unit cost, Agency. gram. and the history of program acquisition unit costs from the date the program (including any SEC. 226. LIMITATION ON USE OF FUNDS FOR NU- (C) The Theater High Altitude Area Defense CLEAR ARMED INTERCEPTORS. antecedent program) was first included in a Se- (THAAD) program. None of the funds authorized to be appro- lected Acquisition Report under section 2432 of (D) The Air-based Boost program (formerly priated by this or any other Act may be used for title 10, United States Code. known as the Airborne Laser Defense program). research, development, test, evaluation, procure- (4) The current procurement unit cost, and (b) ANNUAL REQUIREMENTS REVIEWS.—(1) ment, or deployment of nuclear armed intercep- the history of procurement unit costs from the During the first quarter of each fiscal year, the tors of a missile defense system. Joint Requirements Oversight Council estab- date the program (including any antecedent program) was first included in a Selected Acqui- SEC. 227. REPORTS ON FLIGHT TESTING OF lished under section 181 of title 10, United States GROUND-BASED MIDCOURSE NA- Code, shall review the cost, schedule, and per- sition Report under such section 2432. TIONAL MISSILE DEFENSE SYSTEM. formance criteria for the missile defense pro- (5) The reasons for any changes in program (a) REQUIREMENT.—The Director of the grams under the United States Missile Defense acquisition cost, program acquisition unit cost, United States Missile Defense Agency shall sub- Agency and assess the validity of the criteria in procurement cost, or procurement unit cost, and mit to the congressional defense committees a re- relation to military requirements. The first re- the reasons for any changes in program sched- port on each flight test of the Ground-based view shall be carried out in fiscal year 2003. ule. Midcourse national missile defense system. The (2) Not later than January 15 of each year, (6) The major contracts under the program report shall be submitted not later than 120 days the Chairman of the Joint Requirements Over- and the reasons for any changes in cost or after the date of the test. sight Council shall submit to the Secretary of schedule variances under the contracts. (b) CONTENT.—A report on a flight test under Defense and the congressional defense commit- (7) The Test and Evaluation Master Plan de- subsection (a) shall include the following mat- tees a report on the results of the review carried veloped for the program in accordance with the ters: out under paragraph (1) during the preceding requirements and guidance of Department of (1) A thorough discussion of the content and quarter-year. Defense regulation 5000.2–R. objectives of the test. SEC. 222. REPORT ON MIDCOURSE DEFENSE PRO- SEC. 224. REPORT ON THEATER HIGH ALTITUDE (2) For each test objective, a statement regard- GRAM. AREA DEFENSE PROGRAM. ing whether the objective was achieved. (a) REQUIREMENT FOR REPORT.—Not later (a) REQUIREMENT FOR REPORT.—Not later (3) For any test objective not achieved— than January 15, 2003, the Secretary of Defense than January 15, 2003, the Secretary of Defense (A) a thorough discussion describing the rea- shall submit to the congressional defense com- shall submit to the congressional defense com- sons for not achieving the objective; and mittees a report on the Midcourse Defense pro- mittees a report on the Theater High Altitude (B) a discussion of any plans for future tests gram of the United States Missile Defense Agen- Area Defense program. The report shall contain to achieve the objective. cy. The report shall include the following infor- the following information: (c) FORMAT.—The reports required under sub- mation: (1) The development schedule together with section (a) shall be submitted in classified and (1) The development schedule, together with the estimated annual costs of the program unclassified form. an estimate of the annual costs through the through the completion of development. Subtitle D—Improved Management of Depart- completion of development. (2) The planned procurement schedule, to- ment of Defense Test and Evaluation Facili- (2) The planned procurement schedule, to- gether with the Secretary’s best estimates of the ties gether with the Secretary’s best estimates of the annual costs of, and number of units to be pro- SEC. 231. DEPARTMENT OF DEFENSE TEST AND annual costs of, and number of units to be pro- cured under, the program through the comple- cured under, the program through the comple- EVALUATION RESOURCE ENTER- tion of the procurement. PRISE. tion of the procurement. (3) The current program acquisition unit cost (3) The current program acquisition unit cost (a) ESTABLISHMENT.—Section 139 of title 10, and the history of program acquisition unit and the history of acquisition unit costs from United States Code, is amended by adding at the costs from the date the program (including any the date the program (including its antecedent end the following new subsection: antecedent program) was first included in a Se- program) was first included in a Selected Acqui- ‘‘(k)(1) There is a Test and Evaluation Re- lected Acquisition Report under section 2432 of sition Report under section 2432 of title 10, source Enterprise within the Department of De- title 10, United States Code. United States Code. fense. The head of the Test and Evaluation Re- (4) The current procurement unit cost, and (4) The current procurement unit cost, and source Enterprise shall report to the Director of the history of procurement unit costs from the the history of procurement unit costs from the Operational Test and Evaluation. date the program (including any antecedent date the program (including any antecedent ‘‘(2)(A) The head of the Test and Evaluation program) was first included in a Selected Acqui- program) was first included in a Selected Acqui- Resource Enterprise shall manage all funds sition Report under such section 2432. sition Report under such section 2432. available to the Department of Defense for the (5) The reasons for any changes in program (5) The reasons for any changes in program support of investment in, operation and mainte- acquisition cost, program acquisition unit cost, acquisition cost, program acquisition unit cost, nance of, development of, and management of procurement cost, or procurement unit cost, and procurement cost, or procurement unit cost, and the test and evaluation facilities and resources the reasons for any changes in program sched- the reasons for any changes in program sched- of the Major Range and Test Facility Base. All ule. ule. such funds shall be transferred to and placed (6) The major contracts under the program (6) The major contracts under the program under the control of the head of the Department and the reasons for any changes in cost or and the reasons for any changes in cost or of Defense Test and Evaluation Resource Enter- schedule variances under the contracts. schedule variances under the contracts. prise. (7) The Test and Evaluation Master Plan de- (7) The Test and Evaluation Master Plan de- ‘‘(B) Subparagraph (A) shall not be construed veloped for the program in accordance with the veloped for the program in accordance with the to authorize the head of the Test and Evalua- requirements and guidance of Department of requirements and guidance of Department of tion Enterprise, nor to impair the authority of Defense regulation 5000.2–R. Defense regulation 5000.2–R. the Secretary of a military department, to man- (b) SEGREGATION OF GROUND-BASED AND SEA- (b) FUNDING LIMITATION.—Not more than 50 age the funds available to that military depart- BASED EFFORTS.—The report under subsection percent of the amount authorized to be appro- ment for the support of investment in, operation (a) shall separately display the schedules, cost priated by this Act for the United States Missile and maintenance of, development of, and man- estimates, cost histories, contracts, and test Defense Agency for the Theater High Altitude agement of the training facilities and resources plans for— Area Defense program may be expended until of the Major Range and Test Facility Base. (1) the National Missile Defense/Ground-based the submission of the report required under sub- ‘‘(3) The head of the Test and Evaluation Re- Midcourse Defense program; and section (a). source Enterprise shall— July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5489 ‘‘(A) ensure that the planning for and execu- (3) For transfer to the major test and evalua- within the Major Range Test and Facility tion of the testing of a system within the Major tion investment program of the Air Force, the Base— Range and Test Facility Base is performed by amount equal to 0.625 percent of the total ‘‘(A) means the costs of maintaining, oper- the activity of a military department that is re- amount authorized to be appropriated by this ating, upgrading, and modernizing the facility sponsible for the testing; title for the Air Force for demonstration and or resource; and ‘‘(B) ensure that the military department op- validation, engineering and manufacturing de- ‘‘(B) does not include an incremental cost of erating a facility or resource within the Major velopment, and operational systems develop- operating the facility or resource that is attrib- Range and Test Facility Base charges an orga- ment. utable to the use of the facility or resource for nization using the facility or resource for testing (4) For transfer to the Central Test and Eval- testing under a particular program.’’. only the incremental cost of the operation of the uation Investment Program of the Department (B) The table of section at the beginning of facility or resource that is attributable to the of Defense, the amount equal to 0.625 percent of such chapter is amended by inserting before the testing; the total amount authorized to be appropriated item relating to section 7522 the following new ‘‘(C) ensure that the military department op- by this title for Defense-wide demonstration and item: erating a facility or resource within the Major validation, engineering and manufacturing de- ‘‘7521. Test and evaluation: use of facilities.’’. Range and Test Facility Base comprehensively velopment, and operational systems develop- (3)(A) Chapter 933 of title 10, United States and consistently applies sound enterprise man- ment. Code, is amended by inserting after the table of agement practices in the management of the fa- (b) INSTITUTIONAL FUNDING OF TEST AND sections at the beginning of such chapter the cility or resource; EVALUATION FACILITIES.—(1)(A) Chapter 433 of following new section: ‘‘(D) make investments that are prudent for title 10, United States Code, is amended by in- ‘‘§ 9531. Test and evaluation: use of facilities ensuring that Department of Defense test and serting after the table of sections at the begin- evaluation facilities and resources are adequate ning of such chapter the following new section: ‘‘(a) CHARGES FOR USE.—The Secretary of the Air Force may charge an entity for using a fa- to meet the current and future testing require- ‘‘§ 4531. Test and evaluation: use of facilities ments of Department of Defense programs; cility or resource of the Air Force within the ‘‘(a) CHARGES FOR USE.—The Secretary of the ‘‘(E) ensure that there is in place a simplified Major Range and Test Facility Base for testing. Army may charge an entity for using a facility financial management and accounting system The amount charged may not exceed the incre- or resource of the Army within the Major Range for Department of Defense test and evaluation mental cost to the Air Force of the use of the fa- and Test Facility Base for testing. The amount facilities and resources and that the system is cility or resource by that user for the testing. charged may not exceed the incremental cost to uniformly applied to the operation of such fa- ‘‘(b) INSTITUTIONAL AND OVERHEAD COSTS.— the Army of the use of the facility or resource by cilities and resources throughout the Depart- The institutional and overhead costs of a facil- that user for the testing. ment; and ity or resource of the Air Force that is within ‘‘(b) INSTITUTIONAL AND OVERHEAD COSTS.— ‘‘(F) ensure that unnecessary costs of owning the Major Range and Test Facility Base shall be The institutional and overhead costs of a facil- and operating Department of Defense test and paid out of the major test and evaluation invest- ity or resource of the Army that is within the evaluation resources are not incurred. ment accounts of the Air Force, the Central Test Major Range and Test Facility Base shall be ‘‘(4) In this section, the term ‘Major Range and Evaluation Investment Program of the De- paid out of the major test and evaluation invest- and Test Facility Base’ means the test and eval- partment of Defense, and other appropriate ap- ment accounts of the Army, the Central Test uation facilities and resources that are des- propriations made directly to the Air Force. and Evaluation Investment Program of the De- ignated by the Director of Operational Test and ‘‘(c) MAJOR RANGE AND TEST FACILITY BASE partment of Defense, and other appropriate ap- Evaluation as facilities and resources com- DEFINED.—In this section: propriations made directly to the Army. prising the Major Range and Test Facility ‘‘(1) The term ‘Major Range and Test Facility ‘‘(c) MAJOR RANGE AND TEST FACILITY BASE Base.’’. Base’ has the meaning given the term in section DEFINED.—In this section: (b) EFFECTIVE DATE AND TRANSITION RE- 139(k)(4) of this title. ‘‘(1) The term ‘Major Range and Test Facility QUIREMENTS.—(1) The amendment made by ‘‘(2) The term ‘institutional and overhead Base’ has the meaning given the term in section paragraph (1) shall take effect one year after costs’, with respect to a facility or resource 139(k)(4) of this title. the date of the enactment of this Act. within the Major Range Test and Facility ‘‘(2) The term ‘institutional and overhead (2)(A) The Secretary of Defense shall develop Base— costs’, with respect to a facility or resource a transition plan to ensure that the head of the ‘‘(A) means the costs of maintaining, oper- within the Major Range Test and Facility Test and Evaluation Resource Enterprise is pre- ating, upgrading, and modernizing the facility Base— pared to assume the responsibilities under sub- or resource; and ‘‘(A) means the costs of maintaining, oper- section (k) of section 139 of title 10, United ‘‘(B) does not include an incremental cost of ating, upgrading, and modernizing the facility States Code (as added by subsection (a)), on the operating the facility or resource that is attrib- or resource; and utable to the use of the facility or resource for effective date provided in paragraph (1). ‘‘(B) does not include an incremental cost of (B) Until the Test and Evaluation Resource testing under a particular program.’’. operating the facility or resource that is attrib- Enterprise has been established, all investments (B) The table of section at the beginning of utable to the use of the facility or resource for of $500,000 or more in the Major Range and Test such chapter is amended by inserting before the testing under a particular program.’’. Facility Base of the Department of Defense item relating to section 9532 the following new (B) The table of section at the beginning of item: shall be subject to the approval of the Director such chapter is amended by inserting before the ‘‘9531. Test and evaluation: use of facilities.’’. of Operational Test and Evaluation. item relating to section 7522 the following new (C) In this paragraph, the term ‘‘Major Range (4) Not later than 30 days after the date of the item: and Test Facility Base’’ has the meaning given enactment of this Act, the Under Secretary of that term in section 139(k)(4) of title 10, United ‘‘4531. Test and evaluation: use of facilities.’’. Defense (Comptroller) shall review the funding States Code, as added by subsection (a). (2)(A) Chapter 645 of title 10, United States policies of each military department to ensure Code, is amended by inserting after the table of SEC. 232. TRANSFER OF TESTING FUNDS FROM that the Secretary of the military department PROGRAM ACCOUNTS TO INFRA- sections at the beginning of such chapter the has in place the policies necessary to comply STRUCTURE ACCOUNTS. following new section: with the Secretary’s responsibilities under sec- (a) TRANSFER OF FUNDS.—Notwithstanding ‘‘§ 7521. Test and evaluation: use of facilities tion 4531, 7521, or 9531 of title 10, United States any other provision of this Act, amounts au- ‘‘(a) CHARGES FOR USE.—The Secretary of the Code (as added by this subsection), as the case thorized to be appropriated by this title for dem- Navy may charge an entity for using a facility may be. The Under Secretary shall consult with onstration and validation, engineering and or resource of the Navy within the Major Range the Director of Operational Test and Evaluation manufacturing development, and operational and Test Facility Base for testing. The amount in carrying out the review. systems development shall be transferred to the charged may not exceed the incremental cost to SEC. 233. INCREASED INVESTMENT IN TEST AND major test and evaluation investment programs the Navy of the use of the facility or resource by EVALUATION FACILITIES. of the military departments and to the Central that user for the testing. (a) AMOUNT.—Of the amount authorized to be Test and Evaluation Investment Program of the ‘‘(b) INSTITUTIONAL AND OVERHEAD COSTS.— appropriated under section 201(4), $251,276,000 Department of Defense, as follows: The institutional and overhead costs of a facil- shall be available for the Central Test and Eval- (1) For transfer to the major test and evalua- ity or resource of the Navy that is within the uation Investment Program of the Department tion investment program of the Army, the Major Range and Test Facility Base shall be of Defense. amount equal to 0.625 percent of the total paid out of the major test and evaluation invest- (b) ADDITIONAL AVAILABLE FUNDING.—In ad- amount authorized to be appropriated by this ment accounts of the Navy, the Central Test dition to the amount made available under sub- title for the Army for demonstration and valida- and Evaluation Investment Program of the De- section (a), amounts transferred pursuant to tion, engineering and manufacturing develop- partment of Defense, and other appropriate ap- section 232(a)(4) shall be available for the Cen- ment, and operational systems development. propriations made directly to the Navy. tral Test and Evaluation Investment Program of (2) For transfer to the major test and evalua- ‘‘(c) MAJOR RANGE AND TEST FACILITY BASE the Department of Defense. tion investment program of the Navy, the DEFINED.—In this section: SEC. 234. UNIFORM FINANCIAL MANAGEMENT amount equal to 0.625 percent of the total ‘‘(1) The term ‘Major Range and Test Facility SYSTEM FOR DEPARTMENT OF DE- amount authorized to be appropriated by this Base’ has the meaning given the term in section FENSE TEST AND EVALUATION FA- title for the Navy for demonstration and valida- 139(k)(4) of this title. CILITIES. tion, engineering and manufacturing develop- ‘‘(2) The term ‘institutional and overhead (a) REQUIREMENT FOR SYSTEM.—Not later ment, and operational systems development. costs’, with respect to a facility or resource than two years after the date of the enactment H5490 CONGRESSIONAL RECORD — HOUSE July 25, 2002 of this Act, the Secretary of Defense shall imple- deviations from requirements in test and evalua- and local governments to facilitate the training ment a single financial management and ac- tion master plans and other testing requirements of a future scientific and technical workforce counting system for all test and evaluation fa- that occurred during the fiscal year, any con- that will contribute significantly to the accom- cilities of the Department of Defense. cerns raised by the waivers or deviations, and plishment of organizational missions. (b) SYSTEM FEATURES.—The financial man- the actions that have been taken or are planned (C) To develop or expand innovative methods agement and accounting system shall be de- to be taken to address the concerns.’’. of establishing cooperative relationships and ar- signed to achieve, at a minimum, the following (b) REORGANIZATION OF PROVISION.—Sub- rangements with private sector organizations functional objectives: section (g) of such section, as amended by sub- and educational institutions to promote the es- (1) Enable managers within the Department of section (a), is further amended— tablishment of the technological industrial base Defense to compare the costs of conducting test (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; in areas critical for Department of Defense tech- and evaluation activities in the various facilities (2) by designating the second sentence as nological requirements. of the military departments. paragraph (2); (D) To waive any restrictions not required by (2) Enable the Secretary of Defense— (3) by designating the third sentence as para- law that apply to the demonstration and imple- (A) to make prudent investment decisions; and graph (3); mentation of methods for achieving the objec- (B) to reduce the extent to which unnecessary (4) by designating the matter consisting of the tives set forth in subparagraphs (A), (B), and costs of owning and operating Department of fourth and fifth sentences as paragraph (4); (C). Defense test and evaluation facilities are in- (5) by designating the sixth sentence as para- (3) The Secretary may carry out the pilot pro- curred. graph (5); and gram under this subsection at each selected lab- (3) Enable the Department of Defense to track (6) by realigning paragraphs (2), (3), (4), and oratory for a period of three years beginning not the total cost of test and evaluation activities. (5), as so designated, two ems from the left mar- later than March 1, 2003. (4) Comply with the financial management en- gin. (b) RELATIONSHIP TO FISCAL YEARS 1999 AND terprise architecture developed by the Secretary SEC. 237. REPORT ON IMPLEMENTATION OF DE- 2000 REVITALIZATION PILOT PROGRAMS.—The of Defense under section 1006. FENSE SCIENCE BOARD REC- pilot program under this section is in addition SEC. 235. TEST AND EVALUATION WORKFORCE OMMENDATIONS. to, but may be carried out in conjunction with, IMPROVEMENTS. (a) REQUIREMENT.—Not later than March 1, the fiscal years 1999 and 2000 revitalization pilot (a) REPORT ON CAPABILITIES.—Not later than 2003, the Secretary of Defense shall submit to programs. March 15, 2003, the Under Secretary of Defense the congressional defense committees a report on (c) REPORTS.—(1) Not later than January 1, for Acquisition, Technology, and Logistics shall the extent of the implementation of the rec- 2003, the Secretary shall submit to Congress a submit to Congress a report on the capabilities ommendations set forth in the December 2000 report on the experience under the fiscal years of the test and evaluation workforce of the De- Report of the Defense Science Board Task Force 1999 and 2000 revitalization pilot programs in partment of Defense. The Under Secretary shall on Test and Evaluation Capabilities. exercising the authorities provided for the ad- consult with the Under Secretary of Defense for (b) CONTENT.—The report shall include the ministration of those programs. The report shall Personnel and Readiness and the Director of following: include a description of— Operational Test and Evaluation in preparing (1) For each recommendation that is being im- (A) barriers to the exercise of the authorities the report. plemented or that the Secretary plans to that have been encountered; (B) the proposed solutions for overcoming the (b) REQUIREMENT FOR PLAN.—(1) The report implement— shall contain a plan for taking the actions nec- (A) a summary of all actions that have been barriers; and essary to ensure that the test and evaluation taken to implement the recommendation; and (C) the progress made in overcoming the bar- workforce of the Department of Defense is of (B) a schedule, with specific milestones, for riers. (2) Not later than September 1, 2003, the Sec- sufficient size and has the expertise necessary to completing the implementation of the rec- retary of Defense shall submit to Congress a re- timely and accurately identify issues of military ommendation. port on the implementation of the pilot program suitability and effectiveness of Department of (2) For each recommendation that the Sec- under subsection (a) and the fiscal years 1999 Defense systems through testing of the systems. retary does not plan to implement— and 2000 revitalization pilot programs. The re- (2) The plan shall set forth objectives for the (A) the reasons for the decision not to imple- port shall include, for each such pilot program, size, composition, and qualifications of the ment the recommendation; and the following: workforce, and shall specify the actions (includ- (B) a summary of any alternative actions the (A) Each laboratory selected for the pilot pro- ing recruitment, retention, and training) and Secretary plans to take to address the purposes gram. milestones for achieving the objectives. underlying the recommendation. (B) To the extent practicable, a description of (c) ADDITIONAL MATTERS.—The report shall (3) A summary of any additional actions the the innovative methods that are to be tested at also include the following matters: Secretary plans to take to address concerns raised in the December 2000 Report of the De- each laboratory. (1) An assessment of the changing size and de- (C) The criteria to be used for measuring the mographics of the test and evaluation work- fense Science Board Task Force on Test and Evaluation Capabilities about the state of the success of each method to be tested. force, including the impact of anticipated retire- (3) Not later than 90 days after the expiration ments among the most experienced personnel test and evaluation infrastructure of the De- partment of Defense. of the period for the participation of a labora- over the five-year period beginning with 2003, tory in a pilot program referred to in paragraph together with a discussion of the management Subtitle E—Other Matters (2), the Secretary of Defense shall submit to actions necessary to address the changes. SEC. 241. PILOT PROGRAMS FOR REVITALIZING Congress a final report on the participation of (2) An assessment of the anticipated work- DEPARTMENT OF DEFENSE LABORA- that laboratory in the pilot program. The report loads and responsibilities of the test and evalua- TORIES. shall include the following: tion workforce over the ten-year period begin- (a) ADDITIONAL PILOT PROGRAM.—(1) The (A) A description of the methods tested. ning with 2003, together with the number and Secretary of Defense may carry out a pilot pro- (B) The results of the testing. qualifications of military and civilian personnel gram to demonstrate improved efficiency in the (C) The lessons learned. necessary to carry out such workloads and re- performance of research, development, test, and (D) Any proposal for legislation that the Sec- sponsibilities. evaluation functions of the Department of De- retary recommends on the basis of the experi- (3) The Secretary’s specific plans for using the fense. ence at that laboratory under the pilot program. demonstration authority provided in section (2) Under the pilot program, the Secretary of (d) EXTENSION OF AUTHORITY FOR OTHER RE- 4308 of the National Defense Authorization Act Defense shall provide the director of one science VITALIZATION PILOT PROGRAMS.—(1) Section for Fiscal Year 1996 (Public Law 104–106; 10 and technology laboratory, and the director of 246(a)(4) of the Strom Thurmond National De- U.S.C. 1701 note) and other special personnel one test and evaluation laboratory, of each mili- fense Authorization Act for Fiscal Year 1999 management authorities of the Secretary to at- tary department with authority for the fol- (Public Law 105–261; 112 Stat. 1956; 10 U.S.C. tract and retain qualified personnel in the test lowing: 2358 note) is amended by striking ‘‘a period of and evaluation workforce. (A) To use innovative methods of personnel three years’’ and inserting ‘‘up to six years’’. (4) Any recommended legislation or additional management appropriate for ensuring that the (2) Section 245(a)(4) of the National Defense special authority that the Secretary considers selected laboratories can— Authorization Act for Fiscal Year 2000 (Public appropriate for facilitating the recruitment and (i) employ and retain a workforce appro- Law 106–65; 113 Stat. 553; 10 U.S.C. 2358 note) is retention of qualified personnel for the test and priately balanced between permanent and tem- amended by striking ‘‘a period of three years’’ evaluation workforce. porary personnel and among workers with ap- and inserting ‘‘up to five years’’. (5) Any other matters that are relevant to the propriate levels of skills and experience; and (e) PARTNERSHIPS UNDER PILOT PROGRAM.— capabilities of the test and evaluation work- (ii) effectively shape workforces to ensure that (1) The Secretary of Defense may authorize one force. the workforces have the necessary sets of skills or more laboratories and test centers partici- SEC. 236. COMPLIANCE WITH TESTING REQUIRE- and experience to fulfill their organizational pating in the pilot program under subsection (a) MENTS. missions. or in one of the fiscal years 1999 and 2000 revi- (a) ANNUAL OT&E REPORT.—Subsection (g) of (B) To develop or expand innovative methods talization pilot programs to enter into a cooper- section 139 of title 10, United States Code, is of entering into and expanding cooperative rela- ative arrangement (in this subsection referred to amended by inserting after the fourth sentence tionships and arrangements with private sector as a ‘‘public-private partnership’’) with entities the following: ‘‘The report for a fiscal year shall organizations, educational institutions (includ- in the private sector and institutions of higher also include an assessment of the waivers of and ing primary and secondary schools), and State education for the performance of work. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5491 (2) A competitive process shall be used for the ‘‘(B) obtain advice and other assistance from (2) The table of sections at the beginning of selection of entities outside the Government to the Technology Transition Council established such chapter is amended by inserting after the participate in a public-private partnership. under subsection (e). item relating to section 2395 the following new (3)(A) Not more than one public-private part- ‘‘(3) The Initiative Manager shall— item: nership may be established as a limited liability ‘‘(A) in consultation with the Technology ‘‘2359a. Technology Transition Initiative.’’. corporation. Transition Council established under subsection (b) AUTHORIZATION OF APPROPRIATIONS.—Of (B) An entity participating in a limited liabil- (e), identify promising technologies that have the amount authorized to be appropriated under ity corporation as a party to a public-private been demonstrated in science and technology section 201(4), $50,000,000 shall be available for partnership under the pilot program may con- programs of the Department of Defense; the Technology Transition Initiative under sec- ‘‘(B) develop a list of those technologies that tribute funds to the corporation, accept con- tion 2359a of title 10, United States Code (as have promising potential for transition into ac- tribution of funds for the corporation, and pro- added by subsection (a)), and for other tech- quisition programs of the Department of Defense vide materials, services, and use of facilities for nology transition activities of the Department of and transmit the list to the acquisition executive research, technology, and infrastructure of the Defense. of each military department and to Congress; corporation, if it is determined under regula- SEC. 243. ENCOURAGEMENT OF SMALL BUSI- tions prescribed by the Secretary of Defense that ‘‘(C) identify potential sponsors in the Depart- ment of Defense to undertake the transition of NESSES AND NONTRADITIONAL DE- doing so will improve the efficiency of the per- FENSE CONTRACTORS TO SUBMIT formance of research, test, and evaluation func- such technologies into production; PROPOSALS POTENTIALLY BENE- ‘‘(D) work with the science and technology tions of the Department of Defense. FICIAL FOR COMBATING TER- community and the acquisition community to (f) EXCEPTED SERVICE UNDER PILOT PRO- RORISM. develop memoranda of agreement, joint funding GRAM.—(1) To facilitate recruitment of experts (a) ESTABLISHMENT OF OUTREACH PROGRAM.— in science and engineering to improve the per- agreements, and other cooperative arrangements During the 3-year period beginning on the date formance of research, test, and evaluation func- to provide for the transition of the technologies of the enactment of this Act, the Secretary of tions of the Department of Defense, the Sec- into production; and Defense shall carry out a program of outreach ‘‘(E) provide funding support for selected retary of Defense may— to small businesses and nontraditional defense projects under subsection (d). (A) designate a total of not more than 30 sci- contractors for the purpose set forth in sub- ‘‘(d) JOINTLY FUNDED PROJECTS.—(1) The ac- entific, engineering, and technology positions at section (b). quisition executive of each military department (b) PURPOSE.—The purpose of the outreach the laboratories and test centers participating in shall select technology projects of the military the pilot program under subsection (a) or in any program is to provide a process for reviewing department to recommend for funding support and evaluating research activities of, and new of the fiscal years 1999 and 2000 revitalization under the Initiative and shall submit a list of pilot programs as positions in the excepted serv- technologies being developed by, small busi- the recommended projects, ranked in order of nesses and nontraditional defense contractors ice (as defined in section 2103(a) of title 5, priority, to the Initiative Manager. The projects United States Code); that have the potential for meeting a defense re- shall be selected, in a competitive process, on the quirement or technology development goal of the (B) appoint individuals to such positions; and basis of the highest potential benefits in areas of (C) fix the compensation of such individuals. Department of Defense that relates to the mis- interest identified by the Secretary of that mili- (2) The maximum rate of basic pay for a posi- sion of the Department of Defense to combat ter- tary department. rorism. tion in the excepted service pursuant to a des- ‘‘(2) The Initiative Manager, in consultation ignation made under paragraph (1) may not ex- (c) GOALS.—The goals of the outreach pro- with the Technology Transition Council estab- gram are as follows: ceed the maximum rate of basic pay authorized lished under subsection (e), shall select projects for senior-level positions under section 5376 of (1) To increase efforts within the Department for funding support from among the projects on of Defense to survey and identify technologies title 5, United States Code, notwithstanding any the lists submitted under paragraph (1). The provision of such title governing the rates of pay being developed outside the Department that Initiative Manager shall provide funds for each have the potential described in subsection (b). or classification of employees in the executive selected project. The total amount provided for branch. (2) To provide the Under Secretary of Defense a project shall be determined by agreement be- for Acquisition, Technology, and Logistics with (g) FISCAL YEARS 1999 AND 2000 REVITALIZA- tween the Initiative Manager and the acquisi- TION PILOT PROGRAMS DEFINED.—In this sec- a source of expert advice on new technologies tion executive of the military department con- for combating terrorism. tion, the term ‘‘fiscal years 1999 and 2000 revi- cerned, but shall not be less than the amount talization pilot programs’’ means the pilot pro- (3) To increase efforts to educate nontradi- equal to 50 percent of the total cost of the tional defense contractors on Department of De- grams authorized by— project. (1) section 246 of the Strom Thurmond Na- fense acquisition processes, including regula- ‘‘(3) The Initiative Manager shall not fund tions, procedures, funding opportunities, mili- tional Defense Authorization Act for Fiscal any one project under this subsection for more Year 1999 (Public Law 105–261; 112 Stat. 1955; 10 tary needs and requirements, and technology than 3 years. transfer so as to encourage such contractors to U.S.C. 2358 note); and ‘‘(4) The acquisition executive of the military submit proposals regarding research activities (2) section 245 of the National Defense Au- department shall manage each project selected and technologies described in subsection (b). thorization Act for Fiscal Year 2000 (Public Law under paragraph (2) that is undertaken by the (4) To increase efforts to provide timely re- 106–65; 113 Stat. 552; 10 U.S.C. 2358 note). military department. Memoranda of agreement, sponse by the Department of Defense to acquisi- SEC. 242. TECHNOLOGY TRANSITION INITIATIVE. joint funding agreements, and other cooperative tion proposals (including unsolicited proposals) (a) ESTABLISHMENT AND CONDUCT.—(1) Chap- arrangements between the science and tech- submitted to the Department by small businesses ter 139 of title 10, United States Code, is amend- nology community and the acquisition commu- and by nontraditional defense contractors re- ed by inserting after section 2359 the following nity shall be used in carrying out the project if garding research activities and technologies de- new section: the acquisition executive determines that it is scribed in subsection (b), including through the appropriate to do so to achieve the objectives of ‘‘§ 2359a. Technology Transition Initiative use of electronic transactions to facilitate the the project. ‘‘(a) REQUIREMENT FOR PROGRAM.—The Sec- processing of proposals. ‘‘(e) TECHNOLOGY TRANSITION COUNCIL.—(1) retary of Defense shall carry out a Technology (d) REVIEW PANEL.—(1) The Secretary shall There is a Technology Transition Council in the Transition Initiative to facilitate the rapid tran- appoint, under the outreach program, a panel Department of Defense. The Council is com- sition of new technologies from science and for the review and evaluation of proposals de- posed of the following members: technology programs of the Department of De- ‘‘(A) The science and technology executives of scribed in subsection (c)(4). fense into acquisition programs for the produc- (2) The panel shall be composed of qualified the military departments and Defense Agencies. tion of the technologies. ‘‘(B) The acquisition executives of the military personnel from the military departments, rel- ‘‘(b) OBJECTIVES.—The objectives of the Initia- departments. evant Defense Agencies, industry, academia, tive are as follows: ‘‘(C) The members of the Joint Requirements and other private sector organizations. ‘‘(1) To accelerate the introduction of new Oversight Council. (3) The panel shall review and evaluate pro- technologies into Department of Defense acqui- ‘‘(2) The Technology Transition Council shall posals that, as determined by the panel, may sition programs appropriate for the tech- provide advice and assistance to the Initiative present a unique and valuable approach for nologies. Manager under this section. meeting a defense requirement or technology de- ‘‘(2) To successfully demonstrate new tech- ‘‘(f) DEFINITIONS.—In this section: velopment goal related to combating terrorism. nologies in relevant environments. ‘‘(1) The term ‘acquisition executive’, with re- In carrying out duties under this paragraph, ‘‘(3) To ensure that new technologies are suf- spect to a military department, means the offi- the panel may act through representatives des- ficiently mature for production. cial designated as the senior procurement execu- ignated by the panel. ‘‘(c) MANAGEMENT.—(1) The Secretary of De- tive for that military department under section (4) The panel shall— fense shall designate a senior official in the Of- 16(3) of the Office of Federal Procurement Pol- (A) within 60 days after receiving such a pro- fice of the Secretary of Defense to manage the icy Act (41 U.S.C. 414(3)). posal, transmit to the source of the proposal a Initiative. ‘‘(2) The term ‘Initiative’ means the Tech- notification regarding whether the proposal has ‘‘(2) In administering the Initiative, the Ini- nology Transition Initiative carried out under been selected for review by the panel; tiative Manager shall— this section. (B) to the maximum extent practicable, com- ‘‘(A) report directly to the Under Secretary of ‘‘(3) The term ‘Initiative Manager’ means the plete the review of each selected proposal within Defense for Acquisition, Technology, and Logis- official designated to manage the Initiative 120 days after the proposal is selected for review tics; and under subsection (c).’’. by the panel; and H5492 CONGRESSIONAL RECORD — HOUSE July 25, 2002 (C) after completing the review, transmit an $10,000,000 shall be available for the program re- (2) by adding at the end the following new evaluation of the proposal to the source of the quired by this section. paragraph: proposal. SEC. 245. DEFENSE NANOTECHNOLOGY RE- ‘‘(3) Any other activities that are determined (5) The Secretary shall ensure that the panel, SEARCH AND DEVELOPMENT PRO- necessary to further the achievement of the ob- in reviewing and evaluating proposals under GRAM. jectives of the program.’’. this subsection, has the authority to obtain as- (a) ESTABLISHMENT.—The Secretary of De- (b) COORDINATION.—Subsection (e) of such sistance, to a reasonable extent, from the appro- fense shall carry out a defense nanotechnology section is amended by adding at the end the fol- priate technical resources of the laboratories, re- research and development program. lowing: search, development, and engineering centers, (b) PURPOSES.—The purposes of the program ‘‘(4) The Secretary shall contract with the Na- test and evaluation activities, and other ele- are as follows: tional Research Council to assess the effective- (1) To ensure United States global superiority ments of the Department of Defense. ness of the Defense Experimental Program to in nanotechnology necessary for meeting na- (6) If, after completing the review of a pro- Stimulate Competitive Research in achieving the tional security requirements. program objectives set forth in subsection (b). posal, the panel determines that the proposal (2) To coordinate all nanoscale research and The assessment provided to the Secretary shall represents a unique and valuable approach to development within the Department of Defense, include the following: meeting a defense requirement or technology de- and to provide for interagency cooperation and ‘‘(A) An assessment of the eligibility require- velopment goal related to combating terrorism, collaboration on nanoscale research and devel- ments of the program and the relationship of the panel shall submit that determination to the opment between the Department of Defense and Under Secretary of Defense for Acquisition, other departments and agencies of the United such requirements to the overall research base Technology, and Logistics together with any States that are involved in nanoscale research in the States, the stability of research initiatives recommendations that the panel considers ap- and development. in the States, and the achievement of the pro- propriate regarding the proposal. (3) To develop and manage a portfolio of fun- gram objectives, together with any recommenda- (7) The Secretary of Defense shall ensure that damental and applied nanoscience and engi- tions for modification of the eligibility require- there is no conflict of interest on the part of a neering research initiatives that is stable, con- ments. member of the panel with respect to the review sistent, and balanced across scientific dis- ‘‘(B) An assessment of the program structure and evaluation of a proposal by the panel. ciplines. and the effects of that structure on the develop- (e) DEFINITIONS.—In this section: (4) To accelerate the transition and deploy- ment of a variety of research activities in the (1) The term ‘‘nontraditional defense con- ment of technologies and concepts derived from States and the personnel available to carry out tractor’’ means an entity that has not, for at nanoscale research and development into the such activities, together with any recommenda- least one year prior to the date of the enactment Armed Forces, and to establish policies, proce- tions for modification of program structure, of this Act, entered into, or performed with re- dures, and standards for measuring the success funding levels, and funding strategy. spect to, any contract described in paragraph of such efforts. ‘‘(C) An assessment of the past and ongoing (1) or (2) of section 845(e) of the National De- (5) To collect, synthesize, and disseminate activities of the State planning committees in fense Authorization Act for Fiscal Year 1994 (10 critical information on nanoscale research and supporting the achievement of the program ob- U.S.C. 2371 note). development. jectives. (2) The term ‘‘small business’’ means a busi- (c) ADMINISTRATION.—In carrying out the pro- ‘‘(D) An assessment of the effects of the var- ness concern that meets the applicable size gram, the Secretary shall act through the Direc- ious eligibility requirements of the various Fed- standards prescribed pursuant to section 3(a) of tor of Defense Research and Engineering, who eral programs to stimulate competitive research the Small Business Act (15 U.S.C. 632(a)). shall supervise the planning, management, and on the ability of States to develop niche research SEC. 244. VEHICLE FUEL CELL PROGRAM. coordination of the program. The Director, in areas of expertise, exploit opportunities for de- consultation with the Secretaries of the military veloping interdisciplinary research initiatives, (a) PROGRAM.—The Secretary of Defense shall departments and the heads of participating De- carry out a vehicle fuel cell technology develop- and achieve program objectives.’’. fense Agencies and other departments and agen- ment program in cooperation with the Secretary SEC. 247. FOUR-YEAR EXTENSION OF AUTHORITY cies of the United States, shall— of Energy, the heads of other Federal agencies OF DARPA TO AWARD PRIZES FOR (1) prescribe a set of long-term challenges and ADVANCED TECHNOLOGY ACHIEVE- appropriate for participation in the program, a set of specific technical goals for the program; MENTS. and industry. (2) develop a coordinated and integrated re- (a) EXTENSION.—Section 2374a(f) of title 10, (b) GOALS AND OBJECTIVES.—The goals and search and investment plan for meeting the United States Code, is amended by striking objectives of the program shall be as follows: long-term challenges and achieving the specific ‘‘September 30, 2003’’ and inserting ‘‘September (1) To identify and support technological ad- technical goals; and 30, 2007’’. vances that are necessary for the development of (3) develop memoranda of agreement, joint (b) REPORT ON ADMINISTRATION OF PRO- fuel cell technology for use in vehicles of types funding agreements, and other cooperative ar- GRAM.—(1) Not later than December 31, 2002, the to be used by the Department of Defense. rangements necessary for meeting the long-term Director of the Defense Advanced Research (2) To ensure that critical technology ad- challenges and achieving the specific technical Projects Agency shall submit to the congres- vances are shared among the various fuel cell goals. sional defense committees a report on the pro- technology programs within the Federal Govern- (d) ANNUAL REPORT.—Not later than March 1 posal of the Director for the administration of ment. of each of 2004, 2005, 2006, and 2007, the Director the program to award prizes for advanced tech- (3) To ensure maximum leverage of Federal of Defense Research and Engineering shall sub- nology achievements under section 2374a of title Government funding for fuel cell technology de- mit to the congressional defense committees a re- 10, United States Code. velopment. port on the program. The report shall contain (2) The report shall include the following: (c) CONTENT OF PROGRAM.—The program shall the following matters: (A) A description of the proposed goals of the include— (1) A review of— competition under the program, including the (1) development of vehicle propulsion tech- (A) the long-term challenges and specific goals technology areas to be promoted by the competi- nologies and fuel cell auxiliary power units, to- of the program; and tion and the relationship of such area to mili- (B) the progress made toward meeting the gether with pilot demonstrations of such tech- tary missions of the Department of Defense. nologies, as appropriate; and challenges and achieving the goals. (2) An assessment of current and proposed (B) The proposed rules of the competition (2) development of technologies necessary to under the program and a description of the pro- address critical issues such as hydrogen storage funding levels, including the adequacy of such funding levels to support program activities. posed management of the competition. and the need for a hydrogen fuel infrastructure. (C) A description of the manner in which (d) COOPERATION WITH INDUSTRY.—(1) The (3) A review of the coordination of activities within the Department of Defense and with funds for cash prizes under the program will be Secretary shall include the automobile and allocated within the accounts of the Agency if a truck manufacturing industry and its systems other departments and agencies. (4) An assessment of the extent to which effec- prize is awarded and claimed. and component suppliers in the cooperative in- tive technology transition paths have been es- (D) A statement of the reasons why the com- volvement of industry in the program. tablished as a result of activities under the pro- petition is a preferable means of promoting (2) The Secretary of Defense shall consider gram. basic, advanced, and applied research, tech- whether, in order to facilitate the cooperation of (5) Recommendations for additional program nology development, or prototype projects than industry in the program, the Secretary and one activities to meet emerging national security re- other means of promotion of such activities, in- or more companies in industry should enter into quirements. cluding contracts, grants, cooperative agree- a cooperative agreement that establishes an en- SEC. 246. ACTIVITIES AND ASSESSMENT OF THE ments, and other transactions. tity to carry out activities required under sub- DEFENSE EXPERIMENTAL PROGRAM section (c). An entity established by any such TITLE III—OPERATION AND TO STIMULATE COMPETITIVE RE- MAINTENANCE agreement shall be known as a defense industry SEARCH. fuel cell partnership. (a) AUTHORIZED ACTIVITIES.—Subsection (c) Subtitle A—Authorization of Appropriations (3) The Secretary of Defense shall provide for of section 257 of the National Defense Author- SEC. 301. OPERATION AND MAINTENANCE FUND- industry to bear, in cash or in kind, at least ization Act for Fiscal Year 1995 (Public Law ING. one-half of the total cost of carrying out the 103–337; 10 U.S.C. 2358 note), is amended— (a) AUTHORIZATION OF APPROPRIATIONS.— program. (1) in paragraph (1), by striking ‘‘research Funds are hereby authorized to be appropriated (e) AMOUNT FOR PROGRAM.—Of the amount grants’’ and inserting ‘‘grants for research and for fiscal year 2003 for the use of the Armed authorized to be appropriated by section 201(4), instrumentation to support such research’’; and Forces and other activities and agencies of the July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5493 Department of Defense for expenses, not other- available to the Secretary of Defense and the determines that the project is necessary to carry wise provided for, for operation and mainte- Secretaries of the military departments to pur- out a response under this chapter or CERCLA. nance, in amounts as follows: chase restrictive easements, including easements ‘‘(b) Any construction, development, conver- (1) For the Army, $24,180,742,000. that implement agreements entered into under sion, or extension of a structure or installation (2) For the Navy, $29,368,961,000. section 2697 of title 10, United States Code, as of equipment that is included in an environ- (3) For the Marine Corps, $3,558,732,000. added by section 2811 of this Act. mental restoration project may not be considered (4) For the Air Force, $27,445,764,000. (c) TRANSFER OF AMOUNTS.—(1) Amounts in military construction (as that term is defined in (5) For Defense-wide activities, $14,492,266,000. the Range Enhancement Initiative Fund shall, section 2801(a) of this title). (6) For the Army Reserve, $1,962,610,000. subject to applicable limitations in appropria- ‘‘(c) Funds authorized for deposit in an ac- (7) For the Naval Reserve, $1,233,759,000. tions Acts, be made available to the Secretary of count established by section 2703(a) of this title (8) For the Marine Corps Reserve, a military department under subsection (b) by shall be the only source of funds to conduct an $190,532,000. transfer from the Fund to the applicable oper- environmental restoration project under this (9) For the Air Force Reserve, $2,165,004,000. ation and maintenance account of the military section. (10) For the Army National Guard, department, including the operation and main- ‘‘(d) In this section, the term ‘environmental $4,506,267,000. tenance account for the active component, or for restoration project’ includes construction, devel- (11) For the Air National Guard, a reserve component, of the military department. opment, conversion, or extension of a structure $4,114,910,000. (2) Authority to transfer amounts under para- or installation of equipment in direct support of (12) For the Defense Inspector General, graph (1) is in addition to any other authority a response.’’. $155,165,000. to transfer funds under this Act. (2) The table of sections at the beginning of (13) For the United States Court of Appeals SEC. 305. NAVY PILOT HUMAN RESOURCES CALL that chapter is amended by adding at the end for the Armed Forces, $9,614,000. CENTER, CUTLER, MAINE. the following new item: (14) For Environmental Restoration, Army, Of the amount authorized to be appropriated ‘‘2711. Environmental restoration projects for $395,900,000. by section 301(a)(2) for operation and mainte- environmental responses.’’. (15) For Environmental Restoration, Navy, nance for the Navy, $1,500,000 may be available (b) REPEAL OF SUPERSEDED PROVISION.—(1) $256,948,000. for the Navy Pilot Human Resources Call Cen- Section 2810 of title 10, United States Code, is re- (16) For Environmental Restoration, Air ter, Cutler, Maine. pealed. Force, $389,773,000. SEC. 306. NATIONAL ARMY MUSEUM, FORT (2) The table of sections at the beginning of (17) For Environmental Restoration, Defense- BELVOIR, VIRGINIA. chapter 169 of that title is amended by striking wide, $23,498,000. (a) ACTIVATION EFFORTS.—The Secretary of the item relating to section 2810. (18) For Environmental Restoration, Formerly the Army may carry out efforts to facilitate the SEC. 313. INCREASED PROCUREMENT OF ENVI- Used Defense Sites, $252,102,000. commencement of development for the National (19) For Overseas Humanitarian, Disaster, RONMENTALLY PREFERABLE PROD- Army Museum at Fort Belvoir, Virginia. UCTS. and Civic Aid programs, $58,400,000. (b) FUNDING.—(1) The amount authorized to (a) PROCUREMENT GOALS.—(1) The Secretary (20) For Drug Interdiction and Counter-drug be appropriated by section 301(a)(1) for oper- of Defense shall establish goals for the increased Activities, Defense-wide, $873,907,000. ation and maintenance for the Army is hereby procurement by the Department of Defense of (21) For the Kaho’olawe Island Conveyance, increased by $100,000. procurement items that are environmentally Remediation, and Environmental Restoration (2) Of the amount authorized to be appro- preferable or are made with recovered materials. Trust Fund, $25,000,000. priated by section 301(a)(1) for operation and (2) The goals established under paragraph (1) (22) For Defense Health Program, maintenance for the Army, as increased by shall be consistent with the requirements of sec- $14,202,441,000. paragraph (1), $100,000 shall be available to tion 6002 of the Solid Waste Disposal Act (42 (23) For Cooperative Threat Reduction pro- carry out the efforts authorized by subsection U.S.C. 6962). grams, $416,700,000. (a). (3) In establishing goals under paragraph (1), (24) For Overseas Contingency Operations (c) OFFSET.—The amount authorized to be ap- the Secretary shall review the Comprehensive Transfer Fund, $50,000,000. propriated by section 201(1) for research, devel- Procurement Guidelines and Guidance on Ac- (25) For Support for International Sporting opment, test, and evaluation for the Army is quisition of Environmentally Preferable Prod- Competitions, Defense, $19,000,000. hereby reduced by $100,000. ucts and Services developed pursuant to Execu- (b) ADJUSTMENT.—The total amount author- SEC. 307. DISPOSAL OF OBSOLETE VESSELS OF tive Order 13101 and products identified as envi- ized to be appropriated pursuant to subsection THE NATIONAL DEFENSE RESERVE (a) is reduced by— ronmentally preferable in the Federal Logistics FLEET. Information System. (1) $159,790,000, which represents savings re- Of the amount authorized to be appropriated sulting from reduced travel; and (4) In establishing goals under paragraph (1), by section 301(a)(2) for operation and mainte- the Secretary shall establish a procurement goal (2) $615,200,000, which represents savings re- nance for the Navy, $20,000,000 may be avail- sulting from foreign currency fluctuations. for each category of procurement items that is able, without fiscal year limitation if so pro- environmentally preferable or is made with re- SEC. 302. WORKING CAPITAL FUNDS. vided in appropriations Acts, for expenses re- covered materials. Funds are hereby authorized to be appro- lated to the disposal of obsolete vessels in the (5) The goals established under paragraph (1) priated for fiscal year 2003 for the use of the Maritime Administration National Defense Re- shall apply to Department purchases in each Armed Forces and other activities and agencies serve Fleet. category of procurement items designated by the of the Department of Defense for providing cap- Subtitle B—Environmental Provisions Secretary for purposes of paragraph (4), but ital for working capital and revolving funds in SEC. 311. ENHANCEMENT OF AUTHORITY ON CO- shall not apply to— amounts as follows: OPERATIVE AGREEMENTS FOR ENVI- (A) products or services purchased by Depart- (1) For the Defense Working Capital Funds, RONMENTAL PURPOSES. ment contractors and subcontractors, even if $387,156,000. Section 2701(d) of title 10, United States Code, such products or services are incorporated into (2) For the National Defense Sealift Fund, is amended— procurement items purchased by the Depart- $934,129,000. (1) by redesignating paragraphs (2) and (3) as ment; or (3) For the Defense Commissary Agency Work- paragraphs (3) and (4), respectively; and (B) credit card purchases or other local pur- ing Capital Fund, $969,200,000. (2) by inserting after paragraph (1) the fol- chases that are made outside the requisitioning (4) For the Pentagon Reservation Mainte- lowing new paragraph (2): process of the Department. nance Revolving Fund, $328,000,000. ‘‘(2) CROSS-FISCAL YEAR AGREEMENTS.—An (b) ASSESSMENT OF TRAINING AND EDU- SEC. 303. ARMED FORCES RETIREMENT HOME. agreement with an agency under paragraph (1) CATION.—The Secretary shall assess the need to There is hereby authorized to be appropriated may be for a period that begins in one fiscal establish a program, or enhance existing pro- for fiscal year 2003 from the Armed Forces Re- year and ends in another fiscal year if (without grams, for training and educating Department tirement Home Trust Fund the sum of regard to any option to extend the period of the of Defense procurement officials and contractors $69,921,000 for the operation of the Armed agreement) the period of the agreement does not to ensure that they are aware of Department re- Forces Retirement Home, including the Armed exceed two years.’’. quirements, preferences, and goals for the pro- Forces Retirement Home—Washington and the SEC. 312. MODIFICATION OF AUTHORITY TO curement of items that are environmentally pref- Armed Forces Retirement Home—Gulfport. CARRY OUT CONSTRUCTION erable or are made with recovered materials. PROJECTS FOR ENVIRONMENTAL SEC. 304. RANGE ENHANCEMENT INITIATIVE (c) TRACKING SYSTEM.—The Secretary shall RESPONSES. FUND. develop a tracking system to identify the extent (a) RESTATEMENT AND MODIFICATION OF AU- (a) AVAILABILITY OF FUNDS.—Of the amount to which the Department of Defense is pro- THORITY.—(1) Chapter 160 of title 10, United authorized to be appropriated by section curing items that are environmentally preferable States Code, is amended by adding at the end 301(a)(5) for operation and maintenance for de- or are made with recovered materials. The the following new section: fense-wide activities, $20,000,000 shall be avail- tracking system shall separately track procure- able for the Range Enhancement Initiative ‘‘§ 2711. Environmental restoration projects ment of each category of procurement items for Fund for the purpose specified in subsection (b). for environmental responses which a goal has been established under sub- (b) PURPOSE.—Subject to subsection (c), ‘‘(a) The Secretary of Defense or the Secretary section (a)(4). amounts authorized to be appropriated for the of a military department may carry out an envi- (d) INITIAL REPORT.—Not later than 120 days Range Enhancement Initiative Fund shall be ronmental restoration project if that Secretary after the date of the enactment of this Act, the H5494 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Secretary shall submit to the congressional de- standing Between the United States Department Subtitle D—Other Matters fense committees a report that sets forth— of the Navy and the State of Hawaii Concerning SEC. 341. USE OF HUMANITARIAN AND CIVIC AS- (1) the initial goals the Secretary plans to es- the Island of Kaho’olawe, Hawaii. SISTANCE FUNDS FOR RESERVE tablish under subsection (a); and COMPONENT MEMBERS OF SPECIAL (2) the findings of the Secretary as a result of Subtitle C—Defense Dependents’ Education OPERATIONS COMMAND ENGAGED IN ACTIVITIES RELATING TO CLEAR- the assessment under subsection (b), together SEC. 331. ASSISTANCE TO LOCAL EDUCATIONAL ANCE OF LANDMINES. with any recommendations of the Secretary as a AGENCIES THAT BENEFIT DEPEND- result of the assessment. ENTS OF MEMBERS OF THE ARMED Section 401(c) of title 10, United States Code, (e) IMPLEMENTATION.—Not later than 180 days FORCES AND DEPARTMENT OF DE- is amended by adding at the end the following after the date of the enactment of this Act, the FENSE CIVILIAN EMPLOYEES. new paragraph (5): ‘‘(5) Up to 10 percent of the amount available Secretary shall— (a) CONTINUATION OF DEPARTMENT OF DE- for a fiscal year for activities described in sub- (1) establish an initial set of goals in accord- FENSE PROGRAM FOR FISCAL YEAR 2003.—Of the section (e)(5) may be expended for the pay and ance subsection (a); amount authorized to be appropriated pursuant allowances of reserve component members of the (2) begin the implementation of any rec- to section 301(a)(5) for operation and mainte- Special Operations Command performing duty ommendations of the Secretary under subsection nance for Defense-wide activities, $30,000,000 in connection with training and activities re- (d)(2) as a result of the assessment under sub- shall be available only for the purpose of pro- lated to the clearing of landmines for humani- section (b); and viding educational agencies assistance to local tarian purposes.’’. (3) implement the tracking system required by educational agencies. subsection (c). SEC. 342. CALCULATION OF FIVE-YEAR PERIOD OF (b) NOTIFICATION.—Not later than June 30, (f) ANNUAL REPORT.—Not later than March 1 LIMITATION FOR NAVY-MARINE 2003, the Secretary of Defense shall notify each of each year from 2004 through 2007, the Sec- CORPS INTRANET CONTRACT. local educational agency that is eligible for as- retary shall submit to Congress a report on the (a) COMMENCEMENT OF PERIOD.—The five- sistance or a payment under subsection (a) for progress made in the implementation of this sec- year period of limitation that is applicable to fiscal year 2003 of— tion. Each report shall— the multiyear Navy-Marine Corps Intranet con- (1) identify each category of procurement (1) that agency’s eligibility for the assistance tract under section 2306c of title 10, United items for which a goal has been established or payment; and States Code, shall be deemed to have begun on under subsection (a) as of the end of such year; (2) the amount of the assistance or payment the date on which the Under Secretary of De- and for which that agency is eligible. fense for Acquisition, Technology, and Logistics (2) provide information from the tracking sys- and the Chief Information Officer of the De- (c) DISBURSEMENT OF FUNDS.—The Secretary tem required by subsection (b) that indicates the partment of Defense approved the ordering of of Defense shall disburse funds made available additional workstations under such contract in extent to which the Department has met the under subsection (a) not later than 30 days after goal for the category of procurement items as of accordance with subsection (c) of section 814 of the date on which notification to the eligible the Floyd D. Spence National Defense Author- the end of such year. local educational agencies is provided pursuant (g) DEFINITIONS.—In this section: ization Act for Fiscal Year 2001, as added by to subsection (b). (1) ENVIRONMENTALLY PREFERABLE.—The term section 362(a) of the National Defense Author- ‘‘environmentally preferable’’, in the case of a (d) DEFINITIONS.—In this section: ization Act for Fiscal Year 2002 (Public Law procurement item, means that the item has a (1) The term ‘‘educational agencies assist- 107–107; 115 Stat. 1065). lesser or reduced effect on human health and ance’’ means assistance authorized under sec- (b) DEFINITION.—In this section, the term the environment when compared with competing tion 386(b) of the National Defense Authoriza- ‘‘Navy-Marine Corps Intranet contract’’ has the procurement items that serve the same purpose. tion Act for Fiscal Year 1993 (Public Law 102– meaning given such term in section 814(i)(1) of The comparison may be based upon consider- 484; 20 U.S.C. 7703 note). the Floyd D. Spence National Defense Author- ization Act for Fiscal Year 2001 (as amended by ation of raw materials acquisition, production, (2) The term ‘‘local educational agency’’ has manufacturing, packaging, distribution, reuse, section 362(c) of Public Law 107–107 (115 Stat. the meaning given that term in section 8013(9) of 1067)). operation, maintenance, or disposal of the pro- the Elementary and Secondary Education Act of SEC. 343. REIMBURSEMENT FOR RESERVE COM- curement item, or other appropriate matters. 1965 (20 U.S.C. 7713(9)). (2) PROCUREMENT ITEM.—The term ‘‘procure- PONENT INTELLIGENCE SUPPORT. ment item’’ has the meaning given that term in SEC. 332. IMPACT AID FOR CHILDREN WITH SE- (a) SOURCE OF FUNDS.—Chapter 1003 of title section 1004(16) of the Solid Waste Disposal Act VERE DISABILITIES. 10, United States Code, is amended by adding at (40 U.S.C. 6903(16)). Of the amount authorized to be appropriated the end the following new section: (3) RECOVERED MATERIALS.—The term ‘‘recov- pursuant to section 301(a)(5) for operation and ‘‘§ 10115. Reimbursement for reserve compo- ered materials’’ means waste materials and by- maintenance for Defense-wide activities, nent intelligence support products that have been recovered or diverted $5,000,000 shall be available for payments under ‘‘(a) AUTHORITY.—Funds appropriated or oth- from solid waste, but does not include materials section 363 of the Floyd D. Spence National De- erwise made available to a military department, and by-products generated from, and commonly fense Authorization Act for Fiscal Year 2001 (as Defense Agency, or combatant command for op- used within, an original manufacturing process. enacted into law by Public Law 106–398; 114 eration and maintenance shall be available for SEC. 314. CLEANUP OF UNEXPLODED ORDNANCE Stat. 1654A–77; 20 U.S.C. 7703a). the pay, allowances, and other costs that would ON KAHO’OLAWE ISLAND, HAWAII. SEC. 333. OPTIONS FOR FUNDING DEPENDENT be charged to appropriations for a reserve com- (a) LEVEL OF CLEANUP REQUIRED.—The Sec- SUMMER SCHOOL PROGRAMS. ponent for the performance of duties by members retary of the Navy shall continue activities for of that reserve component in providing intel- the clearance and removal of unexploded ord- Section 1402(d)(2) of the Defense Dependents’ ligence or counterintelligence support to— nance on the Island of Kaho’olawe, Hawaii, Education Act of 1978 (20 U.S.C. 921(d)(2)) is ‘‘(1) such military department, Defense Agen- and related remediation activities, until the amended to read as follows: cy, or combatant command; or later of the following dates: ‘‘(2) The Secretary shall provide any summer ‘‘(2) a joint intelligence activity, including (1) The date on which the Kaho’olawe Island school program under this subsection on the any such activity for which funds are author- access control period expires. same financial basis as programs offered during ized to be appropriated within the National For- (2) The date on which the Secretary achieves the regular school year, except that the Sec- eign Intelligence Program, the Joint Military In- each of the following objectives: retary may charge reasonable fees for all or por- telligence Program, or the Tactical Intelligence (A) The inspection and assessment of all of tions of such summer school programs to the ex- and Related Activities aggregate (or any suc- Kaho’olawe Island in accordance with current tent that the Secretary determines appro- cessor to such program or aggregate). procedures. priate.’’. ‘‘(b) CONSTRUCTION OF PROVISION.—Nothing (B) The clearance of 75 percent of Kaho’olawe in this section shall be construed to authorize SEC. 334. COMPTROLLER GENERAL STUDY OF Island to the degree specified in the Tier One ADEQUACY OF COMPENSATION PRO- deviation from established reserve component standards in the memorandum of under- VIDED FOR TEACHERS IN THE DE- personnel or training procedures.’’. standing. PARTMENT OF DEFENSE OVERSEAS (b) CLERICAL AMENDMENT.—The table of sec- (C) The clearance of 25 percent of Kaho’olawe DEPENDENTS’ SCHOOLS. tions at the beginning of such chapter is amend- ed by adding at the end the following new item: Island to the degree specified in the Tier Two (a) ADDITIONAL CONSIDERATION FOR STUDY.— standards in the memorandum of under- Subsection (b) of section 354 of the National De- ‘‘10115. Reimbursement for reserve component standing. fense Authorization Act for Fiscal Year 2002 intelligence support.’’. (b) DEFINITIONS.—In this section: (Public Law 107–107; 115 Stat. 1064) is amended SEC. 344. REBATE AGREEMENTS UNDER THE SPE- (1) The term ‘‘Kaho’olawe Island access con- by inserting after paragraph (2) the following CIAL SUPPLEMENTAL FOOD PRO- trol period’’ means the period for which the Sec- new paragraph: GRAM. retary of the Navy is authorized to retain the (a) APPLICABILITY TO NAVY EXCHANGE MAR- control of access to the Island of Kaho’olawe, ‘‘(3) Whether the process for setting teacher KETS.—Paragraph (1)(A) of section 1060a(e) of Hawaii, under title X of the Department of De- compensation is efficient and cost effective.’’. title 10, United States Code, is amended by in- fense Appropriations Act, 1994 (Public Law 103– (b) EXTENSION OF TIME FOR REPORTING.—Sub- serting ‘‘or Navy Exchange Markets’’ after 139; 107 Stat. 1480). section (c) of such section is amended by strik- ‘‘commissary stores’’. (2) The term ‘‘memorandum of under- ing ‘‘May 1, 2002’’ and inserting ‘‘December 12, (b) INCREASED MAXIMUM PERIOD OF AGREE- standing’’ means the Memorandum of Under- 2002’’. MENT.—Paragraph (3) of such section 1060a(e) is July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5495 amended by striking ‘‘subsection may not exceed provided to the contractor by the Department of (1) Clear interoperability and compatibility re- one year’’ in the first sentence and inserting Defense under this section but not paid for out quirements for procuring, certifying, installing, ‘‘subsection, including any period of extension of funds available to the Department of Defense. and connecting telecom switches to the Defense of the contract by modification of the contract, (5) With respect to a contract described in sub- Switch Network. exercise of an option, or other cause, may not section (a) that is being performed for a depart- (2) Current, complete, and enforceable testing, exceed three years’’. ment or agency outside the Department of De- validation, and certification procedures needed SEC. 345. LOGISTICS SUPPORT AND SERVICES fense, a prohibition, in accordance with appli- to ensure the interoperability and compatibility FOR WEAPON SYSTEMS CONTRAC- cable contracting procedures, on the imposition requirements are satisfied. TORS. of any charge on that department or agency for (c) EXCEPTIONS.—(1) The Secretary of Defense (a) AUTHORITY.—The Secretary of Defense any effort of Department of Defense personnel may specify certain circumstances in which— may make available, in accordance with this or the contractor to correct deficiencies in the (A) the requirements for testing, validation, section and the regulations prescribed under performance of such contract. and certification of telecom switches may be subsection (e), logistics support and logistics (6) A prohibition on the imposition of any waived; or services to a contractor in support of the per- charge on a contractor for any effort of the con- (B) interim authority for the installation and formance by the contractor of a contract for the tractor to correct a deficiency in the perform- connection of telecom switches to the Defense construction, modification, or maintenance of a ance of logistics support and logistics services Switch Network may be granted. weapon system that is entered into by an offi- provided to the contractor under this section. (2) Only the Assistant Secretary of Defense for cial of the Department of Defense. (f) RELATIONSHIP TO TREATY OBLIGATIONS.— Command, Control, Communications, and Intel- (b) SUPPORT CONTRACTS.—Any logistics sup- The Secretary shall ensure that the exercise of ligence, after consultation with the Chairman of port and logistics services that is to be provided authority under this section does not conflict the Joint Chiefs of Staff, may approve a waiver under this section to a contractor in support of with any obligation of the United States under or grant of interim authority under paragraph the performance of a contract shall be provided any treaty or other international agreement. (1). (g) TERMINATION OF AUTHORITY.—(1) The au- under a separate contract that is entered into by (d) INVENTORY OF DEFENSE SWITCH NET- thority provided in this section shall expire on the Director of the Defense Logistics Agency WORK.—The Secretary of Defense shall prepare September 30, 2007, subject to paragraph (2). and maintain an inventory of all telecom with that contractor. (2) The expiration of the authority under this (c) SCOPE OF SUPPORT AND SERVICES.—The lo- switches that, as of the date on which the Sec- section does not terminate— gistics support and logistics services that may be retary issues the policy and procedures— (A) any contract that was entered into by the (1) are installed or connected to the Defense provided under this section in support of the Director of the Defense Logistics Agency under performance of a contract described in sub- Switch Network; but subsection (b) before the expiration of the au- (2) have not been tested, validated, and cer- section (a) are the distribution, disposal, and thority or any obligation to provide logistics tified by the Defense Information Systems Agen- cataloging of materiel and repair parts nec- support and logistics services under that con- cy (Joint Interoperability Test Center). essary for the performance of that contract. tract; or (e) INTEROPERABILITY RISKS.—(1) The Sec- (d) LIMITATIONS.—(1) The number of contracts (B) any authority— retary of Defense shall, on an ongoing basis— described in subsection (a) for which the Sec- (i) to enter into a contract described in sub- (A) identify and assess the interoperability retary makes logistics support and logistics serv- section (a) for which a solicitation of offers was risks that are associated with the installation or ices available under the authority of this section issued in accordance with the regulations pre- connection of uncertified switches to the De- may not exceed five contracts. The total amount scribed pursuant to subsection (e)(2) before the fense Switch Network and the maintenance of of the estimated costs of all such contracts for date of the expiration of the authority; or such switches on the Defense Switch Network; which logistics support and logistics services are (ii) to provide logistics support and logistics and made available under this section may not ex- services to the contractor with respect to that (B) develop and implement a plan to eliminate ceed $100,000,000. contract in accordance with this section. or mitigate such risks as identified. (2) No contract entered into by the Director of SEC. 346. CONTINUATION OF ARSENAL SUPPORT (2) The Secretary shall initiate action under the Defense Logistics Agency under subsection PROGRAM INITIATIVE. paragraph (1) upon completing the initial inven- (b) may be for a period in excess of five years, (a) EXTENSION THROUGH FISCAL YEAR 2004.— tory of telecom switches required by subsection including periods for which the contract is ex- Subsection (a) of section 343 of the Floyd D. (d). tended under options to extend the contract. Spence National Defense Authorization Act for (f) TELECOM SWITCH DEFINED.—In this sec- (e) REGULATIONS.—Before exercising the au- Fiscal Year 2001 (as enacted into law by Public tion, the term ‘‘telecom switch’’ means hardware thority under this section, the Secretary of De- Law 106–398; 114 Stat. 1654A–65) is amended by or software designed to send and receive voice, fense shall prescribe in regulations such require- striking ‘‘and 2002’’ and inserting ‘‘through data, or video signals across a network that pro- ments, conditions, and restrictions as the Sec- 2004’’. vides customer voice, data, or video equipment retary determines appropriate to ensure that lo- (b) REPORTING REQUIREMENTS.—Subsection access to the Defense Switch Network or public (g) of such section is amended— gistics support and logistics services are pro- switched telecommunications networks. (1) in paragraph (1), by striking ‘‘2002’’ and vided under this section only when it is in the SEC. 349. ENGINEERING STUDY AND ENVIRON- best interests of the United States to do so. The inserting ‘‘2004’’; and (2) in paragraph (2), by striking the first sen- MENTAL ANALYSIS OF ROAD MODI- regulations shall include, at a minimum, the fol- FICATIONS IN VICINITY OF FORT lowing: tence and inserting the following new sentence: BELVOIR, VIRGINIA. (1) A requirement for the authority under this ‘‘Not later than July 1, 2003, the Secretary of the (a) STUDY AND ANALYSIS.—(1) The Secretary section to be used only for providing logistics Army shall submit to the congressional defense of the Army shall conduct a preliminary engi- support and logistics services in support of the committees a report on the results of the dem- neering study and environmental analysis to performance of a contract that is entered into onstration program since its implementation, in- evaluate the feasibility of establishing a con- using competitive procedures (as defined in sec- cluding the Secretary’s views regarding the ben- nector road between Richmond Highway tion 4 of the Office of Federal Procurement Pol- efits of the program for Army manufacturing ar- (United States Route 1) and Telegraph Road in icy Act (41 U.S.C. 403)). senals and the Department of the Army and the order to provide an alternative to Beulah Road (2) A requirement for the solicitation of offers success of the program in achieving the pur- (State Route 613) and Woodlawn Road (State for a contract described in subsection (a), for poses specified in subsection (b).’’. Route 618) at Fort Belvoir, Virginia, which were which logistics support and logistics services are SEC. 347. TWO-YEAR EXTENSION OF AUTHORITY closed as a force protection measure. to be made available under this section, to OF THE SECRETARY OF DEFENSE TO (2) It is the sense of Congress that the study ENGAGE IN COMMERCIAL ACTIVI- include— TIES AS SECURITY FOR INTEL- and analysis should consider as one alternative (A) a statement that the logistics support and LIGENCE COLLECTION ACTIVITIES the extension of Old Mill Road between Rich- logistics services are to be made available under ABROAD. mond Highway and Telegraph Road. the authority of this section to any contractor Section 431(a) of title 10, United States Code, (b) CONSULTATION.—The study required by awarded the contract, but only on a basis that is amended by striking ‘‘December 31, 2002’’ in subsection (a) shall be conducted in consulta- does not require acceptance of the support and the second sentence and inserting ‘‘December 31, tion with the Department of Transportation of services; and 2004’’. the Commonwealth of Virginia and Fairfax (B) a description of the range of the logistics SEC. 348. INSTALLATION AND CONNECTION POL- County, Virginia. support and logistics services that are to be ICY AND PROCEDURES REGARDING (c) REPORT.—The Secretary shall submit to made available to the contractor. DEFENSE SWITCH NETWORK. Congress a summary report on the study and (3) A requirement for the rates charged a con- (a) ESTABLISHMENT OF POLICY AND PROCE- analysis required by subsection (a). The sum- tractor for logistics support and logistics services DURES.—Not later than 180 days after the date mary report shall be submitted together with the provided to a contractor under this section to re- of the enactment of this Act, the Secretary of budget justification materials in support of the flect the full cost to the United States of the re- Defense shall establish clear and uniform policy budget of the President for fiscal year 2006 that sources used in providing the support and serv- and procedures, applicable to the military de- is submitted to Congress under section 1105(a) of ices, including the costs of resources used, but partments and Defense Agencies, regarding the title 31, United States Code. not paid for, by the Department of Defense. installation and connection of telecom switches (d) FUNDING.—Of the amount authorized to be (4) A requirement to credit to the General to the Defense Switch Network. appropriated by section 301(a)(1) for the Army Fund of the Treasury amounts received by the (b) ELEMENTS OF POLICY AND PROCEDURES.— for operation and maintenance, $5,000,000 may Department of Defense from a contractor for the The policy and procedures shall address at a be available for the study and analysis required cost of logistics support and logistics services minimum the following: by subsection (a). H5496 CONGRESSIONAL RECORD — HOUSE July 25, 2002 SEC. 350. EXTENSION OF WORK SAFETY DEM- are on active duty in that fiscal year under sec- serve of any reserve component shall be propor- ONSTRATION PROGRAM. tion 12301(d) of this title in support of a contin- tionately reduced by— Section 1112 of the Floyd D. Spence National gency operation.’’. (1) the total authorized strength of units orga- Defense Authorization Act for Fiscal Year 2001 (c) AUTHORIZED STRENGTHS FOR COMMIS- nized to serve as units of the Selected Reserve of (as enacted into law by Public Law 106–398; 114 SIONED OFFICERS IN PAY GRADES O–4, O–5, AND such component which are on active duty (other Stat. 1654A–313) is amended— O–6 ON ACTIVE DUTY.—Section 523 of such title than for training) at the end of the fiscal year; (1) in subsection (d), by striking ‘‘September is amended— and 30, 2002’’ and inserting ‘‘September 30, 2003’’; (1) in subsection (a), by striking ‘‘subsection (2) the total number of individual members not and (c)’’ in paragraphs (1) and (2) and inserting in units organized to serve as units of the Se- (2) in subsection (e)(2), by striking ‘‘December ‘‘subsections (c) and (e)’’; and lected Reserve of such component who are on 1, 2002’’ and inserting ‘‘December 1, 2003’’. (2) by adding at the end the following new active duty (other than for training or for un- subsection: satisfactory participation in training) without SEC. 351. LIFT SUPPORT FOR MINE WARFARE their consent at the end of the fiscal year. SHIPS AND OTHER VESSELS. ‘‘(e) The Secretary of Defense may increase Whenever such units or such individual mem- the authorized total number of commissioned of- (a) AMOUNT.—Of the amount authorized to be bers are released from active duty during any ficers serving on active duty in the Army, Navy, appropriated by section 302(2), $10,000,000 shall fiscal year, the end strength prescribed for such Air Force, or Marine Corps in a grade referred be available for implementing the recommenda- fiscal year for the Selected Reserve of such re- to in subsection (c) at the end of any fiscal year tions resulting from the Navy’s Non-Self serve component shall be proportionately in- under that subsection by the number of commis- Deployable Watercraft (NDSW) Study and the creased by the total authorized strengths of sioned officers of reserve components of the Joint Chiefs of Staff Focused Logistics Study, such units and by the total number of such indi- Army, Navy, Air Force, or Marine Corps, respec- which are to determine the requirements of the vidual members. Navy for providing lift support for mine warfare tively, that are then serving on active duty in that grade under section 12301(d) of this title in SEC. 412. END STRENGTHS FOR RESERVES ON AC- ships and other vessels. TIVE DUTY IN SUPPORT OF THE RE- (b) OFFSETTING REDUCTION.—Of the amount support of a contingency operation.’’. SERVES. authorized to be appropriated by section 302(2), (d) AUTHORIZED STRENGTHS FOR GENERAL AND Within the end strengths prescribed in section the amount provided for the procurement of FLAG OFFICERS ON ACTIVE DUTY.—Section 411(a), the reserve components of the Armed mine countermeasures ships cradles is hereby re- 526(a) of such title is amended— Forces are authorized, as of September 30, 2003, duced by $10,000,000. (1) by redesignating paragraphs (1), (2), (3), the following number of Reserves to be serving SEC. 352. NAVY DATA CONVERSION ACTIVITIES. and (4) as subparagraphs (A), (B), (C), and (D), on full-time active duty or full-time duty, in the respectively; (a) AMOUNT FOR ACTIVITIES.—The amount au- case of members of the National Guard, for the IMITATIONS.—The’’ and in- thorized to be appropriated by section 301(a)(2) (2) by striking ‘‘L purpose of organizing, administering, recruiting, serting ‘‘LIMITATIONS.—(1) Except as provided is hereby increased by $1,500,000. The total instructing, or training the reserve components: in paragraph (2), the’’; and amount of such increase may be available for (1) The Army National Guard of the United the Navy Data Conversion and Management (3) by adding at the end the following new States, 24,492. Laboratory to support data conversion activities paragraph (2): (2) The Army Reserve, 13,888. for the Navy. ‘‘(2) The Secretary of Defense may increase (3) The Naval Reserve, 14,572. (4) The Marine Corps Reserve, 2,261. (b) OFFSET.—The amount authorized to be ap- the number of general and flag officers author- (5) The Air National Guard of the United propriated by section 301(a)(1) is hereby reduced ized to be on active duty in the Army, Navy, Air States, 11,727. by $1,500,000 to reflect a reduction in the utili- Force, or Marine Corps under paragraph (1) by (6) The Air Force Reserve, 1,498. ties privatization efforts previously planned by the number of reserve general or flag officers of the Army. reserve components of the Army, Navy, Air SEC. 413. END STRENGTHS FOR MILITARY TECH- Force, or Marine Corps, respectively, that are NICIANS (DUAL STATUS). TITLE IV—MILITARY PERSONNEL on active duty under section 12301(d) of this The minimum number of military technicians AUTHORIZATIONS title in support of a contingency operation.’’. (dual status) as of the last day of fiscal year Subtitle A—Active Forces SEC. 403. INCREASED ALLOWANCE FOR NUMBER 2003 for the reserve components of the Army and the Air Force (notwithstanding section 129 of SEC. 401. END STRENGTHS FOR ACTIVE FORCES. OF MARINE CORPS GENERAL OFFI- CERS ON ACTIVE DUTY IN GRADES title 10, United States Code) shall be the fol- The Armed Forces are authorized strengths ABOVE MAJOR GENERAL. lowing: for active duty personnel as of September 30, Section 525(b)(2)(B) of title 10, United States (1) For the Army Reserve, 6,599. 2003, as follows: Code, is amended by striking ‘‘16.2 percent’’ and (2) For the Army National Guard of the (1) The Army, 485,000. inserting ‘‘17.5 percent’’. United States, 24,102. (2) The Navy, 379,200. (3) For the Air Force Reserve, 9,911. SEC. 404. INCREASE IN AUTHORIZED STRENGTHS (3) The Marine Corps, 175,000. FOR MARINE CORPS OFFICERS ON (4) For the Air National Guard of the United (4) The Air Force, 362,500. ACTIVE DUTY IN THE GRADE OF States, 22,495. SEC. 402. AUTHORITY TO INCREASE STRENGTH COLONEL. SEC. 414. FISCAL YEAR 2003 LIMITATIONS ON AND GRADE LIMITATIONS TO AC- The table in section 523(a)(1) of title 10, NON-DUAL STATUS TECHNICIANS. COUNT FOR RESERVE COMPONENT United States Code, is amended by striking the (a) LIMITATIONS.—(1) Within the limitation MEMBERS ON ACTIVE DUTY IN SUP- figures under the heading ‘‘Colonel’’ in the por- provided in section 10217(c)(2) of title 10, United PORT OF A CONTINGENCY OPER- tion of the table relating to the Marine Corps States Code, the number of non-dual status ATION. and inserting the following: technicians employed by the National Guard as (a) ACTIVE DUTY STRENGTH.—Section 115(c)(1) of September 30, 2003, may not exceed the fol- ‘‘571 of title 10, United States Code, is amended to lowing: read as follows: 632 (A) For the Army National Guard of the ‘‘(1) increase the end strength authorized pur- 653 United States, 1,600. suant to subsection (a)(1)(A) for a fiscal year for 673 (B) For the Air National Guard of the United any of the armed forces by— 694 States, 350. ‘‘(A) a number equal to not more than 2 per- 715 (2) The number of non-dual status technicians cent of that end strength; 735’’. employed by the Army Reserve as of September ‘‘(B) a number equal to the number of mem- Subtitle B—Reserve Forces 30, 2003, may not exceed 995. bers of the reserve components of that armed (3) The Air Force Reserve may not employ any SEC. 411. END STRENGTHS FOR SELECTED RE- person as a non-dual status technician during force on active duty under section 12301(d) of SERVE. this title in support of a contingency operation fiscal year 2003. (a) IN GENERAL.—The Armed Forces are au- in that fiscal year; or (b) NON-DUAL STATUS TECHNICIANS DE- thorized strengths for Selected Reserve per- ‘‘(C) a number not greater than the sum of the FINED.—In this section, the term ‘‘non-dual sta- sonnel of the reserve components as of Sep- numbers authorized by subparagraphs (A) and tus technician’’ has the meaning given the term tember 30, 2003, as follows: (B).’’. in section 10217(a) of title 10, United States (1) The Army National Guard of the United Code. (b) AUTHORIZED DAILY AVERAGE FOR MEM- States, 350,000. BERS IN PAY GRADES E–8 AND E–9 ON ACTIVE Subtitle C—Authorization of Appropriations (2) The Army Reserve, 205,000. DUTY.—Section 517 of such title is amended by SEC. 421. AUTHORIZATION OF APPROPRIATIONS adding at the end the following new paragraph: (3) The Naval Reserve, 87,800. FOR MILITARY PERSONNEL. ‘‘(d) The Secretary of Defense may increase (4) The Marine Corps Reserve, 39,558. There is hereby authorized to be appropriated the authorized daily average number of enlisted (5) The Air National Guard of the United to the Department of Defense for military per- members on active duty in an armed force in States, 106,600. sonnel for fiscal year 2003 a total of pay grades E–8 and E–9 in a fiscal year under (6) The Air Force Reserve, 75,600. $94,352,208,000. The authorization in the pre- subsection (a) by the number of enlisted mem- (7) The Coast Guard Reserve, 9,000. ceding sentence supersedes any other authoriza- bers of reserve components of that armed force (b) ADJUSTMENTS.—The end strengths pre- tion of appropriations (definite or indefinite) for in pay grades E–8 and E–9, respectively, that scribed by subsection (a) for the Selected Re- such purpose for fiscal year 2003. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5497 TITLE V—MILITARY PERSONNEL POLICY (1) by striking ‘‘may authorize’’ and all that Subtitle B—Reserve Component Personnel Subtitle A—Officer Personnel Policy follows and inserting ‘‘may, in the case of re- Policy tirements effective during the period beginning SEC. 501. EXTENSION OF CERTAIN REQUIRE- on September 1, 2002, and ending on December SEC. 511. TIME FOR COMMENCEMENT OF INITIAL MENTS AND EXCLUSIONS APPLICA- PERIOD OF ACTIVE DUTY FOR BLE TO SERVICE OF GENERAL AND 31, 2004, authorize—’’; and TRAINING UPON ENLISTMENT IN RE- FLAG OFFICERS ON ACTIVE DUTY IN (2) by adding at the end the following: SERVE COMPONENT. CERTAIN JOINT DUTY ASSIGN- ‘‘(1) the Deputy Under Secretary of Defense Section 12103(d) of title 10, United States MENTS. for Personnel and Readiness to reduce such 3- Code, is amended by striking ‘‘270 days’’ in the (a) RECOMMENDATIONS FOR ASSIGNMENT TO year period of required service to a period not second sentence and inserting ‘‘one year’’. SENIOR JOINT OFFICER POSITIONS.—Section less than two years for retirements in grades 604(c) of title 10, United States Code, is amended above colonel or, in the case of the Navy, cap- SEC. 512. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFERMENT OF MAN- by striking ‘‘September 30, 2003’’ and inserting tain; and ‘‘December 31, 2003’’. DATORY RETIREMENT OR SEPARA- ‘‘(2) the Secretary of a military department or TION OF RESERVE COMPONENT OF- (b) INAPPLICABILITY OF GRADE DISTRIBUTION the Assistant Secretary of a military department FICER. REQUIREMENTS.—Section 525(b)(5)(C) of such having responsibility for manpower and reserve title is amended by striking ‘‘September 30, 2003’’ (a) AUTHORITY.—Chapter 1407 of title 10, affairs to reduce such 3-year period to a period and inserting ‘‘December 31, 2003’’. United States Code, is amended by adding at the of required service not less than two years for (c) EXCLUSION FROM STRENGTH LIMITATION.— end the following new section: retirements in grades of lieutenant colonel and Section 526(b)(3) of such title is amended by colonel or, in the case of the Navy, commander ‘‘§ 14519. Deferment of retirement or separa- striking ‘‘October 1, 2002’’ and inserting ‘‘De- and captain.’’. tion for medical reasons cember 31, 2003’’. (b) RESERVE OFFICERS.—Subsection (d)(5) of ‘‘(a) AUTHORITY.—If, in the case of an officer SEC. 502. EXTENSION OF AUTHORITY TO WAIVE such section is amended— REQUIREMENT FOR SIGNIFICANT required to be retired or separated under this JOINT DUTY EXPERIENCE FOR AP- (1) in the first sentence— chapter or chapter 1409 of this title, the Sec- POINTMENT AS A CHIEF OF A RE- (A) by striking ‘‘may authorize’’ and all that retary concerned determines that the evaluation SERVE COMPONENT OR A NATIONAL follows and inserting ‘‘may, in the case of re- of the physical condition of the officer and de- GUARD DIRECTOR. tirements effective during the period beginning termination of the officer’s entitlement to retire- (a) CHIEF OF ARMY RESERVE.—Section on September 1, 2002, and ending on December ment or separation for physical disability re- 3038(b)(4) of title 10, United States Code, is 31, 2004, authorize—’’; and quire hospitalization or medical observation and amended by striking ‘‘October 1, 2003’’ and in- (B) by adding at the end the following: that such hospitalization or medical observation serting ‘‘December 31, 2003’’. ‘‘(A) the Deputy Under Secretary of Defense cannot be completed with confidence in a man- (b) CHIEF OF NAVAL RESERVE.—Section ner consistent with the officer’s well being be- 5143(b)(4) of such title is amended by striking for Personnel and Readiness to reduce such 3- year period of required service to a period not fore the date on which the officer would other- ‘‘October 1, 2003’’ and inserting ‘‘December 31, wise be required to retire or be separated, the 2003’’. less than two years for retirements in grades above colonel or, in the case of the Navy, cap- Secretary may defer the retirement or separation (c) COMMANDER, MARINE FORCES RESERVE.— of the officer. Section 5144(b)(4) of such title is amended by tain; and ‘‘(b) PERIOD OF DEFERMENT.—A deferral of re- striking ‘‘October 1, 2003’’ and inserting ‘‘De- ‘‘(B) the Secretary of a military department or the Assistant Secretary of a military department tirement or separation under subsection (a) may cember 31, 2003’’. not extend for more than 30 days after the com- (d) CHIEF OF AIR FORCE RESERVE.—Section having responsibility for manpower and reserve affairs to reduce such 3-year period of required pletion of the evaluation requiring hospitaliza- 8038(b)(4) of such title 10, United States Code, is tion or medical observation.’’. amended by striking ‘‘October 1, 2003’’ and in- service to a period not less than two years for serting ‘‘December 31, 2003’’. retirements in grades of lieutenant colonel and (b) CLERICAL AMENDMENT.—The table of sec- (e) DIRECTORS OF THE NATIONAL GUARD.—Sec- colonel or, in the case of the Navy, commander tions at the beginning of such chapter is amend- tion 10506(a)(3)(D) of such title is amended by and captain.’’; ed by adding at the end the following new item: striking ‘‘October 1, 2003’’ and inserting ‘‘De- (2) by designating the second sentence as ‘‘14519. Deferment of retirement or separation cember 31, 2003’’. paragraph (6) and realigning such paragraph, for medical reasons.’’. SEC. 503. REPEAL OF LIMITATION ON AUTHORITY as so redesignated 2 ems from the left margin; SEC. 513. REPEAL OF PROHIBITION ON USE OF TO GRANT CERTAIN OFFICERS A and AIR FORCE RESERVE AGR PER- WAIVER OF REQUIRED SEQUENCE (3) in paragraph (6), as so redesignated, by SONNEL FOR AIR FORCE BASE SECU- FOR JOINT PROFESSIONAL MILI- striking ‘‘this paragraph’’ and inserting ‘‘para- RITY FUNCTIONS. TARY EDUCATION AND JOINT DUTY graph (5)’’. ASSIGNMENT. (a) REPEAL.—Section 12551 of title 10, United (c) ADVANCE NOTICE TO THE PRESIDENT AND Section 661(c)(3)(D) of title 10, United States States Code, is repealed. CONGRESS.—Such section is further amended by Code, is amended by striking ‘‘In the case of of- adding at the end the following new subsection: (b) CLERICAL AMENDMENT.—The table of sec- ficers in grades below brigadier general’’ and all tions at the beginning of chapter 1215 of such ‘‘(e) ADVANCE NOTICE TO CONGRESS.—(1) The that follows through ‘‘selected for the joint spe- title is amended by striking the item relating to Secretary of Defense shall notify the Committees cialty during that fiscal year.’’. section 12551. on Armed Services of the Senate and House of SEC. 504. EXTENSION OF TEMPORARY AUTHORITY FOR RECALL OF RETIRED AVIATORS. Representatives of— Subtitle C—Education and Training Section 501(e) of the National Defense Author- ‘‘(A) an exercise of authority under para- SEC. 521. INCREASE IN AUTHORIZED STRENGTHS ization Act for Fiscal Year 2000 (Public Law graph (2)(A) of subsection (a) to reduce the 3- FOR THE SERVICE ACADEMIES. year minimum period of required service on ac- 106–65; 113 Stat. 589) is amended by striking (a) UNITED STATES MILITARY ACADEMY.—Sec- tive duty in a grade in the case of an officer to ‘‘September 30, 2002’’ and inserting ‘‘September tion 4342 of title 10, United States Code, is whom such paragraph applies before the officer 30, 2008’’. amended— is retired in such grade under such subsection SEC. 505. INCREASED GRADE FOR HEADS OF (1) in subsection (a), by striking ‘‘4,000’’ in the NURSE CORPS. without having satisfied that 3-year service re- quirement; and first sentence and inserting ‘‘4,400’’; and (a) ARMY.—Section 3069(b) of title 10, United States Code, is amended by striking ‘‘brigadier ‘‘(B) an exercise of authority under para- (2) in subsection (i), by striking ‘‘variance in general’’ in the second sentence and inserting graph (5) of subsection (d) to reduce the 3-year that limitation’’ and inserting ‘‘variance above ‘‘major general’’. minimum period of service in grade required that limitation’’. (b) NAVY.—The first sentence of section under paragraph (3)(A) of such subsection in (b) UNITED STATES NAVAL ACADEMY.—Section 5150(c) of such title is amended— the case of an officer to whom such paragraph 6954 of title 10, United States Code, is (1) by inserting ‘‘rear admiral (upper half) in applies before the officer is credited with satis- amended— the case of an officer in the Nurse Corps or’’ factory service in such grade under subsection (1) in subsection (a), by striking ‘‘4,000’’ in the after ‘‘for promotion to the grade of’’; and (d) without having satisfied that 3-year service first sentence and inserting ‘‘4,400’; and requirement. (2) by inserting ‘‘in the case of an officer in (2) in subsection (g), by striking ‘‘variance in ‘‘(2) The requirement for a notification under the Medical Service Corps’’ after ‘‘rear admiral that limitation’’ and inserting ‘‘variance above paragraph (1) is satisfied in the case of an offi- (lower half)’’. that limitation’’. (c) AIR FORCE.—Section 8069(b) of such title is cer to whom subsection (c) applies if the notifi- (c) UNITED STATES AIR FORCE ACADEMY.— amended by striking ‘‘brigadier general’’ in the cation is included in the certification submitted Section 9342 of title 10, United States Code, is second sentence and inserting ‘‘major general’’. with respect to such officer under paragraph (1) amended— SEC. 506. REINSTATEMENT OF AUTHORITY TO RE- of such subsection. DUCE SERVICE REQUIREMENT FOR ‘‘(3) The notification requirement under para- (1) in subsection (a), by striking ‘‘4,000’’ in the RETIREMENT IN GRADES ABOVE O–4. graph (1) does not apply to an officer being re- first sentence and inserting ‘‘4,400’’; and (a) OFFICERS ON ACTIVE DUTY.—Subsection tired in the grade of lieutenant colonel or colo- (2) in subsection (i), by striking ‘‘variance in (a)(2)(A) of section 1370 of title 10, United States nel or, in the case of the Navy, commander or that limitation’’ and inserting ‘‘variance above Code, is amended— captain.’’. that limitation’’. H5498 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Subtitle D—Decorations, Awards, and ments for award of the Armed Forces Expedi- ance with the provisions of this section under Commendations tionary Medal for instances in which the award which program a National Call to Service par- SEC. 531. WAIVER OF TIME LIMITATIONS FOR of that medal is authorized.’’. ticipant described in subsection (b) shall be enti- AWARD OF CERTAIN DECORATIONS (2) The table of sections at the beginning of tled to an incentive specified in subsection (d). TO CERTAIN PERSONS. such chapter is amended by adding at the end ‘‘(b) NATIONAL CALL TO SERVICE PARTICI- (a) WAIVER.—Any limitation established by the following new item: PANT.—In this section, the term ‘National Call law or policy for the time within which a rec- ‘‘3755. Korea Defense Service Medal.’’. to Service participant’ means a person who first ommendation for the award of a military deco- (c) NAVY AND MARINE CORPS.—(1) Chapter 567 enlists in the armed forces pursuant to a written ration or award must be submitted shall not of title 10, United States Code, is amended by agreement (prescribed by the Secretary of the apply to awards of decorations described in this adding at the end the following new section: military department concerned) under which section, the award of each such decoration hav- ‘‘§ 6257. Korea Defense Service Medal agreement the person shall— ing been determined by the Secretary concerned ‘‘(a) The Secretary of the Navy shall issue a ‘‘(1) upon completion of initial entry training to be warranted in accordance with section 1130 campaign medal, to be known as the Korea De- (as prescribed by the Secretary of Defense), of title 10, United States Code. fense Service Medal, to each person who while serve on active duty in the armed forces in a (b) DISTINGUISHED-SERVICE CROSS OF THE a member of the Navy or Marine Corps served in military occupational specialty designated by ARMY.—Subsection (a) applies to the award of the Republic of Korea or the waters adjacent the Secretary of Defense under subsection (c) for the Distinguished-Service Cross of the Army as thereto during the KDSM eligibility period and a period of 15 months; and follows: met the service requirements for the award of ‘‘(2) upon completion of such service on active (1) To Henry Johnson of Albany, New York, that medal prescribed under subsection (c). duty, and without a break in service, serve the for extraordinary heroism in France during the ‘‘(b) In this section, the term ‘KDSM eligi- minimum period of obligated service specified in period of May 13 to 15, 1918, while serving as a bility period’ means the period beginning on the agreement under this section— member of the Army. July 28, 1954, and ending on such date after the ‘‘(A) on active duty in the armed forces; (2) To Hilliard Carter of Jackson, Mississippi, date of the enactment of this section as may be ‘‘(B) in the Selected Reserve; for extraordinary heroism in actions near determined by the Secretary of Defense to be ap- ‘‘(C) in the Individual Ready Reserve; Troung Loung, Republic of Vietnam, on Sep- propriate for terminating eligibility for the ‘‘(D) in the Peace Corps, Americorps, or an- tember 28, 1966, while serving as a member of the Korea Defense Service Medal. other national service program jointly des- Army. ‘‘(c) The Secretary of the Navy shall prescribe ignated by the Secretary of Defense and the (3) To Albert C. Welch of Highland Ranch, service requirements for eligibility for the Korea head of such program for purposes of this sec- Colorado, for extraordinary heroism in actions Defense Service Medal. Those requirements shall tion; or in Ong Thanh, Binh Long Province, Republic of not be more stringent than the service require- ‘‘(E) in any combination of service referred to Vietnam, on October 17, 1967, while serving as a ments for award of the Armed Forces Expedi- in subparagraphs (A) through (D) that is ap- member of the Army. tionary Medal for instances in which the award proved by the Secretary of the military depart- (c) DISTINGUISHED FLYING CROSS OF THE of that medal is authorized.’’. ment concerned pursuant to regulations pre- NAVY.—Subsection (a) applies to the award of (2) The table of sections at the beginning of scribed by the Secretary of Defense. the Distinguished Flying Cross of the Navy as such chapter is amended by adding at the end ‘‘(c) DESIGNATED MILITARY OCCUPATIONAL follows: the following new item: SPECIALTIES.—The Secretary of Defense shall (1) To Eduguardo Coppola of Falls Church, ‘‘6257. Korea Defense Service Medal.’’. designate military occupational specialties for Virginia, for extraordinary achievement while (d) AIR FORCE.—(1) Chapter 857 of title 10, purposes of subsection (b)(1). Such military oc- participating in aerial flight during World War United States Code, is amended by adding at the cupational specialties shall be military occupa- II, while serving as a member of the Navy. end the following new section: tional specialties that will facilitate, as deter- (2) To James Hoisington, Jr., of Stillman Val- ‘‘§ 8755. Korea Defense Service Medal mined by the Secretary, pursuit of national service by National Call to Service participants ley, Illinois, for extraordinary achievement ‘‘(a) The Secretary of the Air Force shall issue during and after their completion of duty or while participating in aerial flight during World a campaign medal, to be known as the Korea service under an agreement under subsection War II, while serving as a member of the Navy. Defense Service Medal, to each person who (b). (3) To William M. Melvin of Lawrenceburg, while a member of the Air Force served in the ‘‘(d) INCENTIVES.—The incentives specified in Tennessee, for extraordinary achievement while Republic of Korea or the waters adjacent there- participating in aerial flight during World War this subsection are as follows: to during the KDSM eligibility period and met ‘‘(1) Payment of a bonus in the amount of II, while serving as a member of the Navy. the service requirements for the award of that (4) To Vincent Urbank of Tom River, New Jer- $5,000. medal prescribed under subsection (c). ‘‘(2) Payment of outstanding principal and in- sey, for extraordinary achievement while par- ‘‘(b) In this section, the term ‘KDSM eligi- terest on qualifying student loans of the Na- ticipating in aerial flight during World War II, bility period’ means the period beginning on tional Call to Service participant in an amount while serving as a member of the Navy. July 28, 1954, and ending on such date after the SEC. 532. KOREA DEFENSE SERVICE MEDAL. not to exceed $18,000. date of the enactment of this section as may be ‘‘(3) Entitlement to an allowance for edu- (a) FINDINGS.—Congress makes the following determined by the Secretary of Defense to be ap- cational assistance at the monthly rate equal to findings: propriate for terminating eligibility for the the monthly rate payable for basic educational (1) More than 40,000 members of the United Korea Defense Service Medal. assistance allowances under section 3015(a)(1) of States Armed Forces have served on the Korean ‘‘(c) The Secretary of the Air Force shall pre- title 38 for a total of 12 months. Peninsula each year since the signing of the scribe service requirements for eligibility for the ‘‘(4) Entitlement to an allowance for edu- cease-fire agreement in July 1953 ending the Ko- Korea Defense Service Medal. Those require- cational assistance at the monthly rate equal to rean War. ments shall not be more stringent than the serv- 2⁄3 of the monthly rate payable for basic edu- (2) An estimated 1,200 members of the United ice requirements for award of the Armed Forces cational assistance allowances under section States Armed Forces died as a direct result of Expeditionary Medal for instances in which the 3015(b)(1) of title 38 for a total of 36 months. their service in Korea since the cease-fire agree- award of that medal is authorized.’’. ‘‘(e) ELECTION OF INCENTIVES.—A National ment in July 1953. (2) The table of sections at the beginning of Call to Service participant shall elect in the (b) ARMY.—(1) Chapter 357 of title 10, United such chapter is amended by adding at the end agreement under subsection (b) which incentive States Code, is amended by adding at the end the following new item: under subsection (d) to receive. An election the following new section: ‘‘8755. Korea Defense Service Medal.’’. under this subsection is irrevocable. (e) AWARD FOR SERVICE BEFORE DATE OF EN- ‘‘§ 3755. Korea Defense Service Medal ‘‘(f) PAYMENT OF BONUS AMOUNTS.—(1) Pay- ACTMENT.—The Secretary of the military depart- ‘‘(a) The Secretary of the Army shall issue a ment to a National Call to Service participant of ment concerned shall take appropriate steps to campaign medal, to be known as the Korea De- the bonus elected by the National Call to Service provide in a timely manner for the issuance of fense Service Medal, to each person who while participant under subsection (d)(1) shall be the Korea Defense Service Medal, upon applica- a member of the Army served in the Republic of made in such time and manner as the Secretary tion therefor, to persons whose eligibility for Korea or the waters adjacent thereto during the of Defense shall prescribe. KDSM eligibility period and met the service re- that medal is by reason of service in the Repub- ‘‘(2)(A) Payment of outstanding principal and quirements for the award of that medal pre- lic of Korea or the waters adjacent thereto be- interest on the qualifying student loans of a Na- scribed under subsection (c). fore the date of the enactment of this Act. tional Call to Service participant, as elected ‘‘(b) In this section, the term ‘KDSM eligi- Subtitle E—National Call to Service under subsection (d)(2), shall be made in such bility period’ means the period beginning on SEC. 541. ENLISTMENT INCENTIVES FOR PURSUIT time and manner as the Secretary of Defense July 28, 1954, and ending on such date after the OF SKILLS TO FACILITATE NA- shall prescribe. date of the enactment of this section as may be TIONAL SERVICE. ‘‘(B) Payment under this paragraph of the determined by the Secretary of Defense to be ap- (a) AUTHORITY.—(1) Chapter 5 of title 37, outstanding principal and interest on the quali- propriate for terminating eligibility for the United States Code, is amended by adding at the fying student loans of a National Call to Service Korea Defense Service Medal. end the following new section: participant shall be made to the holder of such ‘‘(c) The Secretary of the Army shall prescribe ‘‘§ 326. Enlistment incentives for pursuit of student loans, as identified by the National Call service requirements for eligibility for the Korea skills to facilitate national service to Service participant to the Secretary of the Defense Service Medal. Those requirements shall ‘‘(a) INCENTIVES AUTHORIZED.—The Secretary military department concerned for purposes of not be more stringent than the service require- of Defense may carry out a program in accord- such payment. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5499

‘‘(3) Payment of a bonus or incentive in ac- defined in section 101 of the Higher Education ‘‘(b) BIENNIAL SURVEY ON RACIAL AND ETHNIC cordance with this subsection shall be made by Act of 1965 (20 U.S.C. 1001). ISSUES.—One of the surveys conducted every the Secretary of the military department con- ‘‘(3) The term ‘Secretary of a military depart- two years under this section shall solicit infor- cerned. ment’ includes the Secretary of Transportation, mation on racial and ethnic issues and the cli- ‘‘(g) COORDINATION WITH MONTGOMERY GI with respect to matters concerning the Coast mate in the armed forces for forming profes- BILL BENEFITS.—(1) A National Call to Service Guard when it is not operating as a service in sional relationships among members of the participant who elects an incentive under para- the Navy.’’. armed forces of the various racial and ethnic graph (3) or (4) of subsection (d) is not entitled (2) The table of sections at the beginning of groups. The information solicited shall include to educational assistance under chapter 1606 of that chapter is amended by inserting after the the following: title 10 or basic educational assistance under item relating to section 325 the following new ‘‘(1) Indicators of positive and negative trends subchapter II of chapter 30 of title 38. item: for professional and personal relationships ‘‘(2)(A) The Secretary of Defense shall, to the ‘‘326. Enlistment incentives for pursuit of skills among members of all racial and ethnic groups. maximum extent practicable, administer the re- to facilitate national service.’’. ‘‘(2) The effectiveness of Department of De- fense policies designed to improve relationships ceipt by National Call to Service participants of (b) EFFECTIVE DATE.—The amendments made incentives under paragraph (3) or (4) of sub- by subsection (a) shall take effect on October 1, among all racial and ethnic groups. ‘‘(3) The effectiveness of current processes for section (d) as if such National Call to Service 2002. No individual entering into an enlistment complaints on and investigations into racial and participants were, in receiving such incentives, before that date may participate in the program ethnic discrimination. receiving educational assistance for members of under section 326 of title 37, United States Code, ‘‘(c) BIENNIAL SURVEY ON GENDER ISSUES.— the Selected Reserve under chapter 1606 of title as added by that subsection. 10. One of the surveys conducted every two years ‘‘(B) The Secretary of Defense shall, in con- SEC. 542. MILITARY RECRUITER ACCESS TO INSTI- under this section shall solicit information on TUTIONS OF HIGHER EDUCATION. sultation with the Secretary of Veterans Affairs, gender issues, including issues relating to gen- (a) ACCESS TO INSTITUTIONS OF HIGHER EDU- prescribe regulations for purposes of subpara- der-based harassment and discrimination, and CATION.—Section 503 of title 10, United States graph (A). Such regulations shall, to the max- the climate in the armed forces for forming pro- Code, is amended— imum extent practicable, take into account the fessional relationships between male and female (1) by redesignating subsection (d) as sub- administrative provisions of chapters 30 and 36 members of the armed forces. The information section (e); and of title 38 that are specified in section 16136 of solicited shall include the following: (2) by inserting after subsection (c) the fol- title 10. ‘‘(1) Indicators of positive and negative trends lowing new subsection (d): ‘‘(3) Except as provided in paragraph (1), for professional and personal relationships be- ‘‘(d) ACCESS TO INSTITUTIONS OF HIGHER EDU- nothing in this section shall prohibit a National tween male and female members of the armed CATION.—(1) Each institution of higher edu- Call to Service participant who satisfies through forces. cation receiving assistance under the Higher service under subsection (b) the eligibility re- ‘‘(2) The effectiveness of Department of De- Education Act of 1965 (20 U.S.C. 1001 et seq.)— quirements for educational assistance under fense policies designed to improve professional ‘‘(A) shall provide to military recruiters the chapter 1606 of title 10 or basic educational as- relationships between male and female members same access to students at the institution as is sistance under chapter 30 of title 38 from an en- of the armed forces. provided generally to prospective employers of ‘‘(3) The effectiveness of current processes for titlement to such educational assistance under those students; and complaints on and investigations into gender- chapter 1606 of title 10 or basic educational as- ‘‘(B) shall, upon a request made by military based discrimination. sistance under chapter 30 of title 38, as the case recruiters for military recruiting purposes, pro- ‘‘(d) SURVEYS TO ALTERNATE EVERY YEAR.— may be. vide access to the names, addresses, and tele- The biennial survey under subsection (b) shall ‘‘(h) REPAYMENT.—(1) If a National Call to be conducted in odd-numbered years. The bien- Service participant who has entered into an phone listings of students at the institution, nial survey under subsection (c) shall be con- agreement under subsection (b) and received or notwithstanding section 444(a)(5)(B) of the Gen- ducted in even-numbered years. benefited from an incentive under subsection eral Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)). ‘‘(e) IMPLEMENTING ENTITY.—The Secretary (d)(1) or (d)(2) fails to complete the total period shall carry out the biennial surveys through en- of service specified in such agreement, the Na- ‘‘(2) An institution of higher education may not release a student’s name, address, and tele- tities in the Department of Defense as follows: tional Call to Service participant shall refund to ‘‘(1) The biennial review under subsection (b), the United States the amount that bears the phone listing under paragraph (1)(B) without the prior written consent of the student or the through the Armed Forces Survey on Racial and same ratio to the amount of the incentive as the Ethnic Issues. uncompleted part of such service bears to the parent of the student (in the case of a student under the age of 18) if the student, or a parent ‘‘(2) The biennial review under subsection (c), total period of such service. through the Armed Forces Survey on Gender ‘‘(2) Subject to paragraph (3), an obligation to of the student, as appropriate, has submitted a request to the institution of higher education Issues. reimburse the United States imposed under ‘‘(f) REPORTS TO CONGRESS.—Upon the com- paragraph (1) is for all purposes a debt owed to that the student’s information not be released for a purpose covered by that subparagraph pletion of a biennial survey under this section, the United States. the Secretary shall submit to Congress a report ‘‘(3) The Secretary concerned may waive, in without prior written consent. Each institution of higher education shall notify students and containing the results of the survey. whole or in part, a reimbursement required ‘‘(g) INAPPLICABILITY TO COAST GUARD.—The parents of the rights provided under the pre- under paragraph (1) if the Secretary concerned requirements for surveys under this section do ceding sentence. determines that recovery would be against eq- not apply to the Coast Guard.’’. ‘‘(3) In this subsection, the term ‘institution of uity and good conscience or would be contrary (b) CLERICAL AMENDMENT.—The item relating to the best interests of the United States. higher education’ has the meaning given the to such section in the table of sections at the be- ‘‘(4) A discharge in bankruptcy under title 11 term in section 101 of the Higher Education Act ginning of chapter 23 of such title is amended to that is entered into less than 5 years after the of 1965 (20 U.S.C. 1001).’’. read as follows: termination of an agreement entered into under (b) NOTIFICATION.—The Secretary of Edu- cation shall provide to institutions of higher ‘‘481. Racial, ethnic, and gender issues: biennial subsection (b) does not discharge the person surveys.’’. signing the agreement from a debt arising under education notice of the provisions of subsection (d) of section 503 of title 10, United States Code, SEC. 552. LEAVE REQUIRED TO BE TAKEN PEND- the agreement or under paragraph (1). ING REVIEW OF A RECOMMENDA- ‘‘(i) FUNDING.—Amounts for payment of in- as amended by subsection (a) of this section. TION FOR REMOVAL BY A BOARD OF centives under subsection (d), including pay- Such notice shall be provided not later than 120 INQUIRY. ment of allowances for educational assistance days after the date of the enactment of this Act, (a) REQUIREMENT.—Section 1182(c) of title 10, under that subsection, shall be derived from and shall be provided in consultation with the United States Code, is amended— amounts available to the Secretary of the mili- Secretary of Defense. (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and tary department concerned for payment of pay, Subtitle F—Other Matters (2) by adding at the end the following new allowances, and other expenses of the members paragraph: SEC. 551. BIENNIAL SURVEYS ON RACIAL, ETH- ‘‘(2) Under regulations prescribed by the Sec- of the armed force concerned. NIC, AND GENDER ISSUES. retary concerned, an officer referred to in para- ‘‘(j) REGULATIONS.—The Secretary of Defense (a) DIVISION OF ANNUAL SURVEY INTO TWO BI- graph (1) may be required to take leave pending and the Secretaries of the military departments ENNIAL SURVEYS.—Section 481 of title 10, United the completion of the action under this chapter shall prescribe regulations for purposes of the States Code, is amended to read as follows: program under this section. in the case of that officer. The officer may be re- ‘‘(k) DEFINITIONS.—In this section: ‘‘§ 481. Racial, ethnic, and gender issues: bi- quired to begin such leave at any time following ‘‘(1) The term ‘Americorps’ means the ennial surveys the officer’s receipt of the report of the board of Americorps program carried out under subtitle C ‘‘(a) IN GENERAL.—The Secretary of Defense inquiry, including the board’s recommendation of title I of the National and Community Service shall carry out two separate biennial surveys in for removal from active duty, and the expiration Act of 1990 (42 U.S.C. 12571 et seq.). accordance with this section to identify and as- of any period allowed for submission by the offi- ‘‘(2) The term ‘qualifying student loan’ means sess racial, ethnic, and gender issues and dis- cer of a rebuttal to that report. The leave may a loan, the proceeds of which were used to pay crimination among members of the armed forces be continued until the date on which action by the cost of attendance (as defined in section 472 serving on active duty and the extent (if any) of the Secretary concerned under this chapter is of the Higher Education Act of 1965 (20 U.S.C. activity among such members that may be seen completed in the case of the officer or may be 1087ll) at an institution of higher education (as as so-called ‘hate group’ activity. terminated at any earlier time.’’. H5500 CONGRESSIONAL RECORD — HOUSE July 25, 2002

(b) PAYMENT FOR MANDATORY EXCESS LEAVE come during any period the officer is deemed to other compensation to which the retired member UPON DISAPPROVAL OF CERTAIN INVOLUNTARY have accrued pay and allowances, including a may be entitled.’’. SEPARATION RECOMMENDATIONS.—Chapter 40 of requirement that the officer provide income tax SEC. 554. WEAR OF ABAYAS BY FEMALE MEMBERS such title is amended by inserting after section returns and other documentation to verify the OF THE ARMED FORCES IN SAUDI 707 the following new section: amount of the officer’s income.’’. ARABIA. (c) CONFORMING AMENDMENTS.—(1) Section ‘‘§ 707a. Payment upon disapproval of certain (a) PROHIBITIONS RELATING TO WEAR OF 706 of such title is amended by inserting ‘‘or board of inquiry recommendations for ex- ABAYAS.—No member of the Armed Forces hav- cess leave required to be taken 1182(c)(2)’’ after ‘‘section 876a’’ in subsections ing authority over a member of the Armed (a), (b), and (c). ‘‘(a) An officer— Forces and no officer or employee of the United (2) The heading for such section is amended to ‘‘(1) who is required to take leave under sec- States having authority over a member of the read as follows: tion 1182(c)(2) of this title, any period of which Armed Forces may— is charged as excess leave under section 706(a) ‘‘§ 706. Administration of required leave’’. (1) require or encourage that member to wear of this title, and (d) CLERICAL AMENDMENTS.—The table of sec- the abaya garment or any part of the abaya ‘‘(2) whose recommendation for removal from tions at the beginning of chapter 40 of title 10, garment while the member is in the Kingdom of active duty in a report of a board of inquiry is United States Code, is amended— Saudi Arabia pursuant to a permanent change not approved by the Secretary concerned under (1) by striking the item relating to section 706 of station or orders for temporary duty; or and inserting the following: section 1184 of this title, (2) take any adverse action, whether formal or shall be paid, as provided in subsection (b), for ‘‘706. Administration of required leave.’’; informal, against the member for choosing not to the period of leave charged as excess leave. and wear the abaya garment or any part of the ‘‘(b)(1) An officer entitled to be paid under (2) by inserting after the item relating to sec- abaya garment while the member is in the King- this section shall be deemed, for purposes of this tion 707 the following new item: dom of Saudi Arabia pursuant to a permanent section, to have accrued pay and allowances for ‘‘707a. Payment upon disapproval of certain change of station or orders for temporary duty. each day of leave required to be taken under board of inquiry recommendations section 1182(c)(2) of this title that is charged as (b) INSTRUCTION.—(1) The Secretary of De- for excess leave required to be fense shall provide each female member of the excess leave (except any day of accrued leave taken.’’. for which the officer has been paid under sec- Armed Forces ordered to a permanent change of SEC. 553. STIPEND FOR PARTICIPATION IN FU- station or temporary duty in the Kingdom of tion 706(b)(1) of this title and which has been NERAL HONORS DETAILS. charged as excess leave). Saudi Arabia with instructions regarding the Section 1491(d) of title 10, United States Code, prohibitions in subsection (a) immediately upon ‘‘(2) The officer shall be paid the amount of is amended— pay and allowances that is deemed to have ac- the arrival of the member at a United States (1) by striking paragraph (1) and inserting the military installation within the Kingdom of crued to the officer under paragraph (1), re- following: duced by the total amount of his income from Saudi Arabia. The instructions shall be pre- ‘‘(A) For a participant in the funeral honors sented orally and in writing. The written in- wages, salaries, tips, other personal service in- detail who is a member or former member of the come, unemployment compensation, and public struction shall include the full text of this sec- armed forces in a retired status or is not a mem- tion. assistance benefits from any Government agency ber of the armed forces (other than a former during the period the officer is deemed to have member in a retired status) and not an employee (2) In carrying out paragraph (1), the Sec- accrued pay and allowances. Except as provided of the United States, either— retary shall act through the Commander in in paragraph (3), such payment shall be made ‘‘(i) transportation; or Chief, United States Central Command and within 60 days after the date on which the Sec- ‘‘(ii) a daily stipend prescribed annually by Joint Task Force Southwest Asia, and the com- retary concerned decides not to remove the offi- the Secretary of Defense at a single rate that is manders of the Army, Navy, Air Force, and Ma- cer from active duty. designed to defray the costs for transportation rine Corps components of the United States Cen- ‘‘(3) If an officer is entitled to be paid under and other expenses incurred by the participant tral Command and Joint Task Force Southwest this section, but fails to provide sufficient infor- in connection with participation in the funeral Asia. mation in a timely manner regarding the offi- honors detail.’’; (c) PROHIBITION ON USE OF FUNDS FOR PRO- cer’s income when such information is requested (2) by inserting ‘‘(1)’’ after ‘‘(d) SUPPORT.—’’; CUREMENT OF ABAYAS.—Funds appropriated or under regulations prescribed under subsection (3) by redesignating paragraph (2) as sub- otherwise made available to the Department of (c), the period of time prescribed in paragraph paragraph (B); Defense may not be used to procure abayas for (2) shall be extended until 30 days after the date (4) in subparagraph (B), as so redesignated, regular or routine issuance to members of the on which the member provides the information by inserting ‘‘members of the armed forces in a Armed Forces serving in the Kingdom of Saudi requested. retired status and’’ after ‘‘training for’’; and Arabia or for any personnel of contractors ac- ‘‘(c) This section shall be administered under (5) by adding at the end the following: companying the Armed Forces in the Kingdom uniform regulations prescribed by the Secre- ‘‘(2) A stipend paid under paragraph (1)(A) to of Saudi Arabia in the performance of contracts taries concerned. The regulations may provide a member or former member of the armed forces entered into with such contractors by the for the method of determining an officer’s in- in a retired status shall be in addition to any United States.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2003. (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to become effective during fiscal year 2003 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. (b) INCREASE IN BASIC PAY.—Effective on January 1, 2003, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

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

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

O–10 2 ...... $0.00 $0.00 $0.00 $0.00 $0.00 O–9 ...... 0.00 0.00 0.00 0.00 0.00 O–8 ...... 7,474.50 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 July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5501 COMMISSIONED OFFICERS 1—Continued 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–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 O–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, 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

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 H5502 CONGRESSIONAL RECORD — HOUSE July 25, 2002 ENLISTED MEMBERS 1—Continued 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

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 3 ...... 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 3 ...... 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, the rate of basic pay for this grade is $5,732.70, regard- less 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.

SEC. 602. RATE OF BASIC ALLOWANCE FOR SUB- Armed Forces (without dependents) in tion 308d(c) of such title is amended by striking SISTENCE FOR ENLISTED PER- privatized housing higher rates of partial basic ‘‘December 31, 2002’’ and inserting ‘‘December SONNEL OCCUPYING SINGLE GOV- allowance for housing than those that are au- 31, 2003’’. ERNMENT QUARTERS WITHOUT ADE- thorized under paragraph (2) of such section (d) SELECTED RESERVE AFFILIATION BONUS.— QUATE AVAILABILITY OF MEALS. 403(n). Section 308e(e) of such title is amended by strik- (a) AUTHORITY TO PAY INCREASED RATE.— (b) MEMBERS IN PRIVATIZED HOUSING.—For ing ‘‘December 31, 2002’’ and inserting ‘‘Decem- Section 402(d) of title 37, United States Code, is the purposes of this section, a member of the ber 31, 2003’’. amended to read as follows: Armed Forces (without dependents) is a member (e) READY RESERVE ENLISTMENT AND REEN- ‘‘(d) SPECIAL RATE FOR ENLISTED MEMBERS of the Armed Forces (without dependents) in LISTMENT BONUS.—Section 308h(g) of such title OCCUPYING SINGLE QUARTERS WITHOUT ADE- privatized housing while the member is assigned is amended by striking ‘‘December 31, 2002’’ and QUATE AVAILABILITY OF MEALS.—The Secretary inserting ‘‘December 31, 2003’’. of Defense, and the Secretary of Transportation to housing that is acquired or constructed under the authority of subchapter IV of chapter 169 of (f) PRIOR SERVICE ENLISTMENT BONUS.—Sec- with respect to the Coast Guard when it is not tion 308i(f ) of such title is amended by striking operating as a service in the Navy, may pay an title 10, United States Code. REATMENT OF HOUSING AS GOVERNMENT ‘‘December 31, 2002’’ and inserting ‘‘December enlisted member the basic allowance for subsist- (c) T QUARTERS.—For purposes of section 403 of title 31, 2003’’. ence under this section at a monthly rate that is 37, United States Code, a member of the Armed SEC. 612. ONE-YEAR EXTENSION OF CERTAIN twice the amount in effect under subsection Forces (without dependents) in privatized hous- BONUS AND SPECIAL PAY AUTHORI- (b)(2) while— TIES FOR CERTAIN HEALTH CARE ‘‘(1) the member is assigned to single Govern- ing shall be treated as residing in quarters of the United States or a housing facility under PROFESSIONALS. ment quarters which have no adequate food (a) NURSE OFFICER CANDIDATE ACCESSION storage or preparation facility in the quarters; the jurisdiction of the Secretary of a military de- partment while a higher rate of partial allow- PROGRAM.—Section 2130a(a)(1) of title 10, and United States Code, is amended by striking ‘‘De- ‘‘(2) there is no Government messing facility ance for housing is paid for the member under this section. cember 31, 2002’’ and inserting ‘‘December 31, serving those quarters that is capable of making 2003’’. meals available to the occupants of the quar- (d) PAYMENT TO PRIVATE SOURCE.—The par- tial basic allowance for housing paid for a mem- (b) REPAYMENT OF EDUCATION LOANS FOR ters.’’. CERTAIN HEALTH PROFESSIONALS WHO SERVE IN (b) EFFECTIVE DATE.—Subsection (a) and the ber at a higher rate under this section may be paid directly to the private sector source of the THE SELECTED RESERVE.—Section 16302(d) of amendment made by such subsection shall take such title is amended by striking ‘‘January 1, effect on October 1, 2002. housing to whom the member is obligated to pay rent or other charge for residing in such hous- 2003’’ and inserting ‘‘January 1, 2004’’. SEC. 603. BASIC ALLOWANCE FOR HOUSING IN (c) ACCESSION BONUS FOR REGISTERED ing if the private sector source credits the CASES OF LOW-COST OR NO-COST NURSES.—Section 302d(a)(1) of title 37, United amount so paid against the amount owed by the MOVES. States Code, is amended by striking ‘‘December member for the rent or other charge. Section 403 of title 37, United States Code, is 31, 2002’’ and inserting ‘‘December 31, 2003’’. (e) TERMINATION OF AUTHORITY.—Rates pre- amended— (d) INCENTIVE SPECIAL PAY FOR NURSE ANES- (1) by transferring paragraph (7) of subsection scribed under subsection (a) may not be paid THETISTS.—Section 302e(a)(1) of such title is under the authority of this section in connec- (b) to the end of the section; and amended by striking ‘‘December 31, 2002’’ and (2) in such paragraph— tion with contracts that are entered into after inserting ‘‘December 31, 2003’’. (A) by striking ‘‘(7)’’ and all that follows December 31, 2007, for the construction or acqui- (e) SPECIAL PAY FOR SELECTED RESERVE through ‘‘circumstances of which make it nec- sition of housing under the authority of sub- HEALTH PROFESSIONALS IN CRITICALLY SHORT essary that the member be’’ and inserting ‘‘(o) chapter IV of chapter 169 of title 10, United WARTIME SPECIALTIES.—Section 302g(f ) of such TREATMENT OF LOW-COST AND NO-COST MOVES States Code. title is amended by striking ‘‘December 31, 2002’’ AS NOT BEING REASSIGNMENTS.—In the case of a Subtitle B—Bonuses and Special and and inserting ‘‘December 31, 2003’’. member who is assigned to duty at a location or Incentive Pays (f) ACCESSION BONUS FOR DENTAL OFFICERS.— under circumstances that make it necessary for Section 302h(a)(1) of such title is amended by the member to be’’; and SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORI- striking ‘‘December 31, 2002’’ and inserting ‘‘De- (B) by inserting ‘‘for the purposes of this sec- TIES FOR RESERVE FORCES. cember 31, 2003’’. tion’’ after ‘‘may be treated’’. (a) SELECTED RESERVE REENLISTMENT SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY SEC. 604. TEMPORARY AUTHORITY FOR HIGHER BONUS.—Section 308b(f ) of title 37, United AND BONUS AUTHORITIES FOR NU- RATES OF PARTIAL BASIC ALLOW- States Code, is amended by striking ‘‘December CLEAR OFFICERS. ANCE FOR HOUSING FOR CERTAIN MEMBERS ASSIGNED TO HOUSING 31, 2002’’ and inserting ‘‘December 31, 2003’’. (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OF- UNDER ALTERNATIVE AUTHORITY (b) SELECTED RESERVE ENLISTMENT BONUS.— FICERS EXTENDING PERIOD OF ACTIVE SERV- FOR ACQUISITION AND IMPROVE- Section 308c(e) of such title is amended by strik- ICE.—Section 312(e) of title 37, United States MENT OF MILITARY HOUSING. ing ‘‘December 31, 2002’’ and inserting ‘‘Decem- Code, is amended by striking ‘‘December 31, (a) AUTHORITY.—The Secretary of Defense ber 31, 2003’’. 2002’’ and inserting ‘‘December 31, 2003’’. may prescribe and, under section 403(n) of title (c) SPECIAL PAY FOR ENLISTED MEMBERS AS- (b) NUCLEAR CAREER ACCESSION BONUS.—Sec- 37, United States Code, pay for members of the SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Sec- tion 312b(c) of such title is amended by striking July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5503

‘‘December 31, 2002’’ and inserting ‘‘December (b) ANNUAL REPORT.—Not later than Feb- (2) by inserting after paragraph (1) the fol- 31, 2003’’. ruary 28 of each of 2004 and 2005, the Secretary lowing new paragraph (2): (c) NUCLEAR CAREER ANNUAL INCENTIVE of Defense shall submit to the Committees on ‘‘(2) In lieu of transportation authorized by BONUS.—Section 312c(d) of such title is amended Armed Services of the Senate and the House of this section, if a member is ordered to make a by striking ‘‘December 31, 2002’’ and inserting Representatives a report on the administration change of permanent station to Alaska, Hawaii, ‘‘December 31, 2003’’. of the authority under section 305b of title 37, Puerto Rico, the Northern Mariana Islands, SEC. 614. ONE-YEAR EXTENSION OF OTHER United States Code, as added by subsection (a). Guam, or any territory or possession of the BONUS AND SPECIAL PAY AUTHORI- The report shall include an assessment of the United States and laws, regulations, or other re- TIES. utility of that authority. strictions preclude transportation of a motor ve- (a) AVIATION OFFICER RETENTION BONUS.— SEC. 618. INCREASED MAXIMUM AMOUNTS FOR hicle described in subsection (a) to the new sta- Section 301b(a) of title 37, United States Code, is PRIOR SERVICE ENLISTMENT tion, the member may elect to have the vehicle amended by striking ‘‘December 31, 2002’’ and BONUS. stored at the expense of the United States at a inserting ‘‘December 31, 2003’’. Section 308i(b)(1) of title 37, United States location approved by the Secretary concerned.’’. (b) REENLISTMENT BONUS FOR ACTIVE MEM- Code, is amended— Subtitle D—Retirement and Survivor Benefit BERS.—Section 308(g) of such title is amended by (1) in subparagraph (A), by striking ‘‘$5,000’’ Matters striking ‘‘December 31, 2002’’ and inserting ‘‘De- and inserting ‘‘$8,000’’; cember 31, 2003’’. (2) in subparagraph (B), by striking ‘‘$2,500’’ SEC. 641. PAYMENT OF RETIRED PAY AND COM- PENSATION TO DISABLED MILITARY (c) ENLISTMENT BONUS FOR ACTIVE MEM- and inserting ‘‘$4,000’’; and RETIREES. BERS.—Section 309(e) of such title is amended by (3) in subparagraph (C), by striking ‘‘$2,000’’ (a) IN GENERAL.—Section 1414 of title 10, striking ‘‘December 31, 2002’’ and inserting ‘‘De- and inserting ‘‘$3,500’’. United States Code, is amended to read as fol- cember 31, 2003’’. Subtitle C—Travel and Transportation lows: (d) RETENTION BONUS FOR MEMBERS WITH Allowances CRITICAL MILITARY SKILLS.—Section 323(i) of SEC. 631. DEFERRAL OF TRAVEL IN CONNECTION ‘‘§ 1414. Members eligible for retired pay who such title is amended by striking ‘‘December 31, WITH LEAVE BETWEEN CONSECU- have service-connected disabilities: payment 2002’’ and inserting ‘‘December 31, 2003’’. TIVE OVERSEAS TOURS. of retired pay and veterans’ disability com- (e) ACCESSION BONUS FOR NEW OFFICERS IN (a) DATE TO WHICH TRAVEL MAY BE DE- pensation CRITICAL SKILLS.—Section 324(g) of such title is FERRED.—Section 411b(a)(2) of title 37, United ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND amended by striking ‘‘December 31, 2002’’ and States Code, is amended by striking ‘‘not more COMPENSATION.—Except as provided in sub- inserting ‘‘December 31, 2003’’. than one year’’ in the first sentence and all that section (b), a member or former member of the SEC. 615. INCREASED MAXIMUM AMOUNT PAY- follows through ‘‘operation ends.’’ in the second uniformed services who is entitled to retired pay ABLE AS MULTIYEAR RETENTION sentence and inserting the following: ‘‘the date (other than as specified in subsection (c)) and BONUS FOR MEDICAL OFFICERS OF on which the member departs the duty station in who is also entitled to veterans’ disability com- THE ARMED FORCES. termination of the consecutive tour of duty at pensation is entitled to be paid both without re- Section 301d(a)(2) of title 37, United States that duty station or reports to another duty sta- gard to sections 5304 and 5305 of title 38. Code, is amended by striking ‘‘$14,000’’ and in- tion under the order involved, as the case may ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER serting ‘‘$25,000’’. be.’’. RETIREES.—The retired pay of a member retired SEC. 616. INCREASED MAXIMUM AMOUNT PAY- (b) EFFECTIVE DATE AND SAVINGS PROVI- under chapter 61 of this title with 20 years or ABLE AS INCENTIVE SPECIAL PAY SION.—(1) The amendment made by subsection more of service otherwise creditable under sec- FOR MEDICAL OFFICERS OF THE (a) shall take effect on October 1, 2002. tion 1405 of this title at the time of the member’s ARMED FORCES. (2) Section 411b(a) of title 37, United States retirement is subject to reduction under sections Section 302(b)(1) of title 37, United States Code, as in effect on September 30, 2002, shall 5304 and 5305 of title 38, but only to the extent Code, is amended— continue to apply with respect to travel de- that the amount of the member’s retired pay (1) by striking ‘‘fiscal year 1992, and’’ in the scribed in subsection (a)(2) of such title (as in second sentence and inserting ‘‘fiscal year effect on such date) that commences before Oc- under chapter 61 of this title exceeds the amount 1992,’’; and tober 1, 2002. of retired pay to which the member would have been entitled under any other provision of law (2) by inserting before the period at the end of SEC. 632. TRANSPORTATION OF MOTOR VEHICLES such sentence the following: ‘‘and before fiscal FOR MEMBERS REPORTED MISSING. based upon the member’s service in the uni- year 2003, and $50,000 for any twelve-month pe- (a) AUTHORITY TO SHIP TWO MOTOR VEHI- formed services if the member had not been re- riod beginning after fiscal year 2002’’. CLES.—Subsection (a) of section 554 of title 37, tired under chapter 61 of this title. ‘‘(c) EXCEPTION.—Subsection (a) does not SEC. 617. ASSIGNMENT INCENTIVE PAY. United States Code, is amended by striking ‘‘one apply to a member retired under chapter 61 of (a) AUTHORITY.—(1) Chapter 5 of title 37, privately owned motor vehicle’’ both places it this title with less than 20 years of service other- United States Code, is amended by inserting appears and inserting ‘‘two privately owned wise creditable under section 1405 of this title at after section 305a the following new section: motor vehicles’’. (b) PAYMENTS FOR LATE DELIVERY.—Sub- the time of the member’s retirement. ‘‘§ 305b. Special pay: assignment incentive pay section (i) of such section is amended by adding ‘‘(d) DEFINITIONS.—In this section: ‘‘(a) AUTHORITY.—The Secretary concerned, at the end the following: ‘‘In a case in which ‘‘(1) The term ‘retired pay’ includes retainer with the concurrence of the Secretary of De- two motor vehicles of a member (or the depend- pay, emergency officers’ retirement pay, and fense, may pay monthly incentive pay under ent or dependents of a member) are transported naval pension. this section to a member of a uniformed service at the expense of the United States, no reim- ‘‘(2) The term ‘veterans’ disability compensa- for a period that the member performs service, bursement is payable under this subsection un- tion’ has the meaning given the term ‘compensa- while entitled to basic pay, in an assignment less both motor vehicles do not arrive at the au- tion’ in section 101(13) of title 38.’’. that is designated by the Secretary concerned. thorized destination of the vehicles by the des- (b) REPEAL OF SPECIAL COMPENSATION PRO- ‘‘(b) MAXIMUM RATE.—The maximum monthly ignated delivery date.’’. GRAM.—Section 1413 of such title is repealed. rate of incentive pay payable to a member under (c) APPLICABILITY.—The amendments made by (c) CONFORMING AMENDMENT.—Section 641(d) this section is $1,500. subsection (a) shall apply with respect to mem- of the National Defense Authorization Act for ‘‘(c) RELATIONSHIP TO OTHER PAY AND AL- bers whose eligibility for benefits under section Fiscal Year 2002 (Public Law 107–107; 115 Stat. LOWANCES.—Incentive pay paid to a member 554 of title 37, United States Code, commences on 1150; 10 U.S.C. 1414 note) is repealed. under this section is in addition to any other or after the date of the enactment of this Act. (d) CLERICAL AMENDMENTS.—The table of sec- pay and allowances to which the member is en- SEC. 633. DESTINATIONS AUTHORIZED FOR GOV- tions at the beginning of chapter 71 of title 10, titled. ERNMENT PAID TRANSPORTATION United States Code, is amended by striking the ‘‘(d) STATUS NOT AFFECTED BY TEMPORARY OF ENLISTED PERSONNEL FOR REST items relating to sections 1413 and 1414 and in- DUTY OR LEAVE.—The service of a member in an AND RECUPERATION UPON EXTEND- serting the following new item: assignment referred to in subsection (a) shall ING DUTY AT DESIGNATED OVER- ‘‘1414. Members eligible for retired pay who have not be considered discontinued during any pe- SEAS LOCATIONS. Section 705(b)(2) of title 10, United States service-connected disabilities: riod that the member is not performing service in payment of retired pay and vet- such assignment by reason of temporary duty Code, is amended by inserting before the period at the end the following: ‘‘, or to an alternative erans’ disability compensation.’’. performed by the member pursuant to orders or (e) EFFECTIVE DATE.—The amendments made absence of the member for authorized leave. destination at a cost not to exceed the cost of the round-trip transportation from the location by this section shall take effect on— ‘‘(e) TERMINATION OF AUTHORITY.—No assign- (1) the first day of the first month that begins ment incentive pay may be paid under this sec- of the extended tour of duty to such nearest port and return’’. after the date of the enactment of this Act; or tion for months beginning more than three years (2) the first day of the fiscal year that begins after the date of the enactment of the National SEC. 634. VEHICLE STORAGE IN LIEU OF TRANS- PORTATION TO CERTAIN AREAS OF in the calendar year in which this Act is en- Defense Authorization Act for Fiscal Year THE UNITED STATES OUTSIDE CON- acted, if later than the date specified in para- 2003.’’. TINENTAL UNITED STATES. graph (1). (2) The table of sections at the beginning of Section 2634(b) of title 10, United States Code, (f) PROHIBITION ON RETROACTIVE BENEFITS.— such chapter is amended by inserting after the is amended: No benefits may be paid to any person by reason item relating to section 305a the following new (1) by redesignating paragraphs (2), (3), and of section 1414 of title 10, United States Code, as item: (4) as paragraphs (3), (4), and (5), respectively; amended by subsection (a), for any period before ‘‘305b. Special pay: assignment incentive pay.’’. and the effective date specified in subsection (e). H5504 CONGRESSIONAL RECORD — HOUSE July 25, 2002 SEC. 642. INCREASED RETIRED PAY FOR EN- SEC. 653. STATUS OF OBLIGATION TO REFUND ‘‘(1) is serving on active duty in fulfillment of LISTED RESERVES CREDITED WITH EDUCATIONAL ASSISTANCE UPON the member’s first enlistment in the armed forces EXTRAORDINARY HEROISM. FAILURE TO PARTICIPATE SATISFAC- or, in the case of an officer, is serving on active (a) AUTHORITY.—Section 12739 of title 10, TORILY IN SELECTED RESERVE. duty and has not completed more than three Section 16135 of title 10, United States Code, is United States Code, is amended— years of service on active duty; amended by adding at the end the following (1) by redesignating subsections (b) and (c) as ‘‘(2) is the debtor on one or more unpaid loans new subsection: subsections (c) and (d), respectively; described in subsection (c); and ‘‘(c)(1) An obligation to pay a refund to the (2) by inserting after subsection (a) the fol- ‘‘(3) is not in default on any such loan. United States under subsection (a)(1)(B) in an lowing new subsection (b): ‘‘(c) STUDENT LOANS.—The authority to make amount determined under subsection (b) is, for ‘‘(b) If an enlisted member retired under sec- payments under subsection (a) may be exercised tion 12731 of this title has been credited by the all purposes, a debt owed to the United States. ‘‘(2) A discharge in bankruptcy under title 11 with respect to the following loans: Secretary concerned with extraordinary heroism ‘‘(1) A loan made, insured, or guaranteed in the line of duty, the member’s retired pay that is entered for a person less than five years after the termination of the person’s enlistment under part B of title IV of the Higher Education shall be increased by 10 percent of the amount Act of 1965 (20 U.S.C. 1071 et seq.). determined under subsection (a). The Sec- or other service described in subsection (a) does not discharge the person from a debt arising ‘‘(2) A loan made under part D of such title retary’s determination as to extraordinary her- (20 U.S.C. 1087a et seq.). oism is conclusive for all purposes.’’; and under this section with respect to that enlist- ment or other service.’’. ‘‘(3) A loan made under part E of such title (3) in subsection (c), as redesignated by para- (20 U.S.C. 1087aa et seq.). graph (1), by striking ‘‘amount computed under SEC. 654. PROHIBITION ON ACCEPTANCE OF HONORARIA BY PERSONNEL AT CER- ‘‘(d) MAXIMUM BENEFIT.—The months for subsection (a),’’ and inserting ‘‘total amount of which interest and any special allowance may the monthly retired pay computed under sub- TAIN DEPARTMENT OF DEFENSE SCHOOLS. be paid on behalf of a member of the armed sections (a) and (b)’’. (a) REPEAL OF EXEMPTION.—Section 542 of the forces under this section are any 36 consecutive (b) EFFECTIVE DATE.—The amendments made National Defense Authorization Act for Fiscal months during which the member is eligible by subsection (a) shall take effect on October 1, Year 1993 (Public Law 102–484; 106 Stat. 2413; 10 under subsection (b). 2002, and shall apply with respect to retired pay U.S.C. prec. 2161 note) is repealed. ‘‘(e) FUNDS FOR PAYMENTS.—Appropriations for months beginning on or after that date. (b) EFFECTIVE DATE AND APPLICABILITY.—The available for the pay and allowances of military SEC. 643. EXPANDED SCOPE OF AUTHORITY TO amendment made by subsection (a) shall take ef- personnel shall be available for payments under WAIVE TIME LIMITATIONS ON fect on October 1, 2002, and shall apply with re- this section. CLAIMS FOR MILITARY PERSONNEL BENEFITS. spect to appearances made, speeches presented, ‘‘(f) COORDINATION.—(1) The Secretary of De- fense and, with respect to the Coast Guard (a) AUTHORITY.—Section 3702(e)(1) of title 31, and articles published on or after that date. United States Code, is amended by striking ‘‘a SEC. 655. RATE OF EDUCATIONAL ASSISTANCE when it is not operating as a service in the claim for pay, allowances, or payment for un- UNDER MONTGOMERY GI BILL OF Navy, the Secretary of Transportation shall DEPENDENTS TRANSFERRED ENTI- consult with the Secretary of Education regard- used accrued leave under title 37 or a claim for TLEMENT BY MEMBERS OF THE retired pay under title 10’’ and inserting ‘‘a ing the administration of the authority under ARMED FORCES WITH CRITICAL this section. claim referred to in subsection (a)(1)(A)’’. SKILLS. ‘‘(2) The Secretary concerned shall transfer to (b) APPLICABILITY.—The amendment made by (a) CLARIFICATION.—Section 3020(h) of title 38, the Secretary of Education the funds subsection (a) shall apply with respect to claims United States Code, is amended— necessary— presented to the Secretary of Defense under sec- (1) in paragraph (2)— tion 3702 of title 31, United States Code, on or (A) by striking ‘‘paragraphs (4) and (5)’’ and ‘‘(A) to pay interest and special allowances on after the date of the enactment of this Act. inserting ‘‘paragraphs (5) and (6)’’; and student loans under this section (in accordance with sections 428(o) and 464(j) of the Higher Subtitle E—Other Matters (B) by striking ‘‘and at the same rate’’; (2) by redesignating paragraphs (3) through Education Act of 1965 (20 U.S.C. 1078(o) and SEC. 651. ADDITIONAL AUTHORITY TO PROVIDE (6) as paragraphs (4) through (7), respectively; 1087dd(j)); and ASSISTANCE FOR FAMILIES OF MEM- and ‘‘(B) to reimburse the Secretary of Education BERS OF THE ARMED FORCES. (3) by inserting after paragraph (2) the fol- for any reasonable administrative costs incurred (a) AUTHORITY.—(1) Subchapter I of chapter lowing new paragraph (3): by the Secretary in coordinating the program 88 of title 10, United States Code, is amended by ‘‘(3)(A) Subject to subparagraph (B), the under this section with the administration of adding at the end the following new section: monthly rate of educational assistance payable the student loan programs under parts B, D, ‘‘§ 1788. Additional family assistance to a dependent to whom entitlement is trans- and E of title IV of the Higher Education Act of ‘‘(a) AUTHORITY.—The Secretary of Defense ferred under this section shall be the monthly 1965. may provide for the families of members of the amount payable under sections 3015 and 3022 of ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this armed forces serving on active duty, in addition this title to the individual making the transfer. section, the term ‘special allowance’ means a to any other assistance available for such fami- ‘‘(B) The monthly rate of assistance payable special allowance that is payable under section lies, any assistance that the Secretary considers to a dependent under subparagraph (A) shall be 438 of the Higher Education Act of 1965 (20 appropriate to ensure that the children of such subject to the provisions of section 3032 of this U.S.C. 1087–1).’’. members obtain needed child care, education, title, except that the provisions of subsection (2) The table of sections at the beginning of and other youth services. (a)(1) of that section shall not apply even if the such chapter is amended by adding at the end ‘‘(b) PRIMARY PURPOSE OF ASSISTANCE.—The individual making the transfer to the dependent the following new item: assistance authorized by this section should be under this section is on active duty during all or ‘‘2174. Interest payment program: members on directed primarily toward providing needed fam- any part of enrollment period of the dependent active duty.’’. ily support, including child care, education, and in which such entitlement is used.’’. (b) FEDERAL FAMILY EDUCATION LOANS AND other youth services, for children of members of (b) EFFECTIVE DATE.—The amendments made DIRECT LOANS.—(1) Subsection (c)(3) of section the Armed Forces who are deployed, assigned to by subsection (a) shall take effect as if included 428 of the Higher Education Act of 1965 (20 duty, or ordered to active duty in connection in the enactment of the National Defense Au- U.S.C. 1078) is amended— with a contingency operation.’’. thorization Act for Fiscal Year 2002 (Public Law (A) in clause (i) of subparagraph (A)— (2) The table of sections at the beginning of 107–107), to which such amendments relate. (i) by striking ‘‘or’’ at the end of subclause such subchapter is amended by adding at the SEC. 656. PAYMENT OF INTEREST ON STUDENT (II); end the following new item: LOANS. (ii) by inserting ‘‘or’’ at the end of subclause ‘‘1788. Additional family assistance.’’. (a) AUTHORITY.—(1) Chapter 109 of title 10, (III); and United States Code, is amended by adding at the (b) EFFECTIVE DATE.—Section 1788 of title 10, (iii) by adding at the end the following new United States Code, as added by subsection (a), end the following new section: subclause: shall take effect on October 1, 2002. ‘‘§ 2174. Interest payment program: members ‘‘(IV) is eligible for interest payments to be SEC. 652. TIME LIMITATION FOR USE OF MONT- on active duty made on such loan for service in the Armed GOMERY GI BILL ENTITLEMENT BY ‘‘(a) AUTHORITY.—(1) The Secretary con- Forces under section 2174 of title 10, United MEMBERS OF THE SELECTED RE- cerned may pay in accordance with this section States Code, and, pursuant to that eligibility, SERVE. the interest and any special allowances that ac- the interest is being paid on such loan under (a) EXTENSION OF LIMITATION PERIOD.—Sec- crue on one or more student loans of an eligible subsection (o);’’; tion 16133(a)(1) of title 10, United States Code, is member of the armed forces. (B) in clause (ii)(II) of subparagraph (A), by amended by striking ‘‘10-year’’ and inserting ‘‘(2) The Secretary of a military department inserting ‘‘or (i)(IV)’’ after ‘‘clause (i)(II)’’; and ‘‘14-year’’. may exercise the authority under paragraph (1) (C) by striking subparagraph (C) and insert- (b) EFFECTIVE DATE AND APPLICABILITY.—The only if approved by the Secretary of Defense ing the following: amendment made by subsection (a) shall take ef- and subject to such requirements, conditions, ‘‘(C) shall contain provisions that specify fect on October 1, 2002, and shall apply with re- and restrictions as the Secretary of Defense may that— spect to periods of entitlement to educational as- prescribe. ‘‘(i) the form of forbearance granted by the sistance under chapter 1606 of title 10, United ‘‘(b) ELIGIBLE PERSONNEL.—A member of the lender pursuant to this paragraph, other than States Code, that begin on or after October 1, armed forces is eligible for the benefit under subparagraph (A)(i)(IV), shall be temporary ces- 1992. subsection (a) while the member— sation of payments, unless the borrower selects July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5505 forbearance in the form of an extension of time fined in section 101(d) of title 10, United States member’’ and inserting ‘‘dependents described in for making payments, or smaller payments than Code) on or after that date. paragraph (3)’’; were previously scheduled; and SEC. 657. MODIFICATION OF AMOUNT OF BACK (2) by redesignating paragraph (3) as para- ‘‘(ii) the form of forbearance granted by the PAY FOR MEMBERS OF NAVY AND graph (4); and lender pursuant to subparagraph (A)(i)(IV) MARINE CORPS SELECTED FOR PRO- (3) by inserting after paragraph (2), the fol- shall be the temporary cessation of all payments MOTION WHILE INTERNED AS PRIS- lowing new paragraph (3): on the loan other than payments of interest on ONERS OF WAR DURING WORLD WAR ‘‘(3) This subsection applies with respect to a the loan, and payments of any special allow- II TO TAKE INTO ACCOUNT CHANGES dependent referred to in subsection (a) who— IN CONSUMER PRICE INDEX. ance payable with respect to the loan under sec- ‘‘(A) is a dependent of a member of the uni- (a) MODIFICATION.—Section 667(c) of the tion 438 of this Act, that are made under sub- formed services referred to in section 1074(c)(3) Floyd D. Spence National Defense Authoriza- section (o); and’’. of this title and is residing with the member; or tion Act for Fiscal Year 2001 (as enacted into (2) Section 428 of such Act is further amended ‘‘(B) is a dependent of a member who, after law by Public Law 106–398; 114 Stat. 1654A–170) by adding at the end the following new sub- having served in a duty assignment described in is amended by adding at the end the following section: section 1074(c)(3) of this title, has relocated new paragraph: ‘‘(o) ARMED FORCES STUDENT LOAN INTEREST without the dependent pursuant to orders for a ‘‘(3) The amount determined for a person PAYMENT PROGRAM.— permanent change of duty station from a remote ‘‘(1) AUTHORITY.—Using funds received by under paragraph (1) shall be increased to reflect location described in subparagraph (B)(ii) of transfer to the Secretary under section 2174 of increases in cost of living since the basic pay re- such section where the member and the depend- title 10, United States Code, for the payment of ferred to in paragraph (1)(B) was paid to or for ent resided together while the member served in interest and any special allowance on a loan to that person, calculated on the basis of the Con- such assignment, if the orders do not authorize a member of the Armed Forces that is made, in- sumer Price Index (all items—United States city dependents to accompany the member to the sured, or guaranteed under this part, the Sec- average) published monthly by the Bureau of new duty station at the expense of the United retary shall pay the interest and special allow- Labor Statistics.’’. States and the dependent continues to reside at ance on such loan as due for a period not in ex- (b) RECALCULATION OF PREVIOUS PAYMENTS.— the same remote location.’’. cess of 36 consecutive months. The Secretary In the case of any payment of back pay made to SEC. 704. APPROVAL OF MEDICARE PROVIDERS may not pay interest or any special allowance or for a person under section 667 of the Floyd D. AS TRICARE PROVIDERS. on such a loan out of any funds other than Spence National Defense Authorization Act for Section 1079 of title 10, United States Code, is funds that have been so transferred. Fiscal Year 2001 before the date of the enact- amended by adding at the end the following ‘‘(2) FORBEARANCE.—During the period in ment of this Act, the Secretary of the Navy new subsection: which the Secretary is making payments on a shall— ‘‘(q) A physician or other health care practi- loan under paragraph (1), the lender shall grant (1) recalculate the amount of back pay to tioner who is eligible to receive reimbursement the borrower forbearance in accordance with which the person is entitled by reason of the for services provided under the Medicare Pro- the guaranty agreement under subsection amendment made by subsection (a); and gram under title XVIII of the Social Security (c)(3)(A)(i)(IV). (2) if the amount of back pay, as so recal- Act (42 U.S.C. 1395 et seq.) shall be considered ‘‘(3) SPECIAL ALLOWANCE DEFINED.—For the culated, exceeds the amount of back pay so approved to provide medical care under this sec- purposes of this subsection, the term ‘special al- paid, pay the person, or the surviving spouse of tion and section 1086 of this title.’’. lowance’, means a special allowance that is the person, an amount equal to the excess. SEC. 705. CLAIMS INFORMATION. payable with respect to a loan under section 438 TITLE VII—HEALTH CARE (a) CORRESPONDENCE TO MEDICARE CLAIMS of this Act.’’. SEC. 701. ELIGIBILITY OF SURVIVING DEPEND- INFORMATION REQUIREMENTS.—Section 1095c of (c) FEDERAL PERKINS LOANS.—Section 464 of ENTS FOR TRICARE DENTAL PRO- title 10, United States Code, is amended by add- the Higher Education Act of 1965 (20 U.S.C. GRAM BENEFITS AFTER DIS- ing at the end the following new subsection: 1087dd) is amended— CONTINUANCE OF FORMER ENROLL- ‘‘(d) CORRESPONDENCE TO MEDICARE CLAIMS (1) in subsection (e)— MENT. INFORMATION REQUIREMENTS.—The Secretary of (A) by striking ‘‘or’’ at the end of paragraph Section 1076a(k)(2) of title 10, United States Defense, in consultation with the other admin- (1); Code, is amended by striking ‘‘if the dependent istering Secretaries, shall limit the requirements (B) by striking the period at the end of para- is enrolled on the date of the death of the mem- for information in support of claims for payment graph (2) and inserting ‘‘; or’’; and bers in a dental benefits plan established under for health care items and services provided (C) by adding at the end the following new subsection (a)’’ and inserting ‘‘if, on the date of under the TRICARE program so that the infor- paragraph: the death of the member, the dependent is en- mation required under the program is substan- ‘‘(3) the borrower is eligible for interest pay- rolled in a dental benefits plan established tially the same as the information that would be ments to be made on such loan for service in the under subsection (a) or is not enrolled in such a required for claims for reimbursement for those Armed Forces under section 2174 of title 10, plan by reason of a discontinuance of a former items and services under title XVIII of the So- United States Code, and, pursuant to that eligi- enrollment under subsection (f)’’. cial Security Act (42 U.S.C. 1395 et seq.).’’. bility, the interest on such loan is being paid SEC. 702. ADVANCE AUTHORIZATION FOR INPA- (b) APPLICABILITY.—The Secretary of Defense, under subsection (j), except that the form of a TIENT MENTAL HEALTH SERVICES. in consultation with the other administering forbearance under this paragraph shall be a Section 1079(i)(3) of title 10, United States Secretaries referred to in section 1072(3) of title temporary cessation of all payments on the loan Code, is amended— 10, United States Code, shall apply the limita- other than payments of interest on the loan that (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; tions required under subsection (d) of section are made under subsection (j).’’; and (2) by striking ‘‘Except in the case of an emer- 1095c of such title (as added by subsection (a)) (2) by adding at the end the following new gency,’’ and inserting ‘‘Except as provided in with respect to contracts entered into under the subsection: subparagraphs (B) and (C),’’; and TRICARE program on or after October 1, 2002. ‘‘(j) ARMED FORCES STUDENT LOAN INTEREST (3) by adding at the end the following new SEC. 706. DEPARTMENT OF DEFENSE MEDICARE- PAYMENT PROGRAM.— subparagraph: ELIGIBLE RETIREE HEALTH CARE ‘‘(1) AUTHORITY.—Using funds received by ‘‘(B) Preadmission authorization for inpatient FUND. transfer to the Secretary under section 2174 of mental health services is not required under (a) SOURCE OF FUNDS FOR MONTHLY ACCRUAL title 10, United States Code, for the payment of subparagraph (A) in the case of an emergency. PAYMENTS INTO THE FUND.—Section 1116(c) of interest on a loan made under this part to a ‘‘(C) Preadmission authorization for inpatient title 10, United States Code, is amended by strik- member of the Armed Forces, the Secretary shall mental health services is not required under ing ‘‘health care programs’’ and inserting ‘‘pay pay the interest on the loan as due for a period subparagraph (A) in a case in which any bene- of members’’. not in excess of 36 consecutive months. The Sec- fits are payable for such services under part A (b) MANDATORY PARTICIPATION OF OTHER retary may not pay interest on such a loan out of title XVIII of the Social Security Act (42 UNIFORMED SERVICES.—Section 1111(c) of such of any funds other than funds that have been so U.S.C. 1395c et seq.). The Secretary shall re- title is amended— transferred. quire, however, advance authorization for the (1) in the first sentence, by striking ‘‘may ‘‘(2) FORBEARANCE.—During the period in continued provision of the inpatient mental enter into an agreement with any other admin- which the Secretary is making payments on a health services after benefits cease to be payable istering Secretary’’ and inserting ‘‘shall enter loan under paragraph (1), the institution of for such services under part A of such title in into an agreement with each other admin- higher education shall grant the borrower for- such case.’’. istering Secretary’’; and bearance in accordance with subsection (e)(3).’’. SEC. 703. CONTINUED TRICARE ELIGIBILITY OF (2) in the second sentence, by striking ‘‘Any (d) EFFECTIVE DATE.—The amendments made DEPENDENTS RESIDING AT REMOTE such’’ and inserting ‘‘The’’. by this section shall apply with respect to inter- LOCATIONS AFTER DEPARTURE OF SEC. 707. TECHNICAL CORRECTIONS RELATING est, and any special allowance under section 438 SPONSORS FOR UNACCOMPANIED TO TRANSITIONAL HEALTH CARE of the Higher Education Act of 1965, that accrue ASSIGNMENTS. FOR MEMBERS SEPARATED FROM for months beginning on or after October 1, Section 1079(p) of title 10, United States Code, ACTIVE DUTY. 2003, on student loans described in subsection is amended— (a) CONTINUED APPLICABILITY TO DEPEND- (c) of section 2174 of title 10, United States Code (1) in paragraph (1), by striking ‘‘dependents ENTS.—Subsection (a)(1) of section 736 of the (as added by subsection (a)), that were made be- referred to in subsection (a) of a member of the National Defense Authorization Act for Fiscal fore, on, or after such date to members of the uniformed services referred to in section Year 2002 (Public Law 107–107; 115 Stat. 1172) is Armed Forces who are on active duty (as de- 1074(c)(3) of this title who are residing with the amended to read as follows: H5506 CONGRESSIONAL RECORD — HOUSE July 25, 2002 ‘‘(1) in paragraph (1), by striking ‘paragraph because of production efficiencies or other cost Chiefs of Staff Instruction 3170.01B, and other (2), a member’ and all that follows through ‘of reductions. provisions of law and regulations applicable to the member),’ and inserting ‘paragraph (3), a ‘‘(3) The amount of the funds used for the ac- incremental acquisition programs. member of the armed forces who is separated quisition of the higher quantity of the end item (b) CONTENT OF REPORT.—The report shall, at from active duty as described in paragraph (2) will not exceed the amount provided under that a minimum, address the following matters: (and the dependents of the member)’;’’. law for the acquisition of the end item. (1) The manner in which the Secretary plans (b) CLARIFICATION REGARDING THE COAST ‘‘(4) The amount so provided is sufficient to to establish and approve, for each increment of GUARD.—Subsection (b)(2) of such section is ensure that each unit of the end item acquired an incremental acquisition program— amended to read as follows: within the higher quantity is fully funded as a (A) operational requirements; and ‘‘(2) in subsection (e)— complete end item. (B) cost and schedule goals. ‘‘(A) by striking the first sentence; and ‘‘(b) REGULATIONS.—The Secretary of Defense (2) The manner in which the Secretary plans, ‘‘(B) by striking ‘the Coast Guard’ in the sec- shall prescribe regulations for the administra- for each increment of an incremental acquisition ond sentence and inserting ‘the members of the tion of this section. The regulations shall in- program— Coast Guard and their dependents’.’’. clude, at a minimum, the following: (A) to meet requirements for operational test- (c) EFFECTIVE DATE.—The amendments made ‘‘(1) The level of approval within the Depart- ing and live fire testing; by this section shall take effect as of December ment of Defense that is required for a decision (B) to monitor cost and schedule performance; 28, 2001, and as if included in the National De- to acquire a higher quantity of an end item and fense Authorization Act for Fiscal Year 2002 as under subsection (a). (C) to comply with laws requiring reports to enacted. ‘‘(2) Authority to exceed by up to 10 percent Congress on results testing and on cost and schedule performance. SEC. 708. EXTENSION OF TEMPORARY AUTHORITY the quantity of an end item approved in a jus- FOR ENTERING INTO PERSONAL tification and approval of the use of procedures (3) The manner in which the Secretary plans SERVICES CONTRACTS FOR THE other than competitive procedures for the acqui- to ensure that each increment of an incremental PERFORMANCE OF HEALTH CARE sition of the end item under section 2304 of this acquisition program is designed— RESPONSIBILITIES FOR THE ARMED title, but only to the extent necessary to acquire (A) to achieve interoperability within and FORCES AT LOCATIONS OTHER a quantity of the end item permitted in the exer- among United States forces and United States THAN MILITARY MEDICAL TREAT- coalition partners; and MENT FACILITIES. cise of authority under subsection (a). ‘‘(c) NOTIFICATION OF CONGRESS.—The head (B) to optimize total system performance and Section 1091(a)(2) of title 10, United States of an agency is not required to notify Congress minimize total ownership costs by giving appro- Code, is amended by striking ‘‘December 31, in advance regarding a decision under the au- priate consideration to— 2002’’ and inserting ‘‘December 31, 2003’’. thority of this section to acquire a higher quan- (i) logistics planning; SEC. 709. RESTORATION OF PREVIOUS POLICY tity of an end item than is specified in a law de- (ii) manpower, personnel, and training; REGARDING RESTRICTIONS ON USE scribed in subsection (a), but shall notify the (iii) human, environmental, safety, occupa- OF DEPARTMENT OF DEFENSE MED- tional health, accessibility, survivability, oper- ICAL FACILITIES. congressional defense committees of the decision not later than 30 days after the date of the deci- ational continuity, and security factors; Section 1093 of title 10, United States Code, is (iv) protection of critical program information; sion. amended— and ‘‘(d) WAIVER BY OTHER LAW.—A provision of (1) by striking subsection (b); and (v) spectrum management. law may not be construed as prohibiting the ac- (2) in subsection (a), by striking ‘‘RESTRICTION (c) DEFINITIONS.—In this section: quisition of a higher quantity of an end item ON USE OF FUNDS.—’’. (1) The term ‘‘incremental acquisition pro- under this section unless that provision of law— SEC. 710. HEALTH CARE UNDER TRICARE FOR gram’’ means an acquisition program that is to ‘‘(1) specifically refers to this section; and TRICARE BENEFICIARIES RECEIVING be conducted in discrete phases or blocks, with ‘‘(2) specifically states that the acquisition of MEDICAL CARE AS VETERANS FROM each phase or block consisting of the planned the higher quantity of the end item is prohibited THE DEPARTMENT OF VETERANS AF- production and acquisition of one or more units FAIRS. notwithstanding the authority provided in this of a major system. section. Section 1097 of title 10, United States Code, is (2) The term ‘‘increment’’ refers to one of the ‘‘(e) DEFINITIONS.—(1) For the purposes of amended by adding at the end the following discrete phases or blocks of an incremental ac- this section, a quantity of an end item shall be new subsection: quisition program. considered specified in a law if the quantity is ‘‘(f) PERSONS RECEIVING MEDICAL CARE FROM (3) The term ‘‘major system’’ has the meaning specified either in a provision of that law or in THE DEPARTMENT OF VETERANS AFFAIRS.—A given such term in section 2302(5) of title 10, any related representation that is set forth sepa- covered beneficiary who is enrolled in and seeks United States Code. care under the TRICARE program may not be rately in a table, chart, or explanatory text in- cluded in a joint explanatory statement or gov- SEC. 803. PILOT PROGRAM FOR SPIRAL DEVELOP- denied such care on the ground that the covered MENT OF MAJOR SYSTEMS. beneficiary is receiving health care from the De- erning committee report accompanying the law. (a) AUTHORITY.—The Secretary of Defense is ‘‘(2) In this section: partment of Veterans Affairs on an ongoing authorized to conduct a pilot program for the basis if the Department of Veterans Affairs can- ‘‘(A) The term ‘congressional defense commit- tees’ means— spiral development of major systems and to des- not provide the covered beneficiary with the ignate research and development programs of particular care sought by the covered bene- ‘‘(i) the Committee on Armed Services and the Committee on Appropriations of the Senate; and the military departments and Defense Agencies ficiary within the maximum period provided in to participate in the pilot program. the access to care standards that are applicable ‘‘(ii) the Committee on Armed Services and the (b) DESIGNATION OF PARTICIPATING PRO- to that particular care under TRICARE program Committee on Appropriations of the House of GRAMS.—(1) A research and development pro- policy.’’. Representatives. ‘‘(B) The term ‘head of an agency’ means the gram for a major system of a military depart- TITLE VIII—ACQUISITION POLICY, ACQUI- Secretary of Defense, the Secretary of the Army, ment or Defense Agency may be conducted as a SITION MANAGEMENT, AND RELATED the Secretary of the Navy, and the Secretary of spiral development program only if the Sec- MATTERS the Air Force.’’. retary of Defense approves a spiral development Subtitle A—Major Defense Acquisition (2) The table of sections at the beginning of plan submitted by the Secretary of that military Programs such chapter is amended by adding at the end department or head of that Defense Agency, as the case may be, and designates the program as SEC. 801. BUY-TO-BUDGET ACQUISITION OF END the following new item: a participant in the pilot program under this ITEMS. ‘‘2228. Buy-to-budget acquisition: end items.’’. (a) AUTHORITY.—(1) Chapter 131 of title 10, section. (b) TIME FOR ISSUANCE OF FINAL REGULA- United States Code, is amended by adding at the (2) The Secretary of Defense shall submit a TIONS.—The Secretary of Defense shall issue the end the following new section: copy of each spiral development plan approved final regulations under section 2228(b) of title under this section to the congressional defense ‘‘§ 2228. Buy-to-budget acquisition: end items 10, United States Code (as added by subsection committees. ‘‘(a) AUTHORITY TO ACQUIRE ADDITIONAL END (a)), not later than 120 days after the date of (c) SPIRAL DEVELOPMENT PLANS.—A spiral de- ITEMS.—Using funds available to the Depart- the enactment of this Act. velopment plan for a participating program ment of Defense for the acquisition of an end SEC. 802. REPORT TO CONGRESS ON INCRE- shall, at a minimum, include the following mat- item, the head of agency making the acquisition MENTAL ACQUISITION OF MAJOR ters: may acquire a higher quantity of the end item SYSTEMS. (1) A rationale for dividing the program into than the quantity specified for the end item in (a) REPORT REQUIRED.—Not later than 120 separate spirals, together with a preliminary a law providing for the funding of that acquisi- days after the date of the enactment of this Act, identification of the spirals to be included. tion if that head of an agency makes each of the the Secretary of Defense shall submit to the con- (2) A program strategy, including overall cost, following findings: gressional defense committees a report on the schedule, and performance goals for the total ‘‘(1) The agency has an established require- approach that the Secretary plans to take to ap- program. ment for the end item that is expected to remain plying the requirements of chapter 144 of title (3) Specific cost, schedule, and performance substantially unchanged throughout the period 10, United States Code, sections 139, 181, 2366, parameters, including measurable exit criteria, of the acquisition. 2399, and 2400 of such title, Department of De- for the first spiral to be conducted. ‘‘(2) It is possible to acquire the higher quan- fense Directive 5000.1, Department of Defense (4) A testing plan to ensure that performance tity of the end item without additional funding Instruction 5000.2, and Chairman of the Joint goals, parameters, and exit criteria are met. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5507 (5) An appropriate limitation on the number a military department or head of a Defense SEC. 805. INDEPENDENT TECHNOLOGY READI- of prototype units that may be produced under Agency to continue to conduct, as a spiral de- NESS ASSESSMENTS. the program. velopment program, any research and develop- Section 804(b) of the National Defense Author- (6) Specific performance parameters, including ment program that was designated to participate ization Act for Fiscal Year 2002 (Public Law measurable exit criteria, that must be met before in the pilot program before the date on which 107–107; 115 Stat. 1180) is amended— the program proceeds into production of units in the pilot program terminates. In the continued (1) by striking ‘‘and’’ at the end of paragraph excess of the limitation on the number of proto- conduct of such a research and development (1); type units. program as a spiral development program on (2) by striking the period at the end of para- (d) GUIDANCE.—Not later than 120 days after and after such date, the spiral development plan graph (2) and inserting ‘‘; and’’; and the date of the enactment of this Act, the Sec- approved for the program, the guidance issued (3) by adding at the end the following new retary of Defense shall issue guidance for the under subsection (d), and subsections (e), (f), paragraph: implementation of the spiral development pilot and (g) shall continue to apply. ‘‘(3) identify each case in which an authori- program authorized by this section. The guid- (i) DEFINITIONS.—In this section: tative decision has been made within the De- ance shall, at a minimum, include the following (1) The term ‘‘spiral development program’’ partment of Defense not to conduct an inde- matters: means a research and development program pendent technology readiness assessment for a (1) A process for the development, review, and that— critical technology on a major defense acquisi- approval of each spiral development plan sub- (A) is conducted in discrete phases or blocks, tion program and explain the reasons for the de- mitted by the Secretary of a military department each of which will result in the development of cision.’’. or head of a Defense Agency. fieldable prototypes; and SEC. 806. TIMING OF CERTIFICATION IN CONNEC- (2) A process for establishing and approving (B) will not proceed into acquisition until spe- TION WITH WAIVER OF SURVIV- specific cost, schedule, and performance param- cific performance parameters, including measur- ABILITY AND LETHALITY TESTING eters, including measurable exit criteria, for spi- able exit criteria, have been met. REQUIREMENTS. rals to be conducted after the first spiral. (2) The term ‘‘spiral’’ means one of the dis- (a) CERTIFICATION FOR EXPEDITED PRO- (3) Appropriate planning, testing, reporting, crete phases or blocks of a spiral development GRAMS.—Paragraph (1) of subsection (c) of sec- oversight, and other requirements to ensure that program. tion 2366 of title 10, United States Code, is the spiral development program— (3) The term ‘‘major system’’ has the meaning amended to read as follows: (A) satisfies realistic and clearly-defined per- ‘‘(1) The Secretary of Defense may waive the formance standards, cost objectives, and sched- given such term in section 2302(5) of title 10, United States Code. application of the survivability and lethality ule parameters (including measurable exit cri- tests of this section to a covered system, muni- teria for each spiral); (4) The term ‘‘participating program’’ means a research and development program that is des- tions program, missile program, or covered prod- (B) achieve interoperability within and among uct improvement program if the Secretary deter- United States forces and United States coalition ignated to participate in the pilot program under subsection (b). mines that live-fire testing of such system or partners; and program would be unreasonably expensive and (C) optimize total system performance and SEC. 804. IMPROVEMENT OF SOFTWARE ACQUISI- impractical and submits a certification of that minimize total ownership costs by giving appro- TION PROCESSES. determination to Congress— priate consideration to— (a) ESTABLISHMENT OF PROGRAMS.—(1) The ‘‘(A) before Milestone B approval for the sys- (i) logistics planning; Secretary of each military department shall es- tem or program; or (ii) manpower, personnel, and training; tablish a program to improve the software acqui- ‘‘(B) in the case of a system or program initi- (iii) human, environmental, safety, occupa- sition processes of that military department. ated at— tional health, accessibility, survivability, oper- (2) The head of each Defense Agency that ‘‘(i) Milestone B, as soon as is practicable ational continuity, and security factors; manages a major defense acquisition program after the Milestone B approval; or (iv) protection of critical program information; with a substantial software component shall es- ‘‘(ii) Milestone C, as soon as is practicable and tablish a program to improve the software acqui- after the Milestone C approval.’’. (v) spectrum management. sition processes of that Defense Agency. (4) A process for independent validation of the (b) DEFINITIONS.—Subsection (e) of such sec- (3) The programs required by this subsection satisfaction of exit criteria and other relevant tion is amended by adding at the end the fol- shall be established not later than 120 days after requirements. lowing new paragraphs: the date of the enactment of this Act. (5) A process for operational testing of ‘‘(8) The term ‘Milestone B approval’ means a (b) PROGRAM REQUIREMENTS.—A program to fieldable prototypes to be conducted before or in decision to enter into system development and improve software acquisition processes under conjunction with the fielding of the prototypes. demonstration pursuant to guidance prescribed this section shall, at a minimum, include the fol- (e) REPORTING REQUIREMENT.—The Secretary by the Secretary of Defense for the management lowing: shall submit to Congress at the end of each of Department of Defense acquisition programs. (1) A documented process for software acquisi- quarter of a fiscal year a status report on each ‘‘(9) The term ‘Milestone C approval’ means a tion planning, requirements development and research and development program that is a decision to enter into production and deploy- management, project management and over- participant in the pilot program. The report ment pursuant to guidance prescribed by the sight, and risk management. shall contain information on unit costs that is Secretary of Defense for the management of De- (2) Efforts to develop systems for performance similar to the information on unit costs under partment of Defense acquisition programs.’’. major defense acquisition programs that is re- measurement and continual process improve- Subtitle B—Procurement Policy Improvements quired to be provided to Congress under chapter ment. 144 of title 10, United States Code, except that (3) A system for ensuring that each program SEC. 811. PERFORMANCE GOALS FOR CON- the information on unit costs shall address pro- office with substantial software responsibilities TRACTING FOR SERVICES. jected prototype costs instead of production implements and adheres to established processes (a) INDIVIDUAL PURCHASES OF SERVICES.— costs. and requirements. Subsection (a) of section 802 of the National De- (f) APPLICABILITY OF EXISTING LAW.—Nothing (c) DEPARTMENT OF DEFENSE GUIDANCE.—The fense Authorization Act for Fiscal Year 2002 in this section shall be construed to exempt any Assistant Secretary of Defense for Command, (Public Law 107–107; 10 U.S.C. 2330 note) is program of the Department of Defense from the Control, Communications, and Intelligence, in amended by adding at the end the following application of any provision of chapter 144 of consultation with the Under Secretary of De- new paragraphs: title 10, United States Code, section 139, 181, fense for Acquisition, Technology, and Logis- ‘‘(3) To support the attainment of the goals es- 2366, 2399, or 2400 of such title, or any require- tics, shall— tablished in paragraph (2), the Department of ment under Department of Defense Directive (1) prescribe uniformly applicable guidance Defense shall have the following goals: 5000.1, Department of Defense Instruction for the administration of all of the programs es- ‘‘(A) To increase, as a percentage of all of the 5000.2, or Chairman of the Joint Chiefs of Staff tablished under subsection (a) and take such ac- individual purchases of services made by or for Instruction 3170.01B in accordance with the tions as are necessary to ensure that the mili- the Department of Defense under multiple terms of such provision or requirement. tary departments and Defense Agencies comply award contracts for a fiscal year (calculated on (g) TERMINATION OF PROGRAM PARTICIPA- with the guidance; and the basis of dollar value), the volume of the in- TION.—The conduct of a participating program (2) assist the Secretaries of the military de- dividual purchases of services that are made on as a spiral development program under the pilot partments and the heads of the Defense Agen- a competitive basis and involve the receipt of program shall terminate when the decision is cies to carry out such programs effectively by two or more offers from qualified contractors to made for the participating program to proceed identifying, and serving as a clearinghouse for a percentage as follows: into the production of units in excess of the information regarding, best practices in software ‘‘(i) For fiscal year 2003, a percentage not less number of prototype units permitted under the acquisition processes in both the public and pri- than 50 percent. limitation provided in spiral development plan vate sectors. ‘‘(ii) For fiscal year 2004, a percentage not less for the program pursuant to subsection (c)(5). (d) DEFINITIONS.—In this section: than 60 percent. (h) TERMINATION OF PILOT PROGRAM.—(1) (1) The term ‘‘Defense Agency’’ has the mean- ‘‘(iii) For fiscal year 2011, a percentage not The authority to conduct a pilot program under ing given the term in section 101(a)(11) of title less than 80 percent. this section shall terminate three years after the 10, United States Code. ‘‘(B) To increase, as a percentage of all of the date of the enactment of this Act. (2) The term ‘‘major defense acquisition pro- individual purchases of services made by or for (2) The termination of the pilot program shall gram’’ has the meaning given the term in section the Department of Defense under multiple not terminate the authority of the Secretary of 2430 of title 10, United States Code. award contracts for a fiscal year (calculated on H5508 CONGRESSIONAL RECORD — HOUSE July 25, 2002

the basis of dollar value), the use of perform- (b) SEMIANNUAL REPORT.—(1) The Secretary SEC. 813. EXTENSION OF REQUIREMENT FOR AN- ance-based purchasing specifying firm fixed of Defense shall transmit to the congressional NUAL REPORT ON DEFENSE COM- prices for the specific tasks to be performed to a defense committees promptly after the end of MERCIAL PRICING MANAGEMENT IM- PROVEMENT. percentage as follows: each half of a fiscal year a report on the excep- Section 803(c)(4) of the Strom Thurmond Na- ‘‘(i) For fiscal year 2003, a percentage not less tions to cost or pricing data certification re- tional Defense Authorization Act for Fiscal than 30 percent. quirements and the waivers of applicability of Year 1999 (Public Law 105–261; 112 Stat. 2082; 10 ‘‘(ii) For fiscal year 2004, a percentage not less cost accounting standards that, in cases de- U.S.C. 2306a note) is amended by striking ‘‘2000, than 40 percent. scribed in paragraph (2), were granted during 2001, and 2002,’’ and inserting ‘‘2000 through ‘‘(iii) For fiscal year 2005, a percentage not that half of the fiscal year. 2006,’’. less than 50 percent. (2) The report for a half of a fiscal year shall ‘‘(iv) For fiscal year 2011, a percentage not include an explanation of— SEC. 814. INTERNAL CONTROLS ON THE USE OF PURCHASE CARDS. less than 80 percent.’’. (A) each decision by the head of a procuring (a) REQUIREMENT FOR ENHANCED INTERNAL (b) EXTENSION AND REVISION OF REPORTING activity within the Department of Defense to ex- CONTROLS.—Not later than 120 days after the REQUIREMENT.—Subsection (b) of such section is ercise the authority under subparagraph (B) or date of the enactment of this Act, the Secretary amended— (C) of subsection (b)(1) of section 2306a of title of Defense shall take action to ensure that ap- (1) by striking ‘‘March 1, 2006’’, and inserting 10, United States Code, to grant an exception to propriate internal controls for the use of pur- ‘‘March 1, 2011’’; and the requirements of such section in the case of chase cards issued by the Federal Government (2) by adding at the end the following new a contract, subcontract, or contract or sub- to Department of Defense personnel are in place paragraphs: contract modification that is expected to have a throughout the Department of Defense. At a ‘‘(6) Regarding the individual purchases of price of $15,000,000 or more; and minimum, the internal controls shall include the services that were made by or for the Depart- (B) each decision by the Secretary of Defense following: ment of Defense under multiple award contracts or the head of an agency within the Department (1) A requirement that the receipt and accept- in the fiscal year preceding the fiscal year in of Defense to exercise the authority under sub- ance, and the documentation of the receipt and which the report is required to be submitted, in- section (f)(5)(B) of section 26 of the Office of acceptance, of the property or services pur- formation (determined using the data collection Federal Procurement Policy Act to waive the chased on a purchase card be verified by a De- system established under section 2330a of title applicability of the cost accounting standards partment of Defense official who is independent 10, United States Code) as follows: under such section in the case of a contract or of the purchaser. ‘‘(A) The percentage (calculated on the basis subcontract that is expected to have a value of (2) A requirement that the monthly purchase of dollar value) of such purchases that are pur- $15,000,000 or more. card statements of purchases on a purchase chases that were made on a competitive basis (c) ADVANCE NOTIFICATION OF CONGRESS.—(1) card be reviewed and certified for accuracy by and involved receipt of two or more offers from The Secretary of Defense shall transmit to the an official of the Department of Defense who is qualified contractors. congressional defense committees an advance independent of the purchaser. ‘‘(B) The percentage (calculated on the basis notification of— (3) Specific policies limiting the number of of dollar value) of such purchases that are per- (A) any decision by the head of a procuring purchase cards issued, with the objective of sig- formance-based purchases specifying firm fixed activity within the Department of Defense to ex- nificantly reducing the number of cardholders. prices for the specific tasks to be performed.’’. ercise the authority under subsection (b)(1)(C) (4) Specific policies on credit limits authorized (c) DEFINITIONS.—Such section is further of section 2306a of title 10, United States Code, for cardholders, with the objective of minimizing amended by adding at the end the following to grant an exception to the requirements of financial risk to the Federal Government. new subsection: such section in the case of a contract, sub- (5) Specific criteria for identifying employees ‘‘(c) DEFINITIONS.—In this section: contract, or contract or subcontract modifica- eligible to be issued purchase cards, with the ob- ‘‘(1) The term ‘individual purchase’ means a tion that is expected to have a price of jective of ensuring the integrity of cardholders. task order, delivery order, or other purchase. $75,000,000 or more; or (6) Accounting procedures that ensure that ‘‘(2) The term ‘multiple award contract’ (B) any decision by the Secretary of Defense purchase card transactions are properly re- means— or the head of an agency within the Department corded in Department of Defense accounting ‘‘(A) a contract that is entered into by the Ad- of Defense to exercise the authority under sub- records. ministrator of General Services under the mul- section (f)(5)(B) of section 26 of the Office of (7) Requirements for regular internal review of tiple award schedule program referred to in sec- Federal Procurement Policy Act to waive the purchase card statements to identify— tion 2302(2)(C) of title 10, United States Code; applicability of the cost accounting standards (A) potentially fraudulent, improper, and abusive purchases; ‘‘(B) a multiple award task order contract under such section to a contract or subcontract (B) any patterns of improper cardholder that is entered into under the authority of sec- that is expected to have a value of $75,000,000 or transactions, such as purchases of prohibited tions 2304a through 2304d of title 10, United more. items; and States Code, or sections 303H through 303K of (2) The notification under paragraph (1) re- (C) categories of purchases that should be the Federal Property and Administrative Serv- garding a decision to grant an exception or made through other mechanisms to better aggre- ices Act of 1949 (41 U.S.C. 253h through 253k); waiver shall be transmitted not later than 10 gate purchases and negotiate lower prices. and days before the exception or waiver is granted. (b) TRAINING.—The Secretary of Defense shall ‘‘(C) any other indefinite delivery, indefinite (d) CONTENTS OF REPORTS AND NOTIFICA- ensure that all Department of Defense purchase quantity contract that is entered into by the TIONS.—A report pursuant to subsection (b) and cardholders are aware of the enhanced internal head of a Federal agency with two or more a notification pursuant to subsection (c) shall controls instituted pursuant to subsection (a). sources pursuant to the same solicitation.’’. include, for each grant of an exception or waiv- (c) COMPTROLLER GENERAL REVIEW.—Not SEC. 812. GRANTS OF EXCEPTIONS TO COST OR er, the following matters: later than March 1, 2003, the Comptroller Gen- PRICING DATA CERTIFICATION RE- (1) A discussion of the justification for the eral shall— QUIREMENTS AND WAIVERS OF COST grant of the exception or waiver, including at a (1) review the actions that have been taken ACCOUNTING STANDARDS. minimum— within the Department of Defense to comply (a) GUIDANCE FOR EXCEPTIONS IN EXCEP- (A) in the case of an exception granted pursu- with the requirements of this section; and TIONAL CIRCUMSTANCES.—(1) Not later than 60 ant to section 2306a(b)(1)(B) of title 10, United (2) submit a report on the actions reviewed to days after the date of the enactment of this Act, States Code, an explanation of the basis for the the congressional defense committees. the Secretary of Defense shall issue guidance on determination that the products or services to be SEC. 815. ASSESSMENT REGARDING FEES PAID the circumstances under which it is appropriate purchased are commercial items; and FOR ACQUISITIONS UNDER OTHER to grant— (B) in the case of an exception granted pursu- AGENCIES’ CONTRACTS. (A) an exception pursuant to section ant to section 2306a(b)(1)(C) of such title, or a (a) REQUIREMENT FOR ASSESSMENT AND RE- 2306a(b)(1)(C) of title 10, United States Code, re- waiver granted pursuant to section 26(f)(5)(B) of PORT.—Not later than March 1, 2003, the Sec- lating to submittal of certified contract cost and the Office of Federal Procurement Policy Act, retary of Defense shall carry out an assessment pricing data; or an explanation of the basis for the determina- to determine the total amount paid by the De- (B) a waiver pursuant to section 26(f)(5)(B) of tion that it would not have been possible to ob- partment of Defense as fees for the acquisition the Office of Federal Procurement Policy Act (41 tain the products or services from the offeror of property and services by the Department of U.S.C. 422(f)(5)(B)), relating to the applicability without the grant of the exception or waiver. Defense under contracts between other depart- of cost accounting standards to contracts and (2) A description of the specific steps taken or ments and agencies of the Federal Government subcontracts. to be taken within the Department of Defense to and the sources of the property and services in (2) The guidance shall, at a minimum, include ensure that the price of each contract, sub- each of fiscal years 2000, 2001, and 2002, and a limitation that a grant of an exception or contract, or modification covered by the report submit a report on the results of the assessment waiver referred to in paragraph (1) is appro- or notification, as the case may be, is fair and to Congress. priate with respect to a contract or subcontract, reasonable. (b) CONTENT OF REPORT.—The report shall in- or (in the case of submittal of certified cost and (e) EFFECTIVE DATE.—The requirements of clude the Secretary’s views on what, if any, ac- pricing data) a modification, only upon a deter- this section shall apply to each exception or tions should be taken within the Department of mination that the property or services cannot be waiver that is granted under a provision of law Defense to reduce the total amount of the an- obtained under the contract, subcontract, or referred to in subsection (a) on or after the date nual expenditures on fees described in sub- modification, as the case may be, without the on which the guidance required by that sub- section (a) and to use the amounts saved for grant of the exception or waiver. section (a) is issued. other authorized purposes. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5509 SEC. 816. PILOT PROGRAM FOR TRANSITION TO Defense satisfy its requirements for an item by support workforce may not be reduced, during FOLLOW-ON CONTRACTS FOR CER- procuring an item that is grown, reprocessed, re- fiscal years 2003, 2004, and 2005, below the level TAIN PROTOTYPE PROJECTS. used, produced, or manufactured in the United of that workforce as of September 30, 2002, de- Section 845 of the National Defense Author- States or by a manufacturer that is a part of the termined on the basis of full-time equivalent po- ization Act for Fiscal Year 1994 (10 U.S.C. 2371 national technology and industrial base (as de- sitions. note) is amended by— fined in section 2500(1) of this title). (b) WAIVER AUTHORITY.—The Secretary of De- (1) redesignating subsections (e), (f), and (g) ‘‘(2) A domestic content requirement is any re- fense may waive the prohibition in subsection as subsections (f), (g), and (h), respectively; and quirement under law that the Department of (a) and reduce the level of the defense acquisi- (2) inserting after subsection (d) the following Defense satisfy its requirements for an item by tion and support workforce upon submitting to new subsection (e): procuring an item produced or manufactured Congress the Secretary’s certification that the ‘‘(e) PILOT PROGRAM FOR TRANSITION TO FOL- partly or wholly from components and materials defense acquisition and support workforce, at LOW-ON CONTRACTS.—(1) The Secretary of De- grown, reprocessed, reused, produced, or manu- the level to which reduced, will be able effi- fense is authorized to carry out a pilot program factured in the United States. ciently and effectively to perform the workloads for follow-on contracting for the production of ‘‘(c) APPLICABILITY.—The authority of the that are required of that workforce consistent items or processes that are developed by non- Secretary to waive the application of a domestic with the cost-effective management of the de- traditional defense contractors under prototype source or content requirements under subsection fense acquisition system to obtain best value projects carried out under this section. (a) applies to the procurement of items for equipment and with ensuring military readiness. ‘‘(2) Under the pilot program— which the Secretary of Defense determines (c) DEFENSE ACQUISITION AND SUPPORT WORK- ‘‘(A) a qualifying contract for the procure- that— FORCE DEFINED.—In this section, the term ‘‘de- ment of such an item or process, or a qualifying ‘‘(1) application of the requirement would im- fense acquisition and support workforce’’ means subcontract under a contract for the procure- pede the reciprocal procurement of defense items Armed Forces and civilian personnel who are ment of such an item or process, may be treated under a memorandum of understanding pro- assigned to, or are employed in, an organization as a contract or subcontract, respectively, for viding for reciprocal procurement of defense of the Department of Defense that is— items between a foreign country and the United the procurement of commercial items, as defined (1) an acquisition organization specified in States in accordance with section 2531 of this in section 4(12) of the Office of Federal Procure- Department of Defense Instruction 5000.58, title; and ment Policy Act (41 U.S.C. 403(12)); and dated January 14, 1992; or ‘‘(B) the item or process may be treated as an ‘‘(2) such country does not discriminate (2) an organization not so specified that has item or process, respectively, that is developed in against defense items produced in the United acquisition as its predominant mission, as deter- part with Federal funds and in part at private States to a greater degree than the United States mined by the Secretary of Defense. expense for the purposes of section 2320 of title discriminates against defense items produced in 10, United States Code. that country. SEC. 823. EXTENSION OF CONTRACT GOAL FOR ‘‘(3) For the purposes of the pilot program, a ‘‘(d) LIMITATION ON DELEGATION.—The au- SMALL DISADVANTAGED BUSI- NESSES AND CERTAIN INSTITU- qualifying contract or subcontract is a contract thority of the Secretary to waive the application of domestic source or content requirements TIONS OF HIGHER EDUCATION. or subcontract, respectively, with a nontradi- Section 2323(k) of title 10, United States Code, tional defense contractor that— under subsection (a) may not be delegated to any officer or employee other than the Under is amended by striking ‘‘2003’’ both places it ap- ‘‘(A) does not exceed $20,000,000; and pears and inserting ‘‘2006’’. ‘‘(B) is either— Secretary of Defense for Acquisition, Tech- ‘‘(i) a firm, fixed-price contract or sub- nology and Logistics. SEC. 824. MENTOR-PROTEGE PROGRAM ELIGI- ‘‘(e) CONSULTATIONS.—The Secretary may BILITY FOR HUBZONE SMALL BUSI- contract; or NESS CONCERNS AND SMALL BUSI- ‘‘(ii) a fixed-price contract or subcontract with grant a waiver of the application of a domestic source or content requirement under subsection NESS CONCERNS OWNED AND CON- economic price adjustment. TROLLED BY SERVICE-DISABLED ‘‘(4) The authority to conduct a pilot program (a) only after consultation with the United VETERANS. States Trade Representative, the Secretary of under this subsection shall terminate on Sep- Section 831(m)(2) of the National Defense Au- tember 30, 2005. The termination of the author- Commerce, and the Secretary of State. ‘‘(f) LAWS NOT WAIVABLE.—The Secretary of thorization Act for Fiscal Year 1991 (10 U.S.C. ity shall not affect the validity of contracts or Defense may not exercise the authority under 2302 note), is amended— subcontracts that are awarded or modified dur- subsection (a) to waive any domestic source or (1) by striking ‘‘or’’ at the end of subpara- ing the period of the pilot program, without re- content requirement contained in any of the fol- graph (D); gard to whether the contracts or subcontracts lowing laws: (2) by striking the period at the end of sub- are performed during the period.’’. ‘‘(1) The Small Business Act (15 U.S.C. 631 et paragraph (E) and inserting a semicolon; and SEC. 817. WAIVER AUTHORITY FOR DOMESTIC seq.). (3) by adding at the end the following new SOURCE OR CONTENT REQUIRE- ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C. subparagraphs: MENTS. et seq.). ‘‘(F) a qualified HUBZone small business con- (a) AUTHORITY.—Subchapter V of chapter 148 ‘‘(3) Sections 7309 and 7310 of this title. cern, within the meaning of section 3(p)(5) of of title 10, United States Code, is amended by ‘‘(4) Section 2533a of this title. the Small Business Act (15 U.S.C. 632(p)(5)); or adding at the end the following new section: ‘‘(g) RELATIONSHIP TO OTHER WAIVER AU- ‘‘(G) a small business concern owned and con- ‘‘§ 2539c. Waiver of domestic source or content THORITY.—The authority under subsection (a) trolled by service-disabled veterans, as defined requirements to waive a domestic source requirement or do- in section 3(q)(2) of the Small Business Act (15 mestic content requirement is in addition to any ‘‘(a) AUTHORITY.—Except as provided in sub- U.S.C. 632(q)(2)).’’. other authority to waive such requirement. section (f), the Secretary of Defense may waive SEC. 825. REPEAL OF REQUIREMENTS FOR CER- ‘‘(h) CONSTRUCTION WITH RESPECT TO LATER the application of any domestic source require- TAIN REVIEWS BY THE COMP- NACTED AWS E L .—This section may not be con- TROLLER GENERAL. ment or domestic content requirement referred to strued as being inapplicable to a domestic source The following provisions of the National De- in subsection (b) and thereby authorize the pro- requirement or domestic content requirement fense Authorization Act for Fiscal Year 1996 curement of items that are grown, reprocessed, that is set forth in a law enacted after the en- (Public Law 104–106) are repealed: reused, produced, or manufactured— actment of this section solely on the basis of the (1) Section 912(d) (110 Stat. 410; 10 U.S.C. 2216 ‘‘(1) in a foreign country that has a reciprocal later enactment.’’. defense procurement memorandum of under- (b) CLERICAL AMENDMENT.—The table of sec- note), relating to Comptroller General reviews of standing or agreement with the United States; tions at the beginning of such subchapter is the administration of the Defense Moderniza- ‘‘(2) in a foreign country that has a reciprocal amended by inserting after the item relating to tion Account. defense procurement memorandum of under- section 2539b the following new item: (2) Section 5312(e) (110 Stat. 695; 40 U.S.C. standing or agreement with the United States 1492), relating to Comptroller General moni- ‘‘2539c. Waiver of domestic source or content re- substantially from components and materials toring of a pilot program for solutions-based quirements.’’. grown, reprocessed, reused, produced, or manu- contracting for acquisition of information tech- factured in the United States or any foreign Subtitle C—Other Matters nology. country that has a reciprocal defense procure- SEC. 821. EXTENSION OF THE APPLICABILITY OF (3) Section 5401(c)(3) (110 Stat. 697; 40 U.S.C. ment memorandum of understanding or agree- CERTAIN PERSONNEL DEMONSTRA- 1501), relating to a Comptroller General review ment with the United States; or TION PROJECT EXCEPTIONS TO AN ACQUISITION WORKFORCE DEM- and report regarding a pilot program to test ‘‘(3) in the United States substantially from ONSTRATION PROJECT. streamlined procedures for the procurement of components and materials grown, reprocessed, Section 4308(b)(3)(B) of the National Defense information technology products and services reused, produced, or manufactured in the Authorization Act for Fiscal Year 1996 (Public available for ordering through multiple award United States or any foreign country that has a Law 104–106; 10 U.S.C. 1701 note) is amended to schedules. reciprocal defense procurement memorandum of read as follows: SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY understanding or agreement with the United ‘‘(B) commences before November 18, 2007.’’. FOR PURCHASE OF DINITROGEN TE- States. SEC. 822. MORATORIUM ON REDUCTION OF THE TROXIDE, HYDRAZINE, AND HYDRA- ‘‘(b) COVERED REQUIREMENTS.—For purposes DEFENSE ACQUISITION AND SUP- ZINE-RELATED PRODUCTS. of this section: PORT WORKFORCE. (a) IN GENERAL.—Chapter 141 of title 10, ‘‘(1) A domestic source requirement is any re- (a) PROHIBITION.—Notwithstanding any other United States Code, is amended by inserting quirement under law that the Department of provision of law, the defense acquisition and after section 2410n the following new section: H5510 CONGRESSIONAL RECORD — HOUSE July 25, 2002 ‘‘§ 2410o. Multiyear procurement authority: certification of business entities as eligible for Secretary of Defense shall designate an officer purchase of dinitrogen tetroxide, hydrazine, treatment as a qualified organization employing or employee of the Department of Defense as the and hydrazine-related products the severely disabled under subsection senior official responsible (after the Secretary of ‘‘(a) TEN-YEAR CONTRACT PERIOD.—The Sec- (m)(2)(D).’’. Defense and the Under Secretary of Defense for retary of Defense may enter into a contract for SEC. 830. REPORT ON EFFECTS OF ARMY CON- Acquisition, Technology, and Logistics) for the a period of up to 10 years for the purchase of TRACTING AGENCY. prevention and mitigation of corrosion of the dinitrogen tetroxide, hydrazine, and hydrazine- (a) IN GENERAL.—The Secretary of the Army military equipment and infrastructure of the related products for the support of a United shall submit a report on the effects of the estab- Department. The designated official shall report States national security program or a United lishment of an Army Contracting Agency on directly to the Under Secretary of Defense for States space program. small business participation in Army procure- Acquisition, Technology, and Logistics. ‘‘(b) EXTENSIONS.—A contract entered into for ments during the first year of operation of such (b) DUTIES.—The official designated under more than one year under the authority of sub- an agency to— subsection (a) shall direct and coordinate initia- (1) the Committee on Armed Services of the section (a) may be extended for a total of not tives throughout the Department of Defense to House of Representatives; prevent and mitigate corrosion of the military more than 10 years pursuant to any option or (2) the Committee on Armed Services of the options set forth in the contract.’’. equipment and infrastructure of the Depart- Senate; ment, including efforts to facilitate the preven- (b) CLERICAL AMENDMENT.—The table of sec- (3) the Committee on Small Business of the tion and mitigation of corrosion through— tions at the beginning of chapter 141 is amended House of Representatives; and (1) development and recommendation of policy by adding at the end the following item: (4) the Committee on Small Business and En- guidance on the prevention and mitigation of ‘‘2410o. Multiyear procurement authority: pur- trepreneurship of the Senate. corrosion which the Secretary of Defense shall chase of dinitrogen tetroxide, hy- (b) CONTENT.—The report required under sub- issue; drazine, and hydrazine-related section (a) shall include, in detail— (2) review of the annual budget proposed for products.’’. (1) the justification for the establishment of an Army Contracting Agency; the prevention and mitigation of corrosion by SEC. 827. MULTIYEAR PROCUREMENT AUTHORITY (2) the impact of the creation of an Army Con- the Secretary of each military department and FOR ENVIRONMENTAL SERVICES submittal of recommendations regarding the pro- FOR MILITARY INSTALLATIONS. tracting Agency on— (A) Army compliance with— posed budget to the Secretary of Defense; (a) AUTHORITY.—Subsection (b) of section (i) Department of Defense Directive 4205.1; (3) direction and coordination of the efforts 2306c of title 10, United States Code, is amended (ii) section 15(g) of the Small Business Act (15 within the Department of Defense to prevent or by adding at the end the following new para- U.S.C. 644(g)); and mitigate corrosion during— graph: (iii) section 15(k) of the Small Business Act (15 (A) the design, acquisition, and maintenance ‘‘(5) Environmental remediation services for— U.S.C. 644(k)); of military equipment; and ‘‘(A) an active military installation; (B) small business participation in Army pro- (B) the design, construction, and maintenance ‘‘(B) a military installation being closed or re- curement of products and services for affected of infrastructure; and aligned under a base closure law; or Army installations, including— (4) monitoring of acquisition practices— ‘‘(C) a site formerly used by the Department of (i) the impact on small businesses located near (A) to ensure that the use of corrosion preven- Defense.’’. Army installations, including— tion technologies and the application of corro- (b) DEFINITIONS.—Such section is further (I) the increase or decrease in the total value sion prevention treatments are fully considered amended by adding at the end the following of Army prime contracting with local small busi- during research and development in the acquisi- new subsection: nesses; and tion process; and ‘‘(g) ADDITIONAL DEFINITIONS.—In this sec- (II) the opportunities for small business own- (B) to ensure that, to the extent determined tion: ers to meet and interact with Army procurement appropriate in each acquisition program, such ‘‘(1) The term ‘base closure law’ has the mean- personnel; and technologies and treatments are incorporated ing given such term in section 2667(h)(2) of this (ii) any change or projected change in the use into the program, particularly during the engi- title. of consolidated contracts and bundled contracts; neering and design phases of the acquisition ‘‘(2) The term ‘military installation’ has the and process. meaning given such term in section 2801(c)(2) of (3) a description of the Army’s plan to address (c) INTERIM REPORT.—When the President this title.’’. any negative impact on small business partici- pation in Army procurement, to the extent such submits the budget for fiscal year 2004 to Con- SEC. 828. INCREASED MAXIMUM AMOUNT OF AS- impact is identified in the report. gress pursuant to section 1105(a) of title 31, SISTANCE FOR TRIBAL ORGANIZA- United States Code, the Secretary of Defense TIONS OR ECONOMIC ENTERPRISES (c) TIME FOR SUBMISSION.—The report under CARRYING OUT PROCUREMENT this section shall be due 15 months after the shall submit to Congress a report regarding the TECHNICAL ASSISTANCE PROGRAMS date of the establishment of the Army Con- actions taken under this section. The report IN TWO OR MORE SERVICE AREAS. tracting Agency. shall include the following matters: Section 2414(a)(4) of title 10, United States TITLE IX—DEPARTMENT OF DEFENSE (1) The organizational structure for the per- Code, is amended by striking ‘‘$300,000’’ and in- ORGANIZATION AND MANAGEMENT sonnel carrying out the responsibilities of the of- ficial designated under subsection (a) with re- serting ‘‘$600,000’’. SEC. 901. TIME FOR SUBMITTAL OF REPORT ON SEC. 829. AUTHORITY FOR NONPROFIT ORGANI- QUADRENNIAL DEFENSE REVIEW. spect to the prevention and mitigation of corro- ZATIONS TO SELF-CERTIFY ELIGI- Section 118(d) of title 10, United States Code, sion. BILITY FOR TREATMENT AS QUALI- is amended by striking ‘‘not later than Sep- (2) An outline and milestones for developing a FIED ORGANIZATIONS EMPLOYING tember 30 of the year in which the review is con- long-term corrosion prevention and mitigation SEVERELY DISABLED UNDER MEN- strategy. TOR-PROTEGE PROGRAM. ducted’’ in the second sentence and inserting ‘‘in the year following the year in which the re- (d) LONG-TERM STRATEGY.—(1) Not later than Section 831 of the National Defense Author- view is conducted, but not later than the date one year after the date of the enactment of this ization Act for Fiscal Year 1991 (10 U.S.C. 2302 on which the President submits the budget for Act, the Secretary of Defense shall submit to note) is amended by adding at the end the fol- the next fiscal year to Congress under section Congress a long-term strategy to reduce corro- lowing new subsection: 1105(a) of title 31’’. sion and the effects of corrosion on the military ‘‘(n) SELF-CERTIFICATION OF NONPROFIT OR- SEC. 902. INCREASED NUMBER OF DEPUTY COM- equipment and infrastructure of the Department GANIZATIONS AS QUALIFIED ORGANIZATIONS EM- MANDANTS AUTHORIZED FOR THE of Defense. PLOYING THE SEVERELY DISABLED.—(1) The Sec- MARINE CORPS. (2) The strategy shall provide for the fol- retary of Defense may, in accordance with such Section 5045 of title 10, United States Code, is lowing actions: requirements as the Secretary may establish, amended by striking ‘‘five’’ and inserting ‘‘six’’. (A) Expanding the emphasis on corrosion pre- permit a business entity operating on a non- SEC. 903. BASE OPERATING SUPPORT FOR FISHER vention and mitigation to include coverage of profit basis to self-certify its eligibility for treat- HOUSES. infrastructure. ment as a qualified organization employing the (a) EXPANSION OF REQUIREMENT TO INCLUDE (B) Applying uniformly throughout the De- severely disabled under subsection (m)(2)(D). ARMY AND AIR FORCE.—Section 2493(f) of title partment of Defense requirements and criteria ‘‘(2) The Secretary shall treat any entity de- 10, United States Code, is amended to read as for the testing and certification of new tech- scribed in paragraph (1) that submits a self-cer- follows: nologies for the prevention of corrosion. tification under that paragraph as a qualified ‘‘(f) BASE OPERATING SUPPORT.—The Sec- (C) Implementing programs, including pro- organization employing the severely disabled retary of the military department concerned grams supporting databases, to foster the collec- until the Secretary receives evidence, if any, shall provide base operating support for Fisher tion and analysis of— that such entity is not described by paragraph Houses associated with health care facilities of (i) data useful for determining the extent of (1) or does not merit treatment as a qualified or- that military department.’’. the effects of corrosion on the maintenance and ganization employing the severely disabled in (b) EFFECTIVE DATE.—The amendment made readiness of military equipment and infrastruc- accordance with applicable provisions of sub- by subsection (a) shall take effect on October 1, ture; and section (m). 2002. (ii) data on the costs associated with the pre- ‘‘(3) Paragraphs (1) and (2) shall cease to be SEC. 904. PREVENTION AND MITIGATION OF COR- vention and mitigation of corrosion. effective on the effective date of regulations pre- ROSION. (D) Implementing programs, including sup- scribed by the Small Business Administration (a) ESTABLISHMENT.—Not later than 120 days porting databases, to ensure that a focused and under this section setting forth a process for the after the date of the enactment of this Act, the coordinated approach is taken throughout the July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5511 Department of Defense to collect, review, vali- ‘‘The report shall include a copy of the latest re- (B) by redesignating paragraphs (6), (7), (8), date, and distribute information on proven port of the Board of Visitors received by the Sec- (9), (10), and (11) as paragraphs (3), (4), (5), (6), methods and products that are relevant to the retary under subsection (e)(5), together with (7), and (8), respectively. prevention of corrosion of military equipment any comments of the Secretary on the Board’s (2) The table of sections at the beginning of and infrastructure. report.’’. chapter 4 of such title is amended— (E) Implementing a program to identify spe- SEC. 906. VETERINARY CORPS OF THE ARMY. (A) by striking the item relating to section 137 cific funding in future budgets for the total life (a) COMPOSITION AND ADMINISTRATION.—(1) and inserting the following: cycle costs of the prevention and mitigation of Chapter 307 of title 10, United States Code, is ‘‘137. Under Secretary of Defense for Intel- corrosion. amended by inserting after section 3070 the fol- ligence.’’; (F) Establishing a coordinated research and lowing new section 3071: and development program for the prevention and (B) by striking the item relating to section 139 ‘‘§ 3071. Veterinary Corps: composition; Chief mitigation of corrosion for new and existing and inserting the following: and assistant chief; appointment; grade military equipment and infrastructure that in- ‘‘139. Director of Research and Engineering. ‘‘(a) COMPOSITION.—The Veterinary Corps cludes a plan to transition new corrosion pre- ‘‘139a. Director of Operational Test and Evalua- consists of the Chief and assistant chief of that vention technologies into operational systems. tion.’’. corps and other officers in grades prescribed by (3) The strategy shall also include, for the ac- (c) EXECUTIVE LEVEL III.—Section 5314 of title tions provided for pursuant to paragraph (2), the Secretary of the Army. 5, United States Code, is amended by inserting ‘‘(b) CHIEF.—The Secretary of the Army shall the following: after ‘‘Under Secretary of Defense for Personnel appoint the Chief from the officers of the Reg- (A) Policy guidance. and Readiness.’’ the following: (B) Performance measures and milestones. ular Army in that corps whose regular grade is ‘‘Under Secretary of Defense for Intel- (C) An assessment of the necessary program above lieutenant colonel and who are rec- ligence.’’. ommended by the Surgeon General. An ap- management resources and necessary financial TITLE X—GENERAL PROVISIONS resources. pointee who holds a lower regular grade may be Subtitle A—Financial Matters (e) GAO REVIEWS.—The Comptroller General appointed in the regular grade of brigadier gen- shall monitor the implementation of the long- eral. The Chief serves during the pleasure of the SEC. 1001. TRANSFER AUTHORITY. term strategy required under subsection (d) and, Secretary, but not for more than four years, and (a) AUTHORITY TO TRANSFER AUTHORIZA- not later than 18 months after the date of the may not be reappointed to the same position. TIONS.—(1) Upon determination by the Secretary enactment of this Act, submit to Congress an as- ‘‘(c) ASSISTANT CHIEF.—The Surgeon General of Defense that such action is necessary in the sessment of the extent to which the strategy has shall appoint the assistant chief from the offi- national interest, the Secretary may transfer been implemented. cers of the Regular Army in that corps whose amounts of authorizations made available to the (f) DEFINITIONS.—In this section: regular grade is above lieutenant colonel. The Department of Defense in this division for fiscal (1) The term ‘‘corrosion’’ means the deteriora- assistant chief serves during the pleasure of the year 2003 between any such authorizations for tion of a substance or its properties due to a re- Surgeon General, but not for more than four that fiscal year (or any subdivisions thereof). action with its environment. years and may not be reappointed to the same Amounts of authorizations so transferred shall (2) The term ‘‘military equipment’’ includes all position.’’. be merged with and be available for the same air, land, and sea weapon systems, weapon (2) The table of sections at the beginning of purposes as the authorization to which trans- platforms, vehicles, and munitions of the De- such chapter is amended by inserting after the ferred. partment of Defense, and the components of item relating to section 3070 the following new (2) The total amount of authorizations that such items. item: the Secretary may transfer under the authority (3) The term ‘‘infrastructure’’ includes all ‘‘3071. Veterinary Corps: composition; Chief and of this section may not exceed $2,500,000,000. buildings, structures, airfields, port facilities, assistant chief; appointment; (b) LIMITATIONS.—The authority provided by surface and subterranean utility systems, heat- grade.’’. this section to transfer authorizations— ing and cooling systems, fuel tanks, pavements, (b) EFFECTIVE DATE.—Section 3071 of title 10, (1) may only be used to provide authority for and bridges. United States Code, as added by subsection (a), items that have a higher priority than the items (g) TERMINATION.—This section shall cease to shall take effect on October 1, 2002. from which authority is transferred; and (2) may not be used to provide authority for be effective on the date that is five years after SEC. 907. UNDER SECRETARY OF DEFENSE FOR the date of the enactment of this Act. INTELLIGENCE. an item that has been denied authorization by Congress. SEC. 905. WESTERN HEMISPHERE INSTITUTE FOR (a) ESTABLISHMENT OF POSITION.—Chapter 4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A SECURITY COOPERATION. of title 10, United States Code, is amended— transfer made from one account to another (a) AUTHORITY TO ACCEPT FOREIGN GIFTS AND (1) by transferring section 137 within such under the authority of this section shall be DONATIONS.—Section 2166 of title 10, United chapter to appear following section 138; deemed to increase the amount authorized for States Code, is amended— (2) by redesignating sections 137 and 139 as the account to which the amount is transferred (1) by redesignating subsections (f), (g), and sections 139 and 139a, respectively; and by an amount equal to the amount transferred. (h), as subsections (g), (h), and (i), respectively; (3) by inserting after section 136a the fol- (d) NOTICE TO CONGRESS.—The Secretary shall and lowing new section 137: promptly notify Congress of each transfer made (2) by inserting after subsection (e) the fol- ‘‘§ 137. Under Secretary of Defense for Intel- under subsection (a). lowing new subsection (f): ligence SEC. 1002. REALLOCATION OF AUTHORIZATIONS ‘‘(f) AUTHORITY TO ACCEPT FOREIGN GIFTS ‘‘(a) There is an Under Secretary of Defense OF APPROPRIATIONS FROM BAL- AND ONATIONS D .—(1) The Secretary of Defense for Intelligence, appointed from civilian life by LISTIC MISSILE DEFENSE TO SHIP- may, on behalf of the Institute, accept foreign the President, by and with the advice and con- BUILDING. gifts or donations in order to defray the costs of, sent of the Senate. (a) AMOUNT.—Notwithstanding any other pro- or enhance the operation of, the Institute. ‘‘(b) Subject to the authority, direction, and vision of this Act, the total amount authorized ‘‘(2) Funds received by the Secretary under control of the Secretary of Defense, the Under to be appropriated under section 201(4) is hereby paragraph (1) shall be credited to appropria- Secretary of Defense for Intelligence shall per- reduced by $690,000,000, and the amount author- tions available for the Department of Defense form such duties and exercise such powers as ized to be appropriated under section 102(a)(3) is for the Institute. Funds so credited shall be the Secretary of Defense may prescribe in the hereby increased by $690,000,000. merged with the appropriations to which cred- area of intelligence. (b) SOURCE OF REDUCTION.—The total amount ited and shall be available for the Institute for ‘‘(c) The Under Secretary of Defense for Per- of the reduction in the amount authorized to be the same purposes and same period as the ap- sonnel and Readiness takes precedence in the appropriated under section 201(4) shall be de- propriations with which merged. Department of Defense after the Under Sec- rived from the amount provided under that sec- ‘‘(3) The Secretary of Defense shall notify retary of Defense for Personnel and Readi- tion for ballistic missile defense for research, de- Congress if the total amount of money accepted ness.’’. velopment, test, and evaluation. under paragraph (1) exceeds $1,000,000 in any (b) CONFORMING AMENDMENTS.—(1) Section (c) ALLOCATION OF INCREASE.—Of the addi- fiscal year. Any such notice shall list each of 131 of such title is amended— tional amount authorized to be appropriated the contributors of such money and the amount (A) by striking paragraphs (2), (3), (4), and under section 102(a)(3) pursuant to subsection of each contribution in such fiscal year. (5), and inserting the following: (a)— ‘‘(4) For the purposes of this subsection, a for- ‘‘(2) The Under Secretaries of Defense, as fol- (1) $415,000,000 shall be available for advance eign gift or donation is a gift or donation of lows: procurement of a Virginia class submarine; funds, materials (including research materials), ‘‘(A) The Under Secretary of Defense for Ac- (2) $125,000,000 shall be available for advance property, or services (including lecture services quisition, Technology, and Logistics. procurement of a DDG–51 class destroyer; and and faculty services) from a foreign government, ‘‘(B) The Under Secretary of Defense for Pol- (3) $150,000,000 shall be available for advance a foundation or other charitable organization in icy. procurement of an LPD–17 class amphibious a foreign country, or an individual in a foreign ‘‘(C) The Under Secretary of Defense (Comp- transport dock. country.’’. troller). SEC. 1003. AUTHORIZATION OF APPROPRIATIONS (b) CONTENT OF ANNUAL REPORT TO CON- ‘‘(D) The Under Secretary of Defense for Per- FOR CONTINUED OPERATIONS FOR GRESS.—Subsection (i) of such section, as redes- sonnel and Readiness. THE WAR ON TERRORISM. ignated by subsection (a)(1), is amended by in- ‘‘(E) The Under Secretary of Defense for In- (a) AMOUNT.—(1) In addition to the amounts serting after the first sentence the following: telligence.’’; and authorized to be appropriated under divisions A H5512 CONGRESSIONAL RECORD — HOUSE July 25, 2002 and B, funds are hereby authorized to be appro- means the maximum annual amount of Depart- the Department of Defense, or a modification of priated for fiscal year 2003 (subject to subsection ment of Defense contributions for common-fund- an existing budgetary, accounting, finance, or (b)) in the total amount of $10,000,000,000 for the ed budgets of NATO that is set forth as the an- data feeder system of the Department of De- conduct of operations in continuation of the nual limitation in section 3(2)(C)(ii) of the reso- fense; and war on terrorism in accordance with the Au- lution of the Senate giving the advice and con- (B) does not include routine maintenance and thorization for Use of Military Force (Public sent of the Senate to the ratification of the Pro- operation of any such system. Law 107–40; 50 U.S.C. 1541 note). tocols to the North Atlantic Treaty of 1949 on (2) The term ‘‘enterprise architecture approval (2) The amount authorized to be appropriated the Accession of Poland, Hungary, and the date’’ means the date on which the Secretary of under paragraph (1) shall be available for in- Czech Republic (as defined in section 4(7) of Defense approves a proposed financial manage- creased operating costs, transportation costs, that resolution), approved by the Senate on ment enterprise architecture and a transition costs of humanitarian efforts, costs of special April 30, 1998. plan that satisfy the requirements of this sec- pays, costs of enhanced intelligence efforts, in- SEC. 1006. DEVELOPMENT AND IMPLEMENTATION tion. creased personnel costs for members of the re- OF FINANCIAL MANAGEMENT EN- (3) The term ‘‘enterprise architecture pre-ap- serve components ordered to active duty under a TERPRISE ARCHITECTURE. proval period’’ means the period beginning on provision of law referred to in section (a) REQUIREMENT FOR ENTERPRISE ARCHITEC- the date of the enactment of this Act and ending 101(a)(13)(B) of title 10, United States Code, and TURE AND TRANSITION PLAN.—Not later than on the day before the enterprise architecture ap- other costs related to operations referred to in March 15, 2003, the Secretary of Defense shall proval date. paragraph (1). develop a proposed financial management enter- (4) The term ‘‘feeder system’’ means a data (b) AUTHORIZATION CONTINGENT ON BUDGET prise architecture for all budgetary, accounting, feeder system within the meaning of section REQUEST.—The authorization of appropriations finance, and data feeder systems of the Depart- 2222(c)(2) of title 10, United States Code. in subsection (a) shall be effective only to the ment of Defense, together with a transition plan (5) The term ‘‘Financial Management Mod- extent of the amount provided in a budget re- for implementing the proposed enterprise archi- ernization Executive Committee’’ means the Fi- quest for the appropriation of funds for pur- tecture. nancial Management Modernization Executive poses set forth in subsection (a) that is sub- (b) COMPOSITION OF ARCHITECTURE.—The pro- Committee established pursuant to section 185 of mitted by the President to Congress after the posed financial management enterprise architec- title 10, United States Code. date of the enactment of this Act and— ture developed under subsection (a) shall de- SEC. 1007. DEPARTMENTAL ACCOUNTABLE OFFI- (1) includes a designation of the requested scribe a system that, at a minimum— CIALS IN THE DEPARTMENT OF DE- amount as being essential to respond to or pro- (1) includes data standards and system inter- FENSE. tect against acts or threatened acts of terrorism; face requirements that are to apply uniformly (a) DESIGNATION AND ACCOUNTABILITY.— and throughout the Department of Defense; Chapter 165 of title 10, United States Code, is (2) specifies a proposed allocation and plan (2) enables the Department of Defense— amended by inserting after section 2773 the fol- for the use of the appropriation for purposes set (A) to comply with Federal accounting, finan- lowing new section: forth in subsection (a). cial management, and reporting requirements; ‘‘§ 2773a. Departmental accountable officials SEC. 1004. AUTHORIZATION OF EMERGENCY SUP- (B) to routinely produce timely, accurate, and PLEMENTAL APPROPRIATIONS FOR useful financial information for management ‘‘(a) DESIGNATION.—The Secretary of Defense FISCAL YEAR 2002. purposes; may designate, in writing, as a departmental ac- Amounts authorized to be appropriated to the (C) to integrate budget, accounting, and pro- countable official any employee of the Depart- Department of Defense for fiscal year 2002 in the gram information and systems; and ment of Defense or any member of the armed National Defense Authorization Act for Fiscal (D) to provide for the systematic measurement forces who— Year 2002 (Public Law 107–107) are hereby ad- of performance, including the ability to produce ‘‘(1) has a duty to provide a certifying official justed, with respect to any such authorized timely, relevant, and reliable cost information. of the Department of Defense with information, amount, by the amount by which appropriations (c) COMPOSITION OF TRANSITION PLAN.—The data, or services directly relied upon by the cer- pursuant to such authorization were increased transition plan developed under subsection (a) tifying official in the certification of vouchers (by a supplemental appropriation) or decreased shall contain specific time-phased milestones for for payment; and (by a rescission), or both, in any law making modifying or eliminating existing systems and ‘‘(1) is not otherwise accountable under sub- supplemental appropriations for fiscal year 2002 for acquiring new systems necessary to imple- title III of title 31 or any other provision of law that is enacted during the 107th Congress, sec- ment the proposed enterprise architecture. for payments made on the basis of the vouchers. ond session. (d) EXPENDITURES FOR IMPLEMENTATION.— ‘‘(b) PECUNIARY LIABILITY.—(1) The Secretary SEC. 1005. UNITED STATES CONTRIBUTION TO The Secretary of Defense may not obligate more of Defense may, in a designation of a depart- NATO COMMON-FUNDED BUDGETS than $1,000,000 for a defense financial system mental accountable official under subsection IN FISCAL YEAR 2003. improvement on or after the enterprise architec- (a), subject that official to pecuniary liability, (a) FISCAL YEAR 2003 LIMITATION.—The total ture approval date unless the Financial Man- in the same manner and to the same extent as amount contributed by the Secretary of Defense agement Modernization Executive Committee de- an official accountable under subtitle III of title in fiscal year 2003 for the common-funded budg- termines that the defense financial system im- 31, for an illegal, improper, or incorrect payment ets of NATO may be any amount up to, but not provement is consistent with the proposed enter- made pursuant to a voucher certified by a certi- in excess of, the amount specified in subsection prise architecture and transition plan. fying official of the Department of Defense on (b) (rather than the maximum amount that (e) EXPENDITURES PENDING ARCHITECTURE AP- the basis of information, data, or services that— would otherwise be applicable to those contribu- PROVAL.—The Secretary of Defense may not ob- ‘‘(A) the departmental accountable official tions under the fiscal year 1998 baseline limita- ligate more than $1,000,000 for a defense finan- provides to the certifying official in the perform- tion). cial system improvement during the enterprise ance of a duty described in subsection (a)(1); (b) TOTAL AMOUNT.—The amount of the limi- architecture pre-approval period unless the Fi- and tation applicable under subsection (a) is the sum nancial Management Modernization Executive ‘‘(B) the certifying official directly relies upon of the following: Committee determines that the defense financial in certifying the voucher. (1) The amounts of unexpended balances, as system improvement is necessary— ‘‘(2) Any pecuniary liability imposed on a de- of the end of fiscal year 2002, of funds appro- (1) to achieve a critical national security ca- partmental accountable official under this sub- priated for fiscal years before fiscal year 2003 for pability or address a critical requirement in an section for a loss to the United States resulting payments for those budgets. area such as safety or security; or from an illegal, improper, or incorrect payment (2) The amount specified in subsection (c)(1). (2) to prevent a significant adverse effect (in shall be joint and several with that of any other (3) The amount specified in subsection (c)(2). employee or employees of the United States or (4) The total amount of the contributions au- terms of a technical matter, cost, or schedule) on a project that is needed to achieve an essential member or members of the uniformed services thorized to be made under section 2501. who are pecuniarily liable for the loss. (c) AUTHORIZED AMOUNTS.—Amounts author- capability, taking into consideration in the de- termination the alternative solutions for pre- ‘‘(c) RELIEF FROM PECUNIARY LIABILITY.— ized to be appropriated by titles II and III of The Secretary of Defense shall relieve a depart- this Act are available for contributions for the venting the adverse effect. (f) COMPTROLLER GENERAL REVIEW.—Not mental accountable official from pecuniary li- common-funded budgets of NATO as follows: ability imposed under subsection (b) in the case (1) Of the amount provided in section 201(1), later than March 1 of each of 2003, 2004, and of a payment if the Secretary determines that $750,000 for the Civil Budget. 2005, the Comptroller General shall submit to the the payment was not a result of fault or neg- (2) Of the amount provided in section congressional defense committees a report on de- ligence on the part of the departmental account- 301(a)(1), $205,623,000 for the Military Budget. fense financial management system improve- (d) DEFINITIONS.—For purposes of this sec- ments that have been undertaken during the able official. tion: previous year. The report shall include the ‘‘(d) CERTIFYING OFFICIAL DEFINED.—In this (1) COMMON-FUNDED BUDGETS OF NATO.—The Comptroller General’s assessment of the extent section, the term ‘certifying official’ means an term ‘‘common-funded budgets of NATO’’ means to which the improvements comply with the re- employee who has the responsibilities specified the Military Budget, the Security Investment quirements of this section. in section 3528(a) of title 31.’’. Program, and the Civil Budget of the North At- (g) DEFINITIONS.—In this section: (b) CLERICAL AMENDMENT.—The table of sec- lantic Treaty Organization (and any successor (1) The term ‘‘defense financial system tions at the beginning of such chapter is amend- or additional account or program of NATO). improvement’’— ed by inserting after the item relating to section (2) FISCAL YEAR 1998 BASELINE LIMITATION.— (A) means the acquisition of a new budgetary, 2773 the following new item: The term ‘‘fiscal year 1998 baseline limitation’’ accounting, finance, or data feeder system for ‘‘2773a. Departmental accountable offi- cials.’’. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5513 SEC. 1008. DEPARTMENT-WIDE PROCEDURES FOR ‘‘(B) does not dispute the amount of the delin- (2) A discrepancy may not be canceled under ESTABLISHING AND LIQUIDATING quency. paragraph (1) until the Secretary of Defense has PERSONAL PECUNIARY LIABILITY. ‘‘(2) The amount deducted and withheld from made a written determination that the appro- (a) REPORT OF SURVEY PROCEDURES.—(1) pay under paragraph (1) with respect to a debt priate official or officials of the Department of Chapter 165 of title 10, United States Code, is owed a creditor as described in that paragraph Defense have attempted without success to lo- amended by inserting after section 2786 the fol- shall be disbursed to the creditor to reduce the cate the documentation necessary to dem- lowing new section: amount of the debt. onstrate which appropriation should be charged ‘‘§ 2787. Reports of survey ‘‘(3) The amount of pay deducted and with- and further efforts are not in the best interests ‘‘(a) REGULATIONS.—Under regulations pre- held from the pay owed to an employee or mem- of the United States. scribed pursuant to subsection (c), any officer of ber with respect to a pay period under para- (c) CONSULTATION.—The Secretary of Defense the armed forces or any civilian employee of the graph (1) may not exceed 15 percent of the dis- shall consult the Secretary of the Treasury in Department of Defense designated in accord- posable pay of the employee or member for that the exercise of the authority granted by sub- ance with the regulations may act upon reports pay period, except that a higher amount may be sections (a) and (b). of survey and vouchers pertaining to the loss, deducted and withheld with the written consent (d) DURATION OF AUTHORITY.—(1) A par- spoilage, unserviceability, unsuitability, or de- of the employee or member. ticular undistributed disbursement may not be struction of, or damage to, property of the ‘‘(4) The Secretary of Defense shall prescribe canceled under subsection (a) more than 30 days United States under the control of the Depart- procedures for deducting and withholding after the date of the written determination made ment of Defense. amounts from pay under this subsection. The by the Secretary of Defense under such sub- ‘‘(b) FINALITY OF ACTION.—(1) Action taken procedures shall be substantially equivalent to section regarding that undistributed disburse- under subsection (a) is final except as provided the procedures under section 3716 of title 31. ment. in paragraph (2). ‘‘(f) UNDER SECRETARY OF DEFENSE (COMP- (2) A particular discrepancy may not be can- ‘‘(2) An action holding a person pecuniarily TROLLER).—The Secretary of Defense shall act celed under subsection (b) more than 30 days liable for loss, spoilage, destruction, or damage through the Under Secretary of Defense (Comp- after the date of the written determination made is not final until approved by a person des- troller) in carrying out this section. by the Secretary of Defense under such sub- ignated to do so by the Secretary of a military ‘‘(g) DEFINITIONS.—In this section: section regarding that discrepancy. department, commander of a combatant com- ‘‘(1) The term ‘Defense travel card’ means a (3) No authority may be exercised under this mand, or Director of a Defense Agency, as the charge or credit card that— section after the date that is two years after the case may be, who has jurisdiction of the person ‘‘(A) is issued to an employee of the Depart- date of the enactment of this Act. held pecuniarily liable. The person designated ment of Defense or a member of the armed forces to provide final approval shall be an officer of SEC. 1011. ADDITIONAL AMOUNT FOR BALLISTIC under a contract entered into by the Depart- MISSILE DEFENSE OR COMBATING an armed force, or a civilian employee, under ment of Defense and the issuer of the card; and TERRORISM IN ACCORDANCE WITH the jurisdiction of the official making the des- ‘‘(B) is to be used for charging expenses in- NATIONAL SECURITY PRIORITIES OF ignation. curred by the employee or member in connection THE PRESIDENT. ‘‘(c) REGULATIONS.—The Secretary of Defense with official travel. (a) AUTHORIZATION OF APPROPRIATIONS.—In shall prescribe regulations to carry out this sec- ‘‘(2) The term ‘disposable pay’, with respect to addition to other amounts authorized to be ap- tion.’’. a pay period, means the amount equal to the ex- propriated by other provisions of this division, (2) The table of sections at the beginning of cess of the amount of basic pay payable for the there is hereby authorized to be appropriated for chapter 165 of such title is amended by inserting pay period over the total of the amounts de- the Department of Defense for fiscal year 2003, after the item relating to section 2786 the fol- ducted and withheld from such pay.’’. $814,300,000 for whichever of the following pur- lowing new item: (b) CONFORMING AMENDMENT.—Subsection (a) poses the President determines that the addi- ‘‘2787. Reports of survey.’’. of such section is amended by striking ‘‘, acting tional amount is necessary in the national secu- (b) DAMAGE OR REPAIR OF ARMS AND EQUIP- through the Under Secretary of Defense (Comp- rity interests of the United States: MENT.—Section 1007(e) of title 37, United States troller),’’. (1) Research, development, test, and evalua- Code, is amended by striking ‘‘Army or the Air tion for ballistic missile defense programs of the Force’’ and inserting ‘‘Army, Navy, Air Force, SEC. 1010. CLEARANCE OF CERTAIN TRANS- ACTIONS RECORDED IN TREASURY Department of Defense. or Marine Corps’’. SUSPENSE ACCOUNTS AND RESOLU- (2) Activities of the Department of Defense for (c) REPEAL OF SUPERSEDED PROVISIONS.—(1) TION OF CERTAIN CHECK ISSUANCE combating terrorism at home and abroad. Sections 4835 and 9835 of title 10, United States DISCREPANCIES. (b) OFFSET.—The total amount authorized to Code, are repealed. (a) CLEARING OF SUSPENSE ACCOUNTS.—(1) In (2) The tables of sections at the beginning of be appropriated under the other provisions of the case of any transaction that was entered this division is hereby reduced by $814,300,000 to chapters 453 and 953 of such title are amended into by or on behalf of the Department of De- by striking the items relating to sections 4835 reflect the amounts that the Secretary deter- fense before March 1, 2001, that is recorded in and 9835, respectively. mines unnecessary by reason of a revision of as- the Department of Treasury Budget Clearing sumptions regarding inflation that are applied SEC. 1009. TRAVEL CARD PROGRAM INTEGRITY. Account (Suspense) designated as account as a result of the midsession review of the budg- (a) AUTHORITY.—Section 2784 of title 10, F3875, the Unavailable Check Cancellations and et conducted by the Office of Management and United States Code, is amended by adding at the Overpayments (Suspense) designated as account end the following new subsections: Budget during the spring and early summer of F3880, or an Undistributed Intergovernmental ‘‘(d) DISBURSEMENT OF ALLOWANCES DI- 2002. Payments account designated as account F3885, RECTLY TO CREDITORS.—(1) The Secretary of De- (c) PRIORITY FOR ALLOCATING FUNDS.—In the fense may require that any part of the travel or and for which no appropriation for the Depart- expenditure of additional funds made available transportation allowances of an employee of the ment of Defense has been identified— by a lower rate of inflation, the top priority Department of Defense or a member of the (A) any undistributed collection credited to shall be the use of such funds for Department of armed forces be disbursed directly to the issuer such account in such case shall be deposited to Defense activities for protecting the American of a Defense travel card if the amount is dis- the miscellaneous receipts of the Treasury; and people at home and abroad by combating ter- bursed to the issuer in payment of amounts of (B) subject to paragraph (2), any undistrib- rorism at home and abroad. uted disbursement recorded in such account in expenses of official travel that are charged by SEC. 1012. AVAILABILITY OF AMOUNTS FOR OR- the employee or member on the Defense travel such case shall be canceled. EGON ARMY NATIONAL GUARD FOR card. (2) An undistributed disbursement may not be SEARCH AND RESCUE AND MEDICAL ‘‘(2) For the purposes of this subsection, the canceled under paragraph (1) until the Sec- EVACUATION MISSIONS IN ADVERSE travel and transportation allowances referred to retary of Defense has made a written determina- WEATHER CONDITIONS. in paragraph (1) are amounts to which an em- tion that the appropriate official or officials of (a) INCREASE IN AUTHORIZATION OF APPRO- ployee of the Department of Defense is entitled the Department of Defense have attempted with- PRIATIONS FOR ARMY PROCUREMENT.—The under section 5702 of title 5 and or a member of out success to locate the documentation nec- amount authorized to be appropriated by section the armed forces is entitled section 404 of title essary to demonstrate which appropriation 101(1) for procurement for the Army for aircraft 37. should be charged and further efforts are not in is hereby increased by $3,000,000. ‘‘(e) OFFSETS FOR DELINQUENT TRAVEL CARD the best interests of the United States. (b) AVAILABILITY.—Of the amount authorized CHARGES.—(1) The Secretary of Defense may re- (b) RESOLUTION OF CHECK ISSUANCE DISCREP- to be appropriated by section 101(1) for procure- quire that there be deducted and withheld from ANCIES.—(1) In the case of any check drawn on ment for the Army for aircraft, as increased by any pay payable to an employee of the Depart- the Treasury that was issued by or on behalf of subsection (a), $3,000,000 shall be available for ment of Defense or a member of the armed forces the Department of Defense before October 31, the upgrade of three UH–60L Blackhawk heli- any amount that is owed by the employee or 1998, for which the Secretary of the Treasury copters of the Oregon Army National Guard to member to a creditor by reason of one or more has reported to the Department of Defense a dis- the capabilities of UH–60Q Search and Rescue charges of expenses of official travel of the em- crepancy between the amount paid and the model helicopters, including Star Safire FLIR, ployee or member on a Defense travel card amount of the check as transmitted to the De- Breeze-Eastern External Rescue Hoist, and Air issued by the creditor if the employee or partment of Treasury, and for which no specific Methods COTS Medical Systems upgrades, in member— appropriation for the Department of Defense order to improve the utility of such UH–60L ‘‘(A) is delinquent in the payment of such can be identified as being associated with the Blackhawk helicopters in search and rescue and amount under the terms of the contract under check, the discrepancy shall be canceled, subject medical evacuation missions in adverse weather which the card is issued; and to paragraph (2). conditions. H5514 CONGRESSIONAL RECORD — HOUSE July 25, 2002

(c) INCREASE IN AUTHORIZATION OF APPRO- with the achievement of safety of operation and for in the report of the latest Quadrennial De- PRIATIONS FOR MILITARY PERSONNEL.—The fire support capabilities meeting the fire support fense Review. amount authorized to be appropriated by section requirements of the Marine Corps, but not later ‘‘(b) CONTENT.—The ship construction plan 421 for military personnel is hereby increased by than October 1, 2006. included in the defense budget materials for a $1,800,000. SEC. 1023. REPORT ON INITIATIVES TO INCREASE fiscal year shall provide in detail for the con- (d) AVAILABILITY.—Of the amount authorized OPERATIONAL DAYS OF NAVY SHIPS. struction of combatant and support ships for the to be appropriated by section 421 for military (a) REQUIREMENT FOR REPORT ON INITIA- Navy over the 30 consecutive fiscal years begin- personnel, as increased by subsection (d), TIVES.—(1) The Under Secretary of Defense for ning with the fiscal year covered by the defense $1,800,000 shall be available for up to 26 addi- Acquisition, Technology, and Logistics shall budget materials and shall include the following tional personnel for the Oregon Army National submit to the Committees on Armed Services of matters: Guard. the Senate and the House of Representatives a ‘‘(1) A description of the necessary ship force (e) OFFSET.—The amount authorized to be ap- report on Department of Defense initiatives to structure of the Navy. propriated by section 301(a)(1) for operation and increase the number of operational days of Navy ‘‘(2) The estimated levels of funding necessary maintenance for the Army is hereby reduced by ships as described in subsection (b). to carry out the plan, together with a discussion $4,800,000, with the amount of the reduction to (2) The report shall cover the ongoing Depart- of the procurement strategies on which such es- be allocated to Base Operations Support ment of Defense initiatives as well as potential timated funding levels are based. (Servicewide Support). initiatives that are under consideration within ‘‘(3) A certification by the Secretary of De- Subtitle B—Naval Vessels and Shipyards the Department of Defense. fense that both the budget for the fiscal year (b) INITIATIVES WITHIN LIMITS OF EXISTING covered by the defense budget materials and the SEC. 1021. NUMBER OF NAVY SURFACE COMBAT- FLEET AND DEPLOYMENT POLICY.—The Under future-years defense program submitted to Con- ANTS IN ACTIVE AND RESERVE gress in relation to such budget under section SERVICE. Secretary shall, in the report, assess the feasi- 221 of this title provide for funding ship con- (a) CONTINGENT REQUIREMENT FOR REPORT.— bility and identify the projected effects of con- struction for the Navy at a level that is suffi- If, on the date of the enactment of this Act, the ducting initiatives that have the potential to in- cient for the procurement of the ships provided total number of Navy ships comprising the force crease the number of operational days of Navy for in the plan on schedule. of surface combatants is less than 116, the Sec- ships available to the commanders-in-chief of ‘‘(4) If the budget for the fiscal year provides retary of the Navy shall submit a report on the the regional unified combatant commands with- for funding ship construction at a level that is size of that force to the Committees on Armed out increasing the number of Navy ships and not sufficient for the recapitalization of the Services of the Senate and the House of Rep- without increasing the routine lengths of de- force of Navy ships at the annual rate necessary resentatives. The report shall be submitted not ployments of Navy ships above six months. to sustain the force, an assessment (coordinated later than 90 days after such date and shall in- (c) REQUIRED FOCUS AREAS.—The report with the commanders of the combatant com- clude a risk assessment for such force that is shall, at a minimum, address the following four mands in advance) that describes and discusses based on the same assumptions as those that focus areas: the risks associated with the reduced force were applied in the QDR 2001 current force risk (1) Assignment of additional ships, including structure that will result from funding ship con- assessment. submarines, to home ports closer to the areas of struction at such insufficient level. (b) LIMITATION ON REDUCTION.—The force of operation for the ships (known as ‘‘forward ‘‘(c) DEFINITIONS.—In this section: surface combatants may not be reduced at any homeporting’’). (2) Assignment of ships to remain in a forward ‘‘(1) The term ‘budget’, with respect to a fiscal time after the date of the enactment of this Act year, means the budget for such fiscal year that from a number of ships (whether above, equal area of operations, together with rotation of crews for each ship so assigned. is submitted to Congress by the President under to, or below 116) to a number of ships below 116 section 1105(a) of title 31. before the date that is 90 days after the date on (3) Retention of ships for use until the end of the full service life, together with investment of ‘‘(2) The term ‘defense budget materials’, with which the Secretary of the Navy submits to the respect to a fiscal year, means the materials sub- committees referred to in subsection (a) a writ- the funds necessary to support retention to that extent. mitted to Congress by the Secretary of Defense ten notification of the reduction. The notifica- in support of the budget for such fiscal year. tion shall include the following information: (4) Prepositioning of additional ships with, under normal circumstances, small crews in a ‘‘(3) The term ‘Quadrennial Defense Review’ (1) The schedule for the reduction. means the Quadrennial Defense Review that is (2) The number of ships that are to comprise forward area of operations. (d) TIME FOR SUBMITTAL.—The report shall be carried out under section 118 of this title.’’. the reduced force of surface combatants. (2) The table of sections at the beginning of (3) A risk assessment for the reduced force submitted at the same time that the President submits the budget for fiscal year 2004 to Con- such chapter is amended by adding at the end that is based on the same assumptions as those the following new item: that were applied in the QDR 2001 current force gress under section 1105(a) of title 31, United ‘‘231. Annual ship construction plan.’’. risk assessment. States Code. (c) PRESERVATION OF SURGE CAPABILITY.— SEC. 1024. ANNUAL LONG-RANGE PLAN FOR THE Subtitle C—Reporting Requirements Whenever the total number of Navy ships com- CONSTRUCTION OF SHIPS FOR THE SEC. 1031. REPEAL AND MODIFICATION OF VAR- prising the force of surface combatants is less NAVY. IOUS REPORTING REQUIREMENTS than 116, the Secretary of the Navy shall main- (a) FINDINGS.—Congress makes the following APPLICABLE WITH RESPECT TO THE tain on the Naval Vessel Register a sufficient findings: DEPARTMENT OF DEFENSE. number of surface combatant ships to enable the (1) Navy ships provide a forward presence for (a) PROVISIONS OF TITLE 10.—Title 10, United Navy to regain a total force of 116 surface com- the United States that is a key to the national States Code, is amended as follows: batant ships in active and reserve service in the defense of the United States. (1)(A) Section 183 is repealed. Navy within 120 days after the President decides (2) The Navy has demonstrated that its ships (B) The table of sections at the beginning of to increase the force of surface combatants. contribute significantly to homeland defense. chapter 7 is amended by striking the item relat- (3) The Navy’s ship recapitalization plan is (d) DEFINITIONS.—In this section: ing to section 183. (1) The term ‘‘force of surface combatants’’ inadequate to maintain the ship force structure (2)(A) Sections 226 and 230 are repealed. means the surface combatant ships in active and that is described as the current force in the 2001 (B) The table of sections at the beginning of reserve service in the Navy. Quadrennial Defense Review. chapter 9 is amended by striking the items relat- (2) The term ‘‘QDR 2001 current force risk as- (4) The Navy is decommissioning ships as ing to sections 226 and 230. (3) Effective two years after the date of the sessment’’ means the risk assessment associated much as 10 years earlier than the projected ship enactment of this Act— with a force of 116 surface combatant ships in life upon which ship replacement rates are (A) section 483 is repealed; and active and reserve service in the Navy that is set based. (B) the table of sections at the beginning of forth in the report on the quadrennial defense (5) The current force was assessed in the 2001 chapter 23 is amended by striking the item relat- review submitted to Congress on September 30, Quadrennial Defense Review as having mod- erate to high risk, depending on the scenario ing to section 483. 2001, under section 118 of title 10, United States (4) Section 526 is amended by striking sub- Code. considered. (b) ANNUAL SHIP CONSTRUCTION PLAN.—(1) section (c). SEC. 1022. PLAN FOR FIELDING THE 155-MILLI- Chapter 9 of title 10, United States Code, is (5) Section 721(d) is amended— METER GUN ON A SURFACE COMBAT- (A) by striking paragraph (2); and ANT. amended by adding at the end the following new section: (B) by striking ‘‘(1)’’ before ‘‘If an officer’’. (a) REQUIREMENT FOR PLAN.—The Secretary (6) Section 1095(g) is amended— of the Navy shall submit to Congress a plan for ‘‘§ 231. Annual ship construction plan (A) by striking paragraph (2); and fielding the 155-millimeter gun on one surface ‘‘(a) ANNUAL SHIP CONSTRUCTION PLAN.—The (B) by striking ‘‘(1)’’ after ‘‘(g)’’. combatant ship in active service in the Navy. Secretary of Defense shall include in the defense (7) Section 1798 is amended by striking sub- The Secretary shall submit the plan at the same budget materials for each fiscal year a plan for section (d). time that the President submits the budget for the construction of combatant and support ships (8) Section 1799 is amended by striking sub- fiscal year 2004 to Congress under section for the Navy that— section (d). 1105(a) of title 31, United States Code. ‘‘(1) supports the National Security Strategy; (9) Section 2220 is amended— (b) FIELDING ON EXPEDITED SCHEDULE.—The or (A) by striking subsections (b) and (c); plan shall provide for fielding the 155-millimeter ‘‘(2) if there is no National Security Strategy (B) by striking ‘‘(1)’’ after ‘‘ESTABLISHMENT gun on an expedited schedule that is consistent in effect, supports the ship force structure called OF GOALS.—’’; and July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5515 (C) by striking ‘‘(2) The’’ and inserting ‘‘(b) that were undertaken during such fiscal year, ‘‘(14) Other elements of Department of De- EVALUATION OF COST GOALS.—The’’. including a discussion of the relevance of such fense programs and Federal Government policies (10) Section 2350a(g) is amended by striking programs to applicable decisions of the Joint Re- and programs that affect the quality of life of paragraph (4). quirements Oversight Council; and members. (11) Section 2350f is amended by striking sub- (2) set forth separately a description of the re- ‘‘(d) SUBMISSION OF QQLR TO CONGRESSIONAL section (c). search and development activities, if any, to de- COMMITTEES.—The Secretary shall submit a re- (12) Section 2350k is amended by striking sub- velop a weapon referred to in that subsection port on each quadrennial quality of life review section (d). that were undertaken during such fiscal year by to the Committees on Armed Services of the Sen- (13) Section 2367(d) is amended by striking each military department, the Department of ate and the House of Representatives. The re- ‘‘EFFORT.—(1) In the’’ and all that follows Energy, and the Central Intelligence Agency. port shall be submitted not later than September through ‘‘(2) After the close of’’ and inserting SEC. 1033. REVISION OF DATE OF ANNUAL RE- 30 of the year in which the review is conducted. ‘‘EFFORT.—After the close of’’. PORT ON COUNTERPROLIFERATION The report shall include the following: (14) Section 2391 is amended by striking sub- ACTIVITIES AND PROGRAMS. ‘‘(1) The results of the review, including a section (c). Section 1503(a) of the National Defense Au- comprehensive discussion of how the quality of (15) Section 2486(b)(12) is amended by striking thorization Act for Fiscal Year 1995 (22 U.S.C. life of members of the armed forces affects the ‘‘, except that’’ and all that follows and insert- 2751 note) is amended by striking ‘‘February 1 of national security strategy of the United States. ing the following: ‘‘, except that the Secretary each year’’ and inserting ‘‘May 1 each year’’. ‘‘(2) The long-term quality of life problems of shall notify Congress of any addition of, or SEC. 1034. QUADRENNIAL QUALITY OF LIFE RE- the armed forces, together with proposed solu- change in, a merchandise category under this VIEW. tions. paragraph.’’. (a) REQUIREMENT FOR REVIEW.—Chapter 23 of ‘‘(3) The short-term quality of life problems of (16) Section 2492 is amended by striking sub- title 10, United States Code, is amended by add- the armed forces, together with proposed solu- section (c) and inserting the following: ing at the end the following new section: tions. ‘‘(c) NOTIFICATION OF CONDITIONS NECESSI- ‘‘§ 488. Quadrennial quality of life review ‘‘(4) The assumptions used in the review. TATING RESTRICTIONS.—The Secretary of De- ‘‘(a) REVIEW REQUIRED.—(1) The Secretary of ‘‘(5) The effects of quality of life problems on fense shall notify Congress of any change pro- Defense shall every four years, two years after the morale of the members of the armed forces. posed or made to any of the host nation laws or the submission of the quadrennial defense re- ‘‘(6) The quality of life problems that affect any of the treaty obligations of the United view to Congress under section 118 of this title, the morale of members of the reserve components States, and any changed conditions within host conduct a comprehensive examination of the in particular, together with solutions. nations, if the change would necessitate the use quality of life of the members of the armed ‘‘(7) The effects of quality of life problems on of quantity or other restrictions on purchases in forces (to be known as the ‘quadrennial quality military preparedness and readiness. commissary and exchange stores located outside of life review’). The review shall include exam- ‘‘(8) The appropriate ratio of— the United States.’’. ination of the programs, projects, and activities ‘‘(A) the total amount expended by the De- (17)(A) Section 2504 is repealed. of the Department of Defense, including the mo- partment of Defense in a fiscal year for pro- (B) The table of sections at the beginning of rale, welfare, and recreation activities. grams, projects, and activities designed to im- subchapter II of chapter 148 is amended by ‘‘(2) The quadrennial review shall be designed prove the quality of life of members of the armed striking the item relating to section 2504. to result in determinations, and to foster policies forces, to (18) Section 2506— and actions, that reflect the priority given the ‘‘(B) the total amount expended by the De- (A) is amended by striking subsection (b); and quality of life of members of the armed forces as partment of Defense in the fiscal year.’’. (B) by striking ‘‘(a) DEPARTMENTAL GUID- a primary concern of the Department of Defense (b) CLERICAL AMENDMENT.—The table of sec- ANCE.—’’. leadership. tions at the beginning of such chapter is amend- (19) Section 2537(a) is amended by striking ‘‘(b) CONDUCT OF REVIEW.—Each quadrennial ed by adding at the end the following new item: ‘‘$100,000’’ and inserting ‘‘$10,000,000’’. quality of life review shall be conducted so as— (20) Section 2611 is amended by striking sub- ‘‘488. Quadrennial quality of life review.’’. ‘‘(1) to assess quality of life priorities and section (e). SEC. 1035. REPORTS ON EFFORTS TO RESOLVE issues consistent with the most recent National (21) Section 2667(d) is amended by striking WHEREABOUTS AND STATUS OF CAP- Security Strategy prescribed by the President paragraph (3). TAIN MICHAEL SCOTT SPEICHER, pursuant to section 108 of the National Security (22) Section 2813 is amended by striking sub- UNITED STATES NAVY. Act of 1947 (50 U.S.C. 404a); section (c). (a) REPORTS.— Not later than 60 days after ‘‘(2) to identify actions that are needed in (23) Section 2827 is amended— the date of the enactment of this Act, and every order to provide members of the armed forces (A) by striking subsection (b); and 90 days thereafter, the Secretary of Defense with the quality of life reasonably necessary to (B) by striking ‘‘(a) Subject to subsection (b), shall, in consultation with the Secretary of encourage the successful execution of the full the Secretary’’ and inserting ‘‘The Secretary’’. State and the Director of Central Intelligence, (24) Section 2867 is amended by striking sub- range of missions that the members are called on submit to Congress a report on the efforts of the section (c). to perform under the national security strategy; United States Government to determine the ‘‘(3) to provide a full accounting of the back- (25) Section 4416 is amended by striking sub- whereabouts and status of Captain Michael log of installations in need of maintenance and section (f). Scott Speicher, United States Navy. (26) Section 5721(f) is amended— repair, to determine how the disrepair affects (b) PERIOD COVERED BY REPORTS.—The first (A) by striking paragraph (2); and performance and quality of life of members and report under subsection (a) shall cover efforts (B) by striking ‘‘(1)’’ after the subsection their families, and to identify the budget plan described in that subsection preceding the date heading. that would be required to provide the resources of the report, and each subsequent report shall (b) NATIONAL DEFENSE AUTHORIZATION ACT necessary to remedy the backlog of maintenance cover efforts described in that subsection during FOR FISCAL YEAR 1995.—Section 553(b) of the and repair; and the 90-day period ending on the date of such re- National Defense Authorization Act for Fiscal ‘‘(4) to identify other actions that have the port. Year 1995 (Public Law 103–337; 108 Stat. 2772; 10 potential for improving the quality of life of the (c) REPORT ELEMENTS.—Each report under U.S.C. 4331 note) is amended by striking the last members of the armed forces. subsection (a) shall describe, for the period cov- ‘‘(c) CONSIDERATIONS.—Among the matters sentence. ered by such report— considered by the Secretary in conducting the (c) BALLISTIC MISSILE DEFENSE ACT OF 1995.— (1) all direct and indirect contacts with the Section 234 of the Ballistic Missile Defense Act quadrennial review, the Secretary shall include Government of Iraq, or any successor govern- of 1995 (subtitle C of title II of Public Law 104– the following matters: ment, regarding the whereabouts and status of ‘‘(1) Infrastructure. 106; 10 U.S.C. 2431 note) is amended by striking Michael Scott Speicher; ‘‘(2) Military construction. (2) any request made to the government of an- subsection (f). ‘‘(3) Physical conditions at military installa- other country, including the intelligence service SEC. 1032. ANNUAL REPORT ON WEAPONS TO DE- tions and other Department of Defense facilities. of such country, for assistance in resolving the FEAT HARDENED AND DEEPLY BUR- ‘‘(4) Budget plans. IED TARGETS. ‘‘(5) Adequacy of medical care for members of whereabouts and status of Michael Scott (a) ANNUAL REPORT.—Not later than April 1, the armed forces and their dependents. Speicher, including the response to such request; 2003, and each year thereafter, the Secretary of ‘‘(6) Adequacy of housing and the basic allow- (3) each current lead on the whereabouts and Defense, Secretary of Energy, and Director of ance for housing and basic allowance for sub- status of Michael Scott Speicher, including an Central Intelligence shall jointly submit to the sistence. assessment of the utility of such lead in resolv- congressional defense committees a report on the ‘‘(7) Housing-related utility costs. ing the whereabouts and status of Michael Scott research and development activities undertaken ‘‘(8) Educational opportunities and costs. Speicher; and by their respective agencies during the pre- ‘‘(9) Length of deployments. (4) any cooperation with nongovernmental or- ceding fiscal year to develop a weapon to defeat ‘‘(10) Rates of pay, and pay differentials be- ganizations or international organizations in re- hardened and deeply buried targets. tween the pay of members and the pay of civil- solving the whereabouts and status of Michael (b) REPORT ELEMENTS.—The report for a fiscal ians. Scott Speicher, including the results of such co- year under subsection (a) shall— ‘‘(11) Retention and recruiting efforts. operation. (1) include a discussion of the integration and ‘‘(12) Workplace safety. (d) FORM OF REPORTS.—Each report under interoperability of the various programs to de- ‘‘(13) Support services for spouses and chil- subsection (a) shall be submitted in classified velop a weapon referred to in that subsection dren. form, but may include an unclassified summary. H5516 CONGRESSIONAL RECORD — HOUSE July 25, 2002 SEC. 1036. REPORT ON EFFORTS TO ENSURE ADE- SEC. 1040. BIANNUAL REPORTS ON CONTRIBU- time National Guard duty under orders author- QUACY OF FIRE FIGHTING STAFFS TIONS TO PROLIFERATION OF WEAP- ized under subsection (a) shall participate in the AT MILITARY INSTALLATIONS. ONS OF MASS DESTRUCTION AND training required under section 502(a) of this Not later than Mary 31, 2003, the Secretary of DELIVERY SYSTEMS BY COUNTRIES title in addition to the duty performed for the OF PROLIFERATION CONCERN. Defense shall submit to Congress a report on the purpose authorized under that subsection. The (a) REPORTS.—Not later than six months after actions being undertaken to ensure that the fire the date of the enactment of this Act, and every pay, allowances, and other benefits of the mem- fighting staffs at military installations are ade- six months thereafter, the President shall submit ber while participating in the training shall be quate under applicable Department of Defense to Congress a report identifying each foreign the same as those to which the member is enti- regulations. person that, during the six-month period ending tled while performing duty for the purpose of carrying out homeland security activities. The SEC. 1037. REPORT ON DESIGNATION OF CERTAIN on the date of such report, made a material con- LOUISIANA HIGHWAY AS DEFENSE tribution to the development by a country of member is not entitled to additional pay, allow- ACCESS ROAD. proliferation concern of— ances, or other benefits for participation in Not later than March 1, 2003, the Secretary of (1) nuclear, biological, or chemical weapons; training required under section 502(a)(1) of this the Army shall submit to the congressional de- or title. ‘‘(d) READINESS.—To ensure that the use of fense committees a report containing the results (2) ballistic or cruise missile systems. units and personnel of the National Guard of a of a study on the advisability of designating (b) FORM OF SUBMITTAL.—(1) A report under State for homeland security activities does not Louisiana Highway 28 between Alexandria, subsection (a) may be submitted in classified degrade the training and readiness of such units Louisiana, and Leesville, Louisiana, a road pro- form, whether in whole or in part, if the Presi- and personnel, the following requirements shall viding access to the Joint Readiness Training dent determines that submittal in that form is apply in determining the homeland security ac- Center, Louisiana, and to Fort Polk, Louisiana, advisable. tivities that units and personnel of the National as a defense access road for purposes of section (2) Any portion of a report under subsection Guard of a State may perform: 210 of title 23, United States Code. (a) that is submitted in classified form shall be accompanied by an unclassified summary of ‘‘(1) The performance of the activities may not SEC. 1038. PLAN FOR FIVE-YEAR PROGRAM FOR such portion. adversely affect the quality of that training or ENHANCEMENT OF MEASUREMENT (c) DEFINITIONS.—In this section: otherwise interfere with the ability of a member AND SIGNATURES INTELLIGENCE or unit of the National Guard to perform the CAPABILITIES. (1) The term ‘‘foreign person’’ means— (A) a natural person that is an alien; military functions of the member or unit. (a) FINDING.—Congress finds that the na- (B) a corporation, business association, part- ‘‘(2) National Guard personnel will not de- tional interest will be served by the rapid exploi- nership, society, trust, or any other nongovern- grade their military skills as a result of per- tation of basic research on sensors for purposes mental entity, organization, or group that is or- forming the activities. of enhancing the measurement and signatures ganized under the laws of a foreign country or ‘‘(3) The performance of the activities will not intelligence (MASINT) capabilities of the Fed- has its principal place of business in a foreign result in a significant increase in the cost of eral Government. country; training. (b) PLAN FOR PROGRAM.—(1) Not later than (C) any foreign governmental entity operating ‘‘(4) In the case of homeland security per- March 30, 2003, the Director of the Central as a business enterprise; and formed by a unit organized to serve as a unit, Measurement and Signatures Intelligence Office (D) any successor, subunit, or subsidiary of the activities will support valid unit training re- shall submit to Congress a plan for a five-year any entity described in subparagraph (B) or (C). quirements. program of research intended to provide for the (2) The term ‘‘country of proliferation con- ‘‘(e) PAYMENT OF COSTS.—(1) The Secretary of incorporation of the results of basic research on cern’’ means any country identified by the Di- Defense shall provide funds to the Governor of sensors into the measurement and signatures in- rector of Central Intelligence as having engaged a State to pay costs of the use of personnel of telligence systems fielded by the Federal Govern- in the acquisition of dual-use and other tech- the National Guard of the State for the perform- ment, including the review and assessment of nology useful for the development or production ance of homeland security activities under this basic research on sensors for that purpose. of weapons of mass destruction (including nu- section. Such funds shall be used for the fol- clear, chemical, and biological weapons) and lowing costs: (2) Activities under the plan shall be carried advanced conventional munitions in the most ‘‘(A) The pay, allowances, clothing, subsist- out by a consortium consisting of such govern- current report under section 721 of the Combat- ence, gratuities, travel, and related expenses mental and non-governmental entities as the Di- ting Proliferation of Weapons of Mass Destruc- (including all associated training expenses, as rector considers appropriate for purposes of in- tion Act of 1996 (title VII of Public Law 104–293; determined by the Secretary), as authorized by corporating the broadest practicable range of 50 U.S.C. 2366), or any successor report on the State law, of personnel of the National Guard of sensor capabilities into the systems referred to in acquisition by foreign countries of dual-use and that State used, while not in Federal service, for paragraph (1). The consortium may include na- other technology useful for the development or the purpose of homeland security activities. tional laboratories, universities, and private sec- production of weapons of mass destruction. ‘‘(B) The operation and maintenance of the tor entities. Subtitle D—Homeland Defense equipment and facilities of the National Guard (3) The plan shall include a proposal for the of that State used for the purpose of homeland funding of activities under the plan, including SEC. 1041. HOMELAND SECURITY ACTIVITIES OF security activities. THE NATIONAL GUARD. cost-sharing by non-governmental participants ‘‘(2) The Secretary of Defense shall require the (a) AUTHORITY.—Chapter 1 of title 32, United in the consortium under paragraph (2). head of a law enforcement agency receiving States Code, is amended by adding at the end support from the National Guard of a State in SEC. 1039. REPORT ON VOLUNTEER SERVICES OF the following new section: MEMBERS OF THE RESERVE COMPO- the performance of homeland security activities NENTS IN EMERGENCY RESPONSE ‘‘§ 116. Homeland security activities under this section to reimburse the Department TO THE TERRORIST ATTACKS OF ‘‘(a) USE OF PERSONNEL PERFORMING FULL- of Defense for the payments made to the State SEPTEMBER 11, 2001. TIME NATIONAL GUARD DUTY.—The Governor of for such support under paragraph (1). (a) REQUIREMENT FOR REPORT.—Not later a State may, upon the request by the head of a ‘‘(f) MEMORANDUM OF AGREEMENT.—The Sec- than 90 days after the date of the enactment of Federal law enforcement agency and with the retary of Defense and the Governor of a State this Act, the Secretary of Defense shall submit concurrence of the Secretary of Defense, order shall enter into a memorandum of agreement to the Committees on Armed Services of the Sen- any personnel of the National Guard of the with the head of each Federal law enforcement ate and the House of Representatives a report State to perform full-time National Guard duty agency to which the personnel of the National on volunteer services described in subsection (b) under section 502(f) of this title for the purpose Guard of that State are to provide support in that were provided by members of the National of carrying out homeland security activities, as the performance of homeland security activities Guard and other reserve components of the described in subsection (b). under this section. The memorandum of agree- Armed Forces, while not in a duty status pursu- ‘‘(b) PURPOSE AND DURATION.—(1) The pur- ment shall— ant to orders, during the period of September 11 pose for the use of personnel of the National ‘‘(1) specify how personnel of the National through 14, 2001. The report shall include a dis- Guard of a State under this section is to tempo- Guard are to be used in homeland security ac- cussion of any personnel actions that the Sec- rarily provide trained and disciplined personnel tivities; retary considers appropriate for the members re- to a Federal law enforcement agency to assist ‘‘(2) include a certification by the Adjutant garding the performance of such services. that agency in carrying out homeland security General of the State that those activities are to activities until that agency is able to recruit and be performed at a time when the personnel are (b) COVERED SERVICES.—The volunteer serv- train a sufficient force of Federal employees to ices referred to in subsection (a) are as follows: not in Federal service; perform the homeland security activities. ‘‘(3) include a certification by the Adjutant (1) Volunteer services provided in the vicinity ‘‘(2) The duration of the use of the National General of the State that— of the site of the World Trade Center, New York, Guard of a State under this section shall be lim- ‘‘(A) participation by National Guard per- New York, in support of emergency response to ited to a period of 179 days. The Governor of the sonnel in those activities is service in addition to the terrorist attack on the World Trade Center State may, with the concurrence of the Sec- training required under section 502 of this title; on September 11, 2001. retary of Defense, extend the period one time for and (2) Volunteer services provided in the vicinity an additional 90 days to meet extraordinary cir- ‘‘(B) the requirements of subsection (d) of this of the Pentagon in support of emergency re- cumstances. section will be satisfied; sponse to the terrorist attack on the Pentagon ‘‘(c) RELATIONSHIP TO REQUIRED TRAINING.— ‘‘(4) include a certification by the Attorney on September 11, 2001. A member of the National Guard serving on full- General of the State (or, in the case of a State July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5517 with no position of Attorney General, a civilian bodily injury through the release, dissemina- (ii) The relationships among the leaders of the official of the State equivalent to a State attor- tion, or impact of toxic or poisonous chemicals organizations (including the Secretary of De- ney general), that the use of the National Guard or their precursors; fense, the Joint Chiefs of Staff, the Commander of the State for the activities provided for under ‘‘(B) any weapon that involves a disease orga- in Chief of United States Northern Command, the memorandum of agreement is authorized by, nism; the Commanders in Chief of the other regional and is consistent with, State law; ‘‘(C) any weapon that is designed to release unified combatant commands, and the reserve ‘‘(5) include a certification by the Governor of radiation or radioactivity at a level dangerous components) in the performance of such duties. the State or a civilian law enforcement official to human life; and (iii) The reviews, evaluations, and standards of the State designated by the Governor that the ‘‘(D) any large conventional explosive that is that are established or are to be established for activities provided for under the memorandum designed to produce catastrophic loss of life or determining and ensuring the readiness of the of agreement serve a State law enforcement pur- property.’’. organizations to perform such duties. pose; and (b) CONFORMING AMENDMENT.—Section (2) RESPONSE TO ATTACK ON CRITICAL INFRA- ‘‘(6) include a certification by the head of the 12310(c)(1) of such title is amended by striking STRUCTURE.— Federal law enforcement agency that the agen- ‘‘section 1403 of the Defense Against Weapons of (A) IN GENERAL.—The homeland defense cam- cy will have a plan to ensure that the agency’s Mass Destruction Act of 1996 (50 U.S.C. paign plan shall contain an outline of the duties requirement for National Guard support ends 2302(1))’’ and inserting ‘‘section 12304(i)(2) of and capabilities of the Department of Defense not later than 179 days after the commencement this title’’. for responding to an attack on critical infra- of the support. SEC. 1044. REPORT ON DEPARTMENT OF DE- structure of the United States, including re- ‘‘(g) EXCLUSION FROM END-STRENGTH COM- FENSE HOMELAND DEFENSE ACTIVI- sponding to an attack on critical infrastructure PUTATION.—Notwithstanding any other provi- TIES. of the department, by means of a weapon of sion of law, members of the National Guard on (a) REPORT REQUIRED.—Not later than Feb- mass destruction or a CBRNE weapon or by a active duty or full-time National Guard duty for ruary 1, 2003, the Secretary of Defense shall cyber means. the purposes of administering (or during fiscal submit to the congressional defense committees a (B) VARIOUS ATTACK SCENARIOS.—The outline year 2003 otherwise implementing) this section report on what actions of the Department of De- shall specify, for each major category of attack shall not be counted toward the annual end fense would be necessary to carry out the Sec- by a means described in subparagraph (A), the strength authorized for reserves on active duty retary’s expressed intent— variations in the duties, responses, and capabili- in support of the reserve components of the (1) to place new emphasis on the unique oper- ties of the various Department of Defense orga- armed forces or toward the strengths authorized ational demands associated with the defense of nizations that result from the variations in the in sections 12011 and 12012 of title 10. the United States homeland; and means of the attack. ‘‘(h) ANNUAL REPORT.—The Secretary of De- (2) to restore the mission of defense of the (C) DEFICIENCIES.—The outline shall identify fense shall submit to Congress an annual report United States to the position of being the pri- any deficiencies in capabilities and set forth a regarding any assistance provided and activities mary mission of the Department of Defense. plan for rectifying any such deficiencies. carried out under this section during the pre- (b) CONTENT OF THE REPORT.—The report (D) LEGAL IMPEDIMENTS.—The outline shall ceding fiscal year. The report shall include the shall contain, in accordance with the other pro- identify and discuss each impediment in law to following: visions of this section, the following matters: the effective performance of the homeland de- ‘‘(1) The number of members of the National (1) HOMELAND DEFENSE CAMPAIGN PLAN.—A fense mission. Guard excluded under subsection (g) from the homeland defense campaign plan. (3) ROLES AND RESPONSIBILITIES IN INTER- (2) INTELLIGENCE.—A discussion of the rela- computation of end strengths. AGENCY PROCESS.— ‘‘(2) A description of the homeland security tionship between— (A) IN GENERAL.—The homeland defense cam- (A) the intelligence capabilities of— activities conducted with funds provided under paign plan shall contain a discussion of the (i) the Department of Defense; and roles and responsibilities of the Department of this section. (ii) other departments and agencies of the ‘‘(3) An accounting of the amount of funds Defense in the interagency process of policy- United States; and making and planning for homeland defense. provided to each State. (B) the performance of the homeland defense ‘‘(4) A description of the effect on military (B) INTEGRATION WITH STATE AND LOCAL AC- mission. training and readiness of using units and per- TIVITIES.—The homeland defense campaign plan (3) THREAT AND VULNERABILITY ASSESSMENT.— sonnel of the National Guard to perform home- shall include a discussion of Department of De- A compliance-based national threat and vulner- fense plans to integrate Department of Defense land security activities under this section. ability assessment. ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in homeland defense activities with the homeland (4) TRAINING AND EXERCISING.—A discussion this section shall be construed as a limitation on defense activities of other departments and of the Department of Defense plans for training agencies of the United States and the homeland the authority of any unit of the National Guard and exercising for the performance of the home- of a State, when such unit is not in Federal defense activities of State and local govern- land defense mission. ments, particularly with regard to issues relat- service, to perform law enforcement functions (5) BIOTERRORISM INITIATIVE.—An evaluation authorized to be performed by the National ing to CBRNE and cyber attacks. of the need for a Department of Defense bioter- (d) INTELLIGENCE CAPABILITIES.—The discus- Guard by the laws of the State concerned. rorism initiative to improve the ability of the de- EFINITIONS.—For purposes of this sec- sion of the relationship between the intelligence ‘‘(j) D partment to counter bioterror threats and to as- tion: capabilities and the performance of the home- sist other agencies to improve the national abil- ‘‘(1) The term ‘Governor of a State’ means, in land defense mission under subsection (b)(2) ity to counter bioterror threats. the case of the District of Columbia, the Com- shall include the following matters: (6) CHEMICAL BIOLOGICAL INCIDENT RESPONSE manding General of the National Guard of the (1) ROLES AND MISSIONS.—The roles and mis- TEAMS.—An evaluation of the need for and fea- District of Columbia. sions of the Department of Defense for the em- sibility of developing and fielding Department of ‘‘(2) The term ‘State’ means each of the sev- ployment of the intelligence capabilities of the Defense regional chemical biological incident re- eral States, the District of Columbia, the Com- department in homeland defense. sponse teams. monwealth of Puerto Rico, or a territory or pos- (2) INTERAGENCY RELATIONSHIPS.—A discus- (7) OTHER MATTERS.—Any other matters that session of the United States.’’. sion of the relationship between the Department the Secretary of Defense considers relevant re- (b) CLERICAL AMENDMENT.—The table of sec- of Defense and the other departments and agen- garding the efforts necessary to carry out the tions at the beginning of such section is amend- cies of the United States that have duties for intent referred to in subsection (a). ed by adding at the end the following new item: collecting or analyzing intelligence in relation (c) HOMELAND DEFENSE CAMPAIGN PLAN.— to homeland defense, particularly in light of the ‘‘116. Homeland security activities.’’. (1) ORGANIZATION, PLANNING, AND INTEROPER- conflicting demands of duties relating to the col- SEC. 1042. CONDITIONS FOR USE OF FULL-TIME ABILITY.— lection and analysis of domestic intelligence and RESERVES TO PERFORM DUTIES RE- (A) IN GENERAL.—The homeland defense cam- LATING TO DEFENSE AGAINST WEAP- duties relating to the collection and analysis of paign plan under subsection (b)(1) shall contain foreign intelligence. ONS OF MASS DESTRUCTION. a discussion of the organization and planning Section 12310(c)(3) of title 10, United States (3) INTELLIGENCE-RELATED CHANGES.—Any of the Department of Defense for homeland de- Code, is amended by striking ‘‘only—’’ and all changes that are necessary in the Department of fense, including the expectations for interoper- that follows through ‘‘(B) while assigned’’ and Defense in order to provide effective intelligence ability of the Department of Defense with other inserting ‘‘only while assigned’’. support for the performance of homeland de- departments and agencies of the Federal Gov- fense missions, with respect to— SEC. 1043. WEAPON OF MASS DESTRUCTION DE- ernment and with State and local governments. FINED FOR PURPOSES OF THE AU- (A) the preparation of threat assessments and (B) CONTENT.—The plan shall include the fol- THORITY FOR USE OF RESERVES TO other warning products by the Department of PERFORM DUTIES RELATING TO DE- lowing matters: Defense; FENSE AGAINST WEAPONS OF MASS (i) The duties, definitions, missions, goals, (B) collection of terrorism-related intelligence DESTRUCTION. and objectives of organizations in the Depart- through human intelligence sources, signals in- (a) WEAPON OF MASS DESTRUCTION REDE- ment of Defense that apply homeland defense, telligence sources, and other intelligence FINED.—Section 12304(i)(2) of title 10, United together with an organizational assessment with sources; and States Code, is amended to read as follows: respect to the performance of the homeland de- (C) intelligence policy, capabilities, and prac- ‘‘(2) The term ‘weapon of mass destruction’ fense mission and a discussion of any plans for tices. means— making functional realignments of organiza- (4) LEGAL IMPEDIMENTS.—Any impediments in ‘‘(A) any weapon that is designed or, through tions, authorities, and responsibilities for car- law to the effective performance of intelligence its use, is intended to cause death or serious rying out that mission. missions in support of homeland defense. H5518 CONGRESSIONAL RECORD — HOUSE July 25, 2002

(e) THREAT AND VULNERABILITY ASSESS- (D) integrating other departments and agen- (D) a description of the process for evaluating MENT.— cies of the United States and State and local results. (1) CONTENT.—The compliance-based national governments into the plans, training, exercises, (c) SUBMITTAL TO CONGRESS.—The Secretary threat and vulnerability assessment under sub- evaluations, and resourcing. shall submit the comprehensive plan to the Com- section (b)(3) shall include a discussion of the (2) DISEASE SURVEILLANCE.—Options for the mittees on Armed Services of the Senate and the following matters: Department of Defense to develop an integrated House of Representatives not later than 180 (A) CRITICAL FACILITIES.—The threat of ter- disease surveillance detection system and to im- days after the date of the enactment of this Act. rorist attack on critical facilities, programs, and prove systems for communicating information (d) COMPTROLLER GENERAL REVIEW AND RE- systems of the United States, together with the and warnings of the incidence of disease to re- PORT.—Not later than 60 days after the Sec- capabilities of the Department of Defense to cipients within the Department of Defense and retary submits the comprehensive plan to Con- deter and respond to any such attack. to other departments and agencies of the United gress under subsection (c), the Comptroller Gen- (B) DOD VULNERABILITY.—The vulnerability States and State and local governments. eral shall review the plan and submit an assess- of installations, facilities, and personnel of the (3) EMERGENCY MANAGEMENT STANDARD.—Op- ment of the plan to the committees referred to in Department of Defense to attack by persons tions for broadening the scope of the Revised that subsection. using weapons of mass destruction, CBRNE Emergency Management Standard of the Joint (e) ANNUAL REPORT.—(1) In each of 2004, 2005, weapons, or cyber means. Commission on Accreditation of Healthcare Or- and 2006, the Secretary of Defense shall include (C) BALANCED SURVIVABILITY ASSESSMENT.— ganizations by including the broad and active a report on the comprehensive plan in the mate- Plans to conduct a balanced survivability as- participation of Federal, State, and local gov- rials that the Secretary submits to Congress in sessment for use in determining the ernmental agencies that are expected to respond support of the budget submitted by the President vulnerabilities of targets referred to in subpara- in any event of a CBRNE or cyber attack. such year pursuant to section 1105(a) of title 31, graphs (A) and (B). (4) LABORATORY RESPONSE NETWORK.—Op- United States Code. (D) PROCESS.—Plans, including timelines and tions for the Department of Defense— (2) The report shall include— milestones, necessary to develop a process for (A) to participate in the laboratory response (A) a discussion of any revision that the Sec- conducting compliance-based vulnerability as- network for bioterrorism; and retary has made in the comprehensive plan since sessments for critical infrastructure, together (B) to increase the capacity of Department of the last report; and with the standards to be used for ensuring that Defense laboratories rated by the Secretary of (B) an assessment of the progress made in the process is executable. Defense as level D laboratories to facilitate par- achieving the goals and objectives of the strat- (2) DEFINITION OF COMPLIANCE-BASED.—In ticipation in the network. egy set forth in the plan. subsection (b)(3) and paragraph (1)(D) of this (h) CHEMICAL BIOLOGICAL INCIDENT RESPONSE (3) No report is required under this subsection subsection, the term ‘‘compliance-based’’, with TEAMS.—The evaluation of the need for and after the Secretary submits under this sub- respect to an assessment, means that the assess- feasibility of developing and fielding Depart- section a report containing a declaration that ment is conducted under policies and procedures ment of Defense regional chemical biological in- the goals and objectives set forth in the strategy that require correction of each deficiency identi- cident response teams under subsection (b)(6) have been achieved. fied in the assessment to a standard set forth in shall include a discussion and evaluation of the Subtitle E—Other Matters following options: Department of Defense Instruction 2000.16 or SEC. 1061. CONTINUED APPLICABILITY OF EXPIR- (1) REGIONAL TEAMS.—Options for the Depart- another applicable Department of Defense in- ING GOVERNMENTWIDE INFORMA- struction, directive, or policy. ment of Defense, using the chemical biological TION SECURITY REQUIREMENTS TO incident response force as a model, to develop, (f) TRAINING AND EXERCISING.—The discussion THE DEPARTMENT OF DEFENSE. of the Department of Defense plans for training equip, train, and provide transportation for five (a) IN GENERAL.—Chapter 131 of title 10, and exercising for the performance of the home- United States based, strategically located, re- United States Code, is amended by inserting land defense mission under subsection (b)(4) gional chemical biological incident response after section 2224 the following new section: teams. shall contain the following matters: ‘‘§ 2224a. Information security: continued ap- (2) RESOURCING.—Options and preferred meth- (1) MILITARY EDUCATION.—The plans for the plicability of expiring Governmentwide re- ods for providing the resources and personnel training and education of members of the Armed quirements to the Department of Defense necessary for developing and fielding any such Forces specifically for performance of homeland teams. ‘‘(a) IN GENERAL.—The provisions of sub- defense missions, including any anticipated (i) DEFINITIONS.—In this section: chapter II of chapter 35 of title 44 shall continue changes in the curriculum in— (1) CBRNE.—The term ‘‘CBRNE’’ means to apply with respect to the Department of De- (A) the National Defense University, the war chemical, biological, radiological, nuclear, or ex- fense, notwithstanding the expiration of author- colleges of the Armed Forces, graduate edu- plosive. ity under section 3536 of such title. cation programs, and other senior military (2) WEAPON OF MASS DESTRUCTION.—The term ‘‘(b) RESPONSIBILITIES.—In administering the schools and education programs; and ‘‘weapon of mass destruction’’ has the meaning provisions of subchapter II of chapter 35 of title (B) the Reserve Officers’ Training Corps pro- given such term in section 1403 of the Defense 44 with respect to the Department of Defense gram, officer candidate schools, enlisted and of- Against Weapons of Mass Destruction Act of after the expiration of authority under section ficer basic and advanced individual training 1996 (50 U.S.C. 2302). 3536 of such title, the Secretary of Defense shall programs, and other entry level military edu- SEC. 1045. STRATEGY FOR IMPROVING PRE- perform the duties set forth in that subchapter cation and training programs. PAREDNESS OF MILITARY INSTALLA- for the Director of the Office of Management (2) EXERCISES.—The plans for using exercises TIONS FOR INCIDENTS INVOLVING and Budget.’’. and simulation in the training of all components WEAPONS OF MASS DESTRUCTION. (b) CLERICAL AMENDMENT.—The table of sec- of the Armed Forces, including— (a) COMPREHENSIVE PLAN.—The Secretary of tions at the beginning of such chapter is amend- (A) plans for integrated training with depart- Defense shall develop a comprehensive plan for ed by inserting after the item relating to section ments and agencies of the United States outside improving the preparedness of military installa- 2224 the following new item: the Department of Defense and with agencies of tions for preventing and responding to incidents ‘‘2224a. Information security: continued appli- State and local governments; and involving use or threat of use of weapons of cability of expiring Government- (B) plans for developing an opposing force mass destruction. wide requirements to the Depart- that, for the purpose of developing potential sce- ONTENT (b) C .—The comprehensive plan shall ment of Defense.’’. narios of terrorist attacks on targets inside the set forth the following: United States, simulates a terrorist group hav- (1) A strategy that— SEC. 1062. ACCEPTANCE OF VOLUNTARY SERV- ICES OF PROCTORS FOR ADMINIS- ing the capability to engage in such attacks. (A) identifies— (i) long-term goals and objectives; TRATION OF ARMED SERVICES VO- (g) BIOTERRORISM INITIATIVE.—The evalua- CATIONAL APTITUDE BATTERY. tion of the need for a Department of Defense (ii) resource requirements; and (iii) factors beyond the control of the Sec- Section 1588(a) of title 10, United States Code, bioterrorism initiative under subsection (b)(5) retary that could impede the achievement of the is amended by adding at the end the following shall include a discussion that identifies and goals and objectives; and new paragraph: evaluates options for potential action in such an (B) includes a discussion of— ‘‘(6) Voluntary services as a proctor for the initiative, as follows: (i) the extent to which local, regional, or na- administration of the Armed Services Vocational (1) PLANNING, TRAINING, EXERCISE, EVALUA- tional military response capabilities are to be de- Aptitude Battery.’’. TION, AND FUNDING.—Options for— veloped and used; and SEC. 1063. EXTENSION OF AUTHORITY FOR SEC- (A) refining the plans of the Department of (ii) how the Secretary will coordinate these RETARY OF DEFENSE TO SELL AIR- Defense for biodefense to include participation capabilities with local, regional, or national ci- CRAFT AND AIRCRAFT PARTS FOR of other departments and agencies of the United vilian capabilities. USE IN RESPONDING TO OIL SPILLS. States and State and local governments; (2) A performance plan that— (a) FOUR-YEAR EXTENSION.—Subsection (a)(1) (B) increasing biodefense training, exercises, (A) provides a reasonable schedule, with mile- of section 740 of the Wendell H. Ford Aviation and readiness evaluations by the Department of stones, for achieving the goals and objectives of Investment and Reform Act for the 21st Century Defense, including training, exercises, and eval- the strategy; (Public Law 106–181; 114 Stat. 173; 10 U.S.C. uations that include participation of other de- (B) performance criteria for measuring 2576 note) is amended by striking ‘‘September 30, partments and agencies of the United States and progress in achieving the goals and objectives; 2002’’ and inserting ‘‘September 30, 2006’’. State and local governments; (C) a description of the process, together with (b) ADDITIONAL REPORT.—Subsection (f) of (C) increasing Department of Defense funding a discussion of the resources, necessary to such section is amended by striking ‘‘March 31, for biodefense; and achieve the goals and objectives; 2002’’ and inserting ‘‘March 31, 2006’’. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5519 SEC. 1064. AMENDMENTS TO IMPACT AID PRO- (A) the number of records reviewed; ‘‘(2) A commander to whom authority to pay GRAM. (B) each test, if any, under the Shipboard rewards is delegated under paragraph (1) may (a) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL Hazard and Defense project identified during further delegate authority to pay a reward EDUCATIONAL AGENCIES AFFECTED BY PRIVAT- such review; under this section in an amount not in excess of IZATION OF MILITARY HOUSING.—Section (C) for each test so identified— $2,500. 8003(b)(2) of the Elementary and Secondary (i) the test name; ‘‘(c) COORDINATION.—(1) The Secretary of De- Education Act of 1965 (20 U.S.C. 7703(b)(2)) is (ii) the test objective; fense, in consultation with the Secretary of amended by adding at the end the following: (iii) the chemical or biological agent or agents State and the Attorney General, shall prescribe ‘‘(H) ELIGIBILITY FOR HEAVILY IMPACTED involved; and policies and procedures for offering and paying LOCAL EDUCATIONAL AGENCIES AFFECTED BY PRI- (iv) the number of members of the Armed rewards under this section, and otherwise for VATIZATION OF MILITARY HOUSING.— Forces, and civilian personnel, potentially ef- administering the authority under this section, ‘‘(i) IN GENERAL.—For any fiscal year begin- fected by such test; and that ensure that the payment of a reward under ning with fiscal year 2003, a heavily impacted (D) the extent of submittal of records and in- this section does not duplicate or interfere with local educational agency that received a basic formation to the Secretary of Veterans Affairs the payment of a reward authorized by the Sec- support payment under subparagraph (A) for under this section. retary of State or the Attorney General. the prior fiscal year, but is ineligible for such SEC. 1066. TRANSFER OF HISTORIC DF–9E PAN- ‘‘(2) The Secretary of Defense shall coordinate payment for the current fiscal year under sub- THER AIRCRAFT TO WOMEN with the Secretary of State regarding any pay- paragraph (B) or (C), as the case may be, by AIRFORCE SERVICE PILOTS MU- ment of a reward in excess of $100,000 under this reason of the conversion of military housing SEUM. section. units to private housing described in clause (ii), (a) AUTHORITY TO CONVEY.—The Secretary of ‘‘(d) PERSONS NOT ELIGIBLE.—The following shall be deemed to meet the eligibility require- the Navy may convey, without consideration, to persons are not eligible to receive an award ments under subparagraph (B) or (C), as the the Women Airforce Service Pilots Museum in under this section: case may be, for the period during which the Quartzsite, Arizona (in this section referred to ‘‘(1) A citizen of the United States. housing units are undergoing such conversion, as the ‘‘W.A.S.P. museum’’), all right, title, and ‘‘(2) An employee of the United States. and shall be paid under the same provisions of interest of the United States in and to a DF–9E ‘‘(3) An employee of a contractor of the subparagraph (D) or (E) as the agency was paid Panther aircraft (Bureau Number 125316). The United States. in the prior fiscal year. conveyance shall be made by means of a condi- ‘‘(e) ANNUAL REPORT.—(1) Not later than 60 ‘‘(ii) CONVERSION OF MILITARY HOUSING UNITS tional deed of gift. days after the end of each fiscal year, the Sec- TO PRIVATE HOUSING DESCRIBED.—For purposes (b) CONDITION OF AIRCRAFT.—The aircraft retary of Defense shall submit to the Committees of clause (i), ‘conversion of military housing shall be conveyed under subsection (a) in ‘‘as on Armed Services and the Committees on Ap- units to private housing’ means the conversion is’’ condition. The Secretary is not required to propriations of the Senate and the House of of military housing units to private housing repair or alter the condition of the aircraft be- Representatives a report on the administration units pursuant to subchapter IV of chapter 169 fore conveying ownership of the aircraft. of the rewards program during that fiscal year. of title 10, United States Code, or pursuant to (c) REVERTER UPON BREACH OF CONDITIONS.— ‘‘(2) The report for a fiscal year shall include any other related provision of law.’’. The Secretary shall include in the instrument of information on the total amount expended dur- (b) COTERMINOUS MILITARY SCHOOL DIS- conveyance of the aircraft under subsection ing that fiscal year to carry out this section, TRICTS.—Section 8003(a) of the Elementary and (a)— including— Secondary Education Act of 1965 (20 U.S.C. (1) a condition that the W.A.S.P. museum not ‘‘(A) a specification of the amount, if any, ex- 7703(a)) is amended by adding at the end the convey any ownership interest in, or transfer pended to publicize the availability of rewards; following: possession of, the aircraft to any other party and ‘‘(6) COTERMINOUS MILITARY SCHOOL DIS- without the prior approval of the Secretary; and ‘‘(B) with respect to each award paid during TRICTS.—For purposes of computing the amount (2) a condition that if the Secretary deter- that fiscal year— of a payment for a local educational agency for mines at any time that the W.A.S.P. museum ‘‘(i) the amount of the reward; children described in paragraph (1)(D)(i), the has conveyed an ownership interest in, or trans- ‘‘(ii) the recipient of the reward; and Secretary shall consider such children to be chil- ferred possession of, the aircraft to any other ‘‘(iii) a description of the information or as- dren described in paragraph (1)(B) if the agency party without the prior approval of the Sec- sistance for which the reward was paid, to- is a local educational agency whose boundaries retary, all right, title, and interest in and to the gether with an assessment of the significance of are the same as a Federal military installa- aircraft, including any repair or alteration of the information or assistance. tion.’’. the aircraft, shall revert to the United States, ‘‘(3) The Secretary may submit the report in SEC. 1065. DISCLOSURE OF INFORMATION ON and the United States shall have the right of im- classified form if the Secretary determines that SHIPBOARD HAZARD AND DEFENSE mediate possession of the aircraft. it is necessary to do so. PROJECT TO DEPARTMENT OF VET- (d) CONVEYANCE AT NO COST TO THE UNITED ‘‘(f) DETERMINATIONS BY THE SECRETARY.—A ERANS AFFAIRS. STATES.—The conveyance of the aircraft under determination by the Secretary under this sec- (a) PLAN FOR DISCLOSURE OF INFORMATION.— subsection (a) shall be made at no cost to the tion shall be final and conclusive and shall not Not later than 90 days after the date of the en- United States. Any costs associated with the be subject to judicial review.’’. actment of this Act, the Secretary of Defense conveyance, costs of determining compliance (b) CLERICAL AMENDMENT.—The table of sec- shall submit to Congress and the Secretary of with subsection (b), and costs of operation and tions at the beginning of such chapter is amend- Veterans Affairs a comprehensive plan for the maintenance of the aircraft conveyed shall be ed by inserting after the item relating to section review, declassification, and submittal to the borne by the W.A.S.P. museum. 127a the following new item: Department of Veterans Affairs of all medical (e) ADDITIONAL TERMS AND CONDITIONS.—The ‘‘127b. Rewards for assistance in combating records and information of the Department of Secretary may require such additional terms terrorism.’’. Defense on the Shipboard Hazard and Defense and conditions in connection with a conveyance (SHAD) project of the Navy that are relevant to SEC. 1068. PROVISION OF SPACE AND SERVICES under this section as the Secretary considers ap- TO MILITARY WELFARE SOCIETIES. the provision of benefits by the Secretary of Vet- propriate to protect the interests of the United (a) AUTHORITY TO PROVIDE SPACE AND SERV- erans Affairs to members of the Armed Forces States. ICES.—Chapter 152 of title 10, United States who participated in that project. SEC. 1067. REWARDS FOR ASSISTANCE IN COM- (b) PLAN REQUIREMENTS.—(1) The records and Code, is amended by adding at the end the fol- BATING TERRORISM. information covered by the plan under sub- lowing new section: (a) AUTHORITY.—Chapter 3 of title 10, United section (a) shall be the records and information ‘‘§ 2566. Space and services: provision to mili- States Code, is amended by inserting after sec- necessary to permit the identification of mem- tary welfare societies tion 127a the following new section: bers of the Armed Forces who were or may have ‘‘(a) AUTHORITY TO PROVIDE SPACE AND SERV- been exposed to chemical or biological agents as ‘‘§ 127b. Rewards for assistance in combating ICES.—The Secretary of a military department a result of the Shipboard Hazard and Defense terrorism may provide, without charge, space and services project. ‘‘(a) AUTHORITY.—The Secretary of Defense under the jurisdiction of that Secretary to a (2) The plan shall provide for completion of may pay a monetary reward to a person for pro- military welfare society. all activities contemplated by the plan not later viding United States personnel with information ‘‘(b) DEFINITIONS.—In this section: than one year after the date of the enactment of or nonlethal assistance that is beneficial to— ‘‘(1) The term ‘military welfare society’ means this Act. ‘‘(1) an operation of the armed forces con- the following: (c) REPORTS ON IMPLEMENTATION.—(1) Not ducted outside the United States against inter- ‘‘(A) The Army Emergency Relief Society. later than 90 days after the date of the enact- national terrorism; or ‘‘(B) The Navy-Marine Corps Relief Society. ment of this Act, and every 90 days thereafter ‘‘(2) force protection of the armed forces. ‘‘(C) The Air Force Aid Society, Inc. until completion of all activities contemplated ‘‘(b) MAXIMUM AMOUNT.—The amount of a re- ‘‘(2) The term ‘services’ includes lighting, by the plan under subsection (a), the Secretary ward paid to a recipient under this section may heating, cooling, electricity, office furniture, of- of Defense shall submit to Congress and the Sec- not exceed $200,000. fice machines and equipment, telephone and retary of Veterans Affairs a report on progress ‘‘(c) DELEGATION TO COMMANDER OF COMBAT- other information technology services (including in the implementation of the plan during the 90- ANT COMMAND.—(1) The Secretary of Defense installation of lines and equipment, day period ending on the date of such report. may delegate to the commander of a combatant connectivity, and other associated services), and (2) Each report under paragraph (1) shall in- command authority to pay a reward under this security systems (including installation and clude, for the period covered by such report— section in an amount not in excess of $50,000. other associated expenses).’’. H5520 CONGRESSIONAL RECORD — HOUSE July 25, 2002

(b) CLERICAL AMENDMENT.—The table of sec- the ‘corporation’), incorporated in the State of ice of process for the corporation. Notice to or tions at the beginning of such chapter is amend- New York, is a federally chartered corporation. service on the agent is notice to or service on the ed by adding at the end the following new item: ‘‘(b) EXPIRATION OF CHARTER.—If the cor- Corporation. ‘‘2566. Space and services: provision to military poration does not comply with the provisions of ‘‘§ 120110. Liability for acts of officers and welfare societies.’’. this chapter, the charter granted by subsection agents (a) expires. SEC. 1069. COMMENDATION OF MILITARY CHAP- ‘‘The corporation is liable for the acts of its LAINS. ‘‘§ 120102. Purposes officers and agents acting within the scope of (a) FINDINGS.—Congress finds the following: ‘‘The purposes of the corporation are as pro- their authority. (1) Military chaplains have served with those vided in its articles of incorporation and ‘‘§ 120111. Annual report who fought for the cause of freedom since the include— founding of the Nation. ‘‘(1) organizing, promoting, and maintaining ‘‘The corporation shall submit an annual re- (2) Military chaplains and religious support for benevolent and charitable purposes an asso- port to Congress on the activities of the corpora- personnel of the Armed Forces have served with ciation of persons who have seen honorable tion during the preceding fiscal year. The report distinction as uniformed members of the Armed service in the Armed Forces during the Korean shall be submitted at the same time as the report Forces in support of the Nation’s defense mis- War, and of certain other persons; of the audit required by section 10101 of this sions during every conflict in the history of the ‘‘(2) providing a means of contact and commu- title. The report may not be printed as a public United States. nication among members of the corporation; document.’’. (3) 400 United States military chaplains have ‘‘(3) promoting the establishment of, and es- (b) CLERICAL AMENDMENT.—The table of died in combat, some as a result of direct fire tablishing, war and other memorials commemo- chapters at the beginning of subtitle II of title while ministering to fallen Americans, while rative of persons who served in the Armed 36, United States Code, is amended by striking others made the ultimate sacrifice as a prisoner Forces during the Korean War; and the item relating to chapter 1201 and inserting of war. ‘‘(4) aiding needy members of the corporation, the following new item: (4) Military chaplains currently serve in hu- their wives and children, and the widows and ‘‘1201. Korean War Veterans Associa- manitarian operations, rotational deployments, children of persons who were members of the tion, Incorporated ...... 120101’’. corporation at the time of their death. and in the war on terrorism. TITLE XI—DEPARTMENT OF DEFENSE (5) Religious organizations make up the very ‘‘§ 120103. Membership CIVILIAN PERSONNEL POLICY fabric of religious diversity and represent un- ‘‘Eligibility for membership in the corporation, SEC. 1101. EXTENSION OF AUTHORITY TO PAY paralleled levels of freedom of conscience, and the rights and privileges of members of the SEVERANCE PAY IN A LUMP SUM. speech, and worship that set the United States corporation, are as provided in the bylaws of Section 5595(i)(4) of title 5, United States apart from any other nation on Earth. the corporation. Code, is amended by striking ‘‘October 1, 2003’’ (6) Religious organizations have richly blessed ‘‘§ 120104. Governing body and inserting ‘‘October 1, 2006’’. the uniformed services by sending clergy to com- ‘‘(a) BOARD OF DIRECTORS.—The board of di- fort and encourage all persons of faith in the SEC. 1102. EXTENSION OF VOLUNTARY SEPARA- rectors of the corporation, and the responsibil- TION INCENTIVE PAY AUTHORITY. Armed Forces. ities of the board of directors, are as provided in (7) During the sinking of the USS Dorchester Section 5597(e) of title 5, United States Code, the articles of incorporation of the corporation. in February 1943 during World War II, four is amended by striking ‘‘September 30, 2003’’ and ‘‘(b) OFFICERS.—The officers of the corpora- chaplains (Reverend Fox, Reverend Poling, Fa- inserting ‘‘September 30, 2006’’. tion, and the election of the officers of the cor- ther Washington, and Rabbi Goode) gave their SEC. 1103. EXTENSION OF COST-SHARING AU- poration, are as provided in the articles of in- lives so that others might live. THORITY FOR CONTINUED FEHBP corporation. COVERAGE OF CERTAIN PERSONS (8) All military chaplains aid and assist mem- ‘‘§ 120105. Powers AFTER SEPARATION FROM EMPLOY- bers of the Armed Forces and their family mem- MENT. ‘‘The corporation has only the powers pro- bers with the challenging issues of today’s Section 8905a(d)(4)(B) of title 5, United States vided in its bylaws and articles of incorporation world. Code, is amended— filed in each State in which it is incorporated. (9) The current war against terrorism has (1) by striking ‘‘October 1, 2003’’ both places it brought to the shores of the United States new ‘‘§ 120106. Restrictions appears and inserting ‘‘October 1, 2006’’; and threats and concerns that strike at the beliefs ‘‘(a) STOCK AND DIVIDENDS.—The corporation (2) by striking ‘‘February 1, 2004’’ in clause and emotions of Americans. may not issue stock or declare or pay a divi- (ii) and inserting ‘‘February 1, 2007’’. (10) Military chaplains must, as never before, dend. SEC. 1104. ELIGIBILITY OF NONAPPROPRIATED deal with the spiritual well-being of the mem- ‘‘(b) POLITICAL ACTIVITIES.—The corporation, FUNDS EMPLOYEES TO PARTICIPATE bers of the Armed Forces and their families. or a director or officer of the corporation as IN THE FEDERAL EMPLOYEES LONG- (b) COMMENDATION.—Congress, on behalf of such, may not contribute to, support, or partici- TERM CARE INSURANCE PROGRAM. the Nation, expresses its appreciation for the pate in any political activity or in any manner Section 9001(1) of title 5, United States Code, outstanding contribution that all military chap- attempt to influence legislation. is amended— lains make to the members of the Armed Forces ‘‘(c) LOAN.—The corporation may not make a (1) by striking ‘‘and’’ at the end of subpara- and their families. loan to a director, officer, or employee of the graph (B); (c) PRESIDENTIAL PROCLAMATION.—The Presi- corporation. (2) by striking the comma at the end of sub- dent is authorized and requested to issue a proc- ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR paragraph (C) and inserting ‘‘; and’’; and lamation calling on the people of the United AUTHORITY.—The corporation may not claim (3) by inserting after subparagraph (C) the States to recognize the distinguished service of congressional approval, or the authority of the following new subparagraph: the Nation’s military chaplains. United States, for any of its activities. ‘‘(D) an employee paid from nonappropriated SEC. 1070. GRANT OF FEDERAL CHARTER TO KO- ‘‘§ 120107. Duty to maintain corporate and funds referred to in section 2105(c) of this REAN WAR VETERANS ASSOCIATION, tax-exempt status title;’’. INCORPORATED. ‘‘(a) CORPORATE STATUS.—The corporation SEC. 1105. INCREASED MAXIMUM PERIOD OF AP- (a) GRANT OF CHARTER.—Part B of subtitle II shall maintain its status as a corporation incor- POINTMENT UNDER THE EXPERI- of title 36, United States Code, is amended— porated under the laws of the State of New MENTAL PERSONNEL PROGRAM FOR (1) by striking the following: SCIENTIFIC AND TECHNICAL PER- York. SONNEL. ‘‘CHAPTER 1201—[RESERVED]’’; and ‘‘(b) TAX-EXEMPT STATUS.—The corporation Section 1101(c)(1) of the Strom Thurmond Na- (2) by inserting the following: shall maintain its status as an organization ex- tional Defense Authorization Act for Fiscal empt from taxation under the Internal Revenue ‘‘CHAPTER 1201—KOREAN WAR VETERANS Year 1999 (Public Law 105–261; 112 Stat. 2140; 5 Code of 1986 (26 U.S.C. 1 et seq.). ASSOCIATION, INCORPORATED U.S.C. 3104 note) is amended by striking ‘‘4 ‘‘Sec. ‘‘§ 120108. Records and inspection years’’ and inserting ‘‘5 years’’. ‘‘120101. Organization. ‘‘(a) RECORDS.—The corporation shall keep— SEC. 1106. QUALIFICATION REQUIREMENTS FOR ‘‘120102. Purposes. ‘‘(1) correct and complete records of account; EMPLOYMENT IN DEPARTMENT OF ‘‘120103. Membership. ‘‘(2) minutes of the proceedings of its members, DEFENSE PROFESSIONAL ACCOUNT- ‘‘120104. Governing body. board of directors, and committees having any ING POSITIONS. ‘‘120105. Powers. of the authority of its board of directors; and (a) PROFESSIONAL CERTIFICATION.—The Sec- ‘‘120106. Restrictions. ‘‘(3) at its principal office, a record of the retary of Defense may prescribe regulations that ‘‘120107. Duty to maintain corporate and tax- names and addresses of its members entitled to require a person employed in a professional ac- exempt status. vote on matters relating to the corporation. counting position within the Department of De- ‘‘120108. Records and inspection. ‘‘(b) INSPECTION.—A member entitled to vote fense to be a certified public accountant and ‘‘120109. Service of process. on matters relating to the corporation, or an that apply the requirement to all such positions ‘‘120110. Liability for acts of officers and agent or attorney of the member, may inspect or to selected positions, as the Secretary con- agents. the records of the corporation for any proper siders appropriate. ‘‘120111. Annual report. purpose, at any reasonable time. (b) WAIVERS AND EXEMPTIONS.—(1) The Sec- ‘‘§ 120101. Organization ‘‘§ 120109. Service of process retary may include in the regulations imposing ‘‘(a) FEDERAL CHARTER.—Korean War Vet- ‘‘The corporation shall have a designated a requirement under subsection (a), as the Sec- erans Association, Incorporated (in this chapter, agent in the District of Columbia to receive serv- retary considers appropriate— July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5521 (A) any exemption from the requirement; and (2) For strategic nuclear arms elimination in Cooperative Threat Reduction funds for fiscal (B) authority to waive the requirement. Ukraine, $6,500,000. year 2003, or Cooperative Threat Reduction (2) The Secretary shall include in the regula- (3) For weapons of mass destruction infra- funds for a fiscal year before fiscal year 2003 tions an exemption for persons employed in posi- structure elimination in Ukraine, $8,800,000. that remain available for obligation as of the tions covered by the requirement before the date (4) For weapons of mass destruction infra- date of the enactment of this Act, for prolifera- of the enactment of this Act. structure elimination in Kazakhstan, $9,000,000. tion threat reduction projects and activities out- (c) EXCLUSIVE AUTHORITY.—No requirement (5) For weapons transportation security in side the states of the former Soviet Union if the imposed under subsection (a), and no waiver or Russia, $19,700,000. Secretary determines that such projects and ac- exemption provided in the regulations pursuant (6) For weapons storage security in Russia, tivities will— to subsection (b), shall be subject to review or $40,000,000. (A) assist the United States in the resolution approval by the Office of Personnel Manage- (7) For weapons of mass destruction prolifera- of critical emerging proliferation threats; or ment. tion prevention in the former Soviet Union, (B) permit the United States to take advan- (d) DEFINITION.—For the purposes of this sec- $40,000,000. tage of opportunities to achieve long-standing tion, the term ‘‘professional accounting posi- (8) For biological weapons proliferation pre- United States nonproliferation goals. tion’’ means a position in the GS–510, GS–511, or vention activities in the former Soviet Union, (2) The amount that may be obligated under GS–505 series for which professional accounting $55,000,000. paragraph (1) in any fiscal year for projects and duties are prescribed. (9) For chemical weapons destruction in Rus- activities described in that paragraph may not (e) EFFECTIVE DATE.—This section shall take sia, $133,600,000. exceed $50,000,000. effect 120 days after the date of the enactment (10) For activities designated as Other Assess- (c) AUTHORIZED USES OF FUNDS.—The author- of this Act. ments/Administrative Support, $14,700,000. ity under subsection (b) to obligate and expend SEC. 1107. HOUSING BENEFITS FOR UNACCOM- (11) For defense and military contacts, Cooperative Threat Reduction funds for a PANIED TEACHERS REQUIRED TO $18,900,000. project or activity includes authority to provide LIVE AT GUANTANAMO BAY NAVAL (b) REPORT ON OBLIGATION OR EXPENDITURE equipment, goods, and services for the project or STATION, CUBA. OF FUNDS FOR OTHER PURPOSES.—No fiscal year activity, but does not include authority to pro- Section 7(b) of the Defense Department Over- 2003 Cooperative Threat Reduction funds may vide cash directly to the project or activity. seas Teachers Pay and Personnel Practices Act be obligated or expended for a purpose other (d) SOURCE AND REPLACEMENT OF FUNDS (20 U.S.C. 905(b)) is amended— than a purpose listed in paragraphs (1) through USED.—(1) The Secretary shall, to the maximum (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (11) of subsection (a) until 30 days after the date extent practicable, ensure that funds for (2) by adding at the end the following new that the Secretary of Defense submits to Con- projects and activities under subsection (b) are paragraph: gress a report on the purpose for which the derived from funds that would otherwise be obli- ‘‘(2)(A) A teacher assigned to teach at Guan- funds will be obligated or expended and the gated for a range of Cooperative Threat Reduc- tanamo Bay Naval Station, Cuba, who is not amount of funds to be obligated or expended. tion programs, so that no particular Cooperative accompanied at such station by any Nothing in the preceding sentence shall be con- Threat Reduction program is the exclusive or dependent— strued as authorizing the obligation or expendi- predominant source of funds for such projects ‘‘(i) shall be offered for lease any available ture of fiscal year 2003 Cooperative Threat Re- and activities. military family housing at such station that is duction funds for a purpose for which the obli- (2) If the Secretary obligates Cooperative suitable for occupancy by the teacher and is not gation or expenditure of such funds is specifi- Threat Reduction funds under subsection (b) in needed to house members of the armed forces cally prohibited under this title or any other a fiscal year, the first budget of the President and dependents accompanying them or other ci- provision of law. that is submitted under section 1105(a) of title vilian personnel and any dependents accom- (c) LIMITED AUTHORITY TO VARY INDIVIDUAL 31, United States Code, after such fiscal year panying them; and AMOUNTS.—(1) Subject to paragraph (2), in any shall set forth, in addition to any other amounts ‘‘(ii) for any period for which such housing is case in which the Secretary of Defense deter- requested for Cooperative Threat Reduction pro- leased to the teacher, shall receive a quarters al- mines that it is necessary to do so in the na- grams in the fiscal year covered by such budget, lowance in the amount determined under para- tional interest, the Secretary may obligate a request for Cooperative Threat Reduction graph (1). amounts appropriated for fiscal year 2003 for a funds in the fiscal year covered by such budget ‘‘(B) A teacher is entitled to the quarters al- purpose listed in any of the paragraphs in sub- in an amount equal to the amount so obligated. lowance in accordance with subparagraph section (a) in excess of the amount specifically The request shall also set forth the Cooperative (A)(ii) without regard to whether other Govern- authorized for such purpose. Threat Reduction program or programs for ment furnished quarters are available for occu- (2) An obligation of funds for a purpose stated which such funds would otherwise have been pancy by the teacher without charge to the in any of the paragraphs in subsection (a) in ex- obligated, but for obligation under subsection teacher.’’. cess of the specific amount authorized for such (b). TITLE XII—MATTERS RELATING TO OTHER purpose may be made using the authority pro- (3) Amounts authorized to be appropriated NATIONS vided in paragraph (1) only after— pursuant to a request under paragraph (2) shall be available for the Cooperative Threat Reduc- Subtitle A—Cooperative Threat Reduction (A) the Secretary submits to Congress notifica- tion program or programs set forth in the re- With States of the Former Soviet Union tion of the intent to do so together with a com- plete discussion of the justification for doing so; quest under the second sentence of that para- SEC. 1201. SPECIFICATION OF COOPERATIVE and graph. THREAT REDUCTION PROGRAMS (e) LIMITATION ON OBLIGATION OF FUNDS.— AND FUNDS. (B) 15 days have elapsed following the date of the notification. Except as provided in subsection (f), the Sec- (a) SPECIFICATION OF CTR PROGRAMS.—For SEC. 1203. AUTHORIZATION OF USE OF COOPERA- retary may not obligate and expend Cooperative purposes of section 301 and other provisions of Threat Reduction funds for a project or activity this Act, Cooperative Threat Reduction pro- TIVE THREAT REDUCTION FUNDS FOR PROJECTS AND ACTIVITIES under subsection (b) until 30 days after the date grams are the programs specified in section OUTSIDE THE FORMER SOVIET on which the Secretary submits to the congres- 1501(b) of the National Defense Authorization UNION. sional defense committees a report on the pur- Act for Fiscal Year 1997 (Public Law 104–201; (a) COOPERATIVE THREAT REDUCTION PRO- pose for which the funds will be obligated and 110 Stat. 2731; 50 U.S.C. 2362 note). GRAMS AND FUNDS.—For purposes of this sec- expended, and the amount of the funds to be ob- (b) FISCAL YEAR 2003 COOPERATIVE THREAT tion: ligated and expended. REDUCTION FUNDS DEFINED.—As used in this (1) Cooperative Threat Reduction programs (f) EXCEPTION.—(1) The Secretary may obli- title, the term ‘‘fiscal year 2003 Cooperative are— gate and expend Cooperative Threat Reduction Threat Reduction funds’’ means the funds ap- (A) the programs specified in section 1501(b) of funds for a project or activity under subsection propriated pursuant to the authorization of ap- the National Defense Authorization Act for Fis- (b) without regard to subsection (e) if the Sec- propriations in section 301 for Cooperative cal Year 1997 (Public Law 104–201; 110 Stat. retary determines that a critical emerging pro- Threat Reduction programs. 2731; 50 U.S.C. 2362 note); and liferation threat warrants immediate obligation (c) AVAILABILITY OF FUNDS.—Funds appro- (B) any other similar programs, as designated and expenditure of such funds. priated pursuant to the authorization of appro- by the Secretary of Defense, to address critical (2) Not later than 72 hours after first obli- priations in section 301 for Cooperative Threat emerging proliferation threats in the states of gating funds for a project or activity under Reduction programs shall be available for obli- the former Soviet Union that jeopardize United paragraph (1), the Secretary shall submit to the gation for three fiscal years. States national security. congressional defense committees a report con- SEC. 1202. FUNDING ALLOCATIONS. (2) Cooperative Threat Reduction funds, for a taining a detailed justification for the obligation (a) FUNDING FOR SPECIFIC PURPOSES.—Of the fiscal year, are the funds authorized to be ap- of funds. The report on a project or activity $416,700,000 authorized to be appropriated to the propriated for Cooperative Threat Reduction shall include the following: Department of Defense for fiscal year 2003 in programs for that fiscal year. (A) A description of the critical emerging pro- section 301(a)(23) for Cooperative Threat Reduc- (b) AUTHORIZATION OF USE OF CTR FUNDS liferation threat to be addressed, or the long- tion programs, not more than the following FOR THREAT REDUCTION ACTIVITIES OUTSIDE standing United States nonproliferation goal to amounts may be obligated for the purposes spec- THE FORMER SOVIET UNION.—(1) Notwith- be achieved, by the project or activity. ified: standing any other provision of law and subject (B) A description of the agreement, if any, (1) For strategic offensive arms elimination in to the succeeding provisions of this section, the under which the funds will be used, including Russia, $70,500,000. Secretary of Defense may obligate and expend whether or not the agreement provides that the H5522 CONGRESSIONAL RECORD — HOUSE July 25, 2002 funds will not be used for purposes contrary to or more of the requirements for eligibility under for the performance of duties by any liaison of- the national security interests of the United paragraphs (1) through (4) of that subsection if ficer of another nation involved in a coalition States. the President certifies in writing to the Congress while the liaison officer is assigned temporarily (C) A description of the contracting process, if that the waiver of such requirements in such fis- to the headquarters of a combatant command, any, that will be used in the implementation of cal year is important to the national security in- component command, or subordinate oper- the project or activity. terests of the United States. ational command of the United States in con- (D) An analysis of the effect of the obligation ‘‘(2) At the time of the exercise of the author- nection with the planning for or conduct of a of funds for the project or activity on ongoing ity in paragraph (1) with respect to an inde- coalition operation. Cooperative Threat Reduction programs. pendent state of the former Soviet Union for a ‘‘(b) TRAVEL, SUBSISTENCE, AND OTHER EX- (E) An analysis of the need for additional or fiscal year, the President shall submit to the PENSES.—The Secretary may pay the travel, sub- follow-up threat reduction assistance, including congressional defense committees a report on the sistence, and similar personal expenses of a liai- whether or not the need for such assistance jus- following: son officer of a developing country in connec- tifies the establishment of a new cooperative ‘‘(A) A description of the activity or activities tion with the assignment of that liaison officer threat reduction program or programs to ac- that prevent the President from certifying that to the headquarters of a combatant command as count for such assistance. the state is committed to each matter in sub- described in subsection (a) if the assignment is (F) A description of the mechanisms to be used section (a) in such fiscal year to which the requested by the commander of the combatant by the Secretary to assure that proper audits waiver under paragraph (1) applies. command. and examinations of the project or activity are ‘‘(B) A description of the strategy, plan, or ‘‘(c) REIMBURSEMENT.—To the extent that the carried out. policy of the President for promoting the com- Secretary determines appropriate, the Secretary (g) REPORT ON ESTABLISHMENT OF NEW COOP- mitment of the state to each such matter, not- may provide the services and support authorized ERATIVE THREAT REDUCTION PROGRAMS.—(1) If withstanding the waiver. under subsections (a) and (b) with or without the Secretary employs the authority in sub- ‘‘(3) In this subsection, the term ‘congres- reimbursement from (or on behalf of) the recipi- section (b) in any two fiscal years, the Secretary sional defense committees’ means— ents. shall submit to Congress a report on the advis- ‘‘(A) the Committee on Armed Services and the ‘‘(d) DEFINITIONS.—In this section: ability of establishing one or more new coopera- Committee on Appropriations of the Senate; and ‘‘(1) The term ‘administrative services and tive threat reduction programs to account for ‘‘(B) the Committee on Armed Services and the support’ includes base or installation support projects and activities funded using such au- Committee on Appropriations of the House of services, office space, utilities, copying services, thority. Representatives.’’. fire and police protection, and computer sup- (2) The report required by paragraph (1) shall (d) EFFECTIVE DATE.—The amendments made port. be submitted along with the budget justification by this section shall take effect on October 1, ‘‘(2) The term ‘coalition’ means an ad hoc ar- materials in support of the Department of De- 2002. rangement between or among the United States fense budget (as submitted with the budget of SEC. 1205. RUSSIAN TACTICAL NUCLEAR WEAP- and one or more other nations for common ac- the President under section 1105(a) of title 31, ONS. tion.’’. United States Code) in the first budget sub- (a) FINDINGS.—The Congress makes the fol- (b) CLERICAL AMENDMENT.—The table of sec- mitted after the end of the two consecutive fiscal lowing findings: tions at the beginning of such chapter 6 is years referred to in that paragraph. (1) Al Qaeda and other terrorist organiza- amended by adding at the end the following SEC. 1204. WAIVER OF LIMITATIONS ON ASSIST- tions, in addition to rogue states, are known to new item: ANCE UNDER PROGRAMS TO FACILI- be working to acquire weapons of mass destruc- ‘‘169. Administrative support and services for TATE COOPERATIVE THREAT REDUC- tion, and particularly nuclear warheads. coalition liaison officers.’’. TION AND NONPROLIFERATION. (2) The largest and least secure potential SEC. 1212. USE OF WARSAW INITIATIVE FUNDS (a) ASSISTANCE UNDER COOPERATIVE THREAT source of nuclear warheads for terrorists or FOR TRAVEL OF OFFICIALS FROM REDUCTION ACT OF 1993.—Section 1203 of the rogue states is Russia’s arsenal of nonstrategic PARTNER COUNTRIES. Cooperative Threat Reduction Act of 1993 (title or ‘‘tactical’’ nuclear warheads, which accord- Section 1051(b) of title 10, United States Code, XII of Public Law 103–160; 107 Stat. 1778; 22 ing to unclassified estimates numbers from 7,000 is amended— U.S.C. 5952) is amended by adding at the end to 12,000 warheads. Security at Russian nuclear (1) in paragraph (1), by striking ‘‘paragraph the following new subsection: weapon storage sites is insufficient, and tactical (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; ‘‘(e) WAIVER OF RESTRICTIONS.—(1) The re- nuclear warheads are more vulnerable to ter- (2) by redesignating paragraph (3) as para- strictions in subsection (d) shall cease to apply rorist or rogue state acquisition due to their graph (4); and to a state for a year if the President submits to smaller size, greater portability, and greater (3) by inserting after paragraph (2) the fol- the Speaker of the House of Representative and numbers compared to Russian strategic nuclear lowing new paragraph (3): the President pro tempore of the Senate a writ- weapons. ‘‘(3) In the case of defense personnel of a ten certification that the waiver of such restric- (3) Russia’s tactical nuclear warheads were country that is participating in the Partnership tions in such year is important to the national not covered by the START treaties or the recent for Peace program of the North Atlantic Treaty security interests of the United States, together Moscow Treaty. Russia is not legally bound to Organization (NATO), expenses authorized to be with a report containing the following: reduce its tactical nuclear stockpile and the paid under subsection (a) may be paid in con- ‘‘(A) A description of the activity or activities United States has no inspection rights regarding nection with travel of personnel to the territory that prevent the President from certifying that Russia’s tactical nuclear arsenal. of any of the countries participating in the the state is committed to the matters set forth in (b) SENSE OF THE SENATE.—(1) One of the most Partnership for Peace program or of any of the subsection (d) in such year as otherwise pro- likely nuclear weapon attack scenarios against NATO member countries.’’. vided for in that subsection. the United States would involve detonation of a SEC. 1213. SUPPORT OF UNITED NATIONS-SPON- ‘‘(B) A description of the strategy, plan, or stolen Russian tactical nuclear warhead smug- SORED EFFORTS TO INSPECT AND policy of the President for promoting the com- gled into the country. MONITOR IRAQI WEAPONS ACTIVI- TIES. mitment of the state to such matters, notwith- (2) It is a top national security priority of the (a) LIMITATION ON AMOUNT OF ASSISTANCE IN standing the waiver. United States to accelerate efforts to account FISCAL YEAR 2003.—The total amount of the as- ‘‘(2) The matter included in the report under for, secure, and reduce Russia’s stockpile of tac- sistance for fiscal year 2003 that is provided by paragraph (1) shall be submitted in unclassified tical nuclear warheads and associated fissile the Secretary of Defense under section 1505 of form, but may include a classified annex.’’. material. the Weapons of Mass Destruction Control Act of (b) ADMINISTRATION OF RESTRICTIONS ON AS- (3) This imminent threat warrants a special 1992 (22 U.S.C. 5859a) as activities of the De- SISTANCE.—Subsection (d) of that section is nonproliferation initiative. partment of Defense in support of activities amended— (c) REPORT.—Not later than 30 days after en- under that Act may not exceed $15,000,000. (1) by striking ‘‘any year’’ and inserting ‘‘any actment of this Act, the President shall report to (b) EXTENSION OF AUTHORITY TO PROVIDE AS- fiscal year’’; and Congress on efforts to reduce the particular SISTANCE.—Subsection (f) of section 1505 of the (2) by striking ‘‘that year’’ and inserting threats associated with Russia’s tactical nuclear Weapons of Mass Destruction Control Act of ‘‘such fiscal year’’. arsenal and the outlines of a special initiative 1992 (22 U.S.C. 5859a) is amended by striking (c) ELIGIBILITY REQUIREMENTS UNDER FREE- related to reducing the threat from Russia’s tac- ‘‘2002’’ and inserting ‘‘2003’’. DOM SUPPORT ACT.—Section 502 of the FREE- tical nuclear stockpile. DOM Support Act (Public Law 102–511; 106 Stat. SEC. 1214. ARCTIC AND WESTERN PACIFIC ENVI- Subtitle B—Other Matters 3338; 22 U.S.C. 5852) is amended— RONMENTAL COOPERATION PRO- (1) by striking ‘‘Funds’’ and inserting ‘‘(a) SEC. 1211. ADMINISTRATIVE SUPPORT AND SERV- GRAM. ICES FOR COALITION LIAISON OFFI- (a) IN GENERAL.—(1) Subchapter II of chapter ELIGIBILITY.—Except as provided in subsection CERS. (b), funds’’; and 138 of title 10, United States Code, is amended (a) AUTHORITY.—Chapter 6 of title 10, United (2) by adding at the end the following new by adding at the end the following new section: States Code, is amended by adding at the end subsection: ‘‘§ 2350m. Arctic and Western Pacific Environ- the following new section: ‘‘(b) WAIVER OF ELIGIBILITY REQUIREMENTS.— mental Cooperation Program (1) Funds may be obligated for a fiscal year ‘‘§ 169. Administrative support and services ‘‘(a) AUTHORITY TO CONDUCT PROGRAM.—The under subsection (a) for assistance or other pro- for coalition liaison officers Secretary of Defense may, with the concurrence grams and activities for an independent state of ‘‘(a) AUTHORITY.—The Secretary of Defense of the Secretary of State, conduct on a coopera- the former Soviet Union that does not meet one may provide administrative services and support tive basis with countries located in the Arctic July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5523 and Western Pacific regions a program of envi- Section 327 of the Strom Thurmond National De- cable laws and regulations concerning the ronmental activities provided for in subsection fense Authorization Act for Fiscal Year 1999 transfer of militarily sensitive and dual-use (b) in such regions. The program shall be known (Public Law 105–261; 112 Stat. 1965) is repealed. technologies. as the ‘Arctic and Western Pacific Environ- SEC. 1215. DEPARTMENT OF DEFENSE HIV/AIDS (c) REPORTING REQUIREMENT.— mental Cooperation Program’. PREVENTION ASSISTANCE PRO- (1) IN GENERAL.—Not later than April 1, 2004, ‘‘(b) PROGRAM ACTIVITIES.—(1) Except as pro- GRAM. and every two years thereafter, the Secretary of vided in paragraph (2), activities under the pro- (a) EXPANSION OF PROGRAM.—The Secretary State, shall submit a report to Congress, in both gram under subsection (a) may include coopera- of Defense is authorized to expand, in accord- classified and unclassified form, on the imple- tion and assistance on environmental matters in ance with this section, the Department of De- mentation of the Agreement and activities there- the Arctic and Western Pacific regions among fense program of HIV/AIDS prevention edu- under. elements of the Department of Defense and the cational activities undertaken in connection (2) REPORT ELEMENTS.—Each report under military departments or agencies of countries lo- with the conduct of United States military this subsection shall provide an evaluation of cated in such regions. training, exercises, and humanitarian assistance the benefits of the Agreement to the Chinese ‘‘(2) Activities under the program may not in- in sub-Saharan African countries. economy, military, and defense industrial base clude activities relating to the following: (b) ELIGIBLE COUNTRIES.—The Secretary may and shall include the following: ‘‘(A) The conduct of any peacekeeping exer- carry out the program in all eligible countries. A cise or other peacekeeping-related activity with country shall be eligible for activities under the (A) An accounting of all activities conducted the Russian Federation. program if the country— under the Agreement since the previous report, ‘‘(B) The provision of housing. and a projection of activities to be undertaken ‘‘(C) The provision of assistance to promote (1) is a country suffering a public health crisis (as defined in subsection (e)); and in the next two years. environmental restoration. (B) An estimate of the costs to the United ‘‘(D) The provision of assistance to promote (2) participates in the military-to-military con- States to administer the Agreement within the job retraining. tacts program of the Department of Defense. ‘‘(c) LIMITATION ON FUNDING FOR PROJECTS (c) PROGRAM ACTIVITIES.—The Secretary shall period covered by the report. OTHER THAN RADIOLOGICAL PROJECTS.—Not provide for the activities under the program— (C) An assessment of how the Agreement has more than 20 percent of the amount made avail- (1) to focus, to the extent possible, on military influenced the policies of the People’s Republic able for the program under subsection (a) in any units that participate in peace keeping oper- of China toward scientific and technological co- fiscal year may be available for projects under ations; and operation with the United States. the program other than projects on radiological (2) to include HIV/AIDS-related voluntary (D) An analysis of the involvement of Chinese matters. counseling and testing and HIV/AIDS-related nuclear weapons and military missile specialists ‘‘(d) ANNUAL REPORT.—(1) Not later than surveillance. in the activities of the Joint Commission. March 1, 2003, and each year thereafter, the (d) AUTHORIZATION OF APPROPRIATIONS.— (E) A determination of the extent to which the (1) IN GENERAL.—Of the amount authorized to Secretary of Defense shall submit to Congress a activities conducted under the Agreement have be appropriated by section 301(a)(22) to the De- report on activities under the program under enhanced the military and industrial base of the partment of Defense for operation and mainte- subsection (a) during the preceding fiscal year. People’s Republic of China, and an assessment nance of the Defense Health Program, ‘‘(2) The report on the program for a fiscal of the impact of projected activities for the next $30,000,000 may be available for carrying out the year under paragraph (1) shall include the fol- two years, including transfers of technology, on program described in subsection (a) as expanded lowing: China’s economic and military capabilities. ‘‘(A) A description of the activities carried out pursuant to this section. under the program during that fiscal year, in- (2) AVAILABILITY OF FUNDS.—Amounts appro- (F) Any recommendations on improving the cluding a separate description of each project priated pursuant to paragraph (1) are author- monitoring of the activities of the Commission under the program. ized to remain available until expended. by the Secretaries of Defense and State. ‘‘(B) A statement of the amounts obligated (e) COUNTRY SUFFERING A PUBLIC HEALTH (3) CONSULTATION PRIOR TO SUBMISSION OF RE- and expended for the program during that fiscal CRISIS DEFINED.—In this section, the term PORTS.—The Secretary of State shall prepare the year, set forth in aggregate and by project. ‘‘country suffering a public health crisis’’ means report in consultation with the Secretaries of ‘‘(C) A statement of the life cycle costs of each a country that has rapidly rising rates of inci- Commerce, Defense, and Energy, the Directors project, including the life cycle costs of such dence of HIV/AIDS or in which HIV/AIDS is of the National Science Foundation and the project as of the end of that fiscal year and an causing significant family, community, or soci- Federal Bureau of Investigation, and the intel- estimate of the total life cycle costs of such etal disruption. ligence community. project upon completion of such project. SEC. 1216. MONITORING IMPLEMENTATION OF DIVISION B—MILITARY CONSTRUCTION ‘‘(D) A statement of the participants in the THE 1979 UNITED STATES-CHINA AUTHORIZATIONS activities carried out under the program during AGREEMENT ON COOPERATION IN that fiscal year, including the elements of the SCIENCE AND TECHNOLOGY. SEC. 2001. SHORT TITLE. Department of Defense and the military depart- (a) RESPONSIBILITIES OF THE OFFICE OF This division may be cited as the ‘‘Military ments or agencies of other countries. SCIENCE AND TECHNOLOGY COOPERATION.—The Construction Authorization Act for Fiscal Year ‘‘(E) A description of the contributions of the Office of Science and Technology Cooperation 2003’’. military departments and agencies of other of the Department of State shall monitor the im- TITLE XXI—ARMY countries to the activities carried out under the plementation of the 1979 United States-China program during that fiscal year, including any Agreement on Cooperation in Science and Tech- SEC. 2101. AUTHORIZED ARMY CONSTRUCTION financial or other contributions to such activi- nology and its protocols (in this section referred AND LAND ACQUISITION PROJECTS. ties.’’. to as the ‘‘Agreement’’), and keep a systematic (a) INSIDE THE UNITED STATES.—Using (2) The table of sections at the beginning of account of the protocols thereto. The Office amounts appropriated pursuant to the author- that subchapter is amended by adding at the shall coordinate the activities of all agencies of ization of appropriations in section 2104(a)(1), end the following new item: the United States Government that carry out co- the Secretary of the Army may acquire real ‘‘2350m. Arctic and Western Pacific Environ- operative activities under the Agreement. property and carry out military construction mental Cooperation Program.’’. (b) GUIDELINES.—The Secretary of State shall projects for the installations and locations in- (b) REPEAL OF SUPERSEDED AUTHORITY ON ensure that all activities conducted under the side the United States, and in the amounts, set ARCTIC MILITARY COOPERATION PROGRAM.— Agreement and its protocols comply with appli- forth in the following table: Army: Inside the United States

State Installation or location Amount

Alabama ...... Anniston Army Depot ...... $1,900,000 Fort Rucker ...... $6,550,000 Alaska ...... Fort Richardson ...... $15,000,000 Fort Wainwright ...... $111,010,000 Arkansas ...... Pine Bluff Arsenal ...... $18,937,000 Colorado ...... Fort Carson ...... $1,100,000 District of Columbia ...... Walter Reed Army Medical Center ...... $17,500,000 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 ...... $74,000,000 Kentucky ...... Blue Grass Army Depot ...... $5,500,000 Fort Campbell ...... $99,000,000 Fort Knox ...... $6,800,000 Louisiana ...... Fort Polk ...... $31,000,000 Maryland ...... Fort Detrick ...... $19,700,000 Missouri ...... Fort Leonard Wood ...... $15,500,000 New York ...... Fort Drum ...... $1,500,000 H5524 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Army: Inside the United States—Continued

State Installation or location Amount

North Carolina ...... Fort Bragg ...... $85,500,000 Oklahoma ...... Fort Sill ...... $35,000,000 Pennsylvania ...... Letterkenny Army Depot ...... $1,550,000 Texas ...... Fort Hood ...... $69,000,000 Washington ...... Fort Lewis ...... $53,000,000

Total ...... $964,697,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Army may acquire real side the United States, and in the amounts, set amounts appropriated pursuant to the author- property and carry out military construction forth in the following table: ization of appropriations in section 2104(a)(2), projects for the installations and locations out- Army: Outside the United States

Country Installation or location Amount

Belgium ...... Chievres Air Base ...... $13,600,000 Germany ...... Area Support Group, Bamberg ...... $17,200,000 Darmstadt ...... $3,500,000 Grafenwoehr ...... $69,866,000 Heidelberg ...... $8,300,000 Landstuhl ...... $2,400,000 Mannheim ...... $43,350,000 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 Tango ...... $12,600,000 Camp Henry ...... $10,200,000 K16 Airfield ...... $40,000,000 Qatar ...... Qatar ...... $8,600,000

Total ...... $354,116,000

(c) UNSPECIFIED WORLDWIDE.—Using the the Secretary of the Army may acquire real projects for the installation and location, and in amounts appropriated pursuant to the author- property and carry out military construction the amount, set forth in the following table: ization of appropriations in section 2104(a)(3), Army: Unspecified Worldwide

Location Installation Amount

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

SEC. 2102. FAMILY HOUSING. ization of appropriations in section cluding land acquisition and supporting facili- (a) CONSTRUCTION AND ACQUISITION.—Using 2104(a)(6)(A), the Secretary of the Army may ties) at the installations, for the purposes, and amounts appropriated pursuant to the author- construct or acquire family housing units (in- 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 Units ...... $990,000 Korea ...... Yongsan ...... 10 Units ...... $3,100,000

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

(b) PLANNING AND DESIGN.—Using amounts Army in the total amount of $3,007,345,000 as (7) For the construction of phase 4 of an am- appropriated pursuant to the authorization of follows: munition demilitarization facility at Pueblo appropriations in section 2104(a)(6)(A), the Sec- (1) For military construction projects inside Chemical Activity, Colorado, authorized by sec- retary of the Army may carry out architectural the United States authorized by section 2101(a), tion 2401(a) of the Military Construction Au- and engineering services and construction de- $758,497,000. thorization Act for Fiscal Year 1997 (division B sign activities with respect to the construction (2) For military construction projects outside of Public Law 104–201; 110 Stat. 2775), as amend- or improvement of family housing units in an the United States authorized by section 2101(b), ed by section 2406 of the Military Construction amount not to exceed $15,653,000. $354,116,000. Authorization Act for Fiscal Year 2000 (division SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY (3) For military construction projects at un- B of Public Law 106–65; 113 Stat. 839) and sec- HOUSING UNITS. specified worldwide locations authorized by sec- tion 2108 of this Act, $38,000,000. tion 2101(c), $4,000,000. (8) For the construction of phase 5 of an am- Subject to section 2825 of title 10, United (4) For unspecified minor construction munition demilitarization facility at Newport States Code, and using amounts appropriated projects authorized by section 2805 of title 10, Army Depot, Indiana, authorized by section pursuant to the authorization of appropriations United States Code, $20,500,000. 2401(a) of the Military Construction Authoriza- in section 2104(a)(6)(A), the Secretary of the (5) For architectural and engineering services tion Act for Fiscal Year 1999 (division B of Pub- Army may improve existing military family and construction design under section 2807 of lic Law 105–261; 112 Stat. 2193), $61,494,000. housing units in an amount not to exceed title 10, United States Code, $148,864,000. (9) For the construction of phase 5 of an am- $239,751,000. (6) For military family housing functions: munition demilitarization facility at Aberdeen SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, (A) For construction and acquisition, plan- Proving Ground, Maryland, authorized by sec- ARMY. ning and design and improvement of military tion 2401(a) of the Military Construction Au- (a) IN GENERAL.—Funds are hereby author- family housing and facilities, $283,346,000. thorization Act for Fiscal Year 1999, as amended ized to be appropriated for fiscal years begin- (B) For support of military family housing by section 2406 of the Military Construction Au- ning after September 30, 2002, for military con- (including the functions described in section thorization Act for Fiscal Year 2002 (division B struction, land acquisition, and military family 2833 of title 10, United States Code), of Public Law 107–107; 115 Stat. 1299), housing functions of the Department of the $1,122,274,000. $30,600,000. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5525 (10) For the construction of phase 3 of an am- of a barracks complex, Range Road, at Fort (2) by striking the amount identified as the munition demilitarization facility at Blue Grass Campbell, Kentucky); and total in the amount column and inserting Army Depot, Kentucky, authorized by section (6) $25,000,000 (the balance of the amount au- ‘‘$829,919,000’’. 2401(a) of the Military Construction Authoriza- thorized under section 2101(a) for construction (b) CONFORMING AMENDMENT.—Section tion Act for Fiscal Year 2000 (113 Stat. 835), as of a consolidated maintenance complex at Fort 2404(b)(2) of that Act (112 Stat. 2196) is amended amended by section 2405 of the Military Con- Sill, Oklahoma). by striking ‘‘$162,050,000’’ and inserting struction Authorization Act for Fiscal Year 2002 (c) ADJUSTMENT.—The total amount author- ‘‘$264,353,000’’. (115 Stat. 1298) and section 2106 of this Act, ized to be appropriated pursuant to paragraphs $10,300,000. (1) through (17) of subsection (a) is the sum of SEC. 2108. MODIFICATION OF AUTHORITY TO (11) For the construction of phase 3 of an am- CARRY OUT CERTAIN FISCAL YEAR the amounts authorized to be appropriated in 1997 PROJECT. munition demilitarization support facility at such paragraphs, reduced by— Blue Grass Army Depot, Kentucky, authorized (1) $18,596,000, which represents savings re- (a) MODIFICATION.—The table in section by section 2401(a) of the Military Construction sulting from adjustments to foreign currency ex- 2401(a) of the Military Construction Authoriza- Authorization Act for Fiscal Year 2000, change rates for military construction, military tion Act for Fiscal Year 1997 (division B of Pub- $8,300,000. family housing construction, and military fam- lic Law 104–201; 110 Stat. 2775), as amended by (12) For the construction of phase 2 of Saddle ily housing support outside the United States; section 2406 of the Military Construction Au- Access Road, Pohakoula Training Facility, Ha- and thorization Act for Fiscal Year 2000 (division B waii, authorized by section 2101(a) of the Mili- (2) $29,350,000, which represents adjustments of Public Law 106–65; 113 Stat. 839), is further tary Construction Authorization Act for Fiscal for the accounting of civilian personnel benefits. amended— Year 2001 (division B of the Floyd D. Spence SEC. 2105. MODIFICATION OF AUTHORITY TO (1) under the agency heading relating to National Defense Authorization Act for Fiscal CARRY OUT CERTAIN FISCAL YEAR Chemical Demilitarization Program, in the item Year 2001, as enacted into law by Public Law 2002 PROJECTS. relating to Pueblo Chemical Activity, Colorado, 106–398; 114 Stat. 1654A–389), $13,000,000. (a) MODIFICATION.—The table in section by striking ‘‘$203,500,000’’ in the amount column (13) For the construction of phase 3 of a bar- 2101(a) of the Military Construction Authoriza- and inserting ‘‘$261,000,000’’; and racks complex, Butner Road, at Fort Bragg, tion Act for Fiscal Year 2002 (division B of Pub- (2) by striking the amount identified as the North Carolina, authorized by section 2101(a) of lic Law 107-107; 115 Stat. 1281) is amended— total in the amount column and inserting the Military Construction Authorization Act for (1) in the item relating to Fort Carson, Colo- ‘‘$607,454,000’’. Fiscal Year 2001, $50,000,000. rado, by striking ‘‘$66,000,000’’ in the amount (b) CONFORMING AMENDMENT.—Section (14) For the construction of phase 2 of a bar- column and inserting ‘‘$67,000,000’’; and 2406(b)(2) of that Act (110 Stat. 2779), as so racks complex, D Street, at Fort Richardson, (2) in the item relating to Fort Jackson, South amended, is further amended by striking Alaska, authorized by section 2101(a) of the Carolina, by striking ‘‘$65,650,000’’ in the ‘‘$203,500,000’’ and inserting ‘‘$261,000,000’’. Military Construction Authorization Act for amount column and inserting ‘‘$68,650,000’’. Fiscal Year 2002 (115 Stat. 1280), $21,000,000. (b) CONFORMING AMENDMENTS.—Section SEC. 2109. MODIFICATION OF AUTHORITY TO (15) For the construction of phase 2 of a bar- 2104(b) of that Act (115 Stat. 1284) is amended— CARRY OUT CERTAIN FISCAL YEAR racks complex, Nelson Boulevard, at Fort Car- (1) in paragraph (3), by striking ‘‘$41,000,000’’ 2001 PROJECT. son, Colorado, authorized by section 2101(a) of and inserting ‘‘$42,000,000’’; and The table in section 2101(b) of the Military the Military Construction Authorization Act for (2) in paragraph (4), by striking ‘‘$36,000,000’’ Construction Authorization Act for Fiscal Year Fiscal Year 2002, as amended by section 2105 of and inserting ‘‘$39,000,000’’. 2001 (division B of the Floyd D. Spence National this Act, $42,000,000. Defense Authorization Act for Fiscal Year 2001, (16) For the construction of phase 2 of a basic SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR as enacted into law by Public Law 106–398; 114 combat trainee complex at Fort Jackson, South 2000 PROJECT. Stat. 1654A–390) is amended by striking ‘‘Camp Carolina, authorized by section 2101(a) of the (a) MODIFICATION.—The table in section Page’’ in the installation or location column Military Construction Authorization Act for 2401(a) of the Military Construction Authoriza- and inserting ‘‘Camp Stanley’’. Fiscal Year 2002, as amended by section 2105 of tion Act for Fiscal Year 2000 (division B of Pub- SEC. 2110. PLANNING AND DESIGN FOR ANECHO- this Act, $39,000,000. lic Law 106–65; 113 Stat. 835), as amended by (17) For the construction of phase 2 of a bar- IC CHAMBER AT WHITE SANDS MIS- section 2405 of the Military Construction Au- racks complex, 17th and B Streets at Fort Lewis, SILE RANGE, NEW MEXICO. thorization Act for Fiscal Year 2002 (division B Washington, authorized by section 2101(a) of (a) PLANNING AND DESIGN.—The amount au- of Public Law 107–107; 115 Stat. 1298), is further the Military Construction Authorization Act for thorized to be appropriated by section Fiscal Year 2002, $50,000,000. amended— (1) under the agency heading relating to 2104(a)(5), for planning and design for military (b) LIMITATION ON TOTAL COST OF CONSTRUC- construction for the Army is hereby increased by TION PROJECTS.—Notwithstanding the cost vari- Chemical Demilitarization, in the item relating to Blue Grass Army Depot, Kentucky, by strik- $3,000,000, with the amount of the increase to be ations authorized by section 2853 of title 10, available for planning and design for an an- United States Code, and any other cost vari- ing ‘‘$254,030,000’’ in the amount column and inserting ‘‘$290,325,000’’; and echoic chamber at White Sands Missile Range, ation authorized by law, the total cost of all New Mexico. projects carried out under section 2101 of this (2) by striking the amount identified as the (b) OFFSET.—The amount authorized to be ap- Act may not exceed— total in the amount column and inserting propriated by section 301(a)(1) for the Army for (1) the total amount authorized to be appro- ‘‘$748,245,000’’. operation and maintenance is hereby reduced by priated under paragraphs (1), (2), and (3) of (b) CONFORMING AMENDMENT.—Section subsection (a); 2405(b)(3) of that Act (113 Stat. 839), as so $3,000,000, with the amount of the reduction to (2) $18,000,000 (the balance of the amount au- amended, is further amended by striking be allocated to Base Operations Support thorized under section 2101(a) for construction ‘‘$231,230,000’’ and inserting ‘‘$267,525,000’’. (Servicewide Support). of a barracks complex, Main Post, at Fort SEC. 2107. MODIFICATION OF AUTHORITY TO TITLE XXII—NAVY Benning, Georgia); CARRY OUT CERTAIN FISCAL YEAR (3) $100,000,000 (the balance of the amount au- 1999 PROJECT. SEC. 2201. AUTHORIZED NAVY CONSTRUCTION thorized under section 2101(a) for construction (a) MODIFICATION.—The table in section AND LAND ACQUISITION PROJECTS. of a barracks complex, Capron Avenue, at 2401(a) of the Military Construction Authoriza- (a) INSIDE THE UNITED STATES.—Using Schofield Barracks, Hawaii); tion Act for Fiscal Year 1999 (division B of Pub- amounts appropriated pursuant to the author- (4) $13,200,000 (the balance of the amount au- lic Law 105–261; 112 Stat. 2193) is amended— ization of appropriations in section 2204(a)(1), thorized under section 2101(a) for construction (1) under the agency heading relating to the Secretary of the Navy may acquire real of a combined arms collective training facility at Chemical Demilitarization, in the item relating property and carry out military construction Fort Riley, Kansas); to Newport Army Depot, Indiana, by striking projects for the installations and locations in- (5) $50,000,000 (the balance of the amount au- ‘‘$191,550,000’’ in the amount column and insert- side the United States, and in the amounts, set thorized under section 2101(a) for construction ing ‘‘$293,853,000’’; and 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 ...... Marine Corps Air Station, Miramar ...... $8,700,000 Marine Corps Air Ground Combat Center, Twentynine Palms ...... $25,770,000 Marine Corps Base, Camp Pendleton ...... $104,200,000 Naval Air Station, Lemoore ...... $35,855,000 Naval Air Station, San Diego ...... $6,150,000 Naval Air Warfare Center, Point Mugu ...... $6,760,000 Naval Construction Battalion Center, Port Hueneme ...... $6,957,000 Naval PostGraduate School, Monterey ...... $2,020,000 Naval Station, San Diego ...... $12,210,000 Connecticut ...... Naval Submarine Base, New London ...... $7,880,000 District of Columbia ...... Marine Corps Base, Washington ...... $3,700,000 H5526 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Navy: Inside the United States—Continued

State Installation or location Amount

Naval District, Washington ...... $2,690,000 Florida ...... Eglin Air Force Base ...... $6,350,000 Naval Air Station, Jacksonville ...... $6,770,000 Naval Air Station, Mayport ...... $1,900,000 Naval Air Station, Pensacola ...... $990,000 Panama City ...... $10,700,000 Georgia ...... Naval Submarine Base, Kings Bay ...... $1,580,000 Hawaii ...... Ford Island ...... $19,400,000 Marine Corps Base, Hawaii ...... $9,500,000 Naval Station, Pearl Harbor ...... $14,690,000 Illinois ...... Naval Training Center, Great Lakes ...... $93,190,000 Maine ...... Naval Air Station, Brunswick ...... $9,830,000 Naval Shipyard, Portsmouth ...... $15,200,000 Maryland ...... Andrews Air Force Base ...... $9,680,000 Naval Surface Warfare Center, Carderock Division ...... $12,900,000 Mississippi ...... Naval Air Station, Meridian ...... $2,850,000 Naval Construction Battalion Center, Gulfport ...... $5,460,000 Naval Station, Pascagoula ...... $25,305,000 New Jersey ...... Naval Air Warfare Center, Lakehurst ...... $5,200,000 Naval Weapons Station, Earle ...... $5,600,000 North Carolina ...... Camp LeJeune ...... $5,370,000 Marine Corps Air Station, Cherry Point ...... $6,040,000 Marine Corps Air Station, New River ...... $6,920,000 Rhode Island ...... Naval Station, Newport ...... $9,030,000 South Carolina ...... Marine Corps Air Station, Beaufort ...... $13,700,000 Marine Corps Recruit Depot, Parris Island ...... $10,490,000 Naval Weapons Station, Charleston ...... $5,740,000 Texas ...... Naval Air Station, Kingsville ...... $6,210,000 Naval Station, Ingleside ...... $5,480,000 Virginia ...... Marine Corps Combat Development Command, Quantico ...... $19,554,000 Naval Amphibious Base, Little Creek ...... $9,770,000 Naval Air Station, Norfolk ...... $2,260,000 Naval Air Station, Oceana ...... $16,490,000 Naval Ship Yard, Norfolk ...... $36,470,000 Naval Station, Norfolk ...... $168,965,000 Naval Surface Warfare Center, Dahlgren ...... $15,830,000 Naval Weapons Station, Yorktown ...... $15,020,000 Washington ...... Naval Air Station, Whidbey Island ...... $17,580,000 Naval Magazine, Port Hadlock ...... $4,030,000 Naval Shipyard, Puget Sound ...... $54,132,000 Naval Station, Bremerton ...... $45,870,000 Naval Submarine Base, Bangor ...... $22,310,000 Strategic Weapons Facility, Bangor ...... $7,340,000 Various Locations ...... Host Nation Infrastructure ...... $1,000,000

Total ...... $988,588,000

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

Country Installation or location Amount

Bahrain ...... Naval Support Activity, Bahrain ...... $25,970,000 Cuba ...... Naval Station, Guantanamo ...... $4,280,000 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 ...... $66,960,000 Spain ...... Joint Headquarters Command, Madrid ...... $2,890,000 Naval Station, Rota ...... $18,700,000

Total ...... $173,010,000

SEC. 2202. FAMILY HOUSING. ization of appropriations in section cluding land acquisition and supporting facili- (a) CONSTRUCTION AND ACQUISITION.—Using 2204(a)(5)(A), the Secretary of the Navy may ties) at the installations, for the purposes, and amounts appropriated pursuant to the author- construct or acquire family housing units (in- 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 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 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 Greece ...... Naval Support Activity Joint Headquarters Command, Larissa ...... 2 Units ...... $1,232,000 United Kingdom ...... Joint Maritime Facility, St. Mawgan ...... 62 Units ...... $18,524,000

Total ...... $224,951,000

(b) PLANNING AND DESIGN.—Using amounts appropriation in section 2204(a)(5)(A), the Sec- and engineering services and construction de- appropriated pursuant to the authorization of retary of the Navy may carry out architectural sign activities with respect to the construction July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5527 or improvement of military family housing units of the Military Construction Authorization Act SEC. 2205. MODIFICATION TO CARRY OUT CER- in an amount not to exceed $11,281,000. for Fiscal Year 2002 (division B of Public Law TAIN FISCAL YEAR 2002 PROJECTS. SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY 107–107; 115 Stat. 1287), as amended by section (a) MILITARY CONSTRUCTION PROJECT AT HOUSING UNITS. 2205 of this Act, $33,520,000. NAVAL STATION, NORFOLK, VIRGINIA.—The table Subject to section 2825 of title 10, United (b) LIMITATION ON TOTAL COST OF CONSTRUC- in section 2201(a) of the Military Construction States Code, and using amounts appropriated TION PROJECTS.—Notwithstanding the cost vari- Authorization Act for Fiscal Year 2002 (division pursuant to the authorization of appropriations ations authorized by section 2853 of title 10, B of Public Law 107–107; 115 Stat. 1286) is in section 2204(a)(5)(A), the Secretary of the United States Code, and any other cost vari- amended— Navy may improve existing military family ation authorized by law, the total cost of all (1) in the item relating to Naval Station, Nor- housing units in an amount not to exceed projects carried out under section 2201 of this folk, Virginia, by striking ‘‘$139,270,000’’ in the $139,468,000. Act may not exceed— amount column and inserting ‘‘$139,550,000’’; SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, (1) the total amount authorized to be appro- and NAVY. priated under paragraphs (1) and (2) of sub- (a) IN GENERAL.—Funds are hereby author- (2) by striking the amount identified as the section (a): ized to be appropriated for fiscal years begin- total in the amount column and inserting ning after September 30, 2002, for military con- (2) $8,345,000 (the balance of the amount au- ‘‘$1,059,030,000’’. struction, land acquisition, and military family thorized under section 2201(a) for a bachelors (b) CONFORMING AMENDMENT.—Section housing functions of the Department of the enlisted quarters shipboard ashore, Naval Sta- 2204(b)(2) of that Act (115 Stat. 1289) is amended Navy in the total amount of $2,478,174,000, as tion, Pascagoula, Mississippi); by striking ‘‘$33,240,000’’ and inserting follows: (3) $48,120,000 (the balance of the amount au- ‘‘$33,520,000’’. thorized under section 2201(a) for a bachelors (1) For military construction projects inside (c) MILITARY FAMILY HOUSING AT QUANTICO, enlisted quarters shipboard ashore, Naval Sta- the United States authorized by section 2201(a), VIRGINIA.—The table in section 2202(a) of that $932,123,000. tion, Norfolk, Virginia); and Act (115 Stat. 1287) is amended in the item relat- (2) For military construction projects outside (4) $2,570,000 (the balance of the amount au- ing to Marine Corps Combat Development Com- the United States authorized by section 2201(b), thorized under section 2201(b) for a quality of mand, Quantico, Virginia, by striking ‘‘60 $170,440,000. life support facility, Naval Air Station Units’’ in the purpose column and inserting ‘‘39 (3) For unspecified minor construction Sigonella, Italy). Units’’. projects authorized by section 2805 of title 10, (c) ADJUSTMENT.—The total amount author- United States Code, $23,262,000. ized to be appropriated pursuant to paragraphs TITLE XXIII—AIR FORCE (4) For architectural and engineering services (1) through (6) of subsection (a) is the sum of and construction design under section 2807 of SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- the amounts authorized to be appropriated in TION AND LAND ACQUISITION title 10, United States Code, $87,803,000. such paragraphs, reduced by— PROJECTS. (5) For military family housing functions: (A) For construction and acquisition, plan- (1) $3,992,000, which represents savings result- (a) INSIDE THE UNITED STATES.—Using ning and design, and improvement of military ing from adjustments to foreign currency ex- amounts appropriated pursuant to the author- family housing and facilities, $375,700,000. change rates for military construction, military ization of appropriations in section 2304(a)(1), (B) For support of military family housing family housing construction, and military fam- the Secretary of the Air Force may acquire real (including functions described in section 2833 of ily housing support outside the United States; property and carry out military construction title 10, United States Code), $867,788,000. and projects for the installations and locations in- (6) For replacement of a pier at Naval Station, (2) $10,470,000, which represents adjustments side the United States, and in the amounts, set Norfolk, Virginia, authorized in section 2201(a) for the accounting of civilian personnel benefits. forth in the following table: Air Force: Inside the United States

State Installation or location Amount

Alaska ...... Clear Air Force Station ...... $14,400,000 Eielson Air Force Base ...... $41,100,000 Arizona ...... Davis-Monthan Air Force Base ...... $19,270,000 Arkansas ...... Little Rock Air Force Base ...... $25,600,000 California ...... Beale Air Force Base ...... $11,740,000 Travis Air Force Base ...... $23,900,000 Vandenberg Air Force Base ...... $10,500,000 Colorado ...... Buckley Air Force Base ...... $17,700,000 Peterson Air Force Base ...... $5,500,000 Schriever Air Force Base ...... $5,700,000 United States Air Force Academy ...... $4,200,000 District of Columbia ...... Bolling Air Force Base ...... $5,000,000 Florida ...... Eglin Air Force Base ...... $4,250,000 Hurlburt Field ...... $15,000,000 MacDill Air Force Base ...... $7,000,000 Georgia ...... Robins Air Force Base ...... $5,400,000 Warner-Robins Air Force Base ...... $24,000,000 Hawaii ...... Hickam Air Force Base ...... $1,350,000 Louisiana ...... Barksdale Air Force Base ...... $22,900,000 Maryland ...... Andrews Air Force Base ...... $9,600,000 Massachusetts ...... Fourth Cliff, Scituate ...... $9,500,000 Hanscom Air Force Base ...... $7,700,000 Mississippi ...... Keesler Air Force Base ...... $22,000,000 Nebraska ...... Offutt Air Force Base ...... $11,000,000 Nevada ...... Nellis Air Force Base ...... $56,850,000 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 Seymour Johnson Air Force Base ...... $10,600,000 North Dakota ...... Minot Air Force Base ...... $18,000,000 Ohio ...... Wright-Patterson Air Force Base ...... $35,400,000 Oklahoma ...... Altus Air Force Base ...... $14,800,000 Vance Air Force Base ...... $4,800,000 South Carolina ...... Shaw Air Force Base ...... $6,500,000 South Dakota ...... Ellsworth Air Force Base ...... $13,200,000 Texas ...... Goodfellow Air Force Base ...... $10,600,000 Lackland Air Force Base ...... $41,500,000 Sheppard Air Force Base ...... $16,000,000 Utah ...... Hill Air Force Base ...... $16,500,000 Virginia ...... Langley Air Force Base ...... $71,940,000 Wyoming ...... F.E. Warren Air Force Base ...... $15,000,000

Total ...... $721,531,000 H5528 CONGRESSIONAL RECORD — HOUSE July 25, 2002

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

Country Installation or location Amount

Germany ...... Ramstein Air Base ...... $71,783,000 Guam ...... Andersen Air Force Base ...... $31,000,000 Italy ...... Aviano Air Base ...... $6,600,000 Japan ...... Kadena Air Base ...... $6,000,000 Korea ...... Osan Air Base ...... $15,100,000 Spain ...... Naval Station, Rota ...... $31,818,000 Turkey ...... Incirlik Air Base ...... $1,550,000 United Kingdom ...... Diego Garcia ...... $17,100,000 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 the Secretary of the Air Force may acquire real projects for the installation and location, and in amounts appropriated pursuant to the author- property and carry out military construction the amount, set forth in the following table: ization of appropriations in section 2304(a)(3), Air Force: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ...... Classified Locations ...... $24,993,000

SEC. 2302. FAMILY HOUSING. ization of appropriations in section cluding land acquisition and supporting facili- (a) CONSTRUCTION AND ACQUISITION.—Using 2304(a)(6)(A), the Secretary of the Air Force may ties) at the installations, for the purposes, and amounts appropriated pursuant to the author- construct or acquire family housing units (in- 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- $1,514,000 nance Facility. 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 ...... $16,605,000 Missouri ...... Whiteman Air Force Base ...... 22 Units ...... $3,977,000 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- $991,000 nance Facility. 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- $447,000 nance Facility. 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- $447,000 nance Facility. 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 $834,000 Warehouse. United Kingdom ...... Royal Air Force Lakenheath ...... Housing Office and $2,203,000 Maintenance Fa- cility.

Total ...... $416,438,000

(b) PLANNING AND DESIGN.—Using amounts SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, appropriated pursuant to the authorization of HOUSING UNITS. AIR FORCE. appropriations in section 2304(a)(6)(A), the Sec- Subject to section 2825 of title 10, Unites States (a) IN GENERAL.—Funds are hereby author- retary of the Air Force may carry out architec- Code, and using amounts appropriated pursu- ized to be appropriated for fiscal years begin- tural and engineering services and construction ant to the authorization of appropriations in ning after September 30, 2002, for military con- design activities with respect to the construction section 2304(a)(6)(A), the Secretary of the Air struction, land acquisition, and military family or improvement of military family housing units Force may improve existing military family housing functions of the Department of the Air in an amount not to exceed $34,188,000. housing units in an amount not to exceed Force in the total amount of $2,597,272,000, as $226,068,000. follows: July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5529

(1) For military construction projects inside SEC. 2305. AUTHORITY FOR USE OF MILITARY (c) OFFSET.—The amount authorized to be ap- the United States authorized by section 2301(a), CONSTRUCTION FUNDS FOR CON- propriated by section 301(a)(10) for operation $709,431,000. STRUCTION OF PUBLIC ROAD NEAR and maintenance for the Army National Guard AVIANO AIR BASE, ITALY, CLOSED (2) For military construction projects outside FOR FORCE PROTECTION PURPOSES. is hereby reduced by $7,500,000, with the amount the United States authorized by section 2301(b), (a) AUTHORITY TO USE FUNDS.—The Secretary of the reduction to be allocated to the Classified $238,251,000. of the Air Force may, using amounts authorized Network Program. (3) For the military construction projects at to be appropriated by section 2301(b), carry out SEC. 2307. AVAILABILITY OF FUNDS FOR CON- unspecified worldwide locations authorized by a project to provide a public road, and associ- SOLIDATION OF MATERIALS COM- section 2301(c), $24,993,000. ated improvements, to replace a public road ad- PUTATIONAL RESEARCH FACILITY (4) For unspecified minor construction jacent to Aviano Air Base, Italy, that has been AT WRIGHT–PATTERSON AIR FORCE projects authorized by section 2805 of title 10, closed for force protection purposes. BASE, OHIO. United States Code, $11,500,000. (b) SCOPE OF AUTHORITY.—(1) The authority (a) AVAILABILITY.—Of the amount authorized (5) For architectural and engineering services of the Secretary to carry out the project referred to be appropriated by section 2304(a), and para- and construction design under section 2807 of to in subsection (a) shall include authority as graph (1) of that section, for the Air Force and title 10, United States Code, $81,416,000. follows: available for military construction projects at (6) For military housing functions: (A) To acquire property for the project for Wright–Patterson Air Force Base, Ohio, (A) For construction and acquisition, plan- transfer to a host nation authority. $15,200,000 may be available for a military con- ning and design, and improvement of military (B) To provide funds to a host nation author- struction project for consolidation of the mate- family housing and facilities, $676,694,000. ity to acquire property for the project. rials computational research facility at Wright– (B) For support of military family housing (C) To make a contribution to a host nation Patterson Air Force Base (PNZHTV033301A). (including functions described in section 2833 of authority for purposes of carrying out the (b) OFFSET.—(1) The amount authorized to be project. title 10, United States Code), $874,050,000. appropriated by section 301(a)(4) for the Air (b) LIMITATION ON TOTAL COST OF CONSTRUC- (D) To provide vehicle and pedestrian access Force for operation and maintenance is hereby TION PROJECTS.—Notwithstanding the cost vari- to landowners effected by the project. reduced by $2,800,000, with the amount of the ations authorized by section 2853 of title 10, (2) The acquisition of property using author- reduction to be allocated to Recruiting and Ad- United States Code, and any other cost vari- ity in subparagraph (A) or (B) of paragraph (1) vertising. ation authorized by law, the total cost of all may be made regardless of whether or not own- projects carried out under section 2301 of this ership of such property will vest in the United (2) Of the amount authorized to be appro- Act may not exceed— States. priated by section 2304(a), and paragraph (1) of (c) INAPPLICABILITY OF CERTAIN REAL PROP- (1) the total amount authorized to be appro- that section, for the Air Force and available for ERTY MANAGEMENT REQUIREMENT.—Section priated under paragraphs (1), (2) and (3) of sub- military construction projects at Wright–Patter- 2672(a)(1)(B) of title 10, United States Code, section (a); son Air Force Base— shall not apply with respect to any acquisition (2) $7,100,000 (the balance of the amount au- (A) the amount available for a dormitory is of interests in land for purposes of the project thorized under section 2301(a) for construction hereby reduced by $10,400,000; and authorized by subsection (a). of a consolidated base engineer complex at Altus (B) the amount available for construction of a Air Force Base, Oklahoma); and SEC. 2306. ADDITIONAL PROJECT AUTHORIZA- TION FOR AIR TRAFFIC CONTROL FA- Fully Contained Small Arms Range Complex is (3) $5,000,000 (the balance of the amount au- CILITY AT DOVER AIR FORCE BASE, hereby reduced by $2,000,000. thorized under section 2301(a) for construction DELAWARE. TITLE XXIV—DEFENSE AGENCIES of a storm drainage system at F.E. Warren Air (a) PROJECT AUTHORIZED.—In addition to the Force Base, Wyoming). projects authorized by section 2301(a), the Sec- SEC. 2401. AUTHORIZED DEFENSE AGENCIES (c) ADJUSTMENT.—The total amount author- retary of the Air Force may carry out carry out CONSTRUCTION AND LAND ACQUISI- ized to be appropriated pursuant to paragraphs a military construction project, including land TION PROJECTS. (1) through (6) of subsection (a) is the sum of acquisition relating thereto, for construction of (a) INSIDE THE UNITED STATES.—Using the amounts authorized to be appropriated in a new air traffic control facility at Dover Air amounts appropriated pursuant to the author- such paragraphs, reduced by $19,063,000, which Force Base, Delaware, in the amount of ization of appropriations in section 2404(a)(1), represents savings resulting from adjustments to $7,500,000. the Secretary of Defense may acquire real prop- foreign currency exchange rates for military (b) AUTHORIZATION OF APPROPRIATIONS.—The erty and carry out military construction projects construction, military family housing construc- amount authorized to be appropriated by section for the installations and locations inside the tion, and military family housing support out- 2304(a), and by paragraph (1) of that section, is United States, and in the amounts, set forth in side the United States. hereby increased by $7,500,000. 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 ...... Defense Supply Center, 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 Joint Chiefs of Staff ...... Conus Various ...... $25,000,000 National Security Agency ...... Fort Meade, Maryland ...... $4,484,000 Special Operations Command ...... Fort Bragg, North Carolina ...... $30,800,000 Hurlburt Field, Florida ...... $11,100,000 Naval Amphibious Base, Little Creek, Virginia ...... $14,300,000 Stennis Space Center, Mississippi ...... $5,000,000 TRICARE Management Activity ...... Elmendorf Air Force Base, Alaska ...... $10,400,000 Hickam Air Force Base, Hawaii ...... $2,700,000 Washington Headquarters Services ...... Arlington, Virginia ...... $18,000,000 Washington Headquarters Services, District of Columbia ...... $2,500,000

Total ...... $404,496,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of Defense may acquire real prop- United States, and in the amounts, set forth in amounts appropriated pursuant to the author- erty and carry out military construction projects the following table: ization of appropriations in section 2404(a)(2), for the installations and locations outside the Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Logistics Agency ...... Andersen Air Force Base, Guam ...... $17,586,000 Lajes Field, Azores, Portugal ...... $19,000,000 H5530 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount

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 Mons, 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 ...... $225,583,000

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY tion of the Defense Threat Reduction Center, propriated by section 2601(1)(A) for the Army HOUSING UNITS. Fort Belvoir, Virginia). National Guard of the United States is hereby Subject to section 2825 of title 10, United (c) ADJUSTMENT.—The total amount author- increased by $9,000,000. States Code, and using amounts appropriated ized to be appropriated pursuant to paragraphs (b) AVAILABILITY.—(1) Of the amount author- pursuant to the authorization of appropriations (1) through (9) of subsection (a) is the sum of ized to be appropriated by section 2601(1)(A) for in section 2404(a)(8)(A), the Secretary of Defense the amounts authorized to be appropriated in the Army National Guard of the United States, may improve existing military family housing such paragraphs, reduced by— as increased by subsection (a), $9,000,000 may be units in an amount not to exceed $5,480,000. (1) $2,976,000, which represents savings result- available for a military construction project for SEC. 2403. ENERGY CONSERVATION PROJECTS. ing from adjustments to foreign currency ex- a Reserve Center in Lane County, Oregon. Using amounts appropriated pursuant to the change rates for military construction, military (2) The amount available under paragraph (1) authorization of appropriations in section family housing construction, and military fam- for the military construction project referred to 2404(a)(4), the Secretary of Defense may carry ily housing support outside the United States; in that paragraph is in addition to any other out energy conservation projects under section and amounts available under this Act for that 2865 of title 10, United States Code, in the (2) $37,000, which represents adjustments for project. amount of $50,531,000. the accounting of civilian personnel benefits. (c) OFFSET.—(1) The amount authorized to be SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, TITLE XXV—NORTH ATLANTIC TREATY appropriated by section 201(2) for research, de- DEFENSE AGENCIES. ORGANIZATION SECURITY INVESTMENT velopment, test, and evaluation for the Navy is (a) IN GENERAL.—Funds are hereby author- PROGRAM hereby reduced by $2,500,000, with the amount ized to be appropriated for fiscal years begin- of the reduction to be allocated to Warfighter ning after September 30, 2002, for military con- SEC. 2501. AUTHORIZED NATO CONSTRUCTION Sustainment Advanced Technology (PE AND LAND ACQUISITION PROJECTS. struction, land acquisition, and military family 0603236N). The Secretary of Defense may make contribu- housing functions of the Department of Defense (2) The amount authorized to be appropriated tions for the North Atlantic Treaty Organiza- (other than the military departments) in the by section 301(a)(6) for operation and mainte- tion Security Investment program as provided in total amount of $1,316,972,000, as follows: nance for the Army Reserve is hereby reduced section 2806 of title 10, United States Code, in an (1) For military construction projects inside by $6,000,000, with the amount of the reduction amount not to exceed the sum of the amount au- the United States authorized by section 2401(a), to be allocated to the Enhanced Secure Commu- thorized to be appropriated for this purpose in $367,896,000. nications Program. (2) For military construction projects outside section 2502 and the amount collected from the North Atlantic Treaty Organization as a result SEC. 2603. ADDITIONAL PROJECT AUTHORIZA- the United States authorized by section 2401(b), TION FOR COMPOSITE SUPPORT FA- $225,583,000. of construction previously financed by the CILITY FOR ILLINOIS AIR NATIONAL (3) For unspecified minor construction United States. GUARD. projects under section 2805 of title 10, United SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, (a) INCREASE IN AUTHORIZATION OF APPRO- States Code, $16,293,000. NATO. PRIATIONS.—The amount authorized to be ap- (4) For contingency construction projects of Funds are hereby authorized to be appro- propriated by section 2601(3)(A) for the Air Na- the Secretary of Defense under section 2804 of priated for fiscal years beginning after Sep- tional Guard is hereby increased by $10,000,000. title 10, United States Code, $10,000,000. tember 30, 2002, for contributions by the Sec- (b) AVAILABILITY.—Of the amount authorized (5) For architectural and engineering services retary of Defense under section 2806 of title 10, to be appropriated by section 2601(3)(A) for the and construction design under section 2807 of United States Code, for the share of the United Air National Guard, as increased by subsection title 10, United States Code, $44,232,000. States of the cost of projects for the North At- (a), $10,000,000 may be available for a military (6) For energy conservation projects author- lantic Treaty Organization Security Investment construction project for a Composite Support ized by section 2403 of this Act, $50,531,000. program authorized by section 2501, in the Facility for the 183rd Fighter Wing of the Illi- (7) For base closure and realignment activities amount of $168,200,000. nois Air National Guard. as authorized by the Defense Base Closure and TITLE XXVI—GUARD AND RESERVE (c) OFFSET.—The amount authorized to be ap- Realignment Act of 1990 (part A of title XXIX of FORCES FACILITIES propriated by section 301(a)(5) for operation and Public Law 101–510; 10 U.S.C. 2687 note), maintenance, defense-wide, is hereby reduced by $545,138,000. SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISI- $10,000,000, with the amount of the reduction to (8) For military family housing functions: be allocated to amounts available for the Infor- (A) For improvement of military family hous- TION PROJECTS. mation Operations Program. ing and facilities, $5,480,000. There are authorized to be appropriated for (B) For support of military family housing fiscal years beginning after September 30, 2002, TITLE XXVII—EXPIRATION AND (including functions described in section 2833 of for the costs of acquisition, architectural and EXTENSION OF AUTHORIZATIONS title 10, United States Code), $42,432,000. engineering services, and construction of facili- SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND (C) For credit to the Department of Defense ties for the Guard and Reserve Forces, and for AMOUNTS REQUIRED TO BE SPECI- Family Housing Improvement Fund established contributions there for, under chapter 1803 of FIED BY LAW. by section 2883(a)(1) of title 10, United States title 10, United States Code (including the cost (a) EXPIRATION OF AUTHORIZATIONS AFTER Code, $2,000,000. of acquisition of land for those facilities), the THREE YEARS.—Except as provided in subsection (9) For payment of a claim against the Hos- following amounts: (b), all authorizations contained in titles XXI pital Replacement project at Elmendorf Air (1) For the Department of the Army— through XXVI for military construction Force Base, Alaska, $10,400,000. (A) for the Army National Guard of the projects, land acquisition, family housing (b) LIMITATION ON TOTAL COST OF CONSTRUC- United States, $186,588,000; and projects and facilities, and contributions to the TION PROJECTS.—Notwithstanding the cost vari- (B) for the Army Reserve, $62,992,000. North Atlantic Treaty Organization Security In- ations authorized by section 2853 of title 10, (2) For the Department of the Navy, for the vestment program (and authorizations of appro- United States Code, and any other cost vari- Naval and Marine Corps Reserve, $58,671,000. priations therefor) shall expire on the later of— ation authorized by law, the total cost of all (3) For the Department of the Air Force— (1) October 1, 2005; or projects carried out under section 2401 of this (A) for the Air National Guard of the United (2) the date of the enactment of an Act au- Act may not exceed— States, $212,459,000; and thorizing funds for military construction for fis- (1) the total amount authorized to be appro- (B) for the Air Force Reserve, $59,883,000. cal year 2006. priated under paragraphs (1) and (2) of sub- SEC. 2602. ARMY NATIONAL GUARD RESERVE (b) EXCEPTION.—Subsection (a) shall not section (a); and CENTER, LANE COUNTY, OREGON. apply to authorizations for military construc- (2) $26,200,000 (the balance of the amount au- (a) INCREASE IN AUTHORIZATION OF APPRO- tion projects, land acquisition, family housing thorized under section 2401(a) for the construc- PRIATIONS.—The amount authorized to be ap- projects, and facilities, and contributions to the July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5531 North Atlantic Treaty Organization Security In- tions to the North Atlantic Treaty Organization authorizations set forth in the tables in sub- vestment program (and authorizations of appro- Security Investment program. section (b), as provided in section 2302 or 2601 of priations therefor) for which appropriated funds SEC. 2702. EXTENSION OF AUTHORIZATIONS OF that Act, shall remain in effect until October 1, have been obligated before the later of— CERTAIN FISCAL YEAR 2000 2003, or the date of the enactment of an Act au- (1) October 1, 2005; or PROJECTS. thorizing funds for military construction for fis- (2) the date of the enactment of an Act au- (a) EXTENSION OF CERTAIN PROJECTS.—Not- cal year 2004, whichever is later. thorized funds for fiscal year 2005 for military withstanding section 2701 of the Military Con- construction projects, land acquisition, family struction Authorization Act for Fiscal Year 2000 (b) TABLES.—The tables referred to in sub- housing projects and facilities, and contribu- (division B of Public Law 106–65; 113 Stat. 841), section (a) are as follows: Air Force: Extension of 2000 Project Authorization

State Installation or location Project Amount

Oklahoma ...... Tinker Air Force Base ...... Replace Family $6,000,000 Housing (41 Units). Texas ...... Lackland Air Force Base ...... Dormitory ...... $5,300,000 Army National Guard: Extension of 2000 Project Authorization

State Installation or location Project Amount

Virginia ...... Fort Pickett ...... Multi-Purpose $13,500,000 Range Complex– Heavy.

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

State Installation or location Project Amount

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

SEC. 2704. EFFECTIVE DATE. SEC. 2802. REPEAL OF SOURCE REQUIREMENTS Subtitle B—Real Property and Facilities Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, FOR FAMILY HOUSING CONSTRUC- Administration TION OVERSEAS. and XXVII of this Act shall take effect on the SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES later of— Section 803 of the Military Construction Au- TO ENHANCE MILITARY TRAINING, thorization Act, 1984 (Public Law 98–115; 10 (1) October 1, 2002; or TESTING, AND OPERATIONS. U.S.C. 2821 note) is repealed. (a) IN GENERAL.—Chapter 159 of title 10, (2) the date of the enactment of this Act. SEC. 2803. MODIFICATION OF LEASE AUTHORI- United States Code, is amended by inserting TITLE XXVIII—GENERAL PROVISIONS TIES UNDER ALTERNATIVE AUTHOR- after section 2696 the following new section: ITY FOR ACQUISITION AND IM- Subtitle A—Military Construction Program PROVEMENT OF MILITARY HOUSING. ‘‘§ 2697. Agreements with private entities to enhance military training, testing, and op- and Military Family Housing Changes (a) LEASING OF HOUSING.—Subsection (a) of erations SEC. 2801. LEASE OF MILITARY FAMILY HOUSING section 2874 of title 10, United States Code, is GREEMENTS ITH RIVATE NTITIES U IN KOREA. amended to read as follows: ‘‘(a) A W P E A - ‘‘(a) LEASE AUTHORIZED.—(1) The Secretary THORIZED.—The Secretary of Defense or the Sec- (a) INCREASE IN NUMBER OF UNITS AUTHOR- concerned may enter into contracts for the lease retary of a military department may enter into IZED FOR LEASE AT CURRENT MAXIMUM of housing units that the Secretary determines an agreement with a private entity described in AMOUNT.—Paragraph (3) of section 2828(e) of are suitable for use as military family housing subsection (b) to address the use or development title 10, United States Code, is amended by strik- or military unaccompanied housing. of real property in the vicinity of an installation ing ‘‘800 units’’ and inserting ‘‘1,175 units’’. ‘‘(2) The Secretary concerned shall utilize under the jurisdiction of such Secretary for pur- (b) AUTHORITY TO LEASE ADDITIONAL NUMBER housing units leased under paragraph (1) as poses of— OF UNITS AT INCREASED MAXIMUM AMOUNT.— military family housing or military unaccom- ‘‘(1) limiting any development or use of such That section is further amended— panied housing, as appropriate.’’. property that would otherwise be incompatible with the mission of such installation; or (1) by redesignating paragraphs (4) and (5) as (b) REPEAL OF INTERIM LEASE AUTHORITY.— paragraphs (5) and (6), respectively; Section 2879 of such title is repealed. ‘‘(2) preserving habitat on such property in a manner that is compatible with both— (2) by inserting after paragraph (3) the fol- (c) CONFORMING AND CLERICAL AMEND- ‘‘(A) current or anticipated environmental re- lowing new paragraph (4): MENTS.—(1) The heading for section 2874 of such title is amended to read as follows: quirements that would or might otherwise re- ‘‘(4) In addition to the units of family housing strict, impede, or otherwise interfere, whether referred to in paragraph (1) for which the max- ‘‘§ 2874. Leasing of housing’’. directly or indirectly, with current or antici- imum lease amount is $25,000 per unit per year, (2) The table of sections at the beginning of pated military training, testing, or operations on the Secretary of the Army may lease not more such installation; and than 2,400 units of family housing in Korea sub- subchapter IV of chapter 169 of such title is ‘‘(B) current or anticipated military training, ject to a maximum lease amount of $35,000 per amended— testing, or operations on such installation. unit per year.’’; (A) by striking the item relating to section 2874 and inserting the following new item: ‘‘(b) COVERED PRIVATE ENTITIES.—A private (3) in paragraph (5), as so redesignated, by entity described in this subsection is any private striking ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’; ‘‘2874. Leasing of housing.’’; entity that has as its stated principal organiza- and and tional purpose or goal the conservation, restora- (4) in paragraph (6), as so redesignated, by (B) by striking the item relating to section tion, or preservation of land and natural re- striking ‘‘53,000’’ and inserting ‘‘55,775’’. 2879. sources, or a similar purpose or goal. H5532 CONGRESSIONAL RECORD — HOUSE July 25, 2002

‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT SEC. 2812. CONVEYANCE OF SURPLUS REAL PROP- ‘‘(h) DEFINITIONS.—In this section: REQUIREMENTS.—Chapter 63 of title 31 shall not ERTY FOR NATURAL RESOURCE CON- ‘‘(1) The term ‘appropriate committees of Con- apply to any agreement entered into under this SERVATION. gress’ has the meaning given that term in sec- section. (a) IN GENERAL.—(1) Chapter 159 of title 10, tion 2801(c)(4) of this title. ‘‘(d) ACQUISITION AND ACCEPTANCE OF PROP- United States Code, as amended by section 2811 ‘‘(2) The term ‘State’ includes the District of ERTY AND INTERESTS.—(1) Subject to the provi- of this Act, is further amended by inserting after Columbia, the Commonwealth of Puerto Rico, sions of this subsection, an agreement with a section 2697 the following new section: the Commonwealth of the Northern Marianas, private entity under this section— ‘‘§ 2698. Conveyance of surplus real property and the territories and possessions of the United ‘‘(A) may provide for the private entity to ac- for natural resource conservation States. quire all right, title, and interest in and to any ‘‘(3) The term ‘base closure law’ means the fol- real property, or any lesser interest therein, as ‘‘(a) AUTHORITY TO CONVEY.—Subject to sub- lowing: may be appropriate for purposes of this section; section (c), the Secretary of a military depart- ‘‘(A) Section 2687 of this title. and ment may, in the sole discretion of such Sec- ‘‘(B) Title II of the Defense Authorization ‘‘(B) shall provide for the private entity to retary, convey to any State or local government Amendments and Base Closure and Realignment transfer to the United States, upon the request or instrumentality thereof, or private entity that Act of 1988 (10 U.S.C. 2687 note). of the United States, any property or interest so has as its primary purpose or goal the conserva- ‘‘(C) The Defense Base Closure and Realign- acquired. tion of open space or natural resources on real ment Act of 1990 (part A of title XXIX of Public ‘‘(2) Property or interests may not be acquired property, all right, title, and interest of the Law 101–510; 10 U.S.C. 2687 note). pursuant to an agreement under this section un- United States in and to any real property, in- ‘‘(D) Any other similar authority for the clo- less the owner of such property or interests, as cluding any improvements thereon, under the sure or realignment of military installations that the case may be, consents to the acquisition. jurisdiction of such Secretary that is described is enacted after the date of the enactment of the ‘‘(3) An agreement under this section pro- in subsection (b). National Defense Authorization Act for Fiscal viding for the acquisition of property or inter- ‘‘(b) COVERED REAL PROPERTY.—Real prop- Year 2003.’’. ests under paragraph (1)(A) shall provide for erty described in this subsection is any property (2) The table of sections at the beginning of the sharing by the United States and the private that— chapter 159 of that title, as amended by section entity concerned of the costs of the acquisition ‘‘(1) is suitable, as determined by the Sec- 2811 of this Act, is further amended by inserting of such property or interests. retary concerned, for use for the conservation of after the item relating to section 2687 the fol- ‘‘(4) The Secretary concerned shall identify open space or natural resources; lowing new item: any property or interests to be acquired pursu- ‘‘(2) is surplus property for purposes of title II ‘‘2698. Conveyance of surplus real property for ant to an agreement under this section. Such of the Federal Property and Administrative natural resource conservation.’’. property or interests shall be limited to the min- Services Act of 1949 (40 U.S.C. 471 et seq.); and (b) ACCEPTANCE OF FUNDS TO COVER ADMINIS- imum property or interests necessary to ensure ‘‘(3) has been available for public benefit con- TRATIVE EXPENSES.—Section 2695(b) of that title that the property concerned is developed and veyance under that title for a sufficient time, as is amended by adding at the end the following used in a manner appropriate for purposes of determined by the Secretary concerned in con- new paragraph: this section. sultation with the Administrator of General ‘‘(5) The conveyance of real property under ‘‘(5) The Secretary concerned may accept on Services, to permit potential claimants to seek section 2698 of this title.’’. behalf of the United States any property or in- public benefit conveyance of such property, but (c) AGREEMENTS WITH PRIVATE ENTITIES.— terest to be transferred to the United States without the submittal during that time of a re- Section 2701(d) of that title is amended— under paragraph (1)(B). quest for such conveyance. (1) in paragraph (1), by striking ‘‘with any ‘‘(6) The Secretary concerned may, for pur- ‘‘(c) CONDITIONS OF CONVEYANCE.—Real prop- State or local government agency, or with any poses of the acceptance of property or interests erty may not be conveyed under this section un- Indian tribe,’’ and inserting ‘‘any State or local under this subsection, accept an appraisal or less the conveyee of such property agrees that government agency, any Indian tribe, or, for title documents prepared or adopted by a non- such property— purposes under section 2697 or 2698 of this title, Federal entity as satisfying the applicable re- ‘‘(1) shall be used and maintained for the con- with any private entity’’; and quirements of section 301 of the Uniform Reloca- servation of open space or natural resources in (2) by striking paragraph (4), as redesignated tion Assistance and Real Property Acquisition perpetuity, unless otherwise provided for under by section 311(1) of this Act, and inserting the Policies Act of 1970 (42 U.S.C. 4651) or section subsection (e); and following new paragraph (4): 355 of the Revised Statutes (40 U.S.C. 255) if the ‘‘(2) may be subsequently conveyed only if— ‘‘(4) DEFINITIONS.—In this subsection: ‘‘(A) The term ‘Indian tribe’ has the meaning Secretary finds that such appraisal or title doc- ‘‘(A) the Secretary concerned approves in given such term in section 101(36) of Comprehen- uments substantially comply with such require- writing such subsequent conveyance; sive Environmental Response, Compensation, ments. ‘‘(B) the Secretary concerned notifies the ap- and Liability Act of 1980 (42 U.S.C. 9601(36)). ‘‘(e) ADDITIONAL TERMS AND CONDITIONS.— propriate committees of Congress of the subse- ‘‘(B) The term ‘private entity’ means any pri- The Secretary concerned may require such addi- quent conveyance not later than 21 days before vate entity that has as its stated principal orga- tional terms and conditions in an agreement the subsequent conveyance; and nizational purpose or goal the conservation, res- under this section as such Secretary considers ‘‘(C) after such subsequent conveyance, shall toration, or preservation of land and natural re- appropriate to protect the interests of the United be used and maintained for the conservation of sources, or a similar purpose or goal.’’. States. open space or natural resources in perpetuity, ‘‘(f) FUNDING.—(1) Except as provided in unless otherwise provided for under subsection SEC. 2813. MODIFICATION OF DEMONSTRATION paragraph (2), amounts authorized to be appro- PROGRAM ON REDUCTION IN LONG- (e). TERM FACILITY MAINTENANCE priated to the Range Enhancement Initiative ‘‘(d) USE FOR INCIDENTAL PRODUCTION OF COSTS. Fund of the Department of Defense are avail- REVENUE.—Real property conveyed under this (a) ADMINISTRATOR OF PROGRAM.—Subsection able for purposes of any agreement under this section may be used for the incidental produc- (a) of section 2814 of the Military Construction section. tion of revenue, as determined by the Secretary Authorization Act for Fiscal Year 2002 (division ‘‘(2) In the case of an installation operated concerned, if such production of revenue is com- B of Public Law 107–107; 115 Stat. 1310; 10 primarily with funds authorized to be appro- patible with the use of such property for the U.S.C. 2809 note) is amended by striking ‘‘Sec- priated for research, development, test, and conservation of open space or natural resources, retary of the Army’’ and inserting ‘‘Secretary of evaluation, funds authorized to be appropriated as so determined. Defense or the Secretary of a military depart- for the Department of Defense, or the military ‘‘(e) REVERSION.—If the Secretary concerned ment’’. department concerned, for research, develop- determines at any time that real property con- (b) CONTRACTS.—Subsection (b) of that section ment, test, and evaluation are available for pur- veyed under this section is not being used and is amended to read as follows: poses of an agreement under this section with maintained in accordance with the agreement of ‘‘(b) CONTRACTS.—(1) Not more than 12 con- respect to such installation. the conveyee under subsection (c), all right, tracts may contain requirements referred to in ‘‘(3) Amounts in the Fund that are made title, and interest in and to such real property, subsection (a) for the purpose of the demonstra- available for an agreement of a military depart- including any improvements thereon, shall re- tion program. ment under this section shall be made available vert to the United States, and the United States ‘‘(2) Except as provided in paragraph (3), the by transfer from the Fund to the applicable op- shall have the right of immediate entry thereon. demonstration program may only cover con- eration and maintenance account of the mili- ‘‘(f) PROPERTY UNDER BASE CLOSURE LAWS.— tracts entered into on or after the date of the tary department, including the operation and The Secretary concerned may not make a con- enactment of the National Defense Authoriza- maintenance account for the active component, veyance under this section of any real property tion Act for Fiscal Year 2003. or for a reserve component, of the military de- to be disposed of under a base closure law in a ‘‘(3) The Secretary of the Army shall treat any partment.’’. manner that is inconsistent with the require- contract containing requirements referred to in (b) CLERICAL AMENDMENT.—The table of sec- ments and conditions of such base closure law. subsection (a) that was entered into under the tions at the beginning of such chapter is amend- ‘‘(g) ADDITIONAL TERMS AND CONDITIONS.— authority in that subsection during the period ed by inserting after the item relating to section The Secretary concerned may establish such ad- beginning on December 28, 2001, and ending on 2696 the following new item: ditional terms and conditions in connection the date of the enactment of the National De- ‘‘2697. Agreements with private entities to en- with a conveyance of real property under this fense Authorization Act for Fiscal Year 2003 as hance military training, testing, section as such Secretary considers appropriate a contract for the purpose of the demonstration and operations.’’. to protect the interests of the United States. program under that subsection.’’. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5533

(c) REPORTING REQUIREMENTS.—Subsection Recognized Indian Tribe List Act of 1994 (Public (b) EXEMPTION OF MODIFIED CONVEYANCES (d) of that section is amended by striking ‘‘Sec- Law 103–454; 108 Stat. 4791; 25 U.S.C. 479a). FROM FEDERAL SCREENING REQUIREMENT.—That retary of the Army’’ and inserting ‘‘Secretary of (2) The term ‘‘Native Corporation’’ has the section is further amended— Defense’’. meaning given such term in section 3 of the (1) by redesignating subsections (g) and (h) as (d) FUNDING.—(1) Subsection (f) of that sec- Alaska Native Claims Settlement Act (43 U.S.C. subsections (h) and (i), respectively; and tion is amended by striking ‘‘the Army’’ and in- 1602). (2) by inserting after subsection (f) the fol- serting ‘‘the military departments or defense- SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, lowing new subsection (g): wide’’. KENTUCKY. ‘‘(g) EXEMPTION OF CERTAIN CONVEYANCES FROM FEDERAL SCREENING.—Any conveyance (2) The amendment made by paragraph (1) (a) CONVEYANCE AUTHORIZED.—The Secretary shall not affect the availability for the purpose of the Army may convey, without consideration, authorized by subsection (b)(1) of this section, of the demonstration program under section 2814 to the City of Hopkinsville, Kentucky (in this as amended by section 2823 of the National De- of the Military Construction Authorization Act section referred to as the ‘‘City’’), all right, title, fense Authorization Act for Fiscal Year 2003, is for Fiscal Year 2002, as amended by this section, and interest of the United States in and to a exempt from the requirement to screen the prop- of any amounts authorized to be appropriated parcel of real property at Fort Campbell, Ken- erty concerned for further Federal use pursuant before the date of the enactment of this Act for tucky, consisting of approximately 50 acres and to section 2696 of title 10, United States Code.’’. the Army for military construction that have containing an abandoned railroad spur for the SEC. 2824. LAND CONVEYANCE, WESTOVER AIR been obligated for the demonstration program, purpose of permitting the City to use the prop- RESERVE BASE, MASSACHUSETTS. (a) CONVEYANCE AUTHORIZED.—The Secretary but not expended, as of that date. erty for storm water management, recreation, of the Navy may convey, without consideration, Subtitle C—Land Conveyances transportation, and other public purposes. to the City of Chicopee, Massachusetts (in this (b) REIMBURSEMENT OF TRANSACTION COSTS.— SEC. 2821. CONVEYANCE OF CERTAIN LANDS IN section referred to as the ‘‘City’’), all right, title, ALASKA NO LONGER REQUIRED FOR (1) The City shall reimburse the Secretary for and interest of the United States in and to a NATIONAL GUARD PURPOSES. any costs incurred by the Secretary in carrying parcel of real property, including 133 housing (a) CONVEYANCE AUTHORIZED.—The Secretary out the conveyance authorized by subsection units and other improvements thereon, con- of the Army may convey to the State of Alaska, (a). sisting of approximately 30.38 acres located at or any governmental entity, Native Corporation, (2) Any reimbursement for costs that is re- Westover Air Reserve Base in Chicopee, Massa- or Indian tribe within the State of Alaska, all ceived under paragraph (1) shall be credited to chusetts, for the purpose of permitting the City right, title, and interest of the United States in the fund or account providing funds for such to use the property for economic development and to any parcel of real property, including costs. Amounts so credited shall be merged with and other public purposes. any improvements thereon, described in sub- amounts in such fund or account, and shall be (b) ADMINISTRATIVE EXPENSES.—(1) The Sec- section (b) that the Secretary considers appro- available for the same purposes, and subject to retary may require the City to reimburse the priate in the public interest. the same conditions and limitations, as amounts Secretary for the costs incurred by the Secretary (b) COVERED PROPERTY.—Real property de- in such fund or account. to carry out the conveyance under subsection scribed in this subsection is any property lo- ESCRIPTION OF PROPERTY.—The acreage (c) D (a), including survey costs, costs related to envi- cated in the State of Alaska that, as determined of the real property to be conveyed under sub- ronmental documentation (other than the envi- by the Secretary— section (a) has been determined by the Secretary ronmental baseline survey), and other adminis- (1) is currently under the jurisdiction of the through a legal description outlining such acre- Department of the Army; trative costs related to the conveyance. age. No further survey of the property is re- (2) Section 2695(c) of title 10, United States (2) before December 2, 1980, was under the ju- quired before conveyance under that subsection. risdiction of the Department of the Army for use Code, shall apply to any amount received under (d) ADDITIONAL TERMS AND CONDITIONS.—The this subsection. of the Alaska National Guard; Secretary may require such additional terms (3) is located in a unit of the National Wildlife (c) DESCRIPTION OF PROPERTY.—The exact and conditions in connection with the convey- acreage and legal description of the real prop- Refuge System designated in the Alaska Na- ance under subsection (a) as the Secretary con- tional Interest Lands Conservation Act (94 Stat. erty to be conveyed under subsection (a) shall be siders appropriate to protect the interests of the determined by a survey satisfactory to the Sec- 2371; 16 U.S.C. 1301 note); United States. (4) is excess to the needs of the Alaska Na- retary. tional Guard and the Department of Defense; SEC. 2823. MODIFICATION OF AUTHORITY FOR (d) ADDITIONAL TERMS AND CONDITIONS.—The LAND TRANSFER AND CONVEYANCE, and Secretary may require such additional terms NAVAL SECURITY GROUP ACTIVITY, and conditions in connection with the convey- (5) is in such condition that— WINTER HARBOR, MAINE. (A) the anticipated cost to the United States ance under subsection (a) as the Secretary con- (a) MODIFICATION OF CONVEYANCE AUTHORITY of retaining such property exceeds the value of siders appropriate to protect the interests of the FOR COREA AND WINTER HARBOR PROPERTIES.— United States. such property; or Section 2845 of the Military Construction Au- (B) such property is unsuitable for retention SEC. 2825. LAND CONVEYANCE, NAVAL STATION thorization Act for Fiscal Year 2002 (division B by the United States. NEWPORT, RHODE ISLAND. of Public Law 107–107; 115 Stat. 1319) is (c) CONSIDERATION.—(1) The conveyance of (a) CONVEYANCE AUTHORIZED.—The Secretary amended— real property under this section shall, at the of the Navy may convey to the State of Rhode (1) by striking subsection (b) and inserting the election of the Secretary, be for no consideration Island, or any political subdivision thereof, any following new subsection (b): or for consideration in an amount determined by or all right, title, and interest of the United ‘‘(b) CONVEYANCE AND TRANSFER OF COREA the Secretary to be appropriate under the cir- States in and to a parcel of real property, to- AND WINTER HARBOR PROPERTIES AUTHOR- cumstances. gether with improvements thereon, consisting of (2) If consideration is received under para- IZED.—(1) The Secretary of the Navy may con- approximately 34 acres located in Melville, graph (1) for property conveyed under sub- vey, without consideration, to the State of Rhode Island, and known as the Melville Ma- section (a), the Secretary may use the amounts Maine, any political subdivision of the State of rina site. received, to the extent provided in appropria- Maine, or any tax-supported agency in the (b) CONSIDERATION.—(1) As consideration for tions Acts, to pay for— State of Maine, all right, title, and interest of the conveyance of real property under sub- (A) the cost of a survey described in sub- the United States in and to parcels of real prop- section (a), the conveyee shall pay the United section (d) with respect to such property; erty, including any improvements thereon and States an amount equal to the fair market value (B) the cost of carrying out any environ- appurtenances thereto, comprising the former of the real property, as determined by the Sec- mental assessment, study, or analysis, and any facilities of the Naval Security Group Activity, retary based on an appraisal of the real prop- remediation, that may be required under Fed- Winter Harbor, Maine, as follows: erty acceptable to the Secretary. eral law, or is considered appropriate by the ‘‘(A) The parcel consisting of approximately (2) Any consideration received under para- Secretary, in connection with such property or 50 acres known as the Corea Operations Site. graph (1) shall be deposited in the account es- the conveyance of such property; and ‘‘(B) Three parcels consisting of approxi- tablished under section 204(h) of the Federal (C) any other costs incurred by the Secretary mately 23 acres and comprising family housing Property and Administrative Services Act of 1949 in conveying such property. facilities. (40 U.S.C. 485(h)), and shall be available as pro- (d) DESCRIPTION OF PROPERTY.—The exact ‘‘(2) The Secretary of the Navy may transfer vided for in that section. acreage and legal description of any real prop- to the administrative jurisdiction of the Sec- (c) REIMBURSEMENT OF TRANSACTION COSTS.— erty to be conveyed under subsection (a) shall be retary of the Interior a parcel of real property (1) The Secretary may require the conveyee of determined by a survey satisfactory to the Sec- consisting of approximately 404 acres at the the real property under subsection (a) to reim- retary. former Naval Security Group Activity, which is burse the Secretary for any costs incurred by (e) ADDITIONAL TERMS AND CONDITIONS.—The the balance of the real property comprising the the Secretary in carrying out the conveyance. Secretary may require such additional terms Corea Operations Site. (2) Any reimbursement for costs that is re- and conditions in connection with a conveyance ‘‘(3) The Secretary of the Interior shall admin- ceived under paragraph (1) shall be credited to of real property under this section as the Sec- ister the property transferred under paragraph the fund or account providing funds for such retary considers appropriate to protect the inter- (2) as part of the National Wildlife Refuge Sys- costs. Amounts so credited shall be merged with ests of the United States. tem.’’; and amounts in such fund or account, and shall be (f) DEFINITIONS.—In this section: (2) in subsections (c), (d), (e), (f), (g), and (h), available for the same purposes, and subject to (1) The term ‘‘Indian tribe’’ has the meaning by striking ‘‘subsection (b)’’ each place it ap- the same conditions and limitations, as amounts given such term in section 102 of the Federally pears and inserting ‘‘subsection (b)(1)’’. in such fund or account. H5534 CONGRESSIONAL RECORD — HOUSE July 25, 2002

(d) DESCRIPTION OF PROPERTY.—The exact Interior may convey, without consideration, to including any improvements thereon, shall re- acreage and legal description of the real prop- the City of West Wendover, Nevada, all right, vert to the United States, and the United States erty to be conveyed under subsection (a) shall be title, and interest of the United States in and to shall have the right of immediate entry thereon. determined by a survey satisfactory to the Sec- the following: (2) Any determination of the Secretary under retary. (A) The lands at Wendover Air Force Base this subsection shall be made on the record after (e) ADDITIONAL TERMS AND CONDITIONS.—The Auxiliary Field, Nevada, identified in Easement an opportunity for a hearing. Secretary may require such additional terms No. AFMC–HL–2–00–334 that are determined by (c) DESCRIPTION OF PROPERTY.—The exact and conditions in connection with the convey- the Secretary of the Air Force to be no longer re- acreage and legal description of the real prop- ance under subsection (a) as the Secretary con- quired. erty to be conveyed under subsection (a) shall be siders appropriate to protect the interests of the (B) The lands at Wendover Air Force Base determined by a survey satisfactory to the Sec- United States. Auxiliary Field identified for disposition on the retary. The cost of the survey shall be borne by SEC. 2826. LAND EXCHANGE, BUCKLEY AIR FORCE map entitled ‘‘West Wendover, Nevada–Excess’’, the Board. BASE, COLORADO. dated January 5, 2001, that are determined by (d) ADDITIONAL TERMS AND CONDITIONS.—The (a) EXCHANGE AUTHORIZED.—Subject to sub- the Secretary of the Air Force to be no longer re- Secretary may require such additional terms section (b), the Secretary of the Air Force may quired. and conditions in connection with the convey- convey to the State of Colorado (in this section (2) The purposes of the conveyances under ance under subsection (a) as the Secretary con- referred to as the ‘‘State’’) all right, title, and this subsection are— siders appropriate to protect the interests of the interest of the United States in and to a parcel (A) to permit the establishment and mainte- United States. of real property, including improvements there- nance of runway protection zones; and SEC. 2830. LAND CONVEYANCES, ENGINEER PROV- on, consisting of all or part of the Watkins Com- (B) to provide for the development of an in- ING GROUND, FORT BELVOIR, VIR- munications Site in Arapahoe County, Colo- dustrial park and related infrastructure. GINIA. rado. (3) The map referred to in paragraph (1)(B) (a) CONVEYANCE TO FAIRFAX COUNTY, VIR- (b) LIMITATION.—The Secretary of the Air shall be on file and available for public inspec- GINIA, AUTHORIZED.—(1) The Secretary of the Force may carry out the conveyance authorized tion in the offices of the Director of the Bureau Army may convey, without consideration, to by subsection (a) only with the concurrence of of Land Management and the Elko District Of- Fairfax County, Virginia, all right, title, and in- the Secretary of Defense. fice of the Bureau of Land Management. terest of the United States in and to a parcel of (c) CONSIDERATION.—(1) As consideration for (b) CONVEYANCE AUTHORIZED TO TOOELE real property, including any improvements the conveyance authorized by subsection (a) the COUNTY, UTAH.—(1) The Secretary of the Inte- thereon, consisting of approximately 135 acres, State shall convey to the United States of all rior may convey, without consideration, to located in the northwest portion of the Engineer right, title, and interest of the State in and to a Tooele County, Utah, all right, title, and inter- Proving Ground (EPG) at Fort Belvoir, Vir- parcel of real property, including improvements est of the United States in and to the lands at ginia, in order to permit the County to use such thereon, consisting of approximately 41 acres Wendover Air Force Base Auxiliary Field identi- property for park and recreational purposes. that is owned by the State and is contiguous to fied in Easement No. AFMC–HL–2–00–318 that (2) The parcel of real property authorized to Buckley Air Force Base, Colorado. are determined by the Secretary of the Air Force be conveyed by paragraph (1) is generally de- (2) The Secretary shall have jurisdiction over to be no longer required. scribed as that portion of the Engineer Proving the real property conveyed under paragraph (1). (2) The purpose of the conveyance under this Ground located west of Accotink Creek, east of (3) Upon conveyance to the United States subsection is to permit the establishment and the Fairfax County Parkway, and north of under paragraph (1), the real property conveyed maintenance of runway protection zones and an Cissna Road to the northern boundary, but ex- under that paragraph is withdrawn from all aircraft accident potential protection zone as cludes a parcel of land consisting of approxi- forms of appropriation under the general land necessitated by continued military aircraft oper- mately 15 acres located in the southeast corner laws, including the mining laws and mineral ations at the Utah Test and Training Range. of such portion of the Engineer Proving Ground. (3) The land excluded under paragraph (2) and geothermal leasing laws. (c) MANAGEMENT OF CONVEYED LANDS.—The (d) DESCRIPTION OF PROPERTY.—The exact lands conveyed under subsections (a) and (b) from the parcel of real property authorized to be acreage and legal description of the parcels of shall be managed by the City of West Wendover, conveyed by paragraph (1) shall be reserved for real property to be conveyed under this section Nevada, City of Wendover, Utah, Tooele Coun- an access road to be constructed in the future. (b) CONVEYANCE OF BALANCE OF PROPERTY shall be determined by surveys satisfactory to ty, Utah, and Elko County, Nevada— the Secretary. (1) in accordance with the provisions of an AUTHORIZED.—The Secretary may convey to any (e) ADDITIONAL TERMS AND CONDITIONS.—The Interlocal Memorandum of Agreement entered competitively selected grantee all right, title, Secretary may require such additional terms into between the Cities of West Wendover, Ne- and interest of the United States in and to the and conditions in connection with the convey- vada, and Wendover, Utah, Tooele County, real property, including any improvements ances under authorized by this section as the Utah, and Elko County, Nevada, providing for thereon, at the Engineering Proving Ground, Secretary considers appropriate to protect the the coordinated management and development not conveyed under the authority in subsection interests of the United States. of the lands for the economic benefit of both (a). (c) CONSIDERATION.—(1) As consideration for SEC. 2827. LAND ACQUISITION, BOUNDARY CHAN- communities; and the conveyance authorized by subsection (b), NEL DRIVE SITE, ARLINGTON, VIR- (2) in a manner that is consistent with such GINIA. the grantee shall provide the United States, provisions of the easements referred to sub- (a) ACQUISITION AUTHORIZED.—The Secretary whether by cash payment, in-kind contribution, sections (a) and (b) that, as jointly determined of Defense may, using amounts authorized to be or a combination thereof, an amount that is not by the Secretary of the Air Force and Secretary appropriated to be appropriated by section 2401, less than the fair market value, as determined of the Interior, remain applicable and relevant acquire all right, title, and interest in and to a by the Secretary, of the property conveyed to the operation and management of the lands parcel of real property, including any improve- under that subsection. ments thereon, in Arlington County, Virginia, following conveyance and are consistent with (2) In-kind consideration under paragraph (1) consisting of approximately 7.2 acres and known the provisions of this section. may include the maintenance, improvement, al- (d) ADDITIONAL TERMS AND CONDITIONS.—The as the Boundary Channel Drive Site. The parcel teration, repair, remodeling, restoration (includ- Secretary of the Air Force and the Secretary of is located southeast of Interstate Route 395 at ing environmental restoration), or construction the Interior may jointly require such additional the end of Boundary Channel Drive and was of facilities for the Department of the Army at terms and conditions in connection with the most recently occupied by the Twin Bridges Fort Belvoir or at any other site or sites des- conveyances required by subsections (a) and (b) Marriott. ignated by the Secretary. (b) INCLUSION IN PENTAGON RESERVATION.— as the Secretaries consider appropriate to pro- (3) If in-kind consideration under paragraph Upon its acquisition under subsection (a), the tect the interests of the United States. (1) includes the construction of facilities, the parcel acquired under that subsection shall be SEC. 2829. LAND CONVEYANCE, FORT HOOD, grantee shall also convey to the United States— included in the Pentagon Reservation, as that TEXAS. (A) title to such facilities, free of all liens and term is defined in section 2674(f)(1) of title 10, (a) CONVEYANCE AUTHORIZED.—The Secretary other encumbrances; and United States Code. of the Army may convey, without consideration, (B) if the United States does not have fee sim- (c) DESCRIPTION OF PROPERTY.—The exact to the Veterans Land Board of the State of ple title to the land underlying such facilities, acreage and legal description of the real prop- Texas (in this section referred to as the convey to the United States all right, title, and erty to be acquired under subsection (a) shall be ‘‘Board’’), all right, title, and interest of the interest in and to such lands not held by the determined by a survey satisfactory to the Sec- United States in and to a parcel of real prop- United States. retary. erty, including any improvements thereon, con- (4) The Secretary shall deposit any cash re- (d) TERMS AND CONDITIONS.—The Secretary sisting of approximately 174 acres at Fort Hood, ceived as consideration under this subsection in may require such terms and conditions in con- Texas, for the purpose of permitting the Board the special account established pursuant to sec- nection with the acquisition under this section to establish a State-run cemetery for veterans. tion 204(h) of the Federal Property and Admin- as the Secretary considers appropriate to protect (b) REVERSIONARY INTEREST.—(1) If at the end istrative Services Act of 1949 (40 U.S.C. 485(h)). the interests of the United States. of the five-year period beginning on the date of (d) REPEAL OF SUPERSEDED AUTHORITY.—Sec- SEC. 2828. LAND CONVEYANCES, WENDOVER AIR the conveyance authorized by subsection (a), tion 2821 of the Military Construction Author- FORCE BASE AUXILIARY FIELD, NE- the Secretary determines that the property con- ization Act for Fiscal Years 1990 and 1991 (divi- VADA. veyed under that subsection is not being used sion B of Public Law 101–189; 103 Stat. 1658), as (a) CONVEYANCES AUTHORIZED TO WEST for the purpose specified in that subsection, all amended by section 2854 of the Military Con- WENDOVER, NEVADA.—(1) The Secretary of the right, title, and interest in and to the property, struction Authorization Act for Fiscal Year 1996 July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5535 (division B of Public Law 104–106; 110 Stat. 568), SEC. 2833. LAND CONVEYANCE, BLUEGRASS ARMY year 2003 for the activities of the National Nu- is repealed. DEPOT, RICHMOND, KENTUCKY. clear Security Administration in carrying out (e) DESCRIPTION OF PROPERTY.—The exact (a) CONVEYANCE AUTHORIZED.—(1) The Sec- programs necessary for national security in the acreage and legal description of the real prop- retary of the Army may convey, without consid- amount of $8,160,043,000, to be allocated as fol- erty to be conveyed under subsections (a) and eration, to Madison County, Kentucky (in this lows: (b) shall be determined by surveys satisfactory section referred to as the ‘‘County’’), all right, (1) WEAPONS ACTIVITIES.—For weapons activi- to the Secretary. The cost of each such survey title, and interest of the United States in and to ties, $5,988,188,000, to be allocated as follows: shall be borne by the grantee. a parcel of real property, including any im- (A) For directed stockpile work, $1,218,967,000. provements thereon, consisting of approximately (B) For campaigns, $2,090,528,000, to be allo- (f) ADDITIONAL TERMS AND CONDITIONS.—The 10 acres at the Bluegrass Army Depot, Rich- cated as follows: Secretary may require such additional terms mond, Kentucky, for the purpose of facilitating (i) For operation and maintenance, and conditions in connection with the convey- the construction of a veterans’ center on the $1,740,983,000. ances under subsections (a) and (b) as the Sec- parcel by the State of Kentucky. (ii) For construction, $349,545,000, to be allo- retary considers appropriate to protect the inter- (2) The Secretary may not make the convey- cated as follows: ests of the United States. ance authorized by this subsection unless the Project 01–D–101, distributed information sys- SEC. 2831. MASTER PLAN FOR USE OF NAVY Secretary determines that the State of Kentucky tems laboratory, Sandia National Laboratories, ANNEX, ARLINGTON, VIRGINIA. has appropriated adequate funds for the con- Livermore, California, $13,305,000. (a) REPEAL OF COMMISSION ON NATIONAL struction of the veterans’ center. Project 00–D–103, terascale simulation facility, MILITARY MUSEUM.—Title XXIX of the Military (b) REVERSIONARY INTEREST.—If the Secretary Lawrence Livermore National Laboratory, Construction Authorization Act for Fiscal Year determines that the real property conveyed Livermore, California, $35,030,000. 2000 (division B of Public Law 106–65; 113 Stat. under subsection (a) ceases to be utilized for the Project 00–D–107, joint computational engi- 880; 10 U.S.C. 111 note) is repealed. sole purpose of a veterans’ center or that rea- neering laboratory, Sandia National Labora- (b) MODIFICATION OF AUTHORITY FOR TRANS- sonable progress is not demonstrated in con- tories, Albuquerque, New Mexico, $7,000,000. FER FROM NAVY ANNEX.—Section 2881 of the structing the center and initiating services to Project 98–D–125, tritium extraction facility, Military Construction Authorization Act for veterans, all right, title, and interest in and to Savannah River Plant, Aiken, South Carolina, Fiscal Year 2000 (113 Stat. 879) is amended— the property shall revert to the United States, $70,165,000. Project 96–D–111, national ignition facility (1) in subsection (b)(2), as amended by section and the United States shall have the right of im- (NIF), Lawrence Livermore National Labora- 2863(f) of the Military Construction Authoriza- mediate entry onto the property. Any deter- tory, Livermore, California, $224,045,000. tion Act for Fiscal Year 2002 (division B of Pub- mination under this subsection shall be made on (C) For readiness in technical base and facili- lic Law 107–107; 115 Stat. 1332), by striking ‘‘as the record after an opportunity for a hearing. (c) ADMINISTRATIVE EXPENSES.—The Secretary ties, $1,735,129,000, to be allocated as follows: a site—’’ and all that follows and inserting ‘‘as (i) For operation and maintenance, a site for such other memorials or museums that shall apply section 2695 of title 10, United States Code, to the conveyance authorized by sub- $1,464,783,000. the Secretary considers compatible with Arling- (ii) For plant projects (including maintenance, ton National Cemetery and the Air Force Memo- section (a). (d) DESCRIPTION OF PROPERTY.—The exact restoration, planning, construction, acquisition, rial.’’; and modification of facilities, and the continuation (2) in subsection (d)— acreage and legal description of the real prop- erty to be conveyed under subsection (a) shall be of projects authorized in prior years, and land (A) in paragraph (2), by striking ‘‘the rec- determined by a survey satisfactory to the Sec- acquisition related thereto), $270,346,000, to be ommendation (if any) of the Commission on the retary. The cost of the survey shall be borne by allocated as follows: National Military Museum to use a portion of Project 03–D–101, Sandia underground reactor the County. the Navy Annex property as the site for the Na- (e) ADDITIONAL TERMS AND CONDITIONS.—The facility (SURF), Sandia National Laboratory, tional Military Museum’’, and inserting ‘‘the Secretary may require such additional terms Livermore, California, $2,000,000. Project 03–D–103, project engineering and de- use of the acres reserved under (b)(2) as a memo- and conditions in connection with the convey- sign (PED), various locations, $17,839,000. rial or museum’’; and ance under subsection (a) as the Secretary con- Project 03–D–121, gas transfer capacity expan- (B) in paragraph (4), by striking ‘‘the date on siders appropriate to protect the interests of the sion, Kansas City Plant, Kansas City, Missouri, which the Commission on the National Military United States. Museum submits to Congress its report under $4,000,000. Subtitle D—Other Matters section 2903’’ and inserting ‘‘the date of the en- Project 03–D–122, purification prototype facil- actment of the National Defense Authorization SEC. 2841. TRANSFER OF FUNDS FOR ACQUISI- ity, Y–12 Plant, Oak Ridge, Tennessee, Act for Fiscal Year 2003’’. TION OF REPLACEMENT PROPERTY $20,800,000. FOR NATIONAL WILDLIFE REFUGE Project 03–D–123, special nuclear material (c) CONSTRUCTION OF AMENDMENTS.—The SYSTEM LANDS IN NEVADA. component requalification facility, Pantex amendments made by subsections (a) and (b) (a) TRANSFER OF FUNDS AUTHORIZED.—(1) may not be construed to delay the establishment Plant, Amarillo, Texas, $3,000,000 The Secretary of the Air Force may, using Project 02–D–103, project engineering and de- of the United States Air Force Memorial author- amounts authorized to be appropriated by sec- sign (PED), various locations, $24,945,000. ized by section 2863 of the Military Construction tion 2304(a), transfer to the United States Fish Project 02–D–105, engineering technology com- Authorization Act for Fiscal Year 2002 (115 Stat. and Wildlife Service $15,000,000 to fulfill the ob- plex upgrade, Lawrence Livermore National 1330). ligations of the Air Force under section Laboratory, Livermore, California, $10,000,000. SEC. 2832. LAND CONVEYANCE, SUNFLOWER 3011(b)(5)(F) of the Military Lands Withdrawal Project 02–D–107, electrical power systems ARMY AMMUNITION PLANT, KANSAS. Act of 1999 (title XXX of Public Law 106–65; 113 safety communications and bus upgrades, Ne- (a) CONVEYANCE AUTHORIZED.—The Secretary Stat. 889). vada Test Site, Nevada, $7,500,000. of the Army or the Administrator of General (2) Upon receipt by the Service of the funds Project 01–D–103, project engineering and de- Services may convey, without consideration, to transferred under paragraph (1), the obligations sign (PED), various locations, $6,164,000. the Johnson County Park and Recreation Dis- of the Air Force referred to in that paragraph Project 01–D–107, Atlas relocation, Nevada trict, Kansas (in this section referred to as the shall be considered fulfilled. Test Site, Nevada, $4,123,000. ‘‘District’’), all right, title, and interest of the (b) CONTRIBUTION TO FOUNDATION.—(1) The Project 01–D–108, microsystems and engineer- United States in and to a parcel of real prop- United States Fish and Wildlife Service may ing sciences applications (MESA), Sandia Na- erty, including any improvements thereon, in grant funds received by the Service under sub- tional Laboratories, Albuquerque, New Mexico, the State of Kansas consisting of approximately section (a) in a lump sum to the National Fish $75,000,000. 2,000 acres, a portion of the Sunflower Army and Wildlife Foundation for use in accom- Project 01–D–124, HEU storage facility, Y–12 Ammunition Plant. The purpose of the convey- plishing the purposes of section 3011(b)(5)(F) of Plant, Oak Ridge, Tennessee, $25,000,000. ance is to permit the District to use the parcel the Military Lands Withdrawal Act of 1999. Project 01–D–126, weapons evaluation test lab- for public recreational purposes. (2) Funds received by the Foundation under oratory, Pantex Plant, Amarillo, Texas, $8,650,000. (b) DESCRIPTION OF PROPERTY.—The exact paragraph (1) shall be subject to the provisions Project 01–D–800, sensitive compartmented in- acreage, location, and legal description of the of the National Fish and Wildlife Foundation formation facility, Lawrence Livermore National real property to be conveyed under subsection Establishment Act (16 U.S.C. 3701 et seq.), other Laboratory, Livermore, California, $9,611,000. (a) shall be determined by a survey satisfactory than section 10(a) of that Act (16 U.S.C. 3709(a)). Project 99–D–103, isotope sciences facilities, to the official making the conveyance. The cost Lawrence Livermore National Laboratory, of such legal description, survey, or both shall DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS Livermore, California, $4,011,000. be borne by the District. Project 99–D–104, protection of real property AND OTHER AUTHORIZATIONS (c) ADDITIONAL TERMS AND CONDITIONS.—The (roof reconstruction, phase II), Lawrence Liver- official making the conveyance of real property TITLE XXXI—DEPARTMENT OF ENERGY more National Laboratory, Livermore, Cali- under subsection (a) may require such addi- NATIONAL SECURITY PROGRAMS fornia, $5,915,000. tional terms and conditions in connection with Subtitle A—National Security Programs Project 99–D–127, stockpile management re- the conveyance as that official considers appro- Authorizations structuring initiative, Kansas City Plant, Kan- priate to protect the interests of the United SEC. 3101. NATIONAL NUCLEAR SECURITY ADMIN- sas City, Missouri, $29,900,000. States. ISTRATION. Project 99–D–128, stockpile management re- (d) EFFECTIVE DATE.—This section shall take Funds are hereby authorized to be appro- structuring initiative, Pantex Plant, Amarillo, effect on January 31, 2003. priated to the Department of Energy for fiscal Texas, $407,000. H5536 CONGRESSIONAL RECORD — HOUSE July 25, 2002

Project 98–D–123, stockpile management re- (1) CLOSURE PROJECTS.—For closure projects (8) ENVIRONMENTAL MANAGEMENT CLEANUP structuring initiative, tritium facility mod- carried out in accordance with section 3143 of REFORM.—For accelerated environmental res- ernization and consolidation, Savannah River the National Defense Authorization Act for Fis- toration and waste management activities, Plant, Aiken, South Carolina, $10,481,000. cal Year 1997 (Public Law 104–201; 110 Stat. $1,000,000,000. Project 96–D–102, stockpile stewardship facili- 2836; 42 U.S.C. 7277n), $1,109,314,000. (9) PROGRAM DIRECTION.—For program direc- ties revitalization, Phase VI, various locations, (2) SITE/PROJECT COMPLETION.—For site com- tion in carrying out environmental restoration $1,000,000. pletion and project completion in carrying out and waste management activities necessary for (C) For secure transportation asset, environmental management activities necessary national security programs, $396,098,000. $157,083,000, to be allocated as follows: for national security programs, $793,950,000, to SEC. 3103. OTHER DEFENSE ACTIVITIES. (i) For operation and maintenance, be allocated as follows: Funds are hereby authorized to be appro- $102,578,000. (A) For operation and maintenance, priated to the Department of Energy for fiscal (ii) For program direction, $54,505,000. $779,706,000. year 2003 for other defense activities in carrying (D) For safeguards and security, $574,954,000, (B) For plant projects (including mainte- out programs necessary for national security in to be allocated as follows: nance, restoration, planning, construction, ac- the amount of $489,883,000, to be allocated as (i) For operation and maintenance, quisition, modification of facilities, and the con- $566,054,000. follows: tinuation of projects authorized in prior years, (1) INTELLIGENCE.—For intelligence, (ii) For plant projects (including maintenance, and land acquisition related thereto), restoration, planning, construction, acquisition, $43,559,000. $14,244,000, to be allocated as follows: (2) COUNTERINTELLIGENCE.—For counterintel- modification of facilities, and the continuation Project 02–D–402, Intec cathodic protection ligence, $48,083,000. of projects authorized in prior years, and land system expansion, Idaho National Engineering (3) OFFICE OF SECURITY.—For the Office of Se- acquisition related thereto), $8,900,000, to be al- and Environmental Laboratory, Idaho Falls, curity for security, $252,218,000, to be allocated located as follows: Idaho, $1,119,000. Project 99–D–132, stockpile management re- as follows: Project 02–D–420, plutonium stabilization and (A) For nuclear safeguards and security, structuring initiative, nuclear material safe- packaging, Savannah River Site, Aiken, South $156,102,000. guards and security upgrades project, Los Ala- Carolina, $2,000,000. (B) For security investigations, $45,870,000. mos National Laboratory, Los Alamos, New Project 01–D–414, project engineering and de- (C) For program direction, $50,246,000. Mexico, $8,900,000. sign (PED), various locations, $5,125,000. (4) INDEPENDENT OVERSIGHT AND PERFORM- (E) For facilities and infrastructure, Project 86–D–103, decontamination and waste ANCE ASSURANCE.—For independent oversight $242,512,000. treatment facility, Lawrence Livermore National and performance assurance, $22,615,000. (2) DEFENSE NUCLEAR NONPROLIFERATION.— Laboratory, Livermore, California, $6,000,000. (5) OFFICE OF ENVIRONMENT, SAFETY, AND For defense nuclear nonproliferation activities, (3) POST-2006 COMPLETION.—For post-2006 com- HEALTH.—For the Office of Environment, Safe- $1,129,130,000, to be allocated as follows: pletion in carrying out environmental restora- ty, and Health, $104,910,000, to be allocated as (A) For operation and maintenance, tion and waste management activities necessary follows: $1,037,130,000, to be allocated as follows: for national security programs, $2,617,199,000, to (A) For environment, safety, and health (de- (i) For nonproliferation and verification re- be allocated as follows: search and development, $298,907,000. (A) For operation and maintenance, fense), $86,892,000. (B) For program direction, $18,018,000. (ii) For nonproliferation programs, $1,704,341,000. $446,223,000. (B) For plant projects (including mainte- (6) WORKER AND COMMUNITY TRANSITION AS- (iii) For fissile materials, $292,000,000. nance, restoration, planning, construction, ac- SISTANCE.—For worker and community transi- (B) For plant projects (including mainte- quisition, modification of facilities, and the con- tion assistance, $25,774,000, to be allocated as nance, restoration, planning, construction, ac- tinuation of projects authorized in prior years, follows: (A) For worker and community transition, quisition, modification of facilities, and the con- and land acquisition related thereto), $22,965,000. tinuation of projects authorized in prior years, $14,870,000, to be allocated as follows: and land acquisition related thereto), Project 93–D–187, high-level waste removal (B) For program direction, $2,809,000. (7) OFFICE OF HEARINGS AND APPEALS.—For $156,000,000, to be allocated as follows: from filled waste tanks, Savannah River Site, the Office of Hearings and Appeals, $3,136,000. Project 01–D–407, highly enriched uranium Aiken, South Carolina, $14,870,000. blend-down, Savannah River Site, Aiken, South (C) For the Office of River Protection in car- SEC. 3104. DEFENSE ENVIRONMENTAL MANAGE- Carolina, $30,000,000. rying out environmental restoration and waste MENT PRIVATIZATION. Project 99–D–141, pit disassembly and conver- management activities necessary for national se- Funds are hereby authorized to be appro- sion facility, Savannah River Site, Aiken, South curity programs, $897,988,000, to be allocated as priated to the Department of Energy for fiscal Carolina, $33,000,000. follows: year 2003 for privatization initiatives in car- Project 99–D–143, mixed oxide fuel fabrication (i) For operation and maintenance, rying out environmental restoration and waste facility, Savannah River Site, Aiken, South $226,256,000. management activities necessary for national se- Carolina, $93,000,000. (ii) For plant projects (including maintenance, curity programs in the amount of $158,399,000, (3) NAVAL REACTORS.—For naval reactors, restoration, planning, construction, acquisition, to be allocated as follows: $707,020,000, to be allocated as follows: modification of facilities, and the continuation Project 98–PVT–2, spent nuclear fuel dry stor- (A) For naval reactors development, of projects authorized in prior years, and land age, Idaho Falls, Idaho, $53,399,000. $682,590,000, to be allocated as follows: acquisition related thereto), $671,732,000, to be Project 97–PVT–2, advanced mixed waste (i) For operation and maintenance, allocated as follows: treatment project, Idaho Falls, Idaho, $671,290,000. Project 03–D–403, immobilized high-level waste $105,000,000. (ii) For plant projects (including maintenance, interim storage facility, Richland, Washington, SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL. restoration, planning, construction, acquisition, $6,363,000. Funds are hereby authorized to be appro- modification of facilities, and the continuation Project 01–D–416, waste treatment and immo- priated to the Department of Energy for fiscal of projects authorized in prior years, and land bilization plant, Richland, Washington, year 2003 for payment to the Nuclear Waste acquisition related thereto), $11,300,000, to be al- $619,000,000. Fund established in section 302(c) of the Nuclear located as follows: Project 97–D–402, tank farm restoration and Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in Project 03–D–201, cleanroom technology facil- safe operations, Richland, Washington, the amount of $215,000,000. ity, Bettis Atomic Power Laboratory, West Miff- $25,424,000. Subtitle B—Recurring General Provisions lin, Pennsylvania, $7,200,000. Project 94–D–407, initial tank retrieval sys- Project 01–D–200, major office replacement tems, Richland, Washington, $20,945,000. SEC. 3121. REPROGRAMMING. building, Schenectady, New York, $2,100,000. (4) SCIENCE AND TECHNOLOGY DEVELOPMENT.— (a) IN GENERAL.—Until the Secretary of En- Project 90–N–102, expended core facility dry For science and technology development in car- ergy submits to the congressional defense com- cell project, Naval Reactors Facility, Idaho, rying out environmental management activities mittees the report referred to in subsection (b) $2,000,000. necessary for national security programs, and a period of 30 days has elapsed after the (B) For program direction, $24,430,000. $92,000,000. date on which such committees receive the re- (4) OFFICE OF ADMINISTRATOR FOR NUCLEAR (5) EXCESS FACILITIES.—For excess facilities in port, the Secretary may not use amounts appro- SECURITY.—For the Office of the Administrator carrying out environmental management activi- priated pursuant to this title for any program— for Nuclear Security, and for program direction ties necessary for national security programs, (1) in amounts that exceed, in a fiscal year— for the National Nuclear Security Administra- $1,300,000. (A) 115 percent of the amount authorized for tion (other than for naval reactors and secure (6) SAFEGUARDS AND SECURITY.—For safe- that program by this title; or transportation asset), $335,705,000. guards and security in carrying out environ- (B) $5,000,000 more than the amount author- SEC. 3102. DEFENSE ENVIRONMENTAL MANAGE- mental management activities necessary for na- ized for that program by this title; or MENT. tional security programs, $278,260,000. (2) which has not been presented to, or re- Funds are hereby authorized to be appro- (7) URANIUM ENRICHMENT DECONTAMINATION quested of, Congress. priated to the Department of Energy for fiscal AND DECOMMISSIONING FUND.—For contribution (b) REPORT.—(1) The report referred to in sub- year 2003 for environmental management activi- to the Uranium Enrichment Decontamination section (a) is a report containing a full and com- ties in carrying out programs necessary for na- and Decommissioning Fund under chapter 28 of plete statement of the action proposed to be tional security in the amount of $6,710,774,000, the Atomic Energy Act of 1954 (42 U.S.C. 2297g taken and the facts and circumstances relied to be allocated as follows: et seq.), $441,000,000. upon in support of the proposed action. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5537 (2) In the computation of the 30-day period the same purposes and for the same period as SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL under subsection (a), there shall be excluded the authorization to which the amounts are SECURITY PROGRAMS OF THE DE- any day on which either House of Congress is transferred. PARTMENT OF ENERGY. not in session because of an adjournment of (2) Not more than 5 percent of any such au- Subject to the provisions of appropriation Acts more than 3 days to a day certain. thorization may be transferred between author- and section 3121, amounts appropriated pursu- (c) LIMITATIONS.—(1) In no event may the izations under paragraph (1). No such author- ant to this title for management and support ac- total amount of funds obligated pursuant to this ization may be increased or decreased by more tivities and for general plant projects are avail- title exceed the total amount authorized to be than 5 percent by a transfer under such para- able for use, when necessary, in connection with appropriated by this title. graph. all national security programs of the Depart- ment of Energy. (2) Funds appropriated pursuant to this title (c) LIMITATIONS.—The authority provided by may not be used for an item for which Congress this subsection to transfer authorizations— SEC. 3128. AVAILABILITY OF FUNDS. has specifically denied funds. (1) may be used only to provide funds for (a) IN GENERAL.—Except as provided in sub- SEC. 3122. LIMITS ON MINOR CONSTRUCTION items relating to activities necessary for na- section (b), when so specified in an appropria- PROJECTS. tional security programs that have a higher pri- tions Act, amounts appropriated for operation (a) AUTHORITY.—The Secretary of Energy ority than the items from which the funds are and maintenance or for plant projects may re- may carry out any minor construction project transferred; and main available until expended. (b) EXCEPTION FOR PROGRAM DIRECTION using operation and maintenance funds, or fa- (2) may not be used to provide funds for an FUNDS.—Amounts appropriated for program di- cilities and infrastructure funds, authorized by item for which Congress has specifically denied rection pursuant to an authorization of appro- this title. funds. NNUAL EPORT priations in subtitle A shall remain available to (b) A R .—The Secretary shall (d) NOTICE TO CONGRESS.—The Secretary of submit to the congressional defense committees be expended only until the end of fiscal year Energy shall promptly notify the Committees on 2004. on an annual basis a report on each exercise of Armed Services of the Senate and House of Rep- the authority in subsection (a) during the pre- resentatives of any transfer of funds to or from SEC. 3129. TRANSFER OF DEFENSE ENVIRON- MENTAL MANAGEMENT FUNDS. ceding year. Each report shall provide a brief authorizations under this title. description of each minor construction project (a) TRANSFER AUTHORITY FOR DEFENSE ENVI- covered by the report. SEC. 3125. AUTHORITY FOR CONCEPTUAL AND RONMENTAL MANAGEMENT FUNDS.—The Sec- CONSTRUCTION DESIGN. (c) COST VARIATION REPORTS TO CONGRES- retary of Energy shall provide the manager of SIONAL COMMITTEES.—If, at any time during the (a) REQUIREMENT OF CONCEPTUAL DESIGN.— each field office of the Department of Energy construction of any minor construction project (1) Subject to paragraph (2) and except as pro- with the authority to transfer defense environ- authorized by this title, the estimated cost of the vided in paragraph (3), before submitting to mental management funds from a program or project is revised and the revised cost of the Congress a request for funds for a construction project under the jurisdiction of that office to project exceeds $5,000,000, the Secretary shall project that is in support of a national security another such program or project. immediately submit to the congressional defense program of the Department of Energy, the Sec- (b) LIMITATIONS.—(1) Not more than three committees a report explaining the reasons for retary of Energy shall complete a conceptual de- transfers may be made to or from any program the cost variation. sign for that project. or project under subsection (a) in a fiscal year. (d) MINOR CONSTRUCTION PROJECT DEFINED.— (2) If the estimated cost of completing a con- (2) The amount transferred to or from a pro- In this section, the term ‘‘minor construction ceptual design for a construction project exceeds gram or project in any one transfer under sub- project’’ means any plant project not specifi- $3,000,000, the Secretary shall submit to Con- section (a) may not exceed $5,000,000. cally authorized by law if the approved total es- gress a request for funds for the conceptual de- (3) A transfer may not be carried out by a timated cost of the plant project does not exceed sign before submitting a request for funds for manager of a field office under subsection (a) $5,000,000. the construction project. unless the manager determines that the transfer is necessary— SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. (3) The requirement in paragraph (1) does not apply to a request for funds— (A) to address a risk to health, safety, or the (a) IN GENERAL.—(1) Except as provided in environment; or paragraph (2), construction on a construction (A) for a minor construction project the total (B) to assure the most efficient use of defense project may not be started or additional obliga- estimated cost of which is less than $5,000,000; or environmental management funds at the field tions incurred in connection with the project (B) for emergency planning, design, and con- struction activities under section 3126. office. above the total estimated cost, whenever the (4) Funds transferred pursuant to subsection (b) AUTHORITY FOR CONSTRUCTION DESIGN.— current estimated cost of the construction (a) may not be used for an item for which Con- project, authorized by section 3101, 3102, or 3103, (1) Within the amounts authorized by this title, the Secretary of Energy may carry out construc- gress has specifically denied funds or for a new or which is in support of national security pro- program or project that has not been authorized grams of the Department of Energy and was au- tion design (including architectural and engi- neering services) in connection with any pro- by Congress. thorized by any previous Act, exceeds by more (c) EXEMPTION FROM REPROGRAMMING RE- than 25 percent the higher of— posed construction project if the total estimated cost for such design does not exceed $600,000. QUIREMENTS.—The requirements of section 3121 (A) the amount authorized for the project; or shall not apply to transfers of funds pursuant to (2) If the total estimated cost for construction (B) the amount of the total estimated cost for subsection (a). design in connection with any construction the project as shown in the most recent budget (d) NOTIFICATION.—The Secretary, acting project exceeds $600,000, funds for that design justification data submitted to Congress. through the Assistant Secretary of Energy for must be specifically authorized by law. (2) An action described in paragraph (1) may Environmental Management, shall notify Con- be taken if— SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- gress of any transfer of funds pursuant to sub- (A) the Secretary of Energy has submitted to NING, DESIGN, AND CONSTRUCTION section (a) not later than 30 days after such ACTIVITIES. the congressional defense committees a report on transfer occurs. the actions and the circumstances making such (a) AUTHORITY.—The Secretary of Energy (e) DEFINITIONS.—In this section: action necessary; and may use any funds available to the Department (1) The term ‘‘program or project’’ means, (B) a period of 30 days has elapsed after the of Energy pursuant to an authorization in this with respect to a field office of the Department date on which the report is received by the com- title, including funds authorized to be appro- of Energy, any of the following: mittees. priated for advance planning, engineering, and (A) A program referred to or a project listed in (b) EXCEPTION.—Subsection (a) does not apply construction design, and for plant projects, paragraph (2) or (3) of section 3102. to a construction project with a current esti- under sections 3101, 3102, 3103, and 3104 to per- (B) A program or project not described in sub- mated cost of less than $5,000,000. form planning, design, and construction activi- paragraph (A) that is for environmental restora- SEC. 3124. FUND TRANSFER AUTHORITY. ties for any Department of Energy national se- tion or waste management activities necessary (a) TRANSFER TO OTHER FEDERAL AGENCIES.— curity program construction project that, as de- for national security programs of the Depart- The Secretary of Energy may transfer funds au- termined by the Secretary, must proceed expedi- ment, that is being carried out by that office, thorized to be appropriated to the Department of tiously in order to protect public health and and for which defense environmental manage- Energy pursuant to this title to other Federal safety, to meet the needs of national defense, or ment funds have been authorized and appro- agencies for the performance of work for which to protect property. priated before the date of the enactment of this the funds were authorized. Funds so transferred (b) LIMITATION.—The Secretary may not exer- Act. may be merged with and be available for the cise the authority under subsection (a) in the (2) The term ‘‘defense environmental manage- same purposes and for the same time period as case of any construction project until the Sec- ment funds’’ means funds appropriated to the the authorizations of the Federal agency to retary has submitted to the congressional de- Department of Energy pursuant to an author- which the amounts are transferred. fense committees a report on the activities that ization for carrying out environmental restora- (b) TRANSFER WITHIN DEPARTMENT OF EN- the Secretary intends to carry out under this tion and waste management activities necessary ERGY.—(1) Subject to paragraph (2), the Sec- section and the circumstances making those ac- for national security programs. retary of Energy may transfer funds authorized tivities necessary. (f) DURATION OF AUTHORITY.—The managers to be appropriated to the Department of Energy (c) SPECIFIC AUTHORITY.—The requirement of of the field offices of the Department may exer- pursuant to this title between any such author- section 3125(b)(2) does not apply to emergency cise the authority provided under subsection (a) izations. Amounts of authorizations so trans- planning, design, and construction activities during the period beginning on October 1, 2002, ferred may be merged with and be available for conducted under this section. and ending on September 30, 2003. H5538 CONGRESSIONAL RECORD — HOUSE July 25, 2002 SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES any, under subsection (a)(1), the Secretary shall SEC. 3134. REQUIREMENTS FOR SPECIFIC RE- FUNDS. publish a proposal for such criteria in the Fed- QUEST FOR NEW OR MODIFIED NU- (a) TRANSFER AUTHORITY FOR WEAPONS AC- eral Register, and shall provide a period of 45 CLEAR WEAPONS. TIVITIES FUNDS.—The Secretary of Energy shall days for public notice and comment on the pro- (a) REQUIREMENT FOR REQUEST FOR FUNDS provide the manager of each field office of the posal. FOR DEVELOPMENT.—(1) In any fiscal year after fiscal year 2002 in which the Secretary of En- Department of Energy with the authority to (c) AVAILABILITY OF FUNDS IF CRITERIA ARE ergy plans to carry out activities described in transfer weapons activities funds from a pro- NOT ESTABLISHED.—(1) If the Secretary exercises paragraph (2) relating to the development of a gram or project under the jurisdiction of that of- the authority under subsection (a)(2), the Sec- new nuclear weapon or modified nuclear weap- fice to another such program or project. retary shall reallocate the funds referred to in on, the Secretary shall specifically request funds (b) LIMITATIONS.—(1) Not more than three subsection (a) among sites that received funds for such activities in the budget of the President transfers may be made to or from any program during fiscal year 2002 for defense environ- for that fiscal year under section 1105(a) of title or project under subsection (a) in a fiscal year. mental restoration and waste management ac- (2) The amount transferred to or from a pro- 31, United States Code. tivities under section 3102 of the National De- gram or project in any one transfer under sub- (2) The activities described in this paragraph fense Authorization Act for Fiscal Year 2002 section (a) may not exceed $5,000,000. are as follows: (Public Law 107–197; 115 Stat. 1358). (3) A transfer may not be carried out by a (A) The conduct, or provision for conduct, of manager of a field office under subsection (a) (2) The amount of funds referred to in sub- research and development which could lead to unless the manager determines that the section (a) that are allocated under paragraph the production of a new nuclear weapon by the transfer— (1) to a site described in that paragraph shall United States. (A) is necessary to address a risk to health, bear the same ratio to the amount of funds re- (B) The conduct, or provision for conduct, of safety, or the environment; or ferred to in subsection (a) as the amount of engineering or manufacturing to carry out the (B) will result in cost savings and efficiencies. funds received by such site during fiscal year production of a new nuclear weapon by the (4) A transfer may not be carried out by a 2002 under section 3102 of the National Defense United States. manager of a field office under subsection (a) to Authorization Act for Fiscal Year 2002 bears to (C) The conduct, or provision for conduct, of cover a cost overrun or scheduling delay for any the total amount of funds made available to all research and development which could lead to program or project. sites during fiscal year 2002 under that section. the production of a modified nuclear weapon by (5) Funds transferred pursuant to subsection (3) No funds allocated under paragraph (1) the United States. (a) may not be used for an item for which Con- may be obligated or expended until 30 days after (D) The conduct, or provision for conduct, of gress has specifically denied funds or for a new the Secretary submits to the congressional de- engineering or manufacturing to carry out the program or project that has not been authorized fense committee a list of the projects at each site production of a modified nuclear weapon by the by Congress. allocated funds under that paragraph, and the United States. (c) EXEMPTION FROM REPROGRAMMING RE- amount of such funds to be provided to each (b) BUDGET REQUEST FORMAT.—The Secretary QUIREMENTS.—The requirements of section 3121 such project at each such site. shall include in a request for funds under sub- shall not apply to transfers of funds pursuant to section (a) the following: (4) Funds referred to in subsection (a) may (1) In the case of funds for activities described subsection (a). not be obligated or expended for any site that (d) NOTIFICATION.—The Secretary, acting in subparagraph (A) or (C) of subsection (a)(2), was not funded in fiscal year 2002 from amounts a dedicated line item for each such activity for through the Administrator for Nuclear Security, available to the Department of Energy under shall notify Congress of any transfer of funds a new nuclear weapon or modified nuclear title XXXI of the National Defense Authoriza- weapons that is in phase 1 or 2A or phase 6.1 or pursuant to subsection (a) not later than 30 tion Act for Fiscal Year 2002. days after such transfer occurs. 6.2A, as the case may be, of the nuclear weap- SEC. 3132. ROBUST NUCLEAR EARTH PENE- (e) DEFINITIONS.—In this section: ons acquisition process. (1) The term ‘‘program or project’’ means, TRATOR. (2) In the case of funds for activities described with respect to a field office of the Department Not later than February 3, 2003, the Secretary in subparagraph (B) or (D) of subsection (a)(2), of Energy, any of the following: of Defense shall, in consultation with the Sec- a dedicated line item for each such activity for (A) A program referred to or a project listed in retary of Energy, submit to the congressional a new nuclear weapon or modified nuclear section 3101(1). defense committees a report on the Robust Nu- weapon that is in phase 3 or higher or phase 6.3 (B) A program or project not described in sub- clear Earth Penetrator (RNEP). The report shall or higher, as the case may be, of the nuclear paragraph (A) that is for weapons activities set forth— weapons acquisition process. necessary for national security programs of the (1) the military requirements for the Robust (c) EXCEPTION.—Subsections (a) shall not Department, that is being carried out by that of- Nuclear Earth Penetrator; apply to funds for purposes of conducting, or providing for the conduct of, research and de- fice, and for which weapons activities funds (2) the nuclear weapons employment policy re- velopment, or manufacturing and engineering, have been authorized and appropriated before garding the Robust Nuclear Earth Penetrator; the date of the enactment of this Act. determined by the Secretary to be necessary— (3) a detailed description of the categories or (1) for the nuclear weapons life extension pro- (2) The term ‘‘weapons activities funds’’ types of targets that the Robust Nuclear Earth means funds appropriated to the Department of gram; Penetrator is designed to hold at risk; and (2) to modify an existing nuclear weapon sole- Energy pursuant to an authorization for car- (4) an assessment of the ability of conven- ly to address safety or reliability concerns; or rying out weapons activities necessary for na- tional weapons to address the same categories (3) to address proliferation concerns. tional security programs. and types of targets described under paragraph (d) CONSTRUCTION WITH PROHIBITION ON RE- (f) DURATION OF AUTHORITY.—The managers SEARCH AND DEVELOPMENT ON LOW-YIELD NU- of the field offices of the Department may exer- (3). CLEAR WEAPONS.—Nothing in this section may cise the authority provided under subsection (a) SEC. 3133. DATABASE TO TRACK NOTIFICATION be construed to modify, repeal, or in any way during the period beginning on October 1, 2002, AND RESOLUTION PHASES OF SIG- affect the provisions of section 3136 of the Na- and ending on September 30, 2003. NIFICANT FINDING INVESTIGA- TIONS. tional Defense Authorization Act for Fiscal Subtitle C—Program Authorizations, (a) AVAILABILITY OF FUNDS FOR DATABASE.— Year 1994 (Public Law 103–160; 107 Stat. 1946; 42 Restrictions, and Limitations Amounts authorized to be appropriated by sec- U.S.C. 2121 note), relating to prohibitions on re- SEC. 3131. AVAILABILITY OF FUNDS FOR ENVI- tion 3101(1) for the National Nuclear Security search and development on low-yield nuclear RONMENTAL MANAGEMENT CLEAN- Administration for weapons activities shall be weapons. UP REFORM. available to the Deputy Administrator for Nu- (e) DEFINITIONS.—In this section: (a) LIMITATION ON AVAILABILITY FOR ENVI- (1) The term ‘‘life extension program’’ means clear Security for Defense Programs for the de- RONMENTAL MANAGEMENT CLEANUP REFORM.— the program to repair or replace non-nuclear velopment and implementation of a database for None of the funds authorized to be appropriated components, or to modify the pit or canned sub- all national security laboratories to track the by section 3102(8) for the Department of Energy assembly, of nuclear weapons in the nuclear notification and resolution phases of Significant for environmental management cleanup reform weapons stockpile on the date of the enactment Finding Investigations (SFIs). The purpose of may be obligated or expended until the Sec- of this Act in order to assure that such nuclear the database is to facilitate the monitoring of retary of Energy— weapons retain the ability to meet the military the progress and accountability of the national (1) publishes in the Federal Register, and sub- requirements applicable to such nuclear weap- security laboratories in Significant Finding In- mits to the congressional defense committees, a ons when first placed in the nuclear weapons vestigations. report setting forth criteria established by the stockpile. Secretary— (b) IMPLEMENTATION DEADLINE.—The data- (2) The term ‘‘modified nuclear weapon’’ (A) for selecting the projects that will receive base required by subsection (a) shall be imple- means a nuclear weapon that contains a pit or funding using such funds; and mented not later than September 30, 2003. canned subassembly, either of which— (B) for setting priorities among the projects se- (c) NATIONAL SECURITY LABORATORY DE- (A) is in the nuclear weapons stockpile as of lected under subparagraph (A); or FINED.—In this section, the term ‘‘national secu- the date of the enactment of this Act; and (2) notifies the congressional defense commit- rity laboratory’’ has the meaning given that (B) is being modified in order to meet a mili- tees that the criteria described by paragraph (1) term in section 3281(1) of the National Nuclear tary requirement that is other than the military will not be established. Security Administration Act (title XXXII of requirements applicable to such nuclear weapon (b) REQUIREMENTS REGARDING ESTABLISHMENT Public Law 106–65; 113 Stat. 968; 50 U.S.C. when first placed in the nuclear weapons stock- OF CRITERIA.—Before establishing criteria, if 2471(1)). pile. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5539

(3) The term ‘‘new nuclear weapon’’ means a (A) Fiscal year 2002 Cooperative Threat Re- (b) CONSTRUCTION OF EXTENSION WITH DES- nuclear weapon that contains a pit or canned duction funds, as specified in section 1301(b) of IGNATION OF ATTORNEY GENERAL AS LEAD OFFI- subassembly, either of which is neither— the National Defense Authorization Act for Fis- CIAL.—The amendment made by subsection (a) (A) in the nuclear weapons stockpile on the cal Year 2002 (Public Law 107–107; 115 Stat. may not be construed as modifying the designa- date of the enactment of this Act; nor 1254; 22 U.S.C. 5952 note). tion of the President entitled ‘‘Designation of (B) in production as of that date. (B) Fiscal year 2001 Cooperative Threat Re- the Attorney General as the Lead Official for SEC. 3135. REQUIREMENT FOR AUTHORIZATION duction funds, as specified in section 1301(b) of the Emergency Response Assistance Program BY LAW FOR FUNDS OBLIGATED OR the Floyd D. Spence National Defense Author- Under Sections 1412 and 1415 of the National EXPENDED FOR DEPARTMENT OF ization Act for Fiscal Year 2001 (as enacted into Defense Authorization Act for Fiscal Year ENERGY NATIONAL SECURITY AC- law by Public Law 106–398; 114 Stat. 1654A–339). 1997’’, dated April 6, 2000, designating the Attor- TIVITIES. (C) Fiscal year 2000 Cooperative Threat Re- ney General to assume programmatic and fund- Section 660 of the Department of Energy Or- duction funds, as specified in section 1301(b) of ing responsibilities for the Emergency Response ganization Act (42 U.S.C. 7270) is amended— the National Defense Authorization Act for Fis- (1) by inserting ‘‘(a)’’ before ‘‘Appropria- Assistance Program under sections 1412 and 1415 cal Year 2000 (Public Law 106–65; 113 Stat. 792; tions’’; and of the Defense Against Weapons of Mass De- 22 U.S.C. 5952 note). (2) by adding at the end the following new struction Act of 1996. (c) AVAILABILITY OF TRANSFERRED FUNDS.— subsection: SEC. 3155. PROGRAM ON RESEARCH AND TECH- (1) Notwithstanding any restriction or limitation ‘‘(b)(1) No funds for the Department may be NOLOGY FOR PROTECTION FROM in law on the availability of Cooperative Threat obligated or expended for— NUCLEAR OR RADIOLOGICAL TER- ‘‘(A) national security programs and activities Reduction funds specified in subsection (b)(2), RORISM. of the Department; or the Cooperative Threat Reduction funds trans- (a) PROGRAM REQUIRED.—(1) The Adminis- ‘‘(B) activities under the Atomic Energy Act of ferred under subsection (b) for the program re- trator for Nuclear Security shall carry out a 1954 (42 U.S.C. 2012 et seq.); ferred to in subsection (a) shall be available for program on research and technology for protec- unless funds therefor have been specifically au- activities as follows: tion from nuclear or radiological terrorism, in- thorized by law. (A) To design and construct, refurbish, or cluding technology for the detection (particu- ‘‘(2) Nothing in paragraph (1) may be con- both, fossil fuel energy plants in Russia that larly as border crossings and ports of entry), strued to preclude the requirement under sub- provide alternative sources of energy to the en- identification, assessment, control, disposition, section (a), or under any other provision of law, ergy plants in Russia that produce weapons consequence management, and consequence for an authorization of appropriations for pro- grade plutonium. mitigation of the dispersal of radiological mate- grams and activities of the Department (other (B) To carry out limited safety upgrades of rials or of nuclear terrorism. than programs and activities covered by that not more than three energy plants in Russia (2) The Administrator shall carry out the pro- paragraph) as a condition to the obligation and that produce weapons grade plutonium in order gram as part of the support of the Administrator expenditure of funds for programs and activities to permit the shutdown of such energy plants for homeland security and counterterrorism of the Department (other than programs and ac- and eliminate the production of weapons grade within the National Nuclear Security Adminis- tivities covered by that paragraph).’’. plutonium in such energy plants. tration (2) Amounts available under paragraph (1) for SEC. 3136. LIMITATION ON AVAILABILITY OF (b) PROGRAM ELEMENTS.—In carrying out the FUNDS FOR PROGRAM TO ELIMI- activities referred to in that paragraph shall re- program required by subsection (a), the Admin- NATE WEAPONS GRADE PLUTONIUM main available for such activities until ex- istrator shall— PRODUCTION IN RUSSIA. pended. (1) provide for the development of technologies (a) LIMITATION.—Of the amounts authorized SEC. 3152. REPEAL OF REQUIREMENT FOR RE- to respond to threats or incidents involving nu- to be appropriated by this title for the program PORTS ON OBLIGATION OF FUNDS clear or radiological terrorism in the United to eliminate weapons grade plutonium produc- FOR PROGRAMS ON FISSILE MATE- States; tion, the Administrator for Nuclear Security RIALS IN RUSSIA. (2) demonstrate applications of the tech- may not obligate or expend more than Section 3131 of the National Defense Author- nologies developed under paragraph (1), includ- $100,000,000 for that program until 30 days after ization Act for Fiscal Year 1996 (Public Law ing joint demonstrations with the Office of the date on which the Administrator submits to 104–106; 110 Stat. 617; 22 U.S.C. 5952 note) is Homeland Security and other appropriate Fed- the congressional defense committees a copy of amended— eral agencies; (1) in subsection (a), by striking ‘‘(a) AUTHOR- an agreement entered into between the United (3) provide, where feasible, for the develop- ITY.—’’; and States Government and the Government of the ment in cooperation with the Russian Federa- (2) by striking subsection (b). Russian Federation to shut down the three plu- tion of technologies to respond to nuclear or ra- tonium-producing reactors in Russia. SEC. 3153. EXPANSION OF ANNUAL REPORTS ON diological terrorism in the former states of the STATUS OF NUCLEAR MATERIALS (b) AGREEMENT ELEMENTS.—The agreement Soviet Union, including the demonstration of PROTECTION, CONTROL, AND AC- under subsection (a)— COUNTING PROGRAMS. technologies so developed; (4) provide, where feasible, assistance to other (1) shall contain— (a) COVERED PROGRAMS.—Subsection (a) of (A) a commitment to shut down the three plu- section 3171 of the Floyd D. Spence National De- countries on matters relating to nuclear or radi- tonium-producing reactors; fense Authorization Act for Fiscal Year 2001 (as ological terrorism, including— (B) the date on which each such reactor will enacted into law by Public Law 106–398; 114 (A) the provision of technology and assistance be shut down; on means of addressing nuclear or radiological (C) a schedule and milestones for each such Stat. 1654A–475) is amended by striking ‘‘Russia that’’ and inserting ‘‘countries where such ma- incidents; reactor to complete the shut down of such reac- (B) the provision of assistance in developing terials’’. tor by the date specified under subparagraph means for the safe disposal of radioactive mate- (b) REPORT CONTENTS.—Subsection (b) of that (B); section is amended— rials; (D) an arrangement for access to sites and fa- (1) in paragraph (1) by inserting ‘‘in each (C) in coordination with the Nuclear Regu- cilities necessary to meet such schedules and country covered by subsection (a)’’ after ‘‘loca- latory Commission, the provision of assistance milestones; and tions,’’; in developing the regulatory framework for li- (E) an arrangement for audit and examina- (2) in paragraph (2), by striking ‘‘in Russia’’ censing and developing programs for the protec- tion procedures in order to evaluate progress in and inserting ‘‘in each such country’’; tion and control of radioactive sources; and meeting such schedules and milestones; and (3) in paragraph (3), by inserting ‘‘in each (D) the provision of assistance in evaluating (2) may include cost sharing arrangements. such country’’ after ‘‘subsection (a)’’; and the radiological sources identified as not under Subtitle D—Proliferation Matters (4) in paragraph (5), by striking ‘‘by total current accounting programs in the report of the SEC. 3151. ADMINISTRATION OF PROGRAM TO amount and by amount per fiscal year’’ and in- Inspector General of the Department of Energy ELIMINATE WEAPONS GRADE PLUTO- serting ‘‘by total amount per country and by entitled ‘‘Accounting for Sealed Sources of Nu- NIUM PRODUCTION IN RUSSIA. amount per fiscal year per country’’. clear Material Provided to Foreign Countries’’, (a) TRANSFER OF PROGRAM TO DEPARTMENT SEC. 3154. TESTING OF PREPAREDNESS FOR and in identifying and controlling radiological OF ENERGY.—The program to eliminate weapons EMERGENCIES INVOLVING NU- sources that represent significant risks; and grade plutonium production in Russia shall be CLEAR, RADIOLOGICAL, CHEMICAL, (5) in coordination with the Office of Environ- transferred from the Department of Defense to OR BIOLOGICAL WEAPONS. ment, Safety, and Health of the Department of the Department of Energy. (a) EXTENSION OF TESTING.—Section 1415 of Energy, the Department of Commerce, and the (b) TRANSFER OF ASSOCIATED FUNDS.—(1) Not- the Defense Against Weapons of Mass Destruc- International Atomic Energy Agency, develop withstanding any restriction or limitation in tion Act of 1996 (title XIV of Public Law 104– consistent criteria for screening international law on the availability of Cooperative Threat 201; 110 Stat. 2720; 50 U.S.C. 2315) is amended— transfers of radiological materials. Reduction funds specified in paragraph (2), the (1) in subsection (a)(2), by striking ‘‘of five (c) REQUIREMENTS FOR INTERNATIONAL ELE- Cooperative Threat Reduction funds specified in successive fiscal years beginning with fiscal MENTS OF PROGRAM.—(1) In carrying out activi- that paragraph that are available for the pro- year 1997’’ and inserting ‘‘of fiscal years 1997 ties in accordance with paragraphs (3) and (4) gram referred to in subsection (a) shall be trans- through 2013’’; and of subsection (b), the Administrator shall con- ferred from the Department of Defense to the (2) in subsection (b)(2), by striking ‘‘of five sult with— Department of Energy. successive fiscal years beginning with fiscal (A) the Secretary of Defense, Secretary of (2) The Cooperative Threat Reduction funds year 1997’’ and inserting ‘‘of fiscal years 1997 State, and Secretary of Commerce; and specified in this paragraph are the following: through 2013’’. (B) the International Atomic Energy Agency. H5540 CONGRESSIONAL RECORD — HOUSE July 25, 2002 (2) The Administrator shall encourage joint schedules required to assist the research reactors than plutonium (Pu) or uranium enriched above leadership between the United States and the and facilities referred to in that paragraph in 20 percent uranium–235. Russian Federation of activities on the develop- upgrading their materials protection, control, (g) AMENDMENT OF CONVENTION ON PHYSICAL ment of technologies under subsection (b)(4). and accounting procedures until the weapons- PROTECTION OF NUCLEAR MATERIAL.—(1) It is (d) INCORPORATION OF RESULTS IN EMERGENCY usable nuclear materials in such reactors and the sense of Congress that the President should RESPONSE ASSISTANCE PROGRAM.—To the max- facilities are converted or returned in accord- encourage amendment of the Convention on the imum extent practicable, the technologies and ance with that paragraph. Physical Protection of Nuclear Materials in information developed under the program re- (4) The provision of assistance under para- order to provide that the Convention shall— quired by subsection (a) shall be incorporated graph (3) shall be closely coordinated with on- (A) apply to both the domestic and inter- into the program on responses to emergencies in- going efforts of the International Atomic Energy national use and transport of nuclear materials; volving nuclear and radiological weapons car- Agency for the same purpose. (B) incorporate fundamental practices for the ried out under section 1415 of the Defense (e) RADIOLOGICAL DISPERSAL DEVICE MATE- physical protection of such materials; and Against Weapons of Mass Destruction Act of RIALS PROTECTION, CONTROL, AND ACCOUNT- (C) address protection against sabotage in- 1996 (title XIV of Public Law 104–201; 50 U.S.C. ING.—(1) The Secretary shall establish within volving nuclear materials. 2315). the International Materials Protection, Control, (2) In this subsection, the term ‘‘Convention (e) AMOUNT FOR ACTIVITIES.—Of the amount and Accounting program a program on the pro- on the Physical Protection of Nuclear Mate- authorized to be appropriated by section 3101(2) tection, control, and accounting of materials us- rials’’ means the Convention on the Physical for the Department of Energy for the National able in radiological dispersal devices. Protection of Nuclear Materials, With Annex, Nuclear Security Administration for defense nu- (2) The program under paragraph (1) shall done at Vienna on October 26, 1979. clear nonproliferation and available for the de- include— (h) AMOUNT FOR ACTIVITIES.—Of the amount velopment of a new generation of radiation de- (A) an identification of vulnerabilities regard- authorized to be appropriated by section 3102(2) tectors for homeland defense, up to $15,000,000 ing radiological materials worldwide; for the Department of Energy for the National shall be available for carrying out this section. (B) the mitigation of vulnerabilities so identi- Nuclear Security Administration for defense nu- fied through appropriate security enhance- SEC. 3156. EXPANSION OF INTERNATIONAL MATE- clear nonproliferation, up to $5,000,000 shall be RIALS PROTECTION, CONTROL, AND ments; and available for carrying out this section. ACCOUNTING PROGRAM. (C) an acceleration of efforts to recover and SEC. 3157. ACCELERATED DISPOSITION OF HIGH- (a) EXPANSION OF PROGRAM TO ADDITIONAL control diffused radiation sources and ‘or- LY ENRICHED URANIUM AND PLUTO- COUNTRIES AUTHORIZED.—The Secretary of En- phaned’’ radiological sources that are of suffi- NIUM. ergy may expand the International Materials cient strength to represent a significant risk. (a) SENSE OF CONGRESS ON PROGRAM TO SE- Protection, Control, and Accounting (MPC&A) (3) The program under paragraph (1) shall be CURE STOCKPILES OF HIGHLY ENRICHED URA- program of the Department of Energy to encom- known as the Radiological Dispersal Device Ma- NIUM AND PLUTONIUM.—(1) It is the sense of pass countries outside the Russian Federation terials Protection, Control, and Accounting pro- Congress that the Secretary of Energy, in con- and the independent states of the former Soviet gram. sultation with the Secretary of State and Sec- (f) STUDY OF PROGRAM TO SECURE CERTAIN Union. retary of Defense, should develop a comprehen- RADIOLOGICAL MATERIALS.—(1) The Secretary, (b) NOTICE TO CONGRESS OF USE OF FUNDS sive program of activities to encourage all coun- acting through the Administrator for Nuclear FOR ADDITIONAL COUNTRIES.—Not later than 30 tries with nuclear materials to adhere to, or to days after the Secretary obligates funds for the Security, shall require the Office of Inter- adopt standards equivalent to, the International International Materials Protection, Control, national Materials Protection, Control, and Ac- Atomic Energy Agency standard on The Phys- and Accounting program, as expanded under counting of the Department of Energy to con- ical Protection of Nuclear Material and Nuclear subsection (a), for activities in or with respect to duct a study to determine the feasibility and ad- Facilities (INFCIRC/225/Rev.4), relating to the a country outside the Russian Federation and visability of developing a program to secure ra- security of stockpiles of highly enriched ura- the independent states of the former Soviet diological materials outside the United States nium (HEU) and plutonium (Pu). Union, the Secretary shall submit to Congress a that pose a threat to the national security of the (2) To the maximum extent practicable, the notice of the obligation of such funds for such United States. program should be developed in consultation (2) The study under paragraph (1) shall in- activities. with the Russian Federation, other Group of 8 clude the following: (c) ASSISTANCE TO DEPARTMENT OF STATE FOR countries, and other allies of the United States. (A) An identification of the categories of radi- NUCLEAR MATERIALS SECURITY PROGRAMS.—(1) (3) Activities under the program should in- ological materials that are covered by that para- As part of the International Materials Protec- clude specific, targeted incentives intended to graph, including an order of priority for secur- tion, Control, and Accounting program, the Sec- encourage countries that cannot undertake the ing each category of such radiological materials. expense of conforming to the standard referred retary of Energy may provide technical assist- (B) An estimate of the number of sites at to in paragraph (1) to relinquish their highly ance to the Secretary of State in the efforts of which such radiological materials are present. the Secretary of State to assist other nuclear (C) An assessment of the effort required to se- enriched uranium (HEU) or plutonium (Pu), in- weapons states to review and improve their nu- cure such radiological materials at such sites, cluding incentives in which a country, group of clear materials security programs. including— countries, or international body— (2) The technical assistance provided under (i) a description of the security upgrades, if (A) purchase such materials and provide for paragraph (1) may include the sharing of tech- any, that are required at such sites; their security (including by removal to another nology or methodologies to the states referred to (ii) an assessment of the costs of securing such location); in that paragraph. Any such sharing shall— radiological materials at such sites; (B) undertake the costs of decommissioning (A) be consistent with the treaty obligations of (iii) a description of any cost-sharing arrange- facilities that house such materials; the United States; and ments to defray such costs; (C) in the case of research reactors, convert (B) take into account the sovereignty of the (iv) a description of any legal impediments to such reactors to low-enriched uranium reactors; state concerned and its weapons programs, as such effort, including a description of means of or well the sensitivity of any information involved overcoming such impediments; and (D) upgrade the security of facilities that regarding United States weapons or weapons (v) a description of the coordination required house such materials in order to meet stringent systems. for such effort among appropriate United States security standards that are established for pur- (3) The Secretary of Energy may include the Government entities (including the Nuclear Reg- poses of the program based upon agreed best Russian Federation in activities under para- ulatory Commission), participating countries, practices. graph (1) if the Secretary determines that the and international bodies (including the Inter- (b) PROGRAM ON ACCELERATED DISPOSITION experience of the Russian Federation under the national Atomic Energy Agency). OF HEU AUTHORIZED.—(1) The Secretary of En- International Materials Protection, Control, (D) A description of the pilot project under- ergy may carry out a program to pursue with and Accounting program with the Russian Fed- taken in Russia. the Russian Federation, and any other nation eration would make the participation of the (3) In identifying categories of radiological that possesses highly enriched uranium, options Russian Federation in such activities useful in materials under paragraph (2)(A), the Secretary for blending such uranium so that the con- providing technical assistance under that para- shall take into account matters relating to spe- centration of U–235 in such uranium is below 20 graph. cific activity, half-life, radiation type and en- percent. (d) PLAN FOR ACCELERATED CONVERSION OR ergy, attainability, difficulty of handling, and (2) The options pursued under paragraph (1) RETURN OF WEAPONS-USABLE NUCLEAR MATE- toxicity, and such other matters as the Secretary shall include expansion of the Material Consoli- RIALS.—(1) The Secretary shall develop a plan considers appropriate. dation and Conversion program of the Depart- to accelerate the conversion or return to the (4) Not later than one year after the date of ment of Energy to include— country of origin of all weapons-usable nuclear the enactment of this Act, the Secretary shall (A) additional facilities for the blending of materials located in research reactors and other submit to Congress a report on the study con- highly enriched uranium; and facilities outside the country of origin. ducted under this subsection. The report shall (B) additional centralized secure storage fa- (2) The plan under paragraph (1) for nuclear include the matters specified under paragraph cilities for highly enriched uranium designated materials of origin in the Soviet Union shall be (2) and such other matters, including rec- for blending. developed in consultation with the Russian Fed- ommendations, as the Secretary considers ap- (c) INCENTIVES REGARDING HIGHLY ENRICHED eration. propriate as a result of the study. URANIUM IN RUSSIA.—As part of the options (3) As part of the plan under paragraph (1), (5) In this subsection, the term ‘‘radiological pursued under subsection (b) with the Russian the Secretary shall identify the funding and material’’ means any radioactive material, other Federation, the Secretary may provide financial July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5541 and other incentives for the removal of all high- eration of uranium blended under this section (2) The Secretary shall consult with the Office ly enriched uranium from any particular facility by the Russian Federation, the Secretary may of Nuclear Energy Science and Technology of in the Russian Federation if the Secretary deter- elect to receive from the proceeds of such sale an the Department of Energy in the development of mines that such incentives will facilitate the amount not to exceed 75 percent of the costs in- options for purposes of the report. consolidation of highly enriched uranium in the curred by the Department of Energy under sub- (3) In evaluating options for purposes of the Russian Federation to the best-secured facilities. sections (c), (g), and (h). report, the Secretary shall consult with the Nu- (d) CONSTRUCTION WITH HEU DISPOSITION (k) REPORT ON STATUS OF PROGRAM.—Not clear Regulatory Commission and the Inter- AGREEMENT.—Nothing in this section may be later than July 1, 2003, the Secretary shall sub- national Atomic Energy Agency on the feasi- construed as terminating, modifying, or other- mit to Congress a report on the status of the bility and advisability of actions to reduce the wise effecting requirements for the disposition of program carried out under the authority in sub- risks associated with terrorist attacks on nu- highly enriched uranium under the Agreement section (b). The report shall include— clear power plants outside the United States. Between the Government of the United States of (1) a description of international interest in (4) Each option for an international program America and the Government of the Russian the program; under paragraph (1) may provide that the pro- Federation Concerning the Disposition of High- (2) schedules and operational details of the gram is jointly led by the United States, the ly Enriched Uranium Extracted from Nuclear program; and Russian Federation, and the International Weapons, signed at Washington on February 18, (3) recommendations for future funding for Atomic Energy Agency. 1993. the program. (5) The Secretary shall include with the report (e) PRIORITY IN BLENDING ACTIVITIES.—In (l) HIGHLY ENRICHED URANIUM DEFINED.—In on options for an international program under pursuing options under this section, the Sec- this section, the term ‘‘highly enriched ura- paragraph (1) a description and assessment of retary shall give priority to the blending of nium’’ means uranium with a concentration of various management alternatives for the inter- highly enriched uranium from weapons, though U–235 of 20 percent or more. national program. If any option requires Fed- highly enriched uranium from sources other (m) AMOUNT FOR ACTIVITIES.—Of the amount eral funding or legislation to implement, the re- than weapons may also be blended. to be appropriated by section 3102(2) for the De- port shall also include recommendations for (f) TRANSFER OF HIGHLY ENRICHED URANIUM partment of Energy for the National Nuclear Se- such funding or legislation, as the case may be. AND PLUTONIUM TO UNITED STATES.—(1) As part curity Administration for defense nuclear non- (b) JOINT PROGRAMS WITH RUSSIA ON PRO- of the program under subsection (b), the Sec- proliferation, up to $40,000,000 shall be available LIFERATION RESISTANT NUCLEAR ENERGY TECH- retary may, upon the request of any nation— for carrying out this section. NOLOGIES.—The Director of the Office of Nu- (A) purchase highly enriched uranium or SEC. 3158. DISPOSITION OF PLUTONIUM IN RUS- clear Energy Science and Technology Energy weapons grade plutonium from the nation at a SIA. shall, in coordination with the Secretary, pur- price determined by the Secretary; (a) NEGOTIATIONS WITH RUSSIAN FEDERA- sue with the Ministry of Atomic Energy of the (B) transport any uranium or plutonium so TION.—(1) The Secretary of Energy is encour- Russian Federation joint programs between the purchased to the United States; and aged to continue to support the Secretary of United States and the Russian Federation on (C) store any uranium or plutonium so trans- State in negotiations with the Ministry of Atom- the development of proliferation resistant nu- ported in the United States. ic Energy of the Russian Federation to finalize clear energy technologies, including advanced (2) The Secretary is not required to blend any the plutonium disposition program of the Rus- fuel cycles. highly enriched uranium purchased under para- sian Federation (as established under the agree- (c) PARTICIPATION OF INTERNATIONAL TECH- graph (1)(A) in order to reduce the concentra- ment described in subsection (b)). NICAL EXPERTS.—In developing options under tion of U–235 in such uranium to below 20 per- (2) As part of the negotiations, the Secretary subsection (a), the Secretary shall, in consulta- cent. Amounts authorized to be appropriated by of Energy may consider providing additional tion with the Nuclear Regulatory Commission, subsection (m) may not be used for purposes of funds to the Ministry of Atomic Energy in order the Russian Federation, and the International blending such uranium. to reach a successful agreement. Atomic Energy Agency, convene and consult (g) TRANSFER OF HIGHLY ENRICHED URANIUM (3) If such an agreement, meeting the require- with an appropriate group of international TO RUSSIA.—(1) As part of the program under ments in subsection (c), is reached with the Min- technical experts on the development of various subsection (b), the Secretary may encourage na- istry of Atomic Energy, which requires addi- options for technologies to provide strengthened tions with highly enriched uranium to transfer tional funds for the Russian work, the Secretary security for nuclear materials and safety and se- such uranium to the Russian Federation for dis- shall either seek authority to use funds avail- curity for current nuclear operations, including position under this section. able for another purpose, or request supple- the implementation of such options. (2) The Secretary may pay any nation that mental appropriations, for such work. (d) ASSISTANCE REGARDING HOSTILE INSIDERS transfers highly enriched uranium to the Rus- (b) AGREEMENT.—The agreement referred to in AND AIRCRAFT IMPACTS.—(1) The Secretary may, sian Federation under this subsection an subsection (a) is the Agreement Between the utilizing appropriate expertise of the Depart- amount determined appropriate by the Sec- Government of the United States of America and ment of Energy and the Nuclear Regulatory retary. the Government of the Russian Federation Con- Commission, provide assistance to nuclear facili- (3) The Secretary may bear the cost of any cerning the Management and Disposition of ties abroad on the interdiction of hostile insiders blending and storage of uranium transferred to Plutonium Designated As No Longer Required at such facilities in order to prevent incidents the Russian Federation under this subsection, For Defense Purposes and Related Cooperation, arising from the disablement of the vital systems including any costs of blending and storage signed August 29, 2000, and September 1, 2000. of such facilities. under a contract under subsection (h). Any site (c) REQUIREMENT FOR DISPOSITION PRO- (2) The Secretary may carry out a joint pro- selected for such storage shall have undergone GRAM.— The plutonium disposition program gram with the Russian Federation and other complete materials protection, control, and ac- under subsection (a)— countries to address and mitigate concerns on counting upgrades before the commencement of (1) shall include transparent verifiable steps; the impact of aircraft with nuclear facilities in such storage. (2) shall proceed at a rate approximately such countries. (h) CONTRACTS FOR BLENDING AND STORAGE equivalent to the rate of the United States pro- (e) ASSISTANCE TO IAEA IN STRENGTHENING OF HIGHLY ENRICHED URANIUM IN RUSSIA.—(1) gram for the disposition of plutonium; INTERNATIONAL NUCLEAR SAFETY AND SECU- As part of the program under subsection (b), the (3) shall provide for cost-sharing among a va- RITY.—The Secretary may expand and accel- Secretary may enter into one or more contracts riety of countries; erate the programs of the Department of Energy with the Russian Federation— (4) shall provide for contributions by the Rus- (A) to blend in the Russian Federation highly sian Federation; to support the International Atomic Energy enriched uranium of the Russian Federation (5) shall include steps over the near term to Agency in strengthening international nuclear and highly enriched uranium transferred to the provide high confidence that the schedules for safety and security. Russian Federation under subsection (g); or the disposition of plutonium of the Russian Fed- (f) AMOUNT FOR ACTIVITIES.—Of the amount (B) to store in the Russian Federation highly eration will be achieved; and authorized to be appropriated by section 3102(2) enriched uranium before blending or the blended (6) may include research on more speculative for the Department of Energy for the National material. long-term options for the future disposition of Nuclear Security Administration for defense nu- (2) Any site selected for the storage of ura- the plutonium of the Russian Federation in ad- clear nonproliferation, up to $35,000,000 shall be nium or blended material under paragraph dition to the near-term steps under paragraph available for carrying out this section as fol- (1)(B) shall have undergone complete materials (5). lows: protection, control, and accounting upgrades SEC. 3159. STRENGTHENED INTERNATIONAL SE- (1) For activities under subsections (a) before the commencement of such storage. CURITY FOR NUCLEAR MATERIALS through (d), $20,000,000, of which— (i) LIMITATION ON RELEASE FOR SALE OF AND SAFETY AND SECURITY OF NU- (A) $5,000,000 shall be available for sabotage BLENDED URANIUM.—Uranium blended under CLEAR OPERATIONS. protection for nuclear power plants and other this section may not be released for sale until (a) REPORT ON OPTIONS FOR INTERNATIONAL nuclear facilities abroad; and the earlier of— PROGRAM TO STRENGTHEN SECURITY AND SAFE- (B) $10,000,000 shall be available for develop- (1) January 1, 2014; or TY.—(1) Not later than 270 days after the date of ment of proliferation resistant nuclear energy (2) the date on which the Secretary certifies the enactment of this Act, the Secretary of En- technologies under subsection (b). that such uranium can be absorbed into the ergy shall submit to Congress a report on op- (2) For activities under subsection (e), global market without undue disruption to the tions for an international program to develop $15,000,000. uranium mining industry in the United States. strengthened security for all nuclear materials SEC. 3160. EXPORT CONTROL PROGRAMS. (j) PROCEEDS OF SALE OF URANIUM BLENDED and safety and security for current nuclear op- (a) AUTHORITY TO PURSUE OPTIONS FOR BY RUSSIA.—Upon the sale by the Russian Fed- erations. STRENGTHENING EXPORT CONTROL PROGRAMS.— H5542 CONGRESSIONAL RECORD — HOUSE July 25, 2002 The Secretary of Energy may pursue in the Federation, during such year on joint programs Subtitle E—Other Matters former Soviet Union and other regions of con- to implement the plan; SEC. 3171. INDEMNIFICATION OF DEPARTMENT cern, principally in South Asia, the Middle ‘‘(C) a discussion of cooperation, coordina- OF ENERGY CONTRACTORS. East, and the Far East, options for accelerating tion, and integration during such year in the Section 170d.(1)(A) of the Atomic Energy Act programs that assist countries in such regions in implementation of the plan among the various of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by improving their domestic export control pro- departments and agencies of the United States striking ‘‘until August 1, 2002,’’ and inserting grams for materials, technologies, and expertise Government, as well as private entities that ‘‘until August 1, 2012’’. relevant to the construction or use of a nuclear share objectives similar to the objectives of the SEC. 3172. WORKER HEALTH AND SAFETY RULES or radiological dispersal device. plan; and FOR DEPARTMENT OF ENERGY FA- (b) AMOUNT FOR ACTIVITIES.—Of the amount ‘‘(D) any recommendations that the President CILITIES. authorized to be appropriated by section 3102(2) considers appropriate regarding modifications to The Atomic Energy Act of 1954 is amended by for the Department of Energy for the National law or regulations, or to the administration or inserting after section 234B (42 U.S.C. 2282b) the Nuclear Security Administration for defense nu- organization of any Federal department or following: clear nonproliferation, up to $5,000,000 shall be agency, in order to improve the effectiveness of ‘‘SEC. 234C. WORKER HEALTH AND SAFETY RULES available for carrying out this section. any programs carried out during such year in FOR DEPARTMENT OF ENERGY NU- SEC. 3161. IMPROVEMENTS TO NUCLEAR MATE- the implementation of the plan.’’. CLEAR FACILITIES. RIALS PROTECTION, CONTROL, AND SEC. 3163. UTILIZATION OF DEPARTMENT OF EN- ‘‘(a) PERSONS SUBJECT TO PENALTY.— ACCOUNTING PROGRAM OF THE ERGY NATIONAL LABORATORIES ‘‘(1) CIVIL PENALTY.— RUSSIAN FEDERATION. AND SITES IN SUPPORT OF ‘‘(A) IN GENERAL.—A person (or any subcon- (a) REVISED FOCUS FOR PROGRAM.—(1) The COUNTERTERRORISM AND HOME- tractor or supplier of the person) who has en- Secretary of Energy shall work cooperatively LAND SECURITY ACTIVITIES. tered into an agreement of indemnification with the Russian Federation to update and im- (a) AGENCIES AS JOINT SPONSORS OF LABORA- under section 2210(d) (or any subcontractor or prove the Joint Action Plan for the Materials TORIES FOR WORK ON ACTIVITIES.—Each depart- supplier of the person) that violates (or is the Protection, Control, and Accounting programs ment or agency of the Federal Government, or of employer of a person that violates) Department of the Department and the Russian Federation a State or local government, that carries out of Energy Order No. 440.1A (1998), or any rule Ministry of Atomic Energy. work on counterterrorism and homeland secu- or regulation relating to industrial or construc- (2) The updated plan shall shift the focus of rity activities at a Department of Energy na- tion health and safety promulgated by the Sec- the upgrades of the nuclear materials protec- tional laboratory may be a joint sponsor, under retary of Energy (referred to in this section as tion, control, and accounting program of the a multiple agency sponsorship arrangement the ‘‘Secretary’’) after public notice and oppor- Russian Federation in order to assist the Rus- with the Department, of such laboratory in the tunity for comment under section 553 of title 5, sian Federation in achieving, as soon as prac- performance of such work. United States Code (commonly known as the ticable but not later than January 1, 2012, a sus- (b) AGENCIES AS JOINT SPONSORS OF SITES FOR ‘Administrative Procedure Act’), shall be subject tainable nuclear materials protection, control, WORK ON ACTIVITIES.—Each department or to a civil penalty of not more than $100,000 for and accounting system for the nuclear materials agency of the Federal Government, or of a State each such violation. of the Russian Federation that is supported or local government, that carries out work on ‘‘(B) CONTINUING VIOLATIONS.—If any viola- solely by the Russian Federation. counterterrorism and homeland security activi- tion under this subsection is a continuing viola- (b) PACE OF PROGRAM.—The Secretary shall ties at a Department of Energy site may be a tion, each day of the violation shall constitute work with the Russian Federation, including joint sponsor of such site in the performance of a separate violation for the purpose of com- applicable institutes in Russia, to pursue accel- such work as if such site were a federally fund- puting the civil penalty under subparagraph eration of the nuclear materials protection, con- ed research and development center and such (A). trol, and accounting programs at nuclear de- work were performed under a multiple agency ‘‘(2) REGULATIONS.— fense facilities in the Russian Federation. sponsorship arrangement with the Department. ‘‘(A) IN GENERAL.—Not later than 270 days (c) TRANSPARENCY OF PROGRAM.—The Sec- (c) PRIMARY SPONSORSHIP.—The Department after the date of enactment of this section, the retary shall work with the Russian Federation of Energy shall be the primary sponsor under a Secretary shall promulgate regulations for in- to identify various alternatives to provide the multiple agency sponsorship arrangement re- dustrial and construction health and safety that United States adequate transparency in the nu- quired under subsection (a) or (b). incorporate the provisions and requirements clear materials protection, control, and account- (d) WORK.—(1) The Administrator for Nuclear contained in Department of Energy Order No. ing program of the Russian Federation to assure Security shall act as the lead agent in coordi- 440.1A (1998). that such program is meeting applicable goals nating the formation and performance of a joint ‘‘(B) EFFECTIVE DATE.—The regulations pro- for nuclear materials protection, control, and sponsorship agreement between a requesting mulgated under subparagraph (A) shall take ef- accounting. agency and a Department of Energy national fect on the date that is 1 year after the promul- (d) SENSE OF CONGRESS.—In furtherance of laboratory or site for work on counterterrorism gation date of the regulations. the activities required under this section, it is and homeland security. ‘‘(3) VARIANCES OR EXEMPTIONS.— the sense of Congress the Secretary should— (2) A request for work may not be submitted to ‘‘(A) IN GENERAL.—The Secretary may provide (1) enhance the partnership with the Russian a national laboratory or site under this section in the regulations promulgated under paragraph Ministry of Atomic Energy in order to increase unless approved in advance by the Adminis- (2) a procedure for granting variances or exemp- the pace and effectiveness of nuclear materials trator. tions to the extent necessary to avoid serious im- accounting and security activities at facilities in (3) Any work performed by a national labora- pairment of the national security of the United the Russian Federation, including serial pro- tory or site under this section shall comply with States. duction enterprises; and the policy on the use of federally funded re- ‘‘(B) DETERMINATION.—In determining wheth- (2) clearly identify the assistance required by search and development centers under section er to provide a variance or exemption under sub- the Russian Federation, the contributions an- 35.017(a)(4) of the Federal Acquisition Regula- paragraph (A), the Secretary of Energy shall ticipated from the Russian Federation, and the tion. assess— transparency milestones that can be used to as- (4) The Administrator shall ensure that the ‘‘(i) the impact on national security of not sess progress in meeting the requirements of this work of a national laboratory or site requested providing a variance or exemption; and section. under this section is performed expeditiously ‘‘(ii) the benefits or detriments to worker and to the satisfaction of the head of the de- SEC. 3162. COMPREHENSIVE ANNUAL REPORT TO health and safety of providing a variance or ex- CONGRESS ON COORDINATION AND partment or agency submitting the request. emption. INTEGRATION OF ALL UNITED (e) FUNDING.—(1) Subject to paragraph (2), a ‘‘(C) PROCEDURE.—Before granting a variance STATES NONPROLIFERATION AC- joint sponsor of a Department of Energy na- or exemption, the Secretary of Energy shall— TIVITIES. tional laboratory or site under this section shall ‘‘(i) notify affected employees; Section 1205 of the National Defense Author- provide funds for work of such national labora- ‘‘(ii) provide an opportunity for a hearing on ization Act for Fiscal Year 2002 (Public Law tory or site, as the case may be, under this sec- the record; and 107–107; 115 Stat. 1247) is amended by adding at tion under the same terms and conditions as ‘‘(iii) notify Congress of any determination to the end the following new subsection: apply to the primary sponsor of such national grant a variance at least 60 days before the pro- ‘‘(d) ANNUAL REPORT ON IMPLEMENTATION OF laboratory under section 303(b)(1)(C) of the Fed- posed effective date of the variance or exemp- PLAN.—(1) Not later than January 31, 2003, and eral Property and Administrative Services Act of tion. each year thereafter, the President shall submit 1949 (41 U.S.C. 253(b)(1)(C)) or of such site to ‘‘(4) APPLICABILITY.—This subsection does not to Congress a report on the implementation of the extent such section applies to such site as a apply to any facility that is a component of, or the plan required by subsection (a) during the federally funded research and development cen- any activity conducted under, the Naval Nu- preceding year. ter by reason of subsection (b). clear Propulsion Program. ‘‘(2) Each report under paragraph (1) shall (2) The total amount of funds provided a na- ‘‘(5) ENFORCEMENT GUIDANCE ON STRUCTURES include— tional laboratory or site in a fiscal year under TO BE DISPOSED OF.— ‘‘(A) a discussion of progress made during the this subsection by joint sponsors other than the ‘‘(A) IN GENERAL.—In enforcing the regula- year covered by such report in the matters of the Department of Energy shall not exceed an tions under paragraph (2), the Secretary of En- plan required by subsection (a); amount equal to 25 percent of the total funds ergy shall, on a case-by-case basis, evaluate ‘‘(B) a discussion of consultations with for- provided such national laboratory or site, as the whether a building, facility, structure, or im- eign nations, and in particular the Russian case may be, in such fiscal year from all sources. provement of the Department of Energy that is July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5543 permanently closed and that is expected to be Year 2002 (Public Law 107–107; 115 Stat. 1368) is (i) address whether the MOX production ob- demolished, or title to which is expected to be amended to read as follows: jective has been met; and transferred to another entity for reuse, should ‘‘(b) SUPPORT FOR FISCAL YEARS 2003 (ii) assess progress toward meeting the obliga- undergo major retrofitting to comply with spe- THROUGH 2013.—Subject to the availability of tions of the United States under the Plutonium cific general industry standards. appropriations, the Secretary may provide for a Management and Disposition Agreement. ‘‘(B) NO EFFECT ON HEALTH AND SAFETY EN- contract extension through fiscal year 2013 simi- (D) For years after 2017, each report under FORCEMENT.—This subsection does not diminish lar to the contract extension referred to in sub- subparagraph (A) shall also include an assess- or otherwise affect— section (a)(2).’’. ment of compliance with the MOX production ‘‘(i) the enforcement of any worker health and (2) The amendment made by paragraph (1) objective and, if not in compliance, the plan of safety regulations under this section with re- shall take effect on October 1, 2002. the Secretary for achieving one of the following: spect to the surveillance and maintenance or de- Subtitle F—Disposition of Weapons-Usable (i) Compliance with such objective. (ii) Removal of all remaining defense pluto- contamination, decommissioning, or demolition Plutonium at Savannah River, South Caro- nium and defense plutonium materials from the of buildings, facilities, structures, or improve- lina ments; or State of South Carolina. ‘‘(ii) the application of any other law (includ- SEC. 3181. FINDINGS. (b) CORRECTIVE ACTIONS.—(1) If a report ing regulations), order, or contractual obliga- Congress makes the following findings: under subsection (a)(3) indicates that construc- tion. (1) In September 2000, the United States and tion or operation of the MOX facility is behind ‘‘(b) CONTRACT PENALTIES.— the Russian Federation signed a Plutonium the applicable schedule under subsection (a)(2) ‘‘(1) IN GENERAL.—The Secretary shall include Management and Disposition Agreement by by 12 months or more, the Secretary shall submit in each contract with a contractor of the De- which each agreed to dispose of 34 metric tons of to Congress, not later than August 15 of the partment provisions that provide an appropriate weapons-grade plutonium. year in which such report is submitted, a plan reduction in the fees or amounts paid to the (2) The agreement with Russia is a significant for corrective actions to be implemented by the contractor under the contract in the event of a step toward safeguarding nuclear materials and Secretary to ensure that the MOX facility violation by the contractor or contractor em- preventing their diversion to rogue states and project is capable of meeting the MOX produc- ployee of any regulation or order relating to in- terrorists. tion objective by January 1, 2009. dustrial or construction health and safety. (3) The Department of Energy plans to dispose (2) If a plan is submitted under paragraph (1) ‘‘(2) CONTENTS.—The provisions shall specify of 34 metric tons of weapons-grade plutonium in in any year after 2008, the plan shall include various degrees of violations and the amount of the United States before the end of 2019 by con- corrective actions to be implemented by the Sec- the reduction attributable to each degree of vio- verting the plutonium to a mixed-oxide fuel to retary to ensure that the MOX production ob- lation. be used in commercial nuclear power reactors. jective is met. ‘‘(c) POWERS AND LIMITATIONS.—The powers (4) The Department has formulated a plan for (3) Any plan for corrective actions under and limitations applicable to the assessment of implementing the agreement with Russia paragraph (1) or (2) shall include established civil penalties under section 234A, except for through construction of a mixed-oxide fuel fab- milestones under such plan for achieving com- subsection (d) of that section, shall apply to the rication facility, the so-called MOX facility, and pliance with the MOX production objective. assessment of civil penalties under this section. a pit disassembly and conversion facility at the (4) If, before January 1, 2009, the Secretary ‘‘(d) TOTAL AMOUNT OF PENALTIES.—In the Savannah River Site, Aiken, South Carolina. determines that there is a substantial and mate- case of an entity described in subsection (d) of (5) The United States and the State of South rial risk that the MOX production objective will section 234A, the total amount of civil penalties Carolina have a compelling interest in the safe, not be achieved by 2009 because of a failure to under subsection (a) or under subsection (a) of proper, and efficient operation of the plutonium achieve milestones set forth in the most recent section 234B in a fiscal year may not exceed the disposition facilities at the Savannah River Site. corrective action plan under this subsection, the total amount of fees paid by the Department of The MOX facility will also be economically ben- Secretary shall suspend further transfers of de- Energy to that entity in that fiscal year.’’. eficial to the State of South Carolina, and that fense plutonium and defense plutonium mate- economic benefit will not be fully realized unless SEC. 3173. ONE-YEAR EXTENSION OF AUTHORITY rials to be processed by the MOX facility until OF DEPARTMENT OF ENERGY TO PAY the MOX facility is built. such risk is addressed and the Secretary certifies VOLUNTARY SEPARATION INCEN- (6) The State of South Carolina desires to en- that the MOX production objective can be met TIVE PAYMENTS. sure that all plutonium transferred to the State by 2009. (a) IN GENERAL.—Section 3161(a) of the Na- of South Carolina is stored safely; that the full (5) If, after January 1, 2009, the Secretary de- tional Defense Authorization Act for Fiscal benefits of the MOX facility are realized as soon termines that the MOX production objective has Year 2000 (Public Law 106–65; 5 U.S.C. 5597 as possible; and, specifically, that all defense not been achieved because of a failure to note) is amended by striking ‘‘January 1, 2004’’ plutonium or defense plutonium materials trans- achieve milestones set forth in the most recent and inserting ‘‘January 1, 2005’’. ferred to the Savannah River Site either be proc- corrective action plan under this subsection, the (b) CONSTRUCTION.—The amendment made by essed or be removed expeditiously. Secretary shall suspend further transfers of de- subsection (a) may be superseded by another SEC. 3182. DISPOSITION OF WEAPONS-USABLE fense plutonium and defense plutonium mate- provision of law that takes effect after the date PLUTONIUM AT SAVANNAH RIVER rials to be processed by the MOX facility until of the enactment of this Act, and before Janu- SITE. the Secretary certifies that the MOX production ary 1, 2004, establishing a uniform system for (a) PLAN FOR CONSTRUCTION AND OPERATION objective can be met by 2009. providing voluntary separation incentives (in- OF MOX FACILITY.—(1) Not later than February (6)(A) Upon making a determination under cluding a system for requiring approval of plans 1, 2003, the Secretary of Energy shall submit to paragraph (4) or (5), the Secretary shall submit by the Office of Management and Budget) for Congress a plan for the construction and oper- to Congress a report on the options for removing employees of the Federal Government. ation of the MOX facility at the Savannah from the State of South Carolina an amount of SEC. 3174. SUPPORT FOR PUBLIC EDUCATION IN River Site, Aiken, South Carolina. defense plutonium or defense plutonium mate- THE VICINITY OF LOS ALAMOS NA- (2) The plan under paragraph (1) shall rials equal to the amount of defense plutonium TIONAL LABORATORY, NEW MEXICO. include— or defense plutonium materials transferred to (a) SUPPORT FOR FISCAL YEAR 2003.—From (A) a schedule for construction and operations the State of South Carolina after April 15, 2002. amounts authorized to be appropriated to the so as to achieve, as of January 1, 2009, and (B) Each report under subparagraph (A) shall Secretary of Energy by this title, $6,900,000 shall thereafter, the MOX production objective, and include an analysis of each option set forth in be available for payment by the Secretary for to produce 1 metric ton of mixed oxide fuel by the report, including the cost and schedule for fiscal year 2003 to the Los Alamos National Lab- December 31, 2009; and implementation of such option, and any require- oratory Foundation, a not-for-profit foundation (B) a schedule of operations of the MOX facil- ments under the National Environmental Policy chartered in accordance with section 3167(a) of ity designed so that 34 metric tons of defense Act of 1969 (42 U.S.C. 4321 et seq.) relating to the National Defense Authorization Act for Fis- plutonium and defense plutonium materials at consideration or selection of such option. cal Year 1998 (Public Law 105–85; 111 Stat. the Savannah River Site will be processed into (C) Upon submittal of a report under para- 2052). mixed oxide fuel by January 1, 2019. graph (A), the Secretary shall commence any (b) USE OF FUNDS.—The foundation referred (3)(A) Not later than February 15 each year, analysis that may be required under the Na- to in subsection (a) shall— beginning in 2004 and continuing for as long as tional Environmental Policy Act of 1969 in order (1) utilize funds provided under this section as the MOX facility is in use, the Secretary shall to select among the options set forth in the re- a contribution to the endowment fund for the submit to Congress a report on the implementa- port. foundation; and tion of the plan required by paragraph (1). (c) CONTINGENT REQUIREMENT FOR REMOVAL (2) use the income generated from investments (B) Each report under subparagraph (A) for OF PLUTONIUM AND MATERIALS FROM SAVANNAH in the endowment fund that are attributable to years before 2010 shall include— RIVER SITE.—If the MOX production objective is the payment made under this section to fund (i) an assessment of compliance with the not achieved as of January 1, 2009, the Sec- programs to support the educational needs of schedules included with the plan under para- retary shall, consistent with the National Envi- children in the public schools in the vicinity of graph (2); and ronmental Policy Act of 1969 and other applica- Los Alamos National Laboratory, New Mexico. (ii) a certification by the Secretary whether or ble laws, remove from the State of South Caro- (c) REPEAL OF SUPERSEDED AUTHORITY AND not the MOX production objective can be met by lina, for storage or disposal elsewhere— MODIFICATION OF AUTHORITY TO EXTEND CON- January 2009. (1) not later than January 1, 2011, not less TRACT.—(1) Subsection (b) of section 3136 of the (C) Each report under subparagraph (A) for than 1 metric ton of defense plutonium or de- National Defense Authorization Act for Fiscal years after 2009 shall— fense plutonium materials; and H5544 CONGRESSIONAL RECORD — HOUSE July 25, 2002

(2) not later than January 1, 2017, an amount measuring production at the MOX facility from (b) FINDINGS.—Congress makes the fol- of defense plutonium or defense plutonium ma- the date the facility is declared operational to lowing findings: terials equal to the amount of defense plutonium the Nuclear Regulatory Commission through the (1) Representative Bob Stump of Arizona or defense plutonium materials transferred to date of assessment. was elected to the House of Representatives the Savannah River Site between April 15, 2002 (2) MOX FACILITY.—The term ‘‘MOX facility’’ in 1976 for service in the 95th Congress, after and January 1, 2017, but not processed by the means the mixed-oxide fuel fabrication facility serving in the Arizona legislature for 18 MOX facility. at the Savannah River Site, Aiken, South Caro- years and serving as President of the Arizona (d) ECONOMIC AND IMPACT ASSISTANCE.—(1) If lina. State Senate from 1975 to 1976, and he has the MOX production objective is not achieved as (3) DEFENSE PLUTONIUM; DEFENSE PLUTONIUM been reelected to each subsequent Congress. of January 1, 2011, the Secretary shall pay to MATERIALS.—The terms ‘‘defense-plutonium’’ (2) A World War II combat veteran, Rep- the State of South Carolina each year beginning and ‘‘defense plutonium materials’’ mean weap- resentative Stump entered service in the on or after that date through 2016 for economic ons-usable plutonium. United States Navy in 1943, just after his and impact assistance an amount equal to SEC. 3183. STUDY OF FACILITIES FOR STORAGE 16th birthday, and served aboard the USS $1,000,000 per day until the later of— OF PLUTONIUM AND PLUTONIUM LUNGA POINT and the USS TULAGI, which (A) the passage of 100 days in such year; MATERIALS AT SAVANNAH RIVER participated in the invasions of Luzon, Iwo (B) the MOX production objective is achieved SITE. Jima, and Okinawa. in such year; or (a) STUDY.—The Defense Nuclear Facilities (3) Representative Stump was elected to (C) the Secretary has removed from the State Safety Board shall conduct a study of the ade- the Committee on Armed Services in 1978 of South Carolina in such year at least 1 metric quacy of K-Area Materials Storage facility and has served on nearly all of its sub- ton of defense plutonium or defense plutonium (KAMS), and related support facilities such as committees and panels during 25 years of dis- materials. Building 235–F, at the Savannah River Site, tinguished service on the committee. He has (2)(A) If the MOX production objective is not Aiken, South Carolina, for the storage of de- served as chairman of the committee during achieved as of January 1, 2017, the Secretary fense plutonium and defense plutonium mate- the 107th Congress and has championed shall pay to the State of South Carolina each rials in connection with the disposition program United States national security as the para- year beginning on or after that date through provided in section 3182 and in connection with mount function of the Federal Government. 2024 for economic and impact assistance an the amended Record of Decision of the Depart- (4) Also serving on the Committee on Vet- amount equal to $1,000,000 per day until the ment of Energy for fissile materials disposition. erans’ Affairs of the House of Representa- later of— (b) REPORT.—Not later than one year after tives, chairing that committee from 1995 to (i) the passage of 100 days in such year; the date of enactment of this Act, the Defense 2000, and serving on the Permanent Select (ii) the MOX production objective is achieved Nuclear Facilities Safety Board shall submit to Committee on Intelligence of the House of in such year; or Congress and the Secretary of Energy a report Representatives, including service as the (iii) the Secretary has removed from the State on the study conducted under subsection (a). ranking minority member in 1985 and 1986, of South Carolina an amount of defense pluto- (c) REPORT ELEMENTS.—The report under sub- Representative Stump has dedicated his en- nium or defense plutonium materials equal to section (b) shall— tire congressional career to steadfastly sup- the amount of defense plutonium or defense plu- (1) address— porting America’s courageous men and tonium materials transferred to the Savannah (A) the suitability of KAMS and related sup- women in uniform both on and off the battle- River Site between April 15, 2002 and January 1, port facilities for monitoring and observing any field. 2017, but not processed by the MOX facility. defense plutonium or defense plutonium mate- (5) Representative Stump’s tireless efforts (B) Nothing in this paragraph may be con- rials stored in KAMS; on behalf of those in the military and vet- (B) the adequacy of the provisions made by strued to terminate, supersede, or otherwise af- erans have been recognized with numerous the Department for remote monitoring of such fect any other requirements of this section. awards for outstanding service from active defense plutonium and defense plutonium mate- (3) The Secretary shall make payments, if duty and reserve military, veterans’ service, rials by way of sensors and for handling of re- any, under this subsection, from amounts au- military retiree, and industry organizations. trieval of such defense plutonium and defense thorized to be appropriated to the Department of (6) During his tenure as chairman of the plutonium materials; and Energy. Committee on Armed Services of the House (4) If the State of South Carolina obtains an (C) the adequacy of KAMS should such de- of Representatives, Representative Stump injunction that prohibits the Department from fense plutonium and defense plutonium mate- has— taking any action necessary for the Department rials continue to be stored at KAMS after 2019; (A) overseen the largest sustained increase to meet any deadline specified by this sub- and to defense spending since the Reagan admin- section, that deadline shall be extended for a pe- (2) include such recommendations as the De- istration; riod of time equal to the period of time during fense Nuclear Facilities Safety Board considers (B) led efforts to improve the quality of which the injunction is in effect. appropriate to enhance the safety, reliability, military life, including passage of the largest (e) FAILURE TO COMPLETE PLANNED DISPOSI- and functionality of KAMS. military pay raise since 1982; TION PROGRAM.—If on July 1 each year begin- (d) REPORTS ON ACTIONS ON RECOMMENDA- (C) supported military retirees, including ning in 2020 and continuing for as long as the TIONS.—Not later than 6 months after the date efforts to reverse concurrent receipt law and MOX facility is in use, less than 34 metric tons on which the report under subsection (b) is sub- to save the Armed Forces Retirement of defense plutonium or defense plutonium ma- mitted to Congress, and every year thereafter, Homes; terials have been processed by the MOX facility, the Secretary and the Board shall each submit (D) championed military readiness by de- the Secretary shall submit to Congress a plan to Congress a report on the actions taken by the fending military access to critical training for— Secretary in response to the recommendations, if facilities such Vieques, Puerto Rico, expand- (1) completing the processing of 34 metric tons any, included in the report. ing the National Training Center at Ft. of defense plutonium and defense plutonium TITLE XXXII—DEFENSE NUCLEAR Irwin, California, and working to restore bal- material by the MOX facility; or FACILITIES SAFETY BOARD ance between environmental concerns and (2) removing from the State of South Carolina SEC. 3201. AUTHORIZATION. military readiness requirements; an amount of defense plutonium or defense plu- (E) reinvigorated efforts to defend America tonium materials equal to the amount of defense There are authorized to be appropriated for against ballistic missiles by supporting an plutonium or defense plutonium materials trans- fiscal year 2003, $19,494,000 for the operation of increase in fiscal year 2002 of nearly 50 per- ferred to the Savannah River Site after April 15, the Defense Nuclear Facilities Safety Board cent above the fiscal year 2001 level for mis- 2002, but not processed by the MOX facility. under chapter 21 of the Atomic Energy Act of sile defense programs; and (f) REMOVAL OF MIXED-OXIDE FUEL UPON 1954 (42 U.S.C. 2286 et seq.). (F) honored America’s war heroes by ex- COMPLETION OF OPERATIONS OF MOX FACIL- SEC. 3202. AUTHORIZATION OF APPROPRIATIONS FOR THE FORMERLY USED SITES RE- panding Arlington National Cemetery, estab- ITY.—If, one year after the date on which oper- MEDIAL ACTION PROGRAM OF THE lishing a site for the Air Force Memorial, ation of the MOX facility permanently ceases CORPS OF ENGINEERS. any mixed-oxide fuel remains at the Savannah and assuring construction of the World War There is hereby authorized to be appropriated River Site, the Secretary shall submit to II Memorial. for fiscal year 2003 for the Department of the Congress— (7) In recognition of his long record of ac- Army, $140,000,000 for the formerly used sites re- (1) a report on when such fuel will be trans- complishments in enhancing the national se- medial action program of the Corps of Engi- ferred for use in commercial nuclear reactors; or curity of the United States and his legisla- neers. (2) a plan for removing such fuel from the tive victories on behalf of active duty service State of South Carolina. House amendment to Senate amend- members, reservists, guardsmen, and vet- (g) DEFINITIONS.—In this section: ment: erans, it is altogether fitting and proper that (1) MOX PRODUCTION OBJECTIVE.—The term In lieu of the matter proposed to be in- this Act be named in honor of Representa- ‘‘MOX production objective’’ means production serted by the Senate amendment, insert the tive Bob Stump of Arizona, as provided in at the MOX facility of mixed-oxide fuel from de- following: subsection (a). fense plutonium and defense plutonium mate- SECTION 1. SHORT TITLE; FINDINGS. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; rials at an average rate equivalent to not less (a) SHORT TITLE.—This Act may be cited as TABLE OF CONTENTS. than one metric ton of mixed-oxide fuel per the ‘‘Bob Stump National Defense Authoriza- (a) DIVISIONS.—This Act is organized into year. The average rate shall be determined by tion Act for Fiscal Year 2003’’. three divisions as follows: July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5545 (1) Division A—Department of Defense Au- Sec. 232. Responsibility of Missile Defense Sec. 353. Implementation of policy regarding thorizations. Agency for research, develop- certain commercial off-the- (2) Division B—Military Construction Au- ment, test, and evaluation re- shelf information technology thorizations. lated to system improvements products. (3) Division C—Department of Energy Na- of programs transferred to mili- Sec. 354. Installation and connection policy tional Security Authorizations and Other tary departments. and procedures regarding De- Authorizations. Sec. 233. Amendments to reflect change in fense Switch Network. (b) TABLE OF CONTENTS.—The table of con- name of Ballistic Missile De- Subtitle G—Other Matters tents for this Act is as follows: fense Organization to Missile Sec. 361. Distribution of monthly reports on Sec. 1. Short title; findings. Defense Agency. allocation of funds within oper- Sec. 2. Organization of Act into divisions; TITLE III—OPERATION AND ation and maintenance budget table of contents. MAINTENANCE subactivities. Sec. 3. Congressional defense committees Subtitle A—Authorization of Appropriations Sec. 362. Minimum deduction from pay of defined. Sec. 301. Operation and maintenance fund- certain members of the Armed Forces to support Armed Forces DIVISION A—DEPARTMENT OF DEFENSE ing. Sec. 302. Working capital funds. Retirement Home. AUTHORIZATIONS Sec. 303. Armed Forces Retirement Home. Sec. 363. Condition on conversion of Defense TITLE I—PROCUREMENT Subtitle B—Environmental Provisions Security Service to a working capital funded entity. Subtitle A—Authorization of Appropriations Sec. 311. Incidental taking of migratory Sec. 364. Continuation of Arsenal support Sec. 101. Army. birds during military readiness program initiative. Sec. 102. Navy and Marine Corps. activity. Sec. 365. Training range sustainment plan, Sec. 312. Military readiness and the con- Sec. 103. Air Force. Global Status of Resources and servation of protected species. Sec. 104. Defense-wide activities. Training System, and training Sec. 105. Defense Inspector General. Sec. 313. Single point of contact for policy and budgeting issues regarding range inventory. Sec. 106. Chemical demilitarization pro- Sec. 366. Amendments to certain education unexploded ordnance, discarded gram. and nutrition laws relating to military munitions, and muni- Sec. 107. Defense health programs. acquisition and improvement of tions constituents. Subtitle B—Navy Programs military housing. Subtitle C—Commissaries and Sec. 111. Shipbuilding initiative. TITLE IV—MILITARY PERSONNEL Nonappropriated Fund Instrumentalities Sec. 112. Prohibition on acquisition of AUTHORIZATIONS Sec. 321. Authority for each military depart- Champion-class, T–5 fuel tank- Subtitle A—Active Forces ers. ment to provide base operating support to fisher houses. Sec. 401. End strengths for active forces. Subtitle C—Air Force Programs Sec. 322. Use of commissary stores and MWR Sec. 402. Revision in permanent end Sec. 121. Multiyear procurement authority retail facilities by members of strength minimum levels. for C–130J aircraft program. National Guard serving in na- Sec. 403. Authority for military department Sec. 122. Reallocation of certain funds for tional emergency. Secretaries to increase active- Air Force Reserve Command F– Sec. 323. Uniform funding and management duty end strengths by up to 1 16 aircraft procurement. of morale, welfare, and recre- percent. ation programs. Sec. 404. General and flag officer manage- Subtitle D—Other Programs ment. Sec. 141. Revisions to multiyear contracting Subtitle D—Workplace and Depot Issues Sec. 405. Extension of certain authorities re- authority. Sec. 331. Notification requirements in con- lating to management of num- Sec. 142. Transfer of technology items and nection with required studies bers of general and flag officers equipment in support of home- for conversion of commercial or in certain grades. industrial type functions to land security. Subtitle B—Reserve Forces Sec. 143. Destruction of existing stockpile of contractor performance. Sec. 411. End strengths for Selected Reserve. lethal chemical agents and mu- Sec. 332. Waiver authority regarding prohi- bition on contracts for perform- Sec. 412. End strengths for reserves on ac- nitions. tive duty in support of the Re- Sec. 144. Report on unmanned aerial vehicle ance of security-guard func- tions. serves. systems. Sec. 413. End strengths for military techni- Sec. 145. Report on impact of Army Aviation Sec. 333. Exclusion of certain expenditures from percentage limitation on cians (dual status). Modernization Plan on the Sec. 414. Fiscal year 2003 limitation on non- Army National Guard. contracting for performance of depot-level maintenance and re- dual status technicians. TITLE II—RESEARCH, DEVELOPMENT, pair workloads. Subtitle C—Authorization of Appropriations TEST, AND EVALUATION Sec. 334. Repeal of obsolete provision re- Sec. 421. Authorization of appropriations for Subtitle A—Authorization of Appropriations garding depot-level mainte- military personnel. Sec. 201. Authorization of appropriations. nance and repair workloads TITLE V—MILITARY PERSONNEL POLICY that were performed at closed Sec. 202. Amount for defense science and Subtitle A—General Personnel Management technology. or realigned military installa- tions. Authorities Subtitle B—Program Requirements, Sec. 335. Clarification of required core logis- Sec. 501. Increase in number of Deputy Com- Restrictions, and Limitations tics capabilities. mandants of the Marine Corps. Sec. 211. RAH–66 Comanche aircraft pro- Subtitle E—Defense Dependents Education Sec. 502. Extension of good-of-the-service gram. waiver authority for officers Sec. 341. Assistance to local educational appointed to a Reserve Chief or Sec. 212. Extension of requirement relating agencies that benefit depend- Guard Director position. to management responsibility ents of members of the Armed for naval mine counter- Forces and Department of De- Subtitle B—Reserve Component Management measures programs. fense civilian employees. Sec. 511. Reviews of National Guard Sec. 213. Extension of authority to carry out Sec. 342. Availability of quarters allowance strength accounting and man- pilot program for revitalizing for unaccompanied defense de- agement and other issues. the laboratories and test and partment teacher required to Sec. 512. Courts-martial for the National evaluation centers of the De- reside on overseas military in- Guard when not in Federal partment of Defense. stallation. service. Sec. 214. Revised requirements for plan for Sec. 343. Provision of summer school pro- Sec. 513. Matching funds requirements under Manufacturing Technology Pro- grams for students who attend National Guard Youth Chal- gram. defense dependents’ education lenge Program. Sec. 215. Technology Transition Initiative. system. Subtitle C—Reserve Component Officer Sec. 216. Defense Acquisition Challenge Pro- Subtitle F—Information Technology Personnel Policy gram. Sec. 351. Authorized duration of base con- Sec. 521. Exemption from active status Subtitle C—Ballistic Missile Defense tract for Navy-Marine Corps strength limitation for reserve Sec. 231. Limitation on obligation of funds Intranet. component general and flag of- for procurement of Patriot Sec. 352. Annual submission of information ficers serving on active duty in (PAC–3) missiles pending sub- on national security and infor- certain joint duty assignments mission of required certifi- mation technology capital as- designated by the Chairman of cation. sets. the Joint Chiefs of Staff. H5546 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Sec. 522. Eligibility for consideration for Subtitle B—Bonuses and Special and Subtitle C—Department of Defense-Depart- promotion to grade of major Incentive Pays ment of Veterans Affairs Health Resources general for certain reserve com- Sec. 611. One-year extension of certain Sharing ponent brigadier generals who bonus and special pay authori- Sec. 721. Short title. do not otherwise qualify for ties for reserve forces. Sec. 722. Findings and sense of Congress con- consideration for promotion Sec. 612. One-year extension of certain cerning status of health re- under the one-year rule. bonus and special pay authori- sources sharing between the Sec. 523. Retention of promotion eligibility ties for certain health care pro- Department of Veterans Affairs for reserve component general fessionals. and the Department of Defense. and flag officers transferred to Sec. 613. One-year extension of special pay Sec. 723. Revised coordination and sharing an inactive status. and bonus authorities for nu- guidelines. Sec. 524. Authority for limited extension of clear officers. Sec. 724. Health care resources sharing and medical deferment of manda- Sec. 614. One-year extension of other bonus coordination project. tory retirement or separation and special pay authorities. Sec. 725. Joint review of coordination and for reserve officers. Sec. 615. Minimum levels of hardship duty sharing of health care and re- Subtitle D—Education and Training pay for duty on the ground in lated services following domes- Antarctica or on Arctic ice- Sec. 531. Authority for phased increase to tic acts of terrorism or domes- pack. tic use of weapons of mass de- 4,400 in authorized strengths for Sec. 616. Increase in maximum rates for the service academies. struction. prior service enlistment bonus. Sec. 726. Adoption by Department of Vet- Sec. 532. Enhancement of reserve component Sec. 617. Retention incentives for health delayed training program. erans Affairs of Department of care providers qualified in a Defense Pharmacy Data Trans- Sec. 533. Preparation for, participation in, critical military skill. action System. and conduct of athletic com- Subtitle C—Travel and Transportation Sec. 727. Joint pilot program for providing petitions by the National Guard Allowances graduate medical education and and members of the National training for physicians. Guard. Sec. 631. Extension of leave travel deferral period for members performing Sec. 728. Repeal of certain limits on Depart- Subtitle E—Decorations and Awards consecutive overseas tours of ment of Veterans Affairs re- Sec. 541. Waiver of time limitations for duty. sources. award of certain decorations to Subtitle D—Retired Pay and Survivors Sec. 729. Reports. certain persons. Benefits TITLE VIII—ACQUISITION POLICY, ACQUI- Sec. 542. Option to convert award of Armed Sec. 641. Phase-in of full concurrent receipt SITION MANAGEMENT, AND RELATED Forces Expeditionary Medal of military retired pay and vet- MATTERS awarded for Operation Frequent erans disability compensation Sec. 801. Plan for acquisition management Wind to Vietnam Service for military retirees with dis- professional exchange pilot pro- Medal. abilities rated at 60 percent or gram. Subtitle F—Administrative Matters higher. Sec. 802. Evaluation of training, knowledge, Sec. 551. Staffing and funding for Defense Sec. 642. Change in service requirements for and resources regarding nego- Prisoner of War/Missing Per- eligibility for retired pay for tiation of intellectual property sonnel Office. non-regular service. arrangements. Sec. 552. Three-year freeze on reductions of Sec. 643. Elimination of possible inversion in Sec. 803. Limitation period for task and de- personnel of agencies respon- retired pay cost-of-living ad- livery order contracts. sible for review and correction justment for initial COLA com- Sec. 804. One-year extension of program ap- of military records. putation. plying simplified procedures to Sec. 553. Department of Defense support for Sec. 644. Technical revisions to so-called certain commercial items; re- persons participating in mili- ‘‘forgotten widows’’ annuity port. tary funeral honors details. program. Sec. 805. Authority to make inflation ad- Sec. 554. Authority for use of volunteers as Subtitle E—Reserve Component Montgomery justments to simplified acquisi- proctors for administration of GI Bill tion threshold. Armed Services Vocational Ap- Sec. 651. Extension of Montgomery GI Bill- Sec. 806. Improvement of personnel manage- titude Battery test. Selected Reserve eligibility pe- ment policies and procedures Sec. 555. Annual report on status of female riod. applicable to the civilian acqui- sition workforce. members of the Armed Forces. Subtitle F—Other Matters Sec. 807. Modification of scope of ball and Subtitle G—Benefits Sec. 661. Addition of definition of conti- roller bearings covered for pur- Sec. 561. Voluntary leave sharing program nental United States in title 37. poses of procurement limita- for members of the Armed TITLE VII—HEALTH CARE MATTERS tion. Forces. Subtitle A—Health Care Program Sec. 808. Rapid acquisition and deployment Sec. 562. Enhanced flexibility in medical Improvements procedures. loan repayment program. Sec. 701. Elimination of requirement for Sec. 809. Quick-reaction special projects ac- Sec. 563. Expansion of overseas tour exten- TRICARE preauthorization of quisition team. sion benefits. inpatient mental health care Sec. 810. Report on development of anti- Sec. 564. Vehicle storage in lieu of transpor- for medicare-eligible bene- cyberterrorism technology. tation when member is ordered ficiaries. Sec. 811. Contracting with Federal Prison to a nonforeign duty station Sec. 702. Expansion of TRICARE Prime Re- Industries. outside continental United mote for certain dependents. Sec. 812. Renewal of certain procurement States. Sec. 703. Enabling dependents of certain technical assistance coopera- Subtitle H—Military Justice Matters members who died while on ac- tive agreements at funding lev- tive duty to enroll in the els at least sufficient to support Sec. 571. Right of convicted accused to re- existing programs. quest sentencing by military TRICARE dental program. judge. Sec. 704. Improvements regarding the De- TITLE IX—DEPARTMENT OF DEFENSE Sec. 572. Report on desirability and feasi- partment of Defense Medicare- ORGANIZATION AND MANAGEMENT bility of consolidating separate Eligible Retiree Health Care Sec. 901. Change in title of Secretary of the courses of basic instruction for Fund. Navy to Secretary of the Navy judge advocates. Sec. 705. Certification of institutional and and Marine Corps. non-institutional providers Sec. 902. Report on implementation of TITLE VI—COMPENSATION AND OTHER under the TRICARE program. United States Northern Com- PERSONNEL BENEFITS Sec. 706. Technical correction regarding mand. Subtitle A—Pay and Allowances transitional health care. Sec. 903. National defense mission of Coast Sec. 601. Increase in basic pay for fiscal year Subtitle B—Reports Guard to be included in future 2003. Sec. 711. Comptroller General report on Quadrennial Defense Reviews. Sec. 602. Expansion of basic allowance for TRICARE claims processing. Sec. 904. Change in year for submission of housing low-cost or no-cost Sec. 712. Comptroller General report on pro- Quadrennial Defense Review. moves authority to members vision of care under the Sec. 905. Report on effect of noncombat op- assigned to duty outside United TRICARE program. erations on combat readiness of States. Sec. 713. Repeal of report requirement. the Armed Forces. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5547 Sec. 906. Conforming amendment to reflect Sec. 1031. Enhanced cooperation between Sec. 1402. Military operations and over- disestablishment of Depart- United States and Russian Fed- flights at Utah Test and Train- ment of Defense Consequence eration to promote mutual se- ing Range. Management Program Integra- curity. Sec. 1403. Designation and management of tion Office. Sec. 1032. Transfer of funds to increase lands in Utah Test and Training Sec. 907. Authority to accept gifts for Na- amounts for PAC–3 missile pro- Range. tional Defense University. curement and Israeli Arrow Sec. 1404. Designation of Pilot Range Wil- TITLE X—GENERAL PROVISIONS Program. derness. Sec. 1033. Assignment of members to assist Sec. 1405. Designation of Cedar Mountain Subtitle A—Financial Matters Immigration and Naturaliza- Wilderness. Sec. 1001. Transfer authority. tion Service and Customs Serv- Sec. 1002. Authorization of supplemental ap- TITLE XV—COST OF WAR AGAINST ice. TERRORISM AUTHORIZATION propriations for fiscal year 2002. Sec. 1034. Sense of Congress on prohibition Sec. 1501. Short title. Sec. 1003. Uniform standards throughout De- of use of funds for International Sec. 1502. Amounts authorized for the War partment of Defense for expo- Criminal Court. sure of personnel to pecuniary on Terrorism. liability for loss of Government TITLE XI—CIVILIAN PERSONNEL Sec. 1503. Additional authorizations. property. MATTERS Subtitle A—Authorization of Appropriations Sec. 1101. Eligibility of Department of De- Sec. 1004. Accountable officials in the De- PART I—AUTHORIZATIONS TO TRANSFER fense nonappropriated fund em- partment of Defense. ACCOUNTS Sec. 1005. Improvements in purchase card ployees for long-term care in- Sec. 1511. War on Terrorism Operations management. surance. Sec. 1102. Extension of Department of De- Fund. Sec. 1006. Authority to transfer funds within Sec. 1512. War on Terrorism Equipment Re- a major acquisition program fense authority to make lump- sum severance payments. placement and Enhancement from procurement to RDT&E. Fund. Sec. 1007. Development and procurement of Sec. 1103. Common occupational and health standards for differential pay- Sec. 1513. General provisions applicable to financial and nonfinancial man- transfers. agement systems. ments as a consequence of expo- sure to asbestos. PART II—AUTHORIZATIONS TO SPECIFIED Subtitle B—Reports Sec. 1104. Continuation of Federal Employee ACCOUNTS Sec. 1011. After-action reports on the con- Health Benefits program eligi- Sec. 1521. Army procurement. duct of military operations con- bility. Sec. 1522. Navy and Marine Corps procure- ducted as part of Operation En- Sec. 1105. Triennial full-scale Federal wage ment. during Freedom. system wage surveys. Sec. 1523. Air Force procurement. Sec. 1012. Report on biological weapons de- Sec. 1106. Certification for Department of Sec. 1524. Defense-wide activities procure- fense and counter-prolifera- Defense professional accounting ment. tion. positions. Sec. 1525. Research, development, test, and Sec. 1013. Requirement that Department of TITLE XII—MATTERS RELATING TO evaluation, defense-wide. Defense reports to Congress be OTHER NATIONS Sec. 1526. Classified activities. accompanied by electronic Sec. 1201. Support of United Nations-spon- Sec. 1527. Global Information Grid system. version. Sec. 1528. Operation and maintenance. sored efforts to inspect and Sec. 1014. Strategic force structure plan for Sec. 1529. Military personnel. nuclear weapons and delivery monitor Iraqi weapons activi- PART III—MILITARY CONSTRUCTION systems. ties. AUTHORIZATIONS Sec. 1015. Report on establishment of a joint Sec. 1202. Strengthening the defense of Tai- national training complex and wan. Sec. 1531. Authorized military construction joint opposing forces. Sec. 1203. Administrative services and sup- and land acquisition projects. Sec. 1016. Repeal of various reports required port for foreign liaison officers. Subtitle B—Wartime Pay and Allowance of the Department of Defense. Sec. 1204. Additional countries covered by Increases loan guarantee program. Sec. 1017. Report on the role of the Depart- Sec. 1541. Increase in rate for family separa- Sec. 1205. Limitation on funding for Joint ment of Defense in supporting tion allowance. Data Exchange Center in Mos- homeland security. Sec. 1542. Increase in rates for various haz- cow. Sec. 1018. Study of short-term and long-term ardous duty incentive pays. Sec. 1206. Limitation on number of military effects of nuclear earth pene- Sec. 1543. Increase in rate for diving duty personnel in Colombia. trator weapon. special pay. Sec. 1019. Study of short-term and long-term TITLE XIII—COOPERATIVE THREAT RE- Sec. 1544. Increase in rate for imminent dan- effects of nuclear-tipped bal- DUCTION WITH STATES OF THE ger pay. listic missile interceptor. FORMER SOVIET UNION Sec. 1545. Increase in rate for career enlisted Sec. 1021. Sense of Congress on maintenance Sec. 1301. Specification of Cooperative flyer incentive pay. of a reliable, flexible, and ro- Threat Reduction programs and Sec. 1546. Increase in amount of death gra- bust strategic deterrent. funds. tuity. Subtitle C—Other Matters Sec. 1302. Funding allocations. Sec. 1547. Effective date. Sec. 1021. Sense of Congress on maintenance Sec. 1303. Prohibition against use of funds Subtitle C—Additional Provisions until submission of reports. of a reliable, flexible, and ro- Sec. 1551. Establishment of at least one Sec. 1304. Report on use of revenue gen- bust strategic deterrent. Weapons of Mass Destruction erated by activities carried out Sec. 1022. Time for transmittal of annual de- Civil Support Team in each under Cooperative Threat Re- fense authorization legislative State. duction programs. proposal. Sec. 1552. Authority for joint task forces to Sec. 1305. Prohibition against use of funds Sec. 1023. Technical and clerical amend- provide support to law enforce- for second wing of fissile mate- ments. ment agencies conducting rial storage facility. Sec. 1024. War risk insurance for vessels in counter-terrorism activities. Sec. 1306. Sense of Congress and report re- support of NATO-approved op- Sec. 1553. Sense of Congress on assistance to quirement regarding Russian erations. first responders. Sec. 1025. Conveyance, Navy drydock, Port- proliferation to Iran. Sec. 1307. Prohibition against use of Cooper- DIVISION B—MILITARY CONSTRUCTION land, Oregon. ative Threat Reduction funds AUTHORIZATIONS Sec. 1026. Additional Weapons of Mass De- outside the States of the former Sec. 2001. Short title; definition. struction Civil Support Teams. Sec. 1027. Use for law enforcement purposes Soviet Union. TITLE XXI—ARMY Sec. 1308. Limited waiver of restriction on of DNA samples maintained by Sec. 2101. Authorized Army construction use of funds. Department of Defense for iden- and land acquisition projects. Sec. 1309. Limitation on use of funds until tification of human remains. Sec. 2102. Family housing. submission of report on defense Sec. 1028. Sense of Congress concerning air- Sec. 2103. Improvements to military family and military contacts activi- craft carrier force structure. housing units. ties. Sec. 1029. Enhanced authority to obtain for- Sec. 2104. Authorization of appropriations, eign language services during TITLE XIV—UTAH TEST AND TRAINING Army. periods of emergency. RANGE Sec. 2105. Modification of authority to carry Sec. 1030. Surface combatant industrial Sec. 1401. Definition of Utah Test and Train- out certain fiscal year 2002 base. ing Range. projects. H5548 CONGRESSIONAL RECORD — HOUSE July 25, 2002 TITLE XXII—NAVY Sec. 2813. National emergency exemption Sec. 3128. Availability of funds. Sec. 2201. Authorized Navy construction and from screening and other re- Sec. 3129. Transfer of defense environmental land acquisition projects. quirements of McKinney-Vento management funds. Sec. 2202. Family housing. Homeless Assistance Act for Sec. 3130. Transfer of weapons activities Sec. 2203. Improvements to military family property used in support of re- funds. housing units. sponse activities. Sec. 3131. Scope of authority to carry out Sec. 2204. Authorization of appropriations, Sec. 2814. Demonstration program on reduc- plant projects. Navy. tion in long-term facility main- Subtitle C—Program Authorizations, Sec. 2205. Modification of authority to carry tenance costs. Restrictions, and Limitations out certain fiscal year 2002 Sec. 2815. Expanded authority to transfer Sec. 3141. One-year extension of panel to as- project. property at military installa- sess the reliability, safety, and tions to be closed to persons TITLE XXIII—AIR FORCE security of the United States who construct or provide mili- Sec. 2301. Authorized Air Force construction nuclear stockpile. tary family housing. and land acquisition projects. Sec. 3142. Transfer to National Nuclear Se- Sec. 2302. Family housing. Subtitle C—Land Conveyances curity Administration of De- Sec. 2303. Improvements to military family PART I—ARMY CONVEYANCES partment of Defense’s Coopera- housing units. Sec. 2821. Land conveyances, lands in Alaska tive Threat Reduction program Sec. 2304. Authorization of appropriations, no longer required for National relating to elimination of weap- Air Force. Guard purposes. ons grade plutonium in Russia. TITLE XXIV—DEFENSE AGENCIES Sec. 2822. Land conveyance, Fort Campbell, Sec. 3143. Repeal of requirement for reports Sec. 2401. Authorized Defense Agencies con- Kentucky. on obligation of funds for pro- struction and land acquisition Sec. 2823. Land conveyance, Army Reserve grams on fissile materials in projects. Training Center, Buffalo, Min- Russia. Sec. 2402. Improvements to military family nesota. Sec. 3144. Annual certification to the Presi- housing units. Sec. 2824. Land conveyance, Fort Bliss, dent and Congress on the condi- Sec. 2403. Energy conservation projects. Texas tion of the United States nu- Sec. 2404. Authorization of appropriations, Sec. 2825. Land conveyance, Fort Hood, clear weapons stockpile. Defense Agencies. Texas. Sec. 3145. Plan for achieving one-year readi- Sec. 2405. Modification of authority to carry Sec. 2826. Land conveyance, Fort Mon- ness posture for resumption by out certain fiscal year 2000 mouth, New Jersey. the United States of under- project. PART II—NAVY CONVEYANCES ground nuclear weapons tests. Sec. 2406. Modification of authority to carry Sec. 3146. Prohibition on development of Sec. 2831. Land conveyance, Marine Corps out certain fiscal year 1999 low-yield nuclear weapons. Air Station, Miramar, San project. Subtitle D—Matters Relating to Defense Sec. 2407. Modification of authority to carry Diego, California. Environmental Management out certain fiscal year 1997 Sec. 2832. Boundary adjustments, Marine project. Corps Base, Quantico, and Sec. 3151. Defense environmental manage- Prince William Forest Park, ment cleanup reform program. TITLE XXV—NORTH ATLANTIC TREATY Virginia. Sec. 3152. Report on status of environmental ORGANIZATION SECURITY INVESTMENT PART III—AIR FORCE CONVEYANCES management initiatives to ac- PROGRAM celerate the reduction of envi- Sec. 2841. Land conveyances, Wendover Air Sec. 2501. Authorized NATO construction ronmental risks and challenges Force Base Auxiliary Field, Ne- and land acquisition projects. posed by the legacy of the Cold vada. Sec. 2502. Authorization of appropriations, War. NATO. Subtitle D—Other Matters TITLE XXXII—DEFENSE NUCLEAR TITLE XXVI—GUARD AND RESERVE Sec. 2861. Easement for construction of FACILITIES SAFETY BOARD FORCES FACILITIES roads or highways, Marine Sec. 3201. Authorization. Sec. 2601. Authorized guard and reserve con- Corps Base, Camp Pendleton, struction and land acquisition California. TITLE XXXIII—NATIONAL DEFENSE projects. Sec. 2862. Sale of excess treated water and STOCKPILE TITLE XXVII—EXPIRATION AND wastewater treatment capacity, Sec. 3301. Authorized uses of National De- EXTENSION OF AUTHORIZATIONS Marine Corps Base, Camp fense Stockpile funds. Lejeune, North Carolina. Sec. 2701. Expiration of authorizations and TITLE XXXIV—NAVAL PETROLEUM Sec. 2863. Ratification of agreement regard- RESERVES amounts required to be speci- ing Adak Naval Complex, Alas- fied by law. ka, and related land convey- Sec. 3401. Authorization of appropriations. Sec. 2702. Extension of authorizations of cer- ances. TITLE XXXV—MARITIME ADMINISTRATION tain fiscal year 2000 projects. Sec. 2864. Special requirements for adding Sec. 2703. Extension of authorizations of cer- Sec. 3501. Authorization of appropriations military installation to closure tain fiscal year 1999 projects. for fiscal year 2003. Sec. 2704. Effective date. list. Sec. 3502. Authority to convey vessel USS SPHINX (ARL–24). TITLE XXVIII—GENERAL PROVISIONS DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS Sec. 3503. Financial assistance to States for Subtitle A—Military Construction Program AND OTHER AUTHORIZATIONS preparation of transferred obso- and Military Family Housing Changes lete ships for use as artificial TITLE XXXI—DEPARTMENT OF ENERGY Sec. 2801. Changes to alternative authority reefs. NATIONAL SECURITY PROGRAMS for acquisition and improve- Sec. 3504. Independent analysis of title XI ment of military housing. Subtitle A—National Security Programs insurance guarantee applica- Sec. 2802. Modification of authority to carry Authorizations tions. out construction projects as Sec. 3101. National Nuclear Security Admin- SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES part of environmental response istration. DEFINED. action. Sec. 3102. Environmental and other defense For purposes of this Act, the term ‘‘con- Sec. 2803. Leasing of military family hous- activities. gressional defense committees’’ means— ing in Korea. Subtitle B—Department of Energy National (1) the Committee on Armed Services and Sec. 2804. Pilot housing privatization au- Security Authorizations General Provisions the Committee on Appropriations of the Sen- thority for acquisition or con- Sec. 3120. Short title; definitions. ate; and struction of military unaccom- Sec. 3121. Reprogramming. (2) the Committee on Armed Services and panied housing. Sec. 3122. Minor construction projects. the Committee on Appropriations of the Subtitle B—Real Property and Facilities Sec. 3123. Limits on construction projects. House of Representatives. Administration Sec. 3124. Fund transfer authority. DIVISION A—DEPARTMENT OF DEFENSE Sec. 2811. Agreements with private entities Sec. 3125. Authority for conceptual and con- AUTHORIZATIONS to limit encroachments and struction design. TITLE I—PROCUREMENT other constraints on military Sec. 3126. Authority for emergency plan- training, testing, and oper- ning, design, and construction Subtitle A—Authorization of Appropriations ations. activities. SEC. 101. ARMY. Sec. 2812. Conveyance of surplus real prop- Sec. 3127. Funds available for all national Funds are hereby authorized to be appro- erty for natural resource con- security programs of the De- priated for fiscal year 2003 for procurement servation purposes. partment of Energy. for the Army as follows: July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5549 (1) For aircraft, $2,300,327,000. (2) $210,000,000 shall be available for ad- wards a successful operational test and eval- (2) For missiles, $1,693,896,000. vance procurement for cruiser conversion. uation. (3) For weapons and tracked combat vehi- (3) $185,000,000 shall be available for nu- (d) REQUIRED CERTIFICATION WITH RESPECT cles, $2,372,958,000. clear-powered submarine (SSN) engineered TO MULTIYEAR CONTRACTING CONDITIONS.—(1) (4) For ammunition, $1,320,026,000. refueling overhaul. In the case of a contract authorized by sub- (5) For other procurement, $6,119,447,000. (d) CERTIFICATION.—A certification referred section (a) of this section, a certification SEC. 102. NAVY AND MARINE CORPS. to in subsections (b) and (c) is a certification under subsection (i)(1)(A) of section 2306b of (a) NAVY.—Funds are hereby authorized to by the Secretary of the Navy that the prime title 10, United States Code, with respect to be appropriated for fiscal year 2003 for pro- contractor for the Virginia class submarine that contract may only be submitted if the curement for the Navy as follows: program has entered into a binding agree- certification includes an additional certifi- (1) For aircraft, $8,971,555,000. ment with the United States to expend from cation that each of the conditions specified (2) For weapons, including missiles and its own funds an amount not less than in subsection (a) of that section has been sat- torpedoes, $1,916,617,000. $385,000,000 for economic order quantity pro- isfied with respect to that contract. (3) For shipbuilding and conversion, curement of nuclear and nonnuclear compo- (2) Upon transmission to Congress of a cer- $9,279,494,000. nents for Virginia class submarines begin- tification referred to in paragraph (1) with (4) For other procurement, $4,527,763,000. ning in fiscal year 2003. respect to a contract authorized by sub- (b) MARINE CORPS.—Funds are hereby au- (e) MULTIYEAR PROCUREMENT AUTHORITY.— section (a), the contract may then be entered thorized to be appropriated for fiscal year (1) If the terms of an agreement described in into only after a period of 30 days has 2003 for procurement for the Marine Corps in subsection (d) between the United States and elapsed after the date of the transmission of the amount of $1,351,983,000. the prime contractor for the Virginia class such certification. (c) NAVY AND MARINE CORPS AMMUNITION.— submarine program include a requirement SEC. 122. REALLOCATION OF CERTAIN FUNDS Funds are hereby authorized to be appro- for the Secretary of the Navy to seek to ac- FOR AIR FORCE RESERVE COMMAND priated for fiscal year 2003 for procurement F–16 AIRCRAFT PROCUREMENT. quire Virginia class submarines through a Of the funds authorized to be appropriated of ammunition for the Navy and the Marine multiyear procurement contract, the Sec- Corps in the amount of $1,104,453,000. by section 103(1) that are available for pro- retary of the Navy may, in accordance with curement of F–16 aircraft for the Air Force SEC. 103. AIR FORCE. section 2306b of title 10, United States Code, Reserve Command, $14,400,000 shall be avail- Funds are hereby authorized to be appro- enter into a multiyear contract for procure- priated for fiscal year 2003 for procurement able for 36 Litening II modernization upgrade ment of Virginia class submarines, beginning kits for the F–16 block 25 and block 30 air- for the Air Force as follows: with the fiscal year 2003 program year. (1) For aircraft, $12,522,755,000. craft (rather than for Litening AT pods for (2)(A) In the case of a contract authorized such aircraft). (2) For missiles, $3,482,639,000. by paragraph (1), a certification under sub- Subtitle D—Other Programs (3) For ammunition, $1,176,864,000. section (i)(1)(A) of section 2306b of title 10, (4) For other procurement, $10,907,730,000. United States Code, with respect to that con- SEC. 141. REVISIONS TO MULTIYEAR CON- SEC. 104. DEFENSE-WIDE ACTIVITIES. tract may only be submitted if the certifi- TRACTING AUTHORITY. (a) USE OF PROCUREMENT AND ADVANCE Funds are hereby authorized to be appro- cation includes an additional certification PROCUREMENT FUNDS.—Section 2306b(i) of priated for fiscal year 2003 for Defense-wide that each of the conditions specified in sub- title 10, United States Code, is amended by procurement in the amount of $2,621,009,000. section (a) of that section has been satisfied adding at the end the following new para- SEC. 105. DEFENSE INSPECTOR GENERAL. with respect to that contract. graph: Funds are hereby authorized to be appro- (B) Upon transmission to Congress of a cer- priated for fiscal year 2003 for procurement ‘‘(4)(A) Unless otherwise authorized by law, tification referred to in subparagraph (A) the Secretary of Defense may obligate funds for the Inspector General of the Department with respect to a contract authorized by of Defense in the amount of $2,000,000. for procurement of an end item under a paragraph (1), the contract may then be en- multiyear contract for the purchase of prop- SEC. 106. CHEMICAL DEMILITARIZATION PRO- tered into only after a period of 30 days has GRAM. erty only for procurement of a complete and elapsed after the date of the transmission of usable end item. There is hereby authorized to be appro- such certification. priated for fiscal year 2003 the amount of ‘‘(B) Unless otherwise authorized by law, SEC. 112. PROHIBITION ON ACQUISITION OF the Secretary of Defense may obligate funds $1,490,199,000 for— CHAMPION-CLASS, T-5 FUEL TANK- (1) the destruction of lethal chemical appropriated for any fiscal year for advance ERS. procurement under a multiyear contract for agents and munitions in accordance with (a) PROHIBITION.—Except as provided in section 1412 of the Department of Defense the purchase of property only for the pro- subsection (b), a Champion-class fuel tanker, curement of those long-lead items necessary Authorization Act, 1986 (50 U.S.C. 1521); and known as a T-5, which features a double hull (2) the destruction of chemical warfare ma- in order to meet a planned delivery schedule and reinforcement against ice damage, may for complete major end items that are pro- teriel of the United States that is not cov- not be acquired for the Military Sealift Com- ered by section 1412 of such Act. grammed under the contract to be acquired mand or for other Navy purposes. with funds appropriated for a subsequent fis- SEC. 107. DEFENSE HEALTH PROGRAMS. (b) TERMINATION.—The prohibition in sub- cal year.’’. Funds are hereby authorized to be appro- section (a) shall not apply if the acquisition (b) EFFECTIVE DATE.—Paragraph (4) of sec- priated for fiscal year 2003 for the Depart- of a T-5 tanker is specifically authorized in a tion 2306b(i) of title 10, United States Code, ment of Defense for procurement for car- defense authorization Act that— as added by subsection (a), shall not apply rying out health care programs, projects, (1) is enacted after the date of the enact- with respect to any multiyear contract au- and activities of the Department of Defense ment of this Act; thorized by law before the date of the enact- in the total amount of $278,742,000. (2) specifically refers to subsection (a); and ment of this Act. SEC. 111. SHIPBUILDING INITIATIVE. (3) specifically states that the prohibition SEC. 142. TRANSFER OF TECHNOLOGY ITEMS AND SE OF PECIFIED HIPBUILDING U (a) U S S A - in such subsection does not apply. EQUIPMENT IN SUPPORT OF HOME- THORIZATION AMOUNT SUBJECT TO CON- Subtitle C—Air Force Programs LAND SECURITY. TRACTOR AGREEMENT.—Of the amounts au- (a) IN GENERAL.—Subchapter III of chapter SEC. 121. MULTIYEAR PROCUREMENT AUTHOR- thorized to be appropriated by section 148 of title 10, United States Code, is amend- 102(a)(3) for fiscal year 2003, $810,000,000 shall ITY FOR C–130J AIRCRAFT PROGRAM. ed by adding at the end the following new be available for shipbuilding programs of the section: Navy either in accordance with subsection (a) MULTIYEAR AUTHORITY.—Beginning ‘‘§ 2520. Transfer of technology items and (b) or in accordance with subsection (c). with the fiscal year 2003 program year, the (b) DDG–51 AUTHORIZATION IF AGREEMENT Secretary of the Air Force may, in accord- equipment in support of homeland security REACHED.—If as of the date of the enactment ance with section 2306b of title 10, United ‘‘The Secretary of Defense shall enter into of this Act the Secretary of the Navy has States Code, enter into a multiyear contract an agreement with an independent, non- submitted to Congress a certification de- for procurement of C-130J aircraft. profit, technology-oriented entity that has scribed in subsection (d), then the amount (b) LIMITATION.—The Secretary of Defense demonstrated the ability to facilitate the referred to in subsection (a) shall be avail- may not enter into a contract authorized by transfer of defense technologies, developed able for procurement of one Arleigh Burke subsection (a) until— by both the private and public sectors, to aid class (DDG-51) destroyer. (1) the Secretary submits to the congres- Federal, State, and local first responders. (c) AUTHORIZATION IF AGREEMENT NOT sional defense committees a certification de- Under the agreement the entity shall de- REACHED.—If as of the date of the enactment scribed in subsection (c); and velop and deploy technology items and of this Act the Secretary of the Navy has not (2) a period of 30 days has expired after equipment, through coordination between submitted to Congress a certification de- such certification is submitted. Government agencies and private sector, scribed in subsection (d), then the amount (c) REQUIRED CERTIFICATION AS TO commercial developers and suppliers of tech- referred to in subsection (a) shall be avail- PROGRESS TOWARD SUCCESSFUL OPERATIONAL nology, that will enhance public safety and able as follows: TEST AND EVALUATION.—A certification shall— (1) $415,000,000 shall be available for ad- under subsection (b)(1) is a certification by ‘‘(1) work in coordination with the Inter- vance procurement for Virginia class sub- the Secretary of Defense that the C-130J pro- Agency Board for Equipment Standardiza- marines. gram is making satisfactory progress to- tion and Interoperability; H5550 CONGRESSIONAL RECORD — HOUSE July 25, 2002

‘‘(2) develop technology items and equip- to Congress a report on unmanned aerial ve- (b) BASIC RESEARCH, APPLIED RESEARCH, ment that meet the standardization require- hicle systems of the Department of Defense. AND ADVANCED TECHNOLOGY DEVELOPMENT ments established by the Board; (b) MATTERS TO BE INCLUDED CONCERNING DEFINED.—For purposes of this section, the ‘‘(3) evaluate technology items and equip- UNMANNED AERIAL VEHICLE SYSTEMS.—The term ‘‘basic research, applied research, and ment that have been identified using the Secretary shall include in the report under advanced technology development’’ means standards developed by the Board and other subsection (a) the following, shown for each work funded in program elements for defense state-of-the-art technology items and equip- system referred to in that subsection: research and development under Department ment that may benefit first responders; (1) A description of the infrastructure that of Defense category 6.1, 6.2, or 6.3. the Department of Defense has (or is plan- ‘‘(4) identify and coordinate among the Subtitle B—Program Requirements, ning) for the system. public and private sectors research efforts Restrictions, and Limitations applicable to national security and home- (2) A description of the operational re- land security; quirements document (ORD) for the system. SEC. 211. RAH–66 COMANCHE AIRCRAFT PRO- ‘‘(5) facilitate the timely transfer of tech- (3) A description of the physical infrastruc- GRAM. nology items and equipment between public ture of the Department for training and bas- (a) LIMITATION.—None of the funds author- and private sources; ing. ized to be appropriated for fiscal year 2003 for ‘‘(6) eliminate redundant research efforts (4) A description of the manner in which engineering and manufacturing development with respect to technologies to be deployed the Department is interfacing with the in- for the RAH–66 Comanche aircraft program to first responders; dustrial base. may be obligated until the Secretary of the ‘‘(7) expedite the advancement of high pri- (5) A description of the acquisition plan for Army submits to the congressional defense ority projects from research through imple- the system. committees a report, prepared in coordina- mentation of initial manufacturing; and (c) SUGGESTIONS FOR CHANGES IN LAW.—The tion with the Under Secretary of Defense for ‘‘(8) establish an outreach program, in co- Secretary shall also include in the report Acquisition, Technology, and Logistics, con- ordination with the Board, with first re- under subsection (a) such suggestions as the taining an accurate estimate of funds re- sponders to facilitate awareness of available Secretary considers appropriate for changes quired to complete engineering and manufac- technology items and equipment to support in law that would facilitate the way the De- turing development for that aircraft and the crisis response.’’. partment acquires unmanned aerial vehicle new time line and plan for bringing that air- (b) DEADLINE FOR AGREEMENT.—The Sec- systems. craft to initial operational capability, as retary of Defense shall enter into the agree- SEC. 145. REPORT ON IMPACT OF ARMY AVIATION called for in the joint explanatory statement ment required by section 2520 of title 10, MODERNIZATION PLAN ON THE of the committee of conference on the bill S. United States Code (as added by subsection ARMY NATIONAL GUARD. 1438 of the One Hundred Seventh Congress (a)) not later than January 15, 2003. (a) REPORT BY CHIEF OF THE NATIONAL (at page 535 of House Report 107–333, sub- (c) STRATEGIC PLAN.—The entity described GUARD BUREAU.—Not later than February 1, mitted December 12, 2001). in section 2520 of such title shall develop a 2003, the Chief of the National Guard Bureau (b) LIMITATION ON TOTAL COST OF ENGI- strategic plan to carry out the goals de- shall submit to the Committees on Armed NEERING AND MANUFACTURING DEVELOP- scribed in such section, which shall include Services of the Senate and the House of Rep- MENT.—The total amount obligated or ex- identification of— resentatives a report on the requirements for pended for engineering and manufacturing (1) the initial technology items and equip- Army National Guard aviation. The report development under the RAH–66 Comanche ment considered for development; and shall include the following: aircraft program may not exceed (2) the program schedule timelines for such (1) An analysis of the impact of the Army $6,000,000,000. technology items and equipment. Aviation Modernization Plan on the ability (c) ADJUSTMENT OF LIMITATION AMOUNTS.— (d) REPORT REQUIRED.—Not later than of the Army National Guard to conduct its (1) Subject to paragraph (2), the Secretary of March 15, 2003, the Secretary of Defense shall aviation missions. the Army shall adjust the amount of the lim- submit to the Committees on Armed Serv- (2) The plan under that aviation mod- itation set forth in subsection (b) by the fol- ices of the Senate and the House of Rep- ernization plan for the transfer of aircraft lowing amounts: resentatives a report on— from the active component of the Army to (A) The amounts of increases or decreases (1) the actions taken to carry out such sec- the Army reserve components, including a in costs attributable to economic inflation tion 2520; timeline for those transfers. after September 30, 2002. (2) the relationship of the entity described (3) The progress, as of January 1, 2003, in (B) The amounts of increases or decreases in such section to the InterAgency Board for carrying out the transfers under the plan re- in costs attributable to compliance with Equipment Standardization and Interoper- ferred to in paragraph (2). changes in Federal, State, or local laws en- ability; and (4) An evaluation of the suitability of ex- acted after September 30, 2002. (3) the strategic plan of such entity to isting Commercial Off The Shelf (COTS) (2) Before making any adjustment under meet the goals described in such section. light-twin engine helicopters for perform- paragraph (1) in an amount greater than (e) CLERICAL AMENDMENT.—The table of ance of Army National Guard aviation mis- sections at the beginning of subchapter III of $20,000,000, the Secretary of the Army shall sions. submit to the congressional defense commit- chapter 148 of title 10, United States Code, is (b) VIEWS OF THE CHIEF OF STAFF OF THE tees notice in writing of the proposed in- amended by adding at the end the following ARMY.—If, before the report under subsection crease. new item: (a) is submitted, the Chief of the National (d) ANNUAL DOD INSPECTOR GENERAL RE- ‘‘2520. Transfer of technology items and Guard Bureau receives from the Chief of VIEW.—(1) Not later than March 1 of each equipment in support of home- Staff of the Army the views of the Chief of year, the Department of Defense Inspector land security.’’. Staff on the matters to be covered in the re- General shall review the RAH–66 Comanche port, the Chief of the Bureau shall include SEC. 143. DESTRUCTION OF EXISTING STOCKPILE aircraft program and submit to Congress a OF LETHAL CHEMICAL AGENTS AND those views with the report as submitted report on the results of the review. MUNITIONS. under subsection (a). (a) PROGRAM MANAGEMENT.—The Secretary (2) The report submitted on the program TITLE II—RESEARCH, DEVELOPMENT, each year shall include the following: of Defense shall ensure that the program for TEST, AND EVALUATION destruction of the United States stockpile of (A) The extent to which engineering and lethal chemical agents and munitions is Subtitle A—Authorization of Appropriations manufacturing development under the pro- managed as a major defense acquisition pro- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. gram is meeting the goals established for en- gram (as defined in section 2430 of title 10, Funds are hereby authorized to be appro- gineering and manufacturing development United States Code) in accordance with the priated for fiscal year 2003 for the use of the under the program, including the perform- essential elements of such programs as may Department of Defense for research, develop- ance, cost, and schedule goals. be determined by the Secretary. ment, test, and evaluation as follows: (B) The status of modifications expected to (b) REQUIREMENT FOR UNDER SECRETARY OF (1) For the Army, $6,933,319,000. have a significant effect on cost, schedule, or DEFENSE (COMPTROLLER) ANNUAL CERTIFI- (2) For the Navy, $13,274,540,000. performance of RAH–66 aircraft. CATION.—Beginning with respect to the budg- (3) For the Air Force, $18,803,184,000. (C) The plan for engineering and manufac- et request for fiscal year 2004, the Under Sec- (4) For Defense-wide activities, turing development (leading to production) retary of Defense (Comptroller) shall submit $17,413,291,000, of which $222,054,000 is author- under the program for the fiscal year that to the congressional defense committees on ized for the Director of Operational Test and begins in the following year. an annual basis a certification that the Evaluation. (D) A conclusion regarding whether the budget request for the chemical agents and SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND plan referred to in subparagraph (C) is con- munitions destruction program has been sub- TECHNOLOGY. sistent with the limitation in subsection (a). mitted in accordance with the requirements (a) FISCAL YEAR 2003.—Of the amounts au- (E) A conclusion regarding whether engi- of applicable Federal laws. thorized to be appropriated by section 201, neering and manufacturing development SEC. 144. REPORT ON UNMANNED AERIAL VEHI- $10,023,658,000 shall be available for the De- (leading to production) under the program is CLE SYSTEMS. fense Science and Technology Program, in- likely to be completed at a total cost not in (a) REPORT.—Not later than January 1, cluding basic research, applied research, and excess of the amount specified in subsection 2003, the Secretary of Defense shall submit advanced technology development projects. (a). July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5551 (3) No report is required under this sub- SEC. 215. TECHNOLOGY TRANSITION INITIATIVE. Initiative, the Manager shall provide funds section after the RAH–66 aircraft has com- (a) ESTABLISHMENT AND CONDUCT.—Chapter for each selected project in an amount deter- pleted engineering and manufacturing devel- 139 of title 10, United States Code, is amend- mined by mutual agreement between the opment. ed by inserting after section 2359 the fol- Manager and the acquisition executive of the (e) LIMITATION ON OBLIGATION OF FUNDS.— lowing new section: military department concerned, but not less Of the total amount authorized to be appro- ‘‘§ 2359a. Technology Transition Initiative than 50 percent of the total cost of the priated for the RAH–66 Comanche aircraft project. ‘‘(a) INITIATIVE REQUIRED.—The Secretary program for research, development, test, and ‘‘(3) The acquisition executive of the mili- of Defense, acting through the Under Sec- evaluation for a fiscal year, not more than 90 tary department concerned shall manage retary of Defense for Acquisition, Tech- percent of that amount may be obligated each project selected under paragraph (2) nology, and Logistics, shall carry out an ini- until the Department of Defense Inspector that is undertaken by the military depart- tiative, to be known as the Technology Tran- General submits to Congress the report re- ment. Memoranda of agreement, joint fund- sition Initiative (hereinafter in this section quired to be submitted in that fiscal year ing agreements, and other cooperative ar- referred to as the ‘Initiative’), to facilitate under subsection (d). rangements between the science and tech- the rapid transition of new technologies SEC. 212. EXTENSION OF REQUIREMENT RELAT- nology community and the acquisition com- from science and technology programs of the ING TO MANAGEMENT RESPONSI- munity shall be used in carrying out the BILITY FOR NAVAL MINE COUNTER- Department of Defense into acquisition pro- project if the acquisition executive deter- MEASURES PROGRAMS. grams of the Department for the production mines that it is appropriate to do so to Section 216(a) of the National Defense Au- of such technologies. achieve the objectives of the project. thorization Act for Fiscal Years 1992 and 1993 ‘‘(b) OBJECTIVES.—The Initiative shall have ‘‘(f) REQUIREMENT FOR PROGRAM ELE- (Public Law 102–190; 105 Stat. 1317), as most the following objectives: MENT.—In the budget justification materials recently amended by section 211 of the ‘‘(1) To accelerate the introduction of new submitted to Congress in support of the De- Strom Thurmond National Defense Author- technologies into appropriate acquisition partment of Defense budget for any fiscal ization Act for Fiscal Year 1999 (Public Law programs. year (as submitted with the budget of the 105–261; 112 Stat. 1946), is amended by strik- ‘‘(2) To successfully demonstrate new tech- President under section 1105(a) of title 31), ing ‘‘through 2003’’ and inserting ‘‘through nologies in relevant environments. the amount requested for activities of the 2008’’. ‘‘(3) To ensure that new technologies are Initiative shall be set forth in a separate pro- SEC. 213. EXTENSION OF AUTHORITY TO CARRY sufficiently mature for production. OUT PILOT PROGRAM FOR REVITAL- gram element within amounts requested for ‘‘(c) MANAGEMENT OF INITIATIVE.—(1) The IZING THE LABORATORIES AND research, development, test, and evaluation Initiative shall be managed by a senior offi- TEST AND EVALUATION CENTERS OF for Defense-wide activities. cial in the Office of the Secretary of Defense THE DEPARTMENT OF DEFENSE. ‘‘(g) DEFINITION OF ACQUISITION EXECU- designated by the Secretary (hereinafter in Section 246 of the Strom Thurmond Na- TIVE.—In this section, the term ‘acquisition tional Defense Authorization Act for Fiscal this section referred to as the ‘Manager’). In executive’, with respect to a military depart- Year 1999 (Public Law 105–261; 112 Stat. 1955; managing the Initiative, the Manager shall ment, means the official designated as the 10 U.S.C. 2358 note) is amended— report directly to the Under Secretary of De- senior procurement executive for that mili- (1) in subsection (a)(1), by inserting before fense for Acquisition, Technology, and Logis- tary department under section 16(3) of the the period at the end the following: ‘‘, and to tics. Office of Federal Procurement Policy Act (41 demonstrate improved efficiency in the per- ‘‘(2) The Secretary shall establish a board U.S.C. 414(3)).’’. formance of the research, development, test, of directors (hereinafter in this section re- (b) CLERICAL AMENDMENT.—The table of and evaluation functions of the Department ferred to as the ‘Board’), composed of the ac- sections at the beginning of such chapter is of Defense’’; quisition executive of each military depart- amended by inserting after the item relating (2) in subsection (a)(4), by striking ‘‘for a ment, the members of the Joint Require- to section 2359 the following new item: period’’ and all that follows through the pe- ments Oversight Council, and the com- ‘‘2359a. Technology Transition Initiative.’’. riod at the end and inserting ‘‘until March 1, mander of the Joint Forces Command. The 2008.’’; Board shall assist the Manager in managing SEC. 216. DEFENSE ACQUISITION CHALLENGE (3) in subsection (b)(2), by striking the Initiative. PROGRAM. ‘‘Promptly after’’ and all that follows ‘‘(3) The Secretary shall establish, under (a) IN GENERAL.—(1) Chapter 139 of title 10, through ‘‘The report shall contain’’ and in- the auspices of the Under Secretary of De- United States Code, is amended by inserting serting ‘‘Not later than December 31 of each fense for Acquisition, Technology, and Logis- after section 2359a (as added by section 215) year, the Secretary of Defense shall submit tics, a panel of highly qualified scientists the following new section: to the congressional defense committees a and engineers. The panel shall advise the ‘‘§ 2359b. Defense Acquisition Challenge Pro- report on the activities of the pilot program Under Secretary on matters relating to the gram during the preceding fiscal year. Each such Initiative. ‘‘(a) PROGRAM REQUIRED.—The Secretary of report shall contain, for each laboratory or ‘‘(d) DUTIES OF MANAGER.—The Manager Defense shall carry out a program to provide center in the pilot program,’’; and shall have following duties: opportunities for the increased introduction (4) by adding at the end of subsection (b) ‘‘(1) To identify, in consultation with the of innovative and cost-saving technology in the following new paragraph: Board, promising technologies that have acquisition programs of the Department of ‘‘(3) Not later than March 1, 2007, the Sec- been demonstrated in science and technology Defense. The program, to be known as the retary of Defense shall submit to the com- programs of the Department. Defense Acquisition Challenge Program mittees referred to in paragraph (2) the Sec- ‘‘(2) To identify potential sponsors in the (hereinafter in this section referred to as the retary’s recommendation as to whether, and Department to undertake the transition of ‘Challenge Program’), shall provide any per- to what extent, the authority to carry out such technologies into production. son or activity within or outside the Depart- the pilot program should be extended.’’. ‘‘(3) To work with the science and tech- ment of Defense with the opportunity to pro- SEC. 214. REVISED REQUIREMENTS FOR PLAN nology community and the acquisition com- pose alternatives, to be known as challenge FOR MANUFACTURING TECH- munity to develop memoranda of agreement, NOLOGY PROGRAM. proposals, at the component, subsystem, or joint funding agreements, and other coopera- (a) STREAMLINED CONTENTS OF PLAN.—Sub- system level of an existing Department of section (e) of section 2521 of title 10, United tive arrangements to provide for the transi- Defense acquisition program that would re- States Code, is amended by striking ‘‘prepare tion of such technologies into production. sult in improvements in performance, afford- a five-year plan’’ in paragraph (1) and all ‘‘(4) Provide funding support for projects ability, manufacturability, or operational that follows through the end of subparagraph selected under subsection (e). capability of that acquisition program. (B) of paragraph (2) and inserting the fol- ‘‘(e) JOINTLY FUNDED PROJECTS.—(1) The ‘‘(b) PANEL.—(1) In carrying out the Chal- lowing: ‘‘prepare and maintain a five-year acquisition executive of each military de- lenge Program, the Secretary shall establish plan for the program. partment shall identify technology projects a panel of highly qualified scientists and en- ‘‘(2) The plan shall establish the following: of that military department to recommend gineers (hereinafter in this section referred ‘‘(A) The overall manufacturing tech- for funding support under the Initiative and to as the ‘Panel’) under the auspices of the nology objectives, milestones, priorities, and shall submit to the Manager a list of such Under Secretary of Defense for Acquisition, investment strategy for the program. recommended projects, ranked in order of Technology, and Logistics. The duty of the ‘‘(B) The specific objectives of, and funding priority. Such executive shall identify such Panel shall be to carry out evaluations of for the program by, each military depart- projects, and establish priorities among such challenge proposals under subsection (c). ment and each Defense Agency participating projects, using a competitive process, on the ‘‘(2) A member of the Panel may not par- in the program.’’. basis of the greatest potential benefits in ticipate in any evaluation of a challenge pro- (b) BIENNIAL REPORT.—Such subsection is areas of interest identified by the Secretary posal under subsection (c) if at any time further amended in paragraph (3)— of that military department. within the previous five years that member (1) by striking ‘‘annually’’ and inserting ‘‘(2) The Manager, in consultation with the has, in any capacity, participated in or been ‘‘biennially’’; and Board, shall select projects for funding sup- affiliated with the acquisition program for (2) by striking ‘‘for a fiscal year’’ and in- port from among the projects on the lists which the challenge proposal is submitted. serting ‘‘for each even-numbered fiscal submitted under paragraph (1). From the ‘‘(c) EVALUATION BY PANEL.—(1) Under pro- year’’. funds made available to the Manager for the cedures prescribed by the Secretary, a person H5552 CONGRESSIONAL RECORD — HOUSE July 25, 2002 or activity within or outside the Department ‘‘2359b. Defense Acquisition Challenge Pro- thorization Act for Fiscal Year 2001 (as en- of Defense may submit challenge proposals gram.’’. acted into law by Public Law 106–398; 10 to the Panel. (b) INITIAL FUNDING.—(1) Of the funds au- U.S.C. 2431 note) is amended by striking ‘‘(2) The Panel shall carry out an evalua- thorized to be appropriated by section 201(4) ‘‘Ballistic Missile Defense Organization’’ tion of each challenge proposal submitted for Defense-wide research, development, test, each place it appears and inserting ‘‘Missile under paragraph (1) to determine each of the and evaluation for fiscal year 2003, $25,000,000 Defense Agency’’. following criteria: shall be available in program element (2) Such section is further amended in sub- ‘‘(A) Whether the challenge proposal has 0603826D8Z for the Defense Acquisition Chal- section (c) by striking ‘‘BMDO’’ and insert- merit. lenge Program required by section 2359b of ing ‘‘MDA’’. ‘‘(B) Whether the challenge proposal is title 10, United States Code, as added by sub- (3) The section heading for such section is likely to result in improvements in perform- section (a). amended to read as follows: ance, affordability, manufacturability, or (2) The funds provided under paragraph (1) ‘‘SEC. 3132. ENHANCED COOPERATION BETWEEN operational capability at the component, may be used only for review and evaluation NATIONAL NUCLEAR SECURITY AD- subsystem, or system level of the applicable of challenge proposals, and not for imple- MINISTRATION AND MISSILE DE- acquisition program. mentation of challenge proposals. FENSE AGENCY.’’. ‘‘(C) Whether the challenge proposal could Subtitle C—Ballistic Missile Defense (d) OTHER LAWS.—The following provisions be implemented rapidly in the applicable ac- SEC. 231. LIMITATION ON OBLIGATION OF FUNDS are each amended by striking ‘‘Ballistic Mis- quisition program. FOR PROCUREMENT OF PATRIOT sile Defense Organization’’ each place it ap- ‘‘(3) If the Panel determines that a chal- (PAC–3) MISSILES PENDING SUBMIS- pears and inserting ‘‘Missile Defense Agen- lenge proposal satisfies each of the criteria SION OF REQUIRED CERTIFICATION. cy’’: specified in paragraph (2), the person or ac- None of the funds appropriated for fiscal (1) Section 233 of the National Defense Au- tivity submitting that challenge proposal year 2003 for procurement of missiles for the thorization Act for Fiscal Year 1998 (Public shall be provided an opportunity to submit Army may be obligated for the Patriot Ad- Law 105–85; 10 U.S.C. 223 note). such challenge proposal for a full review and vanced Capability (PAC–3) missile program (2) Section 234 of the National Defense Au- evaluation under subsection (d). until the Secretary of Defense has submitted thorization Act for Fiscal Year 1996 (Public ‘‘(d) FULL REVIEW AND EVALUATION.—(1) to the congressional defense committees the Law 104–106; 10 U.S.C. 2431 note). Under procedures prescribed by the Sec- following: (3) Sections 235 (10 U.S.C. 2431 note) and 243 retary, for each challenge proposal sub- (1) The criteria for the transfer of responsi- (10 U.S.C. 2431 note) of the National Defense mitted for a full review and evaluation as bility for a missile defense program from the Authorization Act for Fiscal Year 1994 (Pub- provided in subsection (c)(3), the office car- Director of the Missile Defense Agency to lic Law 103–160). rying out the applicable acquisition pro- the Secretary of a military department, as TITLE III—OPERATION AND gram, and the prime system contractor car- required by section 224(b)(2) of title 10, MAINTENANCE rying out such program, shall jointly con- United States Code. Subtitle A—Authorization of Appropriations duct a full review and evaluation of the chal- (2) The notice and certification with re- lenge proposal. spect to the transfer of responsibility for the SEC. 301. OPERATION AND MAINTENANCE FUND- ING. ‘‘(2) The full review and evaluation shall, Patriot Advanced Capability (PAC–3) missile Funds are hereby authorized to be appro- independent of the determination of the program from the Director to the Secretary priated for fiscal year 2003 for the use of the Panel under subsection (c)(2), determine of the Army required by section 224(c) of Armed Forces and other activities and agen- each of the matters specified in subpara- such title. graphs (A), (B), and (C) of such subsection. cies of the Department of Defense for ex- SEC. 232. RESPONSIBILITY OF MISSILE DEFENSE penses, not otherwise provided for, for oper- ‘‘(e) ACTION UPON FAVORABLE FULL REVIEW AGENCY FOR RESEARCH, DEVELOP- AND EVALUATION.—(1) Under procedures pre- MENT, TEST, AND EVALUATION RE- ation and maintenance, in amounts as fol- scribed by the Secretary, each challenge pro- LATED TO SYSTEM IMPROVEMENTS lows: posal determined under a full review and OF PROGRAMS TRANSFERRED TO (1) For the Army, $24,159,733,000. evaluation to satisfy each of the criteria MILITARY DEPARTMENTS. (2) For the Navy, $29,428,876,000. specified in subsection (c)(2) shall be consid- Section 224(e) of title 10, United States (3) For the Marine Corps, $3,588,512,000. ered by the prime system contractor for in- Code, is amended— (4) For the Air Force, $27,299,404,000. corporation into the applicable acquisition (1) by striking ‘‘before a’’ and inserting (5) For Defense-wide activities, program as a new technology insertion at ‘‘for each’’; $14,370,037,000. the component, subsystem, or system level. (2) by striking ‘‘is’’; and (6) For the Army Reserve, $1,918,110,000. ‘‘(2) The Secretary shall encourage the (3) by striking ‘‘roles and responsibilities’’ (7) For the Naval Reserve, $1,233,759,000. adoption of each challenge proposal referred and all that follows through the period at (8) For the Marine Corps Reserve, to in paragraph (1) by providing suitable in- the end and inserting ‘‘responsibility for re- $185,532,000. centives to the office carrying out the appli- search, development, test, and evaluation re- (9) For the Air Force Reserve, $2,194,719,000. cable acquisition program and the prime sys- lated to system improvements for that pro- (10) For the Army National Guard, tem contractor carrying out such program. gram remains with the Director.’’. $4,300,767,000. ‘‘(f) ACCESS TO TECHNICAL RESOURCES.—The SEC. 233. AMENDMENTS TO REFLECT CHANGE IN (11) For the Air National Guard, Secretary shall ensure that the Panel (in NAME OF BALLISTIC MISSILE DE- $4,077,845,000. carrying out evaluations of challenge pro- FENSE ORGANIZATION TO MISSILE (12) For the Defense Inspector General, posals under subsection (c)) and each office DEFENSE AGENCY. $155,165,000. and prime system contractor (in conducting (a) TITLE 10, UNITED STATES CODE.—Title (13) For the United States Court of Appeals a full review and evaluation under sub- 10, United States Code, is amended as fol- for the Armed Forces, $9,614,000. section (d)) have the authority to call upon lows: (14) For Environmental Restoration, Army, the technical resources of the laboratories, (1) Sections 203, 223, and 224 are each $395,900,000. research, development, and engineering cen- amended by striking ‘‘Ballistic Missile De- (15) For Environmental Restoration, Navy, ters, test and evaluation activities, and fense Organization’’ each place it appears $256,948,000. other elements of the Department. and inserting ‘‘Missile Defense Agency’’. (16) For Environmental Restoration, Air ‘‘(g) ELIMINATION OF CONFLICTS OF INTER- (2)(A) The heading of section 203 is amend- Force, $389,773,000. EST.—In carrying out each evaluation under ed to read as follows: (17) For Environmental Restoration, De- subsection (c) and full review under sub- ‘‘§ 203. Director of Missile Defense Agency’’. section (d), the Secretary shall ensure the fense-wide, $23,498,000. elimination of conflicts of interest. (B) The item relating to such section in (18) For Environmental Restoration, For- ‘‘(h) REPORT.—The Secretary shall submit the table of sections at the beginning of sub- merly Used Defense Sites, $212,102,000. to Congress, with the submission of the chapter II of chapter 8 is amended to read as (19) For Overseas Humanitarian, Disaster, budget request for the Department of De- follows: and Civic Aid programs, $58,400,000. fense for each fiscal year during which the ‘‘203. Director of Missile Defense Agency.’’. (20) For Drug Interdiction and Counter- Challenge Program is carried out, a report (b) PUBLIC LAW 107–107.—(1) Section 232 of drug Activities, Defense-wide, $848,907,000. on the Challenge Program for that fiscal the National Defense Authorization Act for (21) For the Kaho’olawe Island Conveyance, year. The report shall include the number Fiscal Year 2002 (Public Law 107–107; 10 Remediation, and Environmental Restora- and scope of challenge proposals submitted, U.S.C. 2431 note) is amended by striking tion Trust Fund, $25,000,000. evaluated, subjected to full review, and ‘‘Ballistic Missile Defense Organization’’ (22) For Defense Health Program, adopted. each place it appears and inserting ‘‘Missile $14,242,541,000. ‘‘(i) SUNSET.—The authority to carry out Defense Agency’’. (23) For Cooperative Threat Reduction pro- this section shall terminate on September 30, (2) The heading for such section is amended grams, $416,700,000. 2007.’’. to read as follows: (24) For Support for International Sporting (2) The table of sections at the beginning of ‘‘SEC. 232. PROGRAM ELEMENTS FOR MISSILE DE- Competitions, Defense, $19,000,000. such chapter is amended by inserting after FENSE AGENCY.’’. SEC. 302. WORKING CAPITAL FUNDS. the item relating to section 2359a (as added (c) PUBLIC LAW 106–398.—(1) Section 3132 of Funds are hereby authorized to be appro- by section 215) the following new item: the Floyd D. Spence National Defense Au- priated for fiscal year 2003 for the use of the July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5553 Armed Forces and other activities and agen- SEC. 313. SINGLE POINT OF CONTACT FOR POL- SEC. 323. UNIFORM FUNDING AND MANAGEMENT cies of the Department of Defense for pro- ICY AND BUDGETING ISSUES RE- OF MORALE, WELFARE, AND RECRE- viding capital for working capital and re- GARDING UNEXPLODED ORDNANCE, ATION PROGRAMS. volving funds in amounts as follows: DISCARDED MILITARY MUNITIONS, (a) IN GENERAL.—Chapter 147 of title 10, AND MUNITIONS CONSTITUENTS. (1) For the Defense Working Capital Funds, United States Code, is amended by adding at Section 2701 of title 10, United States Code, the end the following new section: $1,504,956,000. is amended by adding at the end the fol- (2) For the National Defense Sealift Fund, ‘‘§ 2494. Uniform funding and management of lowing new subsection: morale, welfare, and recreation programs $934,129,000. ‘‘(k) UXO PROGRAM MANAGER.—(1) The Sec- SEC. 303. ARMED FORCES RETIREMENT HOME. retary of Defense shall establish a program ‘‘(a) AUTHORITY FOR UNIFORM FUNDING AND There is hereby authorized to be appro- manager who shall serve as the single point MANAGEMENT.—Under regulations prescribed priated for fiscal year 2003 from the Armed of contact in the Department of Defense for by the Secretary of Defense, funds appro- Forces Retirement Home Trust Fund the policy and budgeting issues involving the priated to the Department of Defense and sum of $69,921,000 for the operation of the characterization, remediation, and manage- available for morale, welfare, and recreation Armed Forces Retirement Home. ment of explosive and related risks with re- programs may be treated as nonappropriated funds and expended in accordance with laws Subtitle B—Environmental Provisions spect to unexploded ordnance, discarded military munitions, and munitions constitu- applicable to the expenditures of non- SEC. 311. INCIDENTAL TAKING OF MIGRATORY ents at defense sites (as such terms are de- appropriated funds. When made available for BIRDS DURING MILITARY READI- fined in section 2710 of this title) that pose a morale, welfare, and recreation programs NESS ACTIVITY. threat to human health or safety. under such regulations, appropriated funds Section 3 of the Migratory Bird Treaty Act ‘‘(2) The Secretary of Defense may delegate shall be considered to be nonappropriated (16 U.S.C. 704) is amended by adding at the this authority to the Secretary of a military funds for all purposes and shall remain avail- end the following new subsection: department, who may delegate the authority able until expended. ‘‘(c)(1) Section 2 shall not apply to the inci- to the Under Secretary of that military de- ‘‘(b) CONDITIONS ON AVAILABILITY.—Funds dental taking of a migratory bird by a mem- partment. The authority may not be further appropriated to the Department of Defense ber of the Armed Forces during a military delegated. may be made available to support a morale, readiness activity authorized by the Sec- ‘‘(3) The program manager may establish welfare, or recreation program only if the retary of Defense or the Secretary of the an independent advisory and review panel program is authorized to receive appro- military department concerned. that may include representatives of the Na- priated fund support and only in the ‘‘(2)(A) In this subsection, the term ‘mili- tional Academy of Sciences, nongovern- amounts the program is authorized to re- tary readiness activity’ includes— mental organizations with expertise regard- ceive. ‘‘(i) all training and operations of the ing unexploded ordnance, discarded military ‘‘(c) CONVERSION OF EMPLOYMENT POSI- Armed Forces that relate to combat; and munitions, or munitions constituents, the TIONS.—(1) The Secretary of Defense may ‘‘(ii) the adequate and realistic testing of Environmental Protection Agency, States identify positions of employees in morale, military equipment, vehicles, weapons, and (as defined in section 2710 of this title), and welfare, and recreation programs within the sensors for proper operation and suitability tribal governments. If established, the panel Department of Defense who are paid with ap- for combat use. would report annually to Congress on propriated funds whose status may be con- ‘‘(B) The term does not include— progress made by the Department of Defense verted from the status of an employee paid ‘‘(i) the routine operation of installation to address unexploded ordnance, discarded with appropriated funds to the status of an operating support functions, such as admin- military munitions, or munitions constitu- employee of a nonappropriated fund instru- istrative offices, military exchanges, com- ents at defense sites and make such rec- mentality. ‘‘(2) The status of an employee in a posi- missaries, water treatment facilities, stor- ommendations as the panel considered ap- tion identified by the Secretary under para- age facilities, schools, housing, motor pools, propriate.’’. laundries, morale, welfare, and recreation graph (1) may, with the consent of the em- Subtitle C—Commissaries and ployee, be converted to the status of an em- activities, shops, and mess halls; Nonappropriated Fund Instrumentalities ‘‘(ii) the operation of industrial activities; ployee of a nonappropriated fund instrumen- SEC. 321. AUTHORITY FOR EACH MILITARY DE- tality. An employee who does not consent to or PARTMENT TO PROVIDE BASE OPER- ‘‘(iii) the construction or demolition of fa- the conversion may not be removed from the ATING SUPPORT TO FISHER position because of the failure to provide cilities used for a purpose described in clause HOUSES. (i) or (ii).’’. such consent. Section 2493(f) of title 10, United States ‘‘(3) The conversion of an employee from SEC. 312. MILITARY READINESS AND THE CON- Code, is amended to read as follows: the status of an employee paid by appro- ‘‘(f) BASE OPERATING SUPPORT.—The Sec- SERVATION OF PROTECTED SPE- priated funds to the status of an employee of CIES. retary of a military department may provide a nonappropriated fund instrumentality (a) LIMITATION ON DESIGNATION OF CRITICAL base operating support for Fisher Houses as- shall be without a break in service for the HABITAT.—Section 4(a)(3) of the Endangered sociated with health care facilities of that concerned employee. The conversion shall Species Act of 1973 (16 U.S.C. 1533(a)(3)) is military department.’’. not entitle an employee to severance pay, amended— SEC. 322. USE OF COMMISSARY STORES AND MWR back pay or separation pay under subchapter (1) by redesignating subparagraphs (A) and RETAIL FACILITIES BY MEMBERS OF IX of chapter 55 of title 5, or be considered an (B) as clauses (i) and (ii), respectively; NATIONAL GUARD SERVING IN NA- involuntary separation or other adverse per- (2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and TIONAL EMERGENCY. sonnel action entitling an employee to any (3) by adding at the end the following: (a) ADDITIONAL BASIS FOR AUTHORIZED right or benefit under such title or any other ‘‘(B)(i) The Secretary may not designate as USE.—Section 1063a of title 10, United States Code, is amended— provision of law or regulation. critical habitat any lands or other geo- ‘‘(4) In this subsection, the term ‘an em- graphical areas owned or controlled by the (1) in subsection (a), by inserting ‘‘or na- tional emergency’’ after ‘‘federally declared ployee of a nonappropriated fund instrumen- Department of Defense, or designated for its tality’ means an employee described in sec- use, that are subject to an integrated nat- disaster’’; and (2) in subsection (c), by adding at the end tion 2105(c) of title 5.’’. ural resources management plan prepared (b) CLERICAL AMENDMENT.—The table of the following new paragraph: under section 101 of the Sikes Act (16 U.S.C. sections at the beginning of such chapter is ‘‘(3) NATIONAL EMERGENCY.—The term ‘na- 670a), if the Secretary determines that such amended by adding at the end the following tional emergency’ means a national emer- plan addresses special management consider- new item: gency declared by the President or Con- ations or protection (as those terms are used ‘‘2494. Uniform funding and management of in section 3(5)(A)(i)). gress.’’. (b) CLERICAL AMENDMENTS.—(1) The head- morale, welfare, and recreation ‘‘(ii) Nothing in this subparagraph affects ing of such section is amended to read as fol- programs.’’. the requirement to consult under section lows: Subtitle D—Workplace and Depot Issues 7(a)(2) with respect to an agency action (as that term is defined in that section). ‘‘§ 1063a. Use of commissary stores and MWR SEC. 331. NOTIFICATION REQUIREMENTS IN CON- NECTION WITH REQUIRED STUDIES ‘‘(iii) Nothing in this subparagraph affects retail facilities: members of National Guard serving in federally declared disaster or na- FOR CONVERSION OF COMMERCIAL the obligation of the Department of Defense OR INDUSTRIAL TYPE FUNCTIONS to comply with section 9 of the Endangered tional emergency’’. TO CONTRACTOR PERFORMANCE. Species Act of 1973, including the prohibition (2) The table of sections at the beginning of Subsection (c) of section 2461 of title 10, preventing extinction and taking of endan- chapter 54 of such title is amended by strik- United States Code, is amended to read as gered species and threatened species.’’. ing the item relating to section 1063a and in- follows: (b) CONSIDERATION OF EFFECTS OF DESIGNA- serting the following new item: ‘‘(c) SUBMISSION OF ANALYSIS RESULTS.—(1) TION OF CRITICAL HABITAT.—Section 4(b)(2) of ‘‘1063a. Use of commissary stores and MWR Upon the completion of an analysis of a com- the Endangered Species Act of 1973 (16 U.S.C. retail facilities: members of Na- mercial or industrial type function described 1533(b)(2)) is amended by inserting ‘‘the im- tional Guard serving in feder- in subsection (a) for possible change to per- pact on national security,’’ after ‘‘the eco- ally declared disaster or na- formance by the private sector, the Sec- nomic impact,’’. tional emergency.’’. retary of Defense shall submit to Congress a H5554 CONGRESSIONAL RECORD — HOUSE July 25, 2002 report containing the results of the analysis, ‘‘(1) are or will be performed by members of overseas area, the teacher may receive a including the results of the examinations re- the armed forces in the absence of a waiver; quarters allowance to reside in excess family quired by subsection (b)(3). or housing at the installation notwithstanding ‘‘(2) The report shall also contain the fol- ‘‘(2) were not performed at the installation the availability single room housing at the lowing: or facility before September 11, 2001.’’. installation.’’. ‘‘(A) The date when the analysis of the SEC. 333. EXCLUSION OF CERTAIN EXPENDI- (b) TECHNICAL CORRECTION TO REFLECT function was commenced. TURES FROM PERCENTAGE LIMITA- CODIFICATION.—Such section is further ‘‘(B) The Secretary’s certification that the TION ON CONTRACTING FOR PER- amended by striking ‘‘the Act of June 26, Government calculation of the cost of per- FORMANCE OF DEPOT-LEVEL MAIN- 1930 (5 U.S.C. 118a)’’ both places it appears formance of the function by Department of TENANCE AND REPAIR WORKLOADS. and inserting ‘‘section 5912 of title 5, United Defense civilian employees is based on an es- Section 2474(f)(2) of title 10, United States States Code’’. timate of the most cost effective manner for Code, is amended by striking ‘‘for fiscal SEC. 343. PROVISION OF SUMMER SCHOOL PRO- performance of the function by Department years 2002 through 2005’’. GRAMS FOR STUDENTS WHO AT- TEND DEFENSE DEPENDENTS’ EDU- of Defense civilian employees. SEC. 334. REPEAL OF OBSOLETE PROVISION RE- CATION SYSTEM. ‘‘(C) The number of Department of Defense GARDING DEPOT-LEVEL MAINTE- Section 1402(d) of the Defense Dependents’ civilian employees who were performing the NANCE AND REPAIR WORKLOADS Education Act of 1978 (20 U.S.C. 921(d)) is function when the analysis was commenced THAT WERE PERFORMED AT CLOSED OR REALIGNED MILITARY amended by striking paragraph (2) and in- and the number of such employees whose em- INSTALLATIONS. serting the following new paragraph (2): ployment was or will be terminated or other- (a) REPEAL.—Section 2469a of title 10, ‘‘(2) Individuals eligible to receive a free wise affected by changing to performance of United States Code, is repealed. public education under subsection (a) may the function by the private sector or by im- (b) CLERICAL AMENDMENT.—The table of enroll without charge in a summer school plementation of the most efficient organiza- sections at the beginning of chapter 146 of program offered under this subsection. Stu- tion of the function. such title is amended by striking the item dents who are required under section 1404 to ‘‘(D) The Secretary’s certification that the relating to section 2469a. pay tuition to enroll in a school of the de- factors considered in the examinations per- fense dependents’ education system shall formed under subsection (b)(3), and in the SEC. 335. CLARIFICATION OF REQUIRED CORE LOGISTICS CAPABILITIES. also be charged a fee, at a rate established by making of the decision regarding changing Section 2464(a)(3) of title 10, United States the Secretary, to attend a course offered as to performance of the function by the pri- Code, is amended by striking ‘‘those capa- part of the summer school program.’’. vate sector or retaining performance in the bilities that are necessary to maintain and Subtitle F—Information Technology most efficient organization of the function, repair the weapon systems’’ and inserting SEC. 351. AUTHORIZED DURATION OF BASE CON- did not include any predetermined personnel ‘‘those logistics capabilities (including ac- TRACT FOR NAVY-MARINE CORPS constraint or limitation in terms of man quisition logistics, supply management, sys- INTRANET. years, end strength, full-time equivalent po- tem engineering, maintenance, and modifica- Section 814 of the Floyd D. Spence Na- sitions, or maximum number of employees. tion management) that are necessary to sus- tional Defense Authorization Act for Fiscal ‘‘(E) A statement of the potential eco- tain the weapon systems’’. Year 2001, as enacted into law by Public Law nomic effect of implementing the decision 106–398 (114 Stat. 1654A–215) and amended by regarding changing to performance of the Subtitle E—Defense Dependents Education section 362 of Public Law 107–107 (115 Stat. function by the private sector or retaining SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL 1065), is amended— performance in the most efficient organiza- AGENCIES THAT BENEFIT DEPEND- (1) by redesignating subsection (i) as sub- tion of the function on each affected local ENTS OF MEMBERS OF THE ARMED section (j); and community, as determined in the examina- FORCES AND DEPARTMENT OF DE- (2) by inserting after subsection (h) the fol- FENSE CIVILIAN EMPLOYEES. tion under subsection (b)(3)(B)(ii). lowing new subsection (i): (a) CONTINUATION OF DEPARTMENT OF DE- ‘‘(F) A schedule for completing the change ‘‘(i) DURATION OF BASE NAVY-MARINE CORPS FENSE PROGRAM FOR FISCAL YEAR 2003.—Of to performance of the function by the pri- INTRANET CONTRACT.—Notwithstanding sec- vate sector or implementing the most effi- the amount authorized to be appropriated tion 2306c of title 10, United States Code, the cient organization of the function. pursuant to section 301(5) for operation and base contract of the Navy-Marine Corps ‘‘(G) In the case of a commercial or indus- maintenance for Defense-wide activities, Intranet contract may have a term in excess trial type function performed at a Center of $35,000,000 shall be available only for the pur- of five years, but not more than seven Industrial and Technical Excellence des- pose of providing educational agencies as- years.’’. ignated under section 2474(a) of this title or sistance to local educational agencies. SEC. 352. ANNUAL SUBMISSION OF INFORMATION an Army ammunition plant, a description of (b) NOTIFICATION.—Not later than June 30, ON NATIONAL SECURITY AND IN- the effect that the manner of performance of 2003, the Secretary of Defense shall notify FORMATION TECHNOLOGY CAPITAL the function, and administration of the re- each local educational agency that is eligible ASSETS. sulting contract if any, will have on the for educational agencies assistance for fiscal (a) REQUIREMENT TO SUBMIT INFORMA- overhead costs of the center or ammunition year 2003 of— TION.—Not later than the date that the plant, as the case may be. (1) that agency’s eligibility for the assist- President submits the budget of the United ‘‘(H) The Secretary’s certification that the ance; and States Government to Congress each year, the Secretary of Defense shall submit to entire analysis is available for examination. (2) the amount of the assistance for which ‘‘(3)(A) If a decision is made to change the that agency is eligible. Congress a description of, and relevant budg- commercial or industrial type function that (c) DISBURSEMENT OF FUNDS.—The Sec- et information on, each information tech- was the subject of the analysis to perform- retary of Defense shall disburse funds made nology and national security capital asset of ance by the private sector, the change of the available under subsection (a) not later than the Department of Defense that— function to contractor performance may not 30 days after the date on which notification (1) has an estimated life cycle cost (as begin until after the submission of the report to the eligible local educational agencies is computed in fiscal year 2003 constant dol- required by paragraph (1). provided pursuant to subsection (b). lars), in excess of $120,000,000; and ‘‘(B) Notwithstanding subparagraph (A), in (d) DEFINITIONS.—In this section: (2) has a cost for the fiscal year in which the case of a commercial or industrial type (1) The term ‘‘educational agencies assist- the description is submitted (as computed in function performed at a Center of Industrial ance’’ means assistance authorized under fiscal year 2003 constant dollars) in excess of and Technical Excellence designated under section 386(b) of the National Defense Au- $30,000,000. section 2474(a) of this title or an Army am- thorization Act for Fiscal Year 1993 (Public (b) INFORMATION TO BE INCLUDED.—The de- munition plant, the change of the function Law 102–484; 20 U.S.C. 7703 note). scription submitted under subsection (a) to contractor performance may not begin (2) The term ‘‘local educational agency’’ shall include, with respect to each such cap- until at least 60 days after the submission of has the meaning given that term in section ital asset and national security system— the report.’’. 8013(9) of the Elementary and Secondary (1) the name and identifying acronym; (2) the date of initiation; SEC. 332. WAIVER AUTHORITY REGARDING PRO- Education Act of 1965 (20 U.S.C. 7713(9)). (3) a summary of performance measure- HIBITION ON CONTRACTS FOR PER- SEC. 342. AVAILABILITY OF QUARTERS ALLOW- FORMANCE OF SECURITY-GUARD ANCE FOR UNACCOMPANIED DE- ments and metrics; FUNCTIONS. FENSE DEPARTMENT TEACHER RE- (4) the total amount of funds, by appropria- Section 2465 of title 10, United States Code, QUIRED TO RESIDE ON OVERSEAS tion account, appropriated and obligated for is amended by adding at the end the fol- MILITARY INSTALLATION. prior fiscal years, with a specific breakout of lowing new subsection: (a) AUTHORITY TO PROVIDE ALLOWANCE.— such information for the two preceding fiscal ‘‘(c) The Secretary of Defense or the Sec- Subsection (b) of section 7 of the Defense De- years; retary of a military department may waive partment Overseas Teachers Pay and Per- (5) the funds, by appropriation account, re- the prohibition under subsection (a) regard- sonnel Practices Act (20 U.S.C. 905) is amend- quested for that fiscal year; ing contracting for the performance of secu- ed by adding at the end the following new (6) each prime contractor and the work to rity-guard functions at a military installa- sentence: ‘‘If the teacher is unaccompanied be performed; tion or facility under the jurisdiction of the by dependents and is required to reside on a (7) a description of program management Secretary if such functions— United States military installation in an and management oversight; July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5555 (8) the original baseline cost and most cur- (B) interim authority for the installation SEC. 364. CONTINUATION OF ARSENAL SUPPORT rent baseline information; and and connection of telecom switches to the PROGRAM INITIATIVE. (9) a description of compliance with the Defense Switch Network may be granted. (a) EXTENSION THROUGH FISCAL YEAR provisions enacted in the Government Per- (2) Only the Assistant Secretary of Defense 2004.—Subsection (a) of section 343 of the formance Results Act of 1993 (Public Law for Command, Control, Communications, and Floyd D. Spence National Defense Authoriza- 103–62; 107 Stat. 285) and the Clinger–Cohen Intelligence, after consultation with the tion Act for Fiscal Year 2001 (as enacted into Act of 1996 (division D of Public Law 104–106; Chairman of the Joint Chiefs of Staff, may law by Public Law 106–398; 114 Stat. 1654A–65) 110 Stat. 642). approve a waiver or grant of interim author- is amended by striking ‘‘and 2002’’ and in- (c) ADDITIONAL INFORMATION TO BE IN- ity under paragraph (1). serting ‘‘through 2004’’. (b) REPORTING REQUIREMENTS.—Subsection CLUDED FOR CERTAIN SYSTEMS.—(1) For each (d) INVENTORY OF DEFENSE SWITCH NET- (g) of such section is amended— information technology and national secu- WORK.—The Secretary of Defense shall pre- (1) in paragraph (1), by striking ‘‘2002’’ and rity system of the Department of Defense pare and maintain an inventory of all inserting ‘‘2004’’; and that has a cost for the fiscal year in excess telecom switches that, as of the date on (2) in paragraph (2), by striking the first of $2,000,000, the Secretary shall identify that which the Secretary issues the policy and sentence and inserting the following new system by name, function, and total funds procedures— sentence: ‘‘Not later than July 1, 2003, the requested for the system. (1) are installed or connected to the De- Secretary of the Army shall submit to the (2) For each information technology and fense Switch Network; but congressional defense committees a report national security system of the Department (2) have not been tested, validated, and cer- on the results of the demonstration program of Defense that has a cost for the fiscal year tified by the Defense Information Systems since its implementation, including the Sec- in excess of $10,000,000, the Secretary shall Agency (Joint Interoperability Test Center). identify that system by name, function, and retary’s views regarding the benefits of the (e) TELECOM SWITCH DEFINED.—In this sec- total funds requested (by appropriation ac- program for Army manufacturing arsenals tion, the term ‘‘telecom switch’’ means hard- count) for that fiscal year, the funds appro- and the Department of the Army and the ware or software designed to send and re- priated for the preceding fiscal year, and the success of the program in achieving the pur- ceive voice, data, and video signals across a funds estimated to be requested for the next poses specified in subsection (b).’’. network. fiscal year. SEC. 365. TRAINING RANGE SUSTAINMENT PLAN, (d) DEFINITIONS.—In this section: Subtitle G—Other Matters GLOBAL STATUS OF RESOURCES AND TRAINING SYSTEM, AND TRAIN- (1) The term ‘‘information technology’’ has SEC. 361. DISTRIBUTION OF MONTHLY REPORTS ING RANGE INVENTORY. the meaning given that term in section 5002 ON ALLOCATION OF FUNDS WITHIN of the Clinger–Cohen Act of 1996 (40 U.S.C. OPERATION AND MAINTENANCE (a) PLAN REQUIRED.—(1) The Secretary of 1401(3)). BUDGET SUBACTIVITIES. Defense shall develop a comprehensive plan (2) The term ‘‘capital asset’’ has the mean- (a) DESIGNATION OF RECIPIENTS.—Sub- for using existing authorities available to ing given that term in Office of Management section (a) of section 228 of title 10, United the Secretary of Defense and the Secretaries and Budget Circular A–11. States Code, is amended by striking ‘‘to Con- of the military departments to address prob- (3) The term ‘‘national security system’’ gress’’ and inserting ‘‘to the congressional lems created by limitations on the use of has the meaning given that term in section defense committees’’. military lands, marine areas, and airspace reserved, withdrawn, or designated for train- 5142 of the Clinger–Cohen Act of 1996 (40 (b) CONGRESSIONAL DEFENSE COMMITTEES ing and testing activities by, for, or on be- U.S.C. 1452). DEFINED.—Subsection (e) of such section is half of the Armed Forces. SEC. 353. IMPLEMENTATION OF POLICY REGARD- amended— (2) The plan shall include the following: ING CERTAIN COMMERCIAL OFF- (1) by striking ‘‘(e) O&M BUDGET ACTIVITY (A) Goals and milestones for tracking THE-SHELF INFORMATION TECH- DEFINED.—For purposes of this section, the’’ planned actions and measuring progress. NOLOGY PRODUCTS. and inserting the following: The Secretary of Defense shall ensure (B) Projected funding requirements for im- ‘‘(e) DEFINITIONS.—In this section: that— plementing planned actions. ‘‘(1) The’’; and (1) the Department of Defense implements (C) Designation of an office in the Office of (2) by adding at the end the following: the policy established by the Committee on the Secretary of Defense and each of the ‘‘(2) The term ‘congressional defense com- National Security Systems (formerly the Na- military departments that will have lead re- mittees’ means the Committee on Armed tional Security Telecommunications and In- sponsibility for overseeing implementation Services and the Committee on Appropria- formation Systems Security Committee) of the plan. tions of the Senate and the Committee on that limits the acquisition by the Federal (3) The Secretary of Defense shall submit Armed Services and the Committee on Ap- Government of all commercial off-the-shelf the plan to Congress at the same time as the propriations of the House of Representa- information assurance and information as- President submits the budget for fiscal year tives.’’. surance-enabled information technology 2004 and shall submit an annual report to products to those products that have been SEC. 362. MINIMUM DEDUCTION FROM PAY OF Congress describing the progress made in im- evaluated and validated in accordance with CERTAIN MEMBERS OF THE ARMED plementing the plan and any additional en- appropriate criteria, schemes, or programs; FORCES TO SUPPORT ARMED croachment problems. FORCES RETIREMENT HOME. and (b) READINESS REPORTING IMPROVEMENT.— (2) implementation of such policy includes Section 1007(i) of title 37, United States Not later than June 30, 2003, the Secretary of uniform enforcement procedures. Code, is amended— Defense, using existing measures within the (1) in paragraph (1), by striking ‘‘an authority of the Secretary, shall submit to SEC. 354. INSTALLATION AND CONNECTION POL- amount (determined under paragraph (3)) not ICY AND PROCEDURES REGARDING Congress a report on the plans of the Depart- DEFENSE SWITCH NETWORK. to exceed $1.00.’’ and inserting ‘‘an amount ment of Defense to improve the Global Sta- (a) ESTABLISHMENT OF POLICY AND PROCE- equal to $1.00 and such additional amount as tus of Resources and Training System— DURES.—Not later than 180 days after the may be determined under paragraph (3).’’; (1) to better reflect the increasing chal- date of the enactment of this Act, the Sec- and lenges units of the Armed Forces must over- retary of Defense shall establish clear and (2) in paragraph (3)— come to achieve training requirements; and uniform policy and procedures, applicable to (A) by striking ‘‘the amount’’ in the first (2) to quantify the extent to which en- the military departments and Defense Agen- sentence and inserting ‘‘the additional croachment and other individual factors are cies, regarding the installation and connec- amount’’; and making military lands, marine areas, and tion of telecom switches to the Defense (B) by striking ‘‘The amount’’ in the sec- airspace less available to support unit ac- Switch Network. ond sentence and inserting ‘‘The additional complishment of training plans and readi- (b) ELEMENTS OF POLICY AND PROCE- amount’’. ness goals. DURES.—The policy and procedures shall ad- SEC. 363. CONDITION ON CONVERSION OF DE- (c) TRAINING RANGE INVENTORY.—The Sec- dress at a minimum the following: FENSE SECURITY SERVICE TO A retary of Defense shall develop and maintain (1) Clear interoperability and compat- WORKING CAPITAL FUNDED ENTITY. a training range data bank for each of the ibility requirements for certifying, install- The Secretary of Defense may not convert Armed Forces— ing, and connecting telecom switches to the the Defense Security Service to a working (1) to identify all available operational Defense Switch Network. capital funded entity of the Department of training ranges; (2) Current, complete, and enforceable test- Defense unless the Secretary submits, in ad- (2) to identify all training capacities and ing, validation, and certification procedures vance, to the Committee on Armed Services capabilities available at each training range; needed to ensure the interoperability and of the House of Representatives and the (3) to identify all current encroachment compatibility requirements are satisfied. Committee on Armed Services of the Senate threats or other potential limitations on (c) EXCEPTIONS.—(1) The Secretary of De- a certification that the Defense Security training that are, or are likely to, adversely fense may specify certain circumstances in Service has the financial systems in place to affect training and readiness; and which— fully support operation of the Defense Secu- (4) to provide a point of contact for each (A) the requirements for testing, valida- rity Service as a working capital funded en- training range. tion, and certification of telecom switches tity under section 2208 of title 10, United (d) GAO EVALUATION.—(1) With respect to may be waived; or States Code. each report submitted under this section, the H5556 CONGRESSIONAL RECORD — HOUSE July 25, 2002

Comptroller General shall submit to Con- (1) in paragraph (1), by striking ‘‘480,000’’ TIONS.—(1) The Secretary of Defense shall gress, within 60 days after receiving the re- and inserting ‘‘484,800’’; submit to Congress a report containing any port, an evaluation of the report. (2) in paragraph (2), by striking ‘‘376,000’’ recommendations of the Secretary (together (e) ARMED FORCES DEFINED.—In this sec- and inserting ‘‘379,457’; with the rationale of the Secretary for the tion, the term ‘‘Armed Forces’’ means the (3) in paragraph (3), by striking ‘‘172,600’’ recommendations) concerning the following: Army, Navy, Air Force, and Marine Corps. and inserting ‘‘175,000’’; and (A) Revision of the limitations on general SEC. 366. AMENDMENTS TO CERTAIN EDUCATION (4) in paragraph (4), by striking ‘‘358,800’’ and flag officer grade authorizations and dis- AND NUTRITION LAWS RELATING TO and inserting ‘‘360,795’’. tribution in grade prescribed by sections 525, ACQUISITION AND IMPROVEMENT (b) EFFECTIVE DATE.—The amendments 526, and 12004 of title 10, United States Code. OF MILITARY HOUSING. made by subsection (a) shall take effect on (B) Statutory designation of the positions (a) ELIGIBILITY FOR HEAVILY IMPACTED October 1, 2002, or the date of the enactment and grades of any additional general and flag LOCAL EDUCATIONAL AGENCIES AFFECTED BY of this Act, whichever is later. officers in the commands specified in chapter PRIVATIZATION OF MILITARY HOUSING.—Sec- tion 8003(b)(2) of the Elementary and Sec- SEC. 403. AUTHORITY FOR MILITARY DEPART- 1006 of title 10, United States Code, and the ondary Education Act of 1965 (20 U.S.C. MENT SECRETARIES TO INCREASE reserve component offices specified in sec- ACTIVE-DUTY END STRENGTHS BY tions 3038, 5143, 5144, and 8038 of such title. 7703(b)(2)) is amended by adding at the end UP TO 1 PERCENT. the following: (2) The provisions of subsection (b) through (a) SERVICE SECRETARY AUTHORITY.—Sec- ‘‘(H) ELIGIBILITY FOR HEAVILY IMPACTED (e) of section 1213 of the National Defense tion 115 of title 10, United States Code, is Authorization Act for Fiscal Year 1997 (Pub- LOCAL EDUCATIONAL AGENCIES AFFECTED BY amended by inserting after subsection (e) the PRIVATIZATION OF MILITARY HOUSING.— lic Law 104–201; 110 Stat. 2694) shall apply to following new subsection: the report under paragraph (1) in the same ‘‘(i) ELIGIBILITY.—For any fiscal year be- ‘‘(f) Upon determination by the Secretary manner as they applied to the report re- ginning with fiscal year 2003, a heavily im- of a military department that such action quired by subsection (a) of that section. pacted local educational agency that re- would enhance manning and readiness in es- ceived a basic support payment under sub- sential units or in critical specialties or rat- (e) EFFECTIVE DATE.—The amendments paragraph (A) for the prior fiscal year, but is ings, the Secretary may increase the end made by subsections (a), (b), and (c) shall ineligible for such payment for the current strength authorized pursuant to subsection take effect on the date of the receipt by Con- fiscal year under subparagraph (B) or (C), as (a)(1)(A) for a fiscal year for the armed force gress of the report required by subsection the case may be, by reason of the conversion under the jurisdiction of that Secretary or, (d). of military housing units to private housing in the case of the Secretary of the Navy, for SEC. 405. EXTENSION OF CERTAIN AUTHORITIES described in clause (iii), shall be deemed to any of the armed forces under the jurisdic- RELATING TO MANAGEMENT OF meet the eligibility requirements under sub- tion of that Secretary. Any such increase for NUMBERS OF GENERAL AND FLAG paragraph (B) or (C), as the case may be, for a fiscal year— OFFICERS IN CERTAIN GRADES. the period during which the housing units ‘‘(1) shall be by a number equal to not (a) SENIOR JOINT OFFICER POSITIONS.—Sec- are undergoing such conversion. more than 1 percent of such authorized end tion 604(c) of title 10, United States Code, is ‘‘(ii) AMOUNT OF PAYMENT.—The amount of strength; and amended by striking ‘‘September 30, 2003’’ a payment to a heavily impacted local edu- ‘‘(2) shall be counted as part of the increase and inserting ‘‘December 31, 2004’’. cational agency for a fiscal year by reason of for that armed force for that fiscal year au- (b) DISTRIBUTION OF OFFICERS ON ACTIVE the application of clause (i), and calculated thorized under subsection (c)(1).’’. DUTY IN GENERAL AND FLAG OFFICER in accordance with subparagraph (D) or (E) (b) EFFECTIVE DATE.—Subsection (f) of sec- GRADES.—Section 525(b)(5)(C) of such title is (as the case may be), shall be based on the tion 115 of title 10, United States Code, as amended by striking ‘‘September 30, 2003’’ number of children in average daily attend- added by subsection (a), shall take effect on and inserting ‘‘December 31, 2004’’. ance in the schools of such agency for the October 1, 2002, or the date of the enactment (c) AUTHORIZED STRENGTH FOR GENERAL fiscal year. of this Act, whichever is later. AND FLAG OFFICERS ON ACTIVE DUTY.—Sec- ‘‘(iii) CONVERSION OF MILITARY HOUSING SEC. 404. GENERAL AND FLAG OFFICER MANAGE- tion 526(b)(3) of such title is amended by UNITS TO PRIVATE HOUSING DESCRIBED.—For MENT. striking ‘‘October 1, 2002’’ and inserting ‘‘De- purposes of clause (i), ‘conversion of military (a) EXCLUSION OF SENIOR MILITARY ASSIST- cember 31, 2004’’. housing units to private housing’ means the ANT TO THE SECRETARY OF DEFENSE FROM Subtitle B—Reserve Forces conversion of military housing units to pri- LIMITATION ON ACTIVE DUTY OFFICERS IN vate housing units pursuant to subchapter GRADES ABOVE MAJOR GENERAL AND REAR SEC. 411. END STRENGTHS FOR SELECTED RE- IV of chapter 169 of title 10, United States ADMIRAL.—Effective on the date specified in SERVE. Code, or pursuant to any other related provi- subsection (e), section 525(b) of title 10, (a) IN GENERAL.—The Armed Forces are au- sion of law.’’. United States Code, is amended by adding at thorized strengths for Selected Reserve per- (b) EXCLUSION OF CERTAIN MILITARY BASIC the end the following new paragraph: sonnel of the reserve components as of Sep- ALLOWANCES FOR HOUSING FOR DETERMINA- ‘‘(8) An officer while serving in a position tember 30, 2003, as follows: TION OF ELIGIBILITY FOR FREE AND REDUCED designated by the Secretary of Defense as (1) The Army National Guard of the United PRICE MEALS.—Section 9(b)(3) of the Richard Senior Military Assistant to the Secretary of B. Russell National School Lunch Act (42 States, 350,000. Defense, if serving in the grade of lieutenant U.S.C. 1758(b)(3)) is amended by adding at the (2) The Army Reserve, 205,000. general or vice admiral, is in addition to the end the following: ‘‘For the one-year period (3) The Naval Reserve, 87,800. number that otherwise would be permitted beginning on the date of the enactment of (4) The Marine Corps Reserve, 39,558. this sentence, the amount of a basic allow- for that officer’s armed force for that grade (5) The Air National Guard of the United ance provided under section 403 of title 37, under paragraph (1) or (2). Only one officer States, 106,600. United States Code, on behalf of an indi- may be designated as Senior Military Assist- (6) The Air Force Reserve, 75,600. vidual who is a member of the uniformed ant to the Secretary of Defense for purposes (7) The Coast Guard Reserve, 9,000. services for housing that is acquired or con- of this paragraph.’’. (b) ADJUSTMENTS.—The end strengths pre- structed under the authority of subchapter (b) INCREASE IN NUMBER OF LIEUTENANT scribed by subsection (a) for the Selected Re- IV of chapter 169 of title 10, United States GENERALS AUTHORIZED FOR THE MARINE serve of any reserve component shall be pro- Code, or any other related provision of law, CORPS.—Effective on the date specified in portionately reduced by— shall not be considered to be income for pur- subsection (e), paragraph (2)(B) of such sec- (1) the total authorized strength of units poses of determining the eligibility of a child tion is amended by striking ‘‘16.2 percent’’ organized to serve as units of the Selected of the individual for free or reduced price and inserting ‘‘17.5 percent’’. Reserve of such component which are on ac- lunches under this Act.’’. (c) GRADE OF CHIEF OF VETERINARY CORPS tive duty (other than for training) at the end OF THE ARMY.—(1) Effective on the date spec- TITLE IV—MILITARY PERSONNEL of the fiscal year; and ified in subsection (e), chapter 307 of such (2) the total number of individual members AUTHORIZATIONS title is amended by adding at the end the fol- Subtitle A—Active Forces not in units organized to serve as units of lowing new section: the Selected Reserve of such component who SEC. 401. END STRENGTHS FOR ACTIVE FORCES. ‘‘§ 3084. Chief of Veterinary Corps: grade are on active duty (other than for training or The Armed Forces are authorized ‘‘The Chief of the Veterinary Corps of the for unsatisfactory participation in training) strengths for active duty personnel as of Army serves in the grade of brigadier gen- without their consent at the end of the fiscal September 30, 2003, as follows: eral. An officer appointed to that position year. (1) The Army, 484,800. who holds a lower grade shall be appointed in (2) The Navy, 379,457. Whenever such units or such individual the grade of brigadier general.’’. (3) The Marine Corps, 175,000. members are released from active duty dur- (2) The table of sections at the beginning of (4) The Air Force, 360,795. ing any fiscal year, the end strength pre- such chapter is amended by adding at the scribed for such fiscal year for the Selected SEC. 402. REVISION IN PERMANENT END end the following new item: STRENGTH MINIMUM LEVELS. Reserve of such reserve component shall be (a) REVISED END STRENGTH FLOORS.—Sec- ‘‘3084. Chief of Veterinary Corps: grade.’’. proportionately increased by the total au- tion 691(b) of title 10, United States Code, is (d) REVIEW OF ACTIVE DUTY AND RESERVE thorized strengths of such units and by the amended— GENERAL AND FLAG OFFICER AUTHORIZA- total number of such individual members. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5557 SEC. 412. END STRENGTHS FOR RESERVES ON AC- SEC. 502. EXTENSION OF GOOD-OF-THE-SERVICE adopt the same policy as the Army for such TIVE DUTY IN SUPPORT OF THE RE- WAIVER AUTHORITY FOR OFFICERS administrative actions. SERVES. APPOINTED TO A RESERVE CHIEF SEC. 512. COURTS-MARTIAL FOR THE NATIONAL Within the end strengths prescribed in sec- OR GUARD DIRECTOR POSITION. GUARD WHEN NOT IN FEDERAL tion 411(a), the reserve components of the (a) WAIVER OF REQUIREMENT FOR SIGNIFI- SERVICE. Armed Forces are authorized, as of Sep- CANT JOINT DUTY EXPERIENCE.—Sections (a) MANNER OF PRESCRIBING PUNISH- tember 30, 2003, the following number of Re- 3038(b)(4), 5143(b)(4), 5144(b)(4), 8038(b)(4), and MENTS.—Section 326 of title 32, United States serves to be serving on full-time active duty 10506(a)(3)(D) of title 10, United States Code, Code, is amended by adding at the end the or full-time duty, in the case of members of are each amended by striking ‘‘October 1, following new sentence: ‘‘Punishments shall the National Guard, for the purpose of orga- 2003’’ and inserting ‘‘December 31, 2004’’. be as provided by the laws of the respective (b) REPORT ON FUTURE IMPLEMENTATION OF nizing, administering, recruiting, instruct- States and Territories, Puerto Rico, and the REQUIREMENT.—Not later than one year after ing, or training the reserve components: District of Columbia.’’. the date of the enactment of this Act, the (1) The Army National Guard of the United (b) CONVENING AUTHORITY.—Section 327 of Secretary of Defense shall submit to the States, 24,562. such title is amended to read as follows: Committee on Armed Services of the Senate (2) The Army Reserve, 14,070. ‘‘§ 327. Courts-martial of National Guard not and the Committee on Armed Services of the in Federal service: convening authority (3) The Naval Reserve, 14,572. House of Representatives a report setting (4) The Marine Corps Reserve, 2,261. forth the steps being taken (and proposed to ‘‘(a) In the National Guard not in Federal (5) The Air National Guard of the United be taken) by the Secretary, the Secretaries service, general, special, and summary States, 11,697. of the military departments, and the Chair- courts-martial may be convened as provided by the laws of the States and Territories, (6) The Air Force Reserve, 1,498. man of the Joint Chiefs of Staff to ensure Puerto Rico, and the District of Columbia. SEC. 413. END STRENGTHS FOR MILITARY TECH- that no further extension of the waiver au- NICIANS (DUAL STATUS). ‘‘(b) In addition to convening authorities thority under the sections amended by sub- as provided under subsection (a), in the Na- The minimum number of military techni- section (a) is required and that after Decem- tional Guard not in Federal service— cians (dual status) as of the last day of fiscal ber 31, 2004, appointment of officers to serve ‘‘(1) general courts-martial may be con- year 2003 for the reserve components of the in the positions covered by those sections vened by the President; Army and the Air Force (notwithstanding shall be made from officers with the req- ‘‘(2) special courts-martial may be section 129 of title 10, United States Code) uisite joint duty experience. convened— shall be the following: Subtitle B—Reserve Component Management ‘‘(A) by the commanding officer of a garri- (1) For the Army National Guard of the SEC. 511. REVIEWS OF NATIONAL GUARD son, fort, post, camp, air base, auxiliary air United States, 24,102. STRENGTH ACCOUNTING AND MAN- base, or other place where troops are on (2) For the Army Reserve, 6,599. AGEMENT AND OTHER ISSUES. duty; or (3) For the Air National Guard of the (a) COMPTROLLER GENERAL ASSESSMENTS.— ‘‘(B) by the commanding officer of a divi- United States, 22,495. Not later than one year after the date of the sion, brigade, regiment, wing, group, de- (4) For the Air Force Reserve, 9,911. enactment of this Act, the Comptroller Gen- tached battalion, separate squadron, or other SEC. 414. FISCAL YEAR 2003 LIMITATION ON NON- eral shall submit to Congress a report on detached command; and DUAL STATUS TECHNICIANS. management of the National Guard. The re- ‘‘(3) summary courts-martial may be (a) ARMY.—The number of non-dual status port shall include the following: convened— technicians employed by the reserve compo- (1) The Comptroller General’s assessment ‘‘(A) by the commanding officer of a garri- nents of the Army as of September 30, 2003, of the effectiveness of the implementation of son, fort, post, camp, air base, auxiliary air may not exceed the following: Department of Defense plans for improving base, or other place where troops are on (1) For the Army Reserve, 995. management and accounting for personnel duty; or (2) For the Army National Guard of the strengths in the National Guard, including ‘‘(B) by the commanding officer of a divi- United States, 1,600, to be counted within the an assessment of the process that the De- sion, brigade, regiment, wing, group, de- limitation specified in section 10217(c)(2) of partment of Defense, the National Guard Bu- tached battalion, detached squadron, de- title 10, United States Code. reau, the Army National Guard and State- tached company, or other detachment.’’. (b) AIR FORCE.—The number of non-dual level National Guard leadership, and leader- (2) The item relating to such section in the status technicians employed by the reserve ship in the other reserve components have table of sections at the beginning of chapter components of the Army and the Air Force for identifying and addressing in a timely 3 of such title is amended to read as follows: as of September 30, 2003, may not exceed the manner specific units in which nonparticipa- ‘‘327. Courts-martial of National Guard not following: tion rates are significantly in excess of the in Federal service: convening (1) For the Air Force Reserve, 90. established norms. authority.’’. (2) The Comptroller General’s assessment (2) For the Air National Guard of the (c) REPEAL OF SUPERSEDED AND OBSOLETE of the effectiveness of the process for Federal United States, 350, to be counted within the PROVISIONS.— recognition of senior National Guard officers limitation specified in section 10217(c)(2) of (1) Sections 328, 329, 330, 331, 332, and 333 of and recommendations for improvement to title 10, United States Code. title 32, United States Code, are repealed. that process. (c) NON-DUAL STATUS TECHNICIANS DE- (2) The table of sections at the beginning of (3) The Comptroller General’s assessment FINED.—In this section, the term ‘‘non-dual chapter 3 of such title is amended by strik- of the process for, and the nature and extent status technician’’ has the meaning given ing the items relating to sections 328, 329, of, the administrative or judicial corrective that term in section 10217(a) of title 10, 330, 331, 332, and 333. action taken by the Secretary of Defense, United States Code. (d) PREPARATION OF MODEL STATE CODE OF the Secretary of the Army, and the Sec- (d) TECHNICAL AMENDMENTS.—Effective Oc- MILITARY JUSTICE AND MODEL STATE MANUAL retary of the Air Force as a result of Inspec- tober 1, 2002, section 10217(c)(2) of title 10, FOR COURTS-MARTIAL.—(1) The Secretary of tor General investigations or other inves- United States Code, is amended— Defense shall prepare, for consideration for tigations in which allegations against senior (1) in the first sentence, by striking ‘‘Effec- enactment by the States, a model State code National Guard officers are substantiated in tive October 1, 2002, the’’ and inserting of military justice and a model State manual whole or in part. ‘‘The’’; and of courts-martial for use with respect to the (4) The Comptroller General’s determina- (2) in the second sentence, by striking National Guard not in Federal service. Both tion of the effectiveness of the Federal pro- ‘‘after the preceding sentence takes effect’’. such models shall be consistent with the rec- tections provided for members or employees ommendations contained in the report, Subtitle C—Authorization of Appropriations of the National Guard who report allegations issued in 1998, by the panel known as the De- SEC. 421. AUTHORIZATION OF APPROPRIATIONS of waste, fraud, abuse, or mismanagement partment of Defense Panel to Study Military FOR MILITARY PERSONNEL. and the nature and extent to which correc- Justice in the National Guard not in Federal There is hereby authorized to be appro- tive action is taken against those in the Na- Service. priated to the Department of Defense for tional Guard who retaliate against such (2) The Secretary shall ensure that ade- military personnel for fiscal year 2003 a total members or employees. quate support for the preparation of such of $93,725,028,000. The authorization in the (b) SECRETARY OF DEFENSE REPORT ON DIF- model State code and model State manual preceding sentence supersedes any other au- FERENT ARMY AND AIR FORCE PROCEDURES.— (including the detailing of attorneys and thorization of appropriations (definite or in- Not later than six months after the date of other staff) is provided by the General Coun- definite) for such purpose for fiscal year 2003. the enactment of this Act, the Secretary of sel of the Department of Defense, the Sec- Defense shall submit to Congress a report on retary of the Army, the Secretary of the Air TITLE V—MILITARY PERSONNEL POLICY the differing Army and Air Force policies for Force, and the Chief of the National Guard SEC. 501. INCREASE IN NUMBER OF DEPUTY taking adverse administrative actions Bureau. COMMANDANTS OF THE MARINE against National Guard officers in a State (3) If the amounts available to the Chief of CORPS. status. The report shall include the Sec- the National Guard Bureau are not adequate Section 5045 of title 10, United States Code, retary’s determination as to whether for the costs required to provide support is amended by striking ‘‘five’’ and inserting changes should be made in those policies, es- under paragraph (2) (including costs for in- ‘‘six’’. pecially through requiring the Air Force to creased pay when members of the National H5558 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Guard are ordered to active duty, cost of de- ‘‘(2) An officer who is a reserve component Subtitle D—Education and Training tailed attorneys and other staff, allowances, brigadier general of the Army or the Air SEC. 531. AUTHORITY FOR PHASED INCREASE TO and travel expenses), the Secretary shall, Force who is on the reserve active status list 4,400 IN AUTHORIZED STRENGTHS upon request of the Chief of the Bureau, pro- but who is not eligible for consideration for FOR THE SERVICE ACADEMIES. vide such additional amounts as are nec- promotion under subsection (a) because the (a) MILITARY ACADEMY.—Section 4342 of essary. officer’s service does not meet the one-year- title 10, United States Code, is amended— (4) Not later than one year after the date of of-continuous-service requirement under (1) in subsection (a), by inserting before the enactment of this Act, the Secretary paragraph (2) of that subsection is neverthe- the period at the end of the first sentence shall submit to the Committee on Armed less eligible for consideration for promotion the following: ‘‘or such higher number as Services of the Senate and the Committee on to the grade of major general by a promotion may be prescribed by the Secretary of the Armed Services of the House of Representa- board convened under section 14101(a) of this Army under subsection (j)’’; and tives a report on the implementation of this title if— (2) by adding at the end the following new subsection. The report shall include pro- ‘‘(A) the officer was transferred from an in- subsection: posals in final form of both the model State active status to the reserve active status list ‘‘(j)(1) Beginning with the 2003–2004 aca- code and the model State manual required during the one-year period preceding the demic year, the Secretary of the Army may by paragraph (1) and shall set forth the ef- date of the convening of the promotion prescribe annual increases in the cadet forts being made to present those proposals board; strength limit in effect under subsection (a). to the States for their consideration for en- ‘‘(B) immediately before the date of the of- For any academic year, any such increase actment. ficer’s most recent transfer to an active sta- shall be by no more than 100 cadets or such (5) In this subsection, the term ‘‘State’’ in- tus, the officer had been in an inactive sta- lesser number as applies under paragraph (3) cludes the District of Columbia, the Com- tus for less than one year; and for that year. Such annual increases may be monwealth of Puerto Rico, the Virgin Is- ‘‘(C) immediately before the date of the of- prescribed until the cadet strength limit is lands, and Guam. ficer’s most recent transfer to an inactive 4,400. However, no increase may be pre- SEC. 513. MATCHING FUNDS REQUIREMENTS status, the officer had continuously served scribed for any academic year after the 2007– UNDER NATIONAL GUARD YOUTH for at least one year on the reserve active 2008 academic year. CHALLENGE PROGRAM. status list or the active-duty list (or a com- ‘‘(2) Any increase in the cadet strength Effective October 1, 2002, subsection (d) of bination of the reserve active status list and limit under paragraph (1) with respect to an section 509 of title 32, United States Code, is the active-duty list).’’. academic year shall be prescribed not later amended to read as follows: SEC. 523. RETENTION OF PROMOTION ELIGI- than the date on which the budget of the ‘‘(d) MATCHING FUNDS REQUIRED.—The BILITY FOR RESERVE COMPONENT President is submitted to Congress under amount of assistance provided under this GENERAL AND FLAG OFFICERS section 1105 of title 31 for the fiscal year be- section to a State program of the National TRANSFERRED TO AN INACTIVE STA- ginning in the same year as the year in Guard Challenge Program for a fiscal year TUS. which that academic year begins. Whenever Section 14317 of title 10, United States may not exceed 75 percent of the costs of op- the Secretary prescribes such an increase, Code, is amended by adding at the end the erating the State program during that fiscal the Secretary shall submit to Congress a no- following new subsection: year.’’. tice in writing of the increase. The notice ‘‘(f) EFFECT OF TRANSFER OF OFFICERS IN shall state the amount of the increase in the Subtitle C—Reserve Component Officer PAY GRADE O–7 TO INACTIVE STATUS.—Not- Personnel Policy withstanding subsection (a), if a reserve offi- cadet strength limit and the new cadet SEC. 521. EXEMPTION FROM ACTIVE STATUS cer on the active-status list in the grade of strength limit, as so increased, and the STRENGTH LIMITATION FOR RE- brigadier general or rear admiral (lower half) amount of the increase in Senior Army Re- SERVE COMPONENT GENERAL AND is transferred to an inactive status after hav- serve Officers’ Training Corps enrollment FLAG OFFICERS SERVING ON AC- ing been recommended for promotion to the under each of sections 2104 and 2107 of this TIVE DUTY IN CERTAIN JOINT DUTY grade of major general or rear admiral under title. ASSIGNMENTS DESIGNATED BY THE ‘‘(3) The amount of an increase under para- CHAIRMAN OF THE JOINT CHIEFS this chapter, or after having been found qualified for Federal recognition in the grade graph (1) in the cadet strength limit for an OF STAFF. academic year may not exceed the increase Section 12004 of title 10, United States of major general under title 32, but before (if any) for the preceding academic year in Code, is amended by adding at the end the being promoted, the officer shall retain pro- the total number of cadets enrolled in the following new subsection: motion eligibility and, if otherwise qualified, Army Senior Reserve Officers’ Training ‘‘(f)(1) A general or flag officer who is on may be promoted to the higher grade after Corps program under chapter 103 of this title active duty but who is not counted under returning to an active status.’’. who have entered into an agreement under section 526(a) of this title by reason of sec- SEC. 524. AUTHORITY FOR LIMITED EXTENSION section 2104 or 2107 of this title. tion 526(b)(2)(B) of this title shall also be ex- OF MEDICAL DEFERMENT OF MAN- DATORY RETIREMENT OR SEPARA- ‘‘(4) In this subsection, the term ‘cadet cluded from being counted under subsection TION FOR RESERVE OFFICERS. strength limit’ means the authorized max- (a). (a) DEFERMENT OF RETIREMENT OR SEPARA- imum strength of the Corps of Cadets of the ‘‘(2) This subsection shall cease to be effec- TION FOR MEDICAL REASONS.—Chapter 1407 of Academy.’’. tive on the date specified in section 526(b)(3) title 10, United States Code, is amended by (b) NAVAL ACADEMY.—Section 6954 of title of this title.’’. adding at the end the following new section: 10, United States Code, is amended— SEC. 522. ELIGIBILITY FOR CONSIDERATION FOR ‘‘§ 14519. Deferment of retirement or separa- (1) in subsection (a), by inserting before PROMOTION TO GRADE OF MAJOR the period at the end of the first sentence GENERAL FOR CERTAIN RESERVE tion for medical reasons COMPONENT BRIGADIER GENERALS ‘‘(a) If the Secretary of the military de- the following: ‘‘or such higher number as WHO DO NOT OTHERWISE QUALIFY partment concerned determines that the may be prescribed by the Secretary of the FOR CONSIDERATION FOR PRO- evaluation of the physical condition of a Re- Navy under subsection (h)’’; and MOTION UNDER THE ONE-YEAR serve officer and determination of the offi- (2) by adding at the end the following new RULE. cer’s entitlement to retirement or separation subsection: Section 14301(g) of title 10, United States for physical disability require hospitaliza- ‘‘(h)(1) Beginning with the 2003–2004 aca- Code, is amended to read as follows: tion or medical observation and that such demic year, the Secretary of the Navy may ‘‘(g) BRIGADIER GENERALS.—(1) An officer hospitalization or medical observation can- prescribe annual increases in the mid- who is a reserve component brigadier general not be completed with confidence in a man- shipmen strength limit in effect under sub- of the Army or the Air Force who is not eli- ner consistent with the officer’s well-being section (a). For any academic year, any such gible for consideration for promotion under before the date on which the officer would increase shall be by no more than 100 mid- subsection (a) because the officer is not on otherwise be required to be separated, re- shipmen or such lesser number as applies the reserve active status list (as required by tired, or transferred to the Retired Reserve under paragraph (3) for that year. Such an- paragraph (1) of that subsection for such eli- under this title, the Secretary may defer the nual increases may be prescribed until the gibility) is nevertheless eligible for consider- separation, retirement, or transfer of the of- midshipmen strength limit is 4,400. However, ation for promotion to the grade of major ficer under this title. no increase may be prescribed for any aca- general by a promotion board convened ‘‘(b) A deferral under subsection (a) of sep- demic year after the 2007–2008 academic year. under section 14101(a) of this title if— aration, retirement, or transfer to the Re- ‘‘(2) Any increase in the midshipmen ‘‘(A) as of the date of the convening of the tired Reserve may not extend for more than strength limit under paragraph (1) with re- promotion board, the officer has been in an 30 days after completion of the evaluation spect to an academic year shall be prescribed inactive status for less than one year; and requiring hospitalization or medical observa- not later than the date on which the budget ‘‘(B) immediately before the date of the of- tion.’’. of the President is submitted to Congress ficer’s most recent transfer to an inactive (b) CLERICAL AMENDMENT.—The table of under section 1105 of title 31 for the fiscal status, the officer had continuously served sections at the beginning of such chapter is year beginning in the same year as the year on the reserve active status list or the ac- amended by adding at the end the following in which that academic year begins. When- tive-duty list (or a combination of the re- new item: ever the Secretary prescribes such an in- serve active status list and the active-duty ‘‘14519. Deferment of retirement or separa- crease, the Secretary shall submit to Con- list) for at least one year. tion for medical reasons.’’. gress a notice in writing of the increase. The July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5559 notice shall state the amount of the increase this section are with students enrolled (or ‘‘(B) the expenses of members of the Na- in the midshipmen strength limit and the seeking to enroll) in programs of study lead- tional Guard under subsection (a)(3), includ- new midshipmen strength limit, as so in- ing to a baccalaureate degree in nuclear en- ing expenses of attendance and participation creased, and the amount of the increase in gineering or another appropriate technical, fees, travel, per diem, clothing, equipment, Senior Navy Reserve Officers’ Training Corps scientific, or engineering field of study.’’. and related expenses. enrollment under each of sections 2104 and (e) REPEAL OF LIMIT ON NUMBER OF ROTC ‘‘(2) Not more than $2,500,000 may be obli- 2107 of this title. SCHOLARSHIPS.—Section 2107 of such title is gated or expended in any fiscal year under ‘‘(3) The amount of an increase under para- further amended by striking the first sen- subsection (c). graph (1) in the midshipmen strength limit tence of subsection (h)(1). ‘‘(e) QUALIFYING ATHLETIC COMPETITION DE- for an academic year may not exceed the in- (f) REPEAL OF OBSOLETE LANGUAGE.—Sec- FINED.—In this section, the term ‘qualifying crease (if any) for the preceding academic tion 4342(i) of such title is amended by strik- athletic competition’ means a competition year in the total number of midshipmen en- ing ‘‘(beginning with the 2001–2002 academic in athletic events that require skills rel- rolled in the Navy Senior Reserve Officers’ year)’’. evant to military duties or involve aspects of Training Corps program under chapter 103 of SEC. 532. ENHANCEMENT OF RESERVE COMPO- physical fitness that are evaluated by the this title who have entered into an agree- NENT DELAYED TRAINING PRO- armed forces in determining whether a mem- ment under section 2104 or 2107 of this title. GRAM. ber of the National Guard is fit for military ‘‘(4) In this subsection, the term ‘mid- (a) INCREASE IN TIME FOLLOWING ENLIST- duty.’’. shipmen strength limit’ means the author- MENT FOR COMMENCEMENT OF INITIAL PERIOD (c) STYLISTIC AMENDMENTS.—Such section ized maximum strength of the Brigade of OF ACTIVE DUTY FOR TRAINING.—Section is further amended— Midshipmen.’’. 12103(d) of title 10, United States Code, is (1) in subsection (a), by inserting ‘‘AUTHOR- (c) AIR FORCE ACADEMY.—Section 9342 of amended by striking ‘‘270 days’’ in the last IZED ACTIVITIES.—’’ after ‘‘(a)’’; and title 10, United States Code, is amended— sentence and inserting ‘‘one year’’. (2) in subsection (b), by inserting ‘‘AUTHOR- (1) in subsection (a), by inserting before (b) EFFECTIVE DATE.—The amendment IZED LOCATIONS.—’’ after ‘‘(b)’’. the period at the end of the first sentence made by subsection (a) shall apply with re- (d) CONFORMING AND CLERICAL AMEND- the following: ‘‘or such higher number as spect to enlistments under section 12103(d) of MENTS.—(1) Subsection (a) of such section is may be prescribed by the Secretary of the title 10, United States Code, after the end of amended— Air Force under subsection (j)’’; and the 90–day period beginning on the date of (A) in paragraph (1), by inserting ‘‘and’’ (2) by adding at the end the following new the enactment of this Act. after the semicolon; subsection: (c) TRANSITION.—In the case of a person (B) in paragraph (2), by striking ‘‘; or’’ and ‘‘(j)(1) Beginning with the 2003–2004 aca- who enlisted under section 12103(d) of title inserting a period; and demic year, the Secretary of the Air Force 10, United States Code, before the date of the (C) by striking paragraph (3). may prescribe annual increases in the cadet enactment of this Act and who as of such (2) The heading of such section is amended strength limit in effect under subsection (a). date has not commenced the required initial to read as follows: For any academic year, any such increase period of active duty for training under that ‘‘§ 504. National Guard schools; small arms shall be by no more than 100 cadets or such section, the amendment made by subsection competitions; athletic competitions’’. lesser number as applies under paragraph (3) (a) may be applied to that person, but only (3) The item relating to section 504 in the for that year. Such annual increases may be with the agreement of that person and the table of sections at the beginning of chapter prescribed until the cadet strength limit is Secretary concerned. 5 of title 32, United States Code, is amended 4,400. However, no increase may be pre- SEC. 533. PREPARATION FOR, PARTICIPATION IN, to read as follows: scribed for any academic year after the 2007– AND CONDUCT OF ATHLETIC COM- 2008 academic year. PETITIONS BY THE NATIONAL ‘‘504. National Guard schools; small arms ‘‘(2) Any increase in the cadet strength GUARD AND MEMBERS OF THE NA- competitions; athletic competi- limit under paragraph (1) with respect to an TIONAL GUARD. tions.’’. academic year shall be prescribed not later (a) ATHLETIC AND SMALL ARMS COMPETI- Subtitle E—Decorations and Awards TIONS.—Section 504 of title 32, United States than the date on which the budget of the SEC. 541. WAIVER OF TIME LIMITATIONS FOR President is submitted to Congress under Code, is amended by adding at the end the AWARD OF CERTAIN DECORATIONS sections 1105 of title 31 for the fiscal year be- following new subsection: TO CERTAIN PERSONS. ginning in the same year as the year in ‘‘(c) CONDUCT OF AND PARTICIPATION IN CER- (a) WAIVER.—Any limitation established by which that academic year begins. Whenever TAIN COMPETITIONS.—(1) Under regulations law or policy for the time within which a the Secretary prescribes such an increase, prescribed by the Secretary of Defense, recommendation for the award of a military the Secretary shall submit to Congress a no- members and units of the National Guard decoration or award must be submitted shall tice in writing of the increase. The notice may conduct and compete in a qualifying not apply to awards of decorations described shall state the amount of the increase in the athletic competition or a small arms com- in this section, the award of each such deco- cadet strength limit and the new cadet petition so long as— ration having been determined by the Sec- strength limit, as so increased, and the ‘‘(A) the conduct of, or participation in, retary concerned to be warranted in accord- amount of the increase in Senior Air Force the competition does not adversely affect ance with section 1130 of title 10, United Reserve Officers’ Training Corps enrollment the quality of training or otherwise interfere States Code. under each of sections 2104 and 2107 of this with the ability of a member or unit of the (b) DISTINGUISHED FLYING CROSS.—Sub- title. National Guard to perform the military section (a) applies to the award of the Distin- ‘‘(3) The amount of an increase under para- functions of the member or unit; guished Flying Cross (including multiple graph (1) in the cadet strength limit for an ‘‘(B) National Guard personnel will en- awards to the same individual) in the case of academic year may not exceed the increase hance their military skills as a result of con- each individual concerning whom the Sec- (if any) for the preceding academic year in ducting or participating in the competition; retary of the military department concerned the total number of cadets enrolled in the and (or a designated official acting on behalf of Air Force Senior Reserve Officers’ Training ‘‘(C) the conduct of or participation in the the Secretary of the military department Corps program under chapter 103 of this title competition will not result in a significant concerned) submitted to the Committee on who have entered into an agreement under increase in National Guard costs. Armed Services of the House of Representa- section 2104 or 2107 of this title. ‘‘(2) Facilities and equipment of the Na- tives and the Committee on Armed Services ‘‘(4) In this subsection, the term ‘cadet tional Guard, including military property of the Senate, during the period beginning on strength limit’ means the authorized max- and vehicles described in section 508(c) of December 28, 2001, and ending on the day be- imum strength of Air Force Cadets of the this title, may be used in connection with fore the date of the enactment of this Act, a Academy.’’. the conduct of or participation in a quali- notice as provided in section 1130(b) of title (d) TARGET FOR INCREASES IN NUMBER OF fying athletic competition or a small arms 10, United States Code, that the award of the ROTC SCHOLARSHIP PARTICIPANTS.—Section competition under paragraph (1).’’. Distinguished Flying Cross to that indi- 2107 of such title is amended by adding at the (b) OTHER MATTERS.—Such section is fur- vidual is warranted and that a waiver of end the following new subsection: ther amended by adding after subsection (c), time restrictions prescribed by law for rec- ‘‘(i) The Secretary of each military depart- as added by subsection (a) of this section, the ommendation for such award is rec- ment shall seek to achieve an increase in the following new subsections: ommended. number of agreements entered into under ‘‘(d) AVAILABILITY OF FUNDS.—(1) Subject SEC. 542. OPTION TO CONVERT AWARD OF this section so as to achieve an increase, by to paragraph (2) and such limitations as may ARMED FORCES EXPEDITIONARY the 2006–2007 academic year, of not less than be enacted in appropriations Acts and such MEDAL AWARDED FOR OPERATION 400 in the number of cadets or midshipmen, regulations as the Secretary of Defense may FREQUENT WIND TO VIETNAM SERV- as the case may be, enrolled under this sec- prescribe, amounts appropriated for the Na- ICE MEDAL. tion, compared to such number enrolled for tional Guard may be used to cover— (a) IN GENERAL.—The Secretary of the the 2002–2003 academic year. In the case of ‘‘(A) the costs of conducting or partici- military department concerned shall, upon the Secretary of the Navy, the Secretary pating in a qualifying athletic competition the application of an individual who is an el- shall seek to ensure that not less than one- or a small arms competition under sub- igible Vietnam evacuation veteran, award third of such increase in agreements under section (c); and that individual the Vietnam Service Medal, H5560 CONGRESSIONAL RECORD — HOUSE July 25, 2002 notwithstanding any otherwise applicable re- section, the number of military and civilian SEC. 555. ANNUAL REPORT ON STATUS OF FE- quirements for the award of that medal. Any personnel assigned to duty with that agency MALE MEMBERS OF THE ARMED such award shall be made in lieu of the as of January 1, 2002; and FORCES. Armed Forces Expeditionary Medal awarded ‘‘(2) for purposes of any subsequent report (a) IN GENERAL.—Chapter 23 of title 10, the individual for participation in Operation with respect to a service review agency United States Code, is amended by adding at Frequent Wind. under this section, the number of such per- the end the following new section: (b) ELIGIBLE VIETNAM EVACUATION VET- sonnel specified in the most recent report ‘‘§ 488. Status of female members of the armed ERAN.—For purposes of this section, the term with respect to that agency under this sec- forces: annual report ‘‘eligible Vietnam evacuation veteran’’ tion. ‘‘(a) ANNUAL REPORT.—The Secretary of means a member or former member of the ‘‘(c) SERVICE REVIEW AGENCY DEFINED.—In Defense shall submit to Congress an annual Armed Forces who was awarded the Armed this section, the term ‘service review agency’ report on the status of female members of Forces Expeditionary Medal for participa- means— the armed forces. Information in the report tion in military operations designated as Op- ‘‘(1) with respect to the Department of the shall be shown for the Department of De- eration Frequent Wind arising from the Army, the Army Review Boards Agency; fense as a whole and separately for each of evacuation of Vietnam on April 29 and 30, ‘‘(2) with respect to the Department of the the Army, Navy, Air Force, and Marine 1975. Navy, the Board for Correction of Naval Corps. Subtitle F—Administrative Matters Records; and ‘‘(b) MATTERS TO BE INCLUDED.—Each re- SEC. 551. STAFFING AND FUNDING FOR DEFENSE ‘‘(3) with respect to the Department of the port under subsection (a) shall include, at a PRISONER OF WAR/MISSING PER- Air Force, the Air Force Review Boards minimum, the following information with SONNEL OFFICE. Agency.’’. respect to female members: (a) REQUIREMENT FOR STAFFING AND FUND- (b) CLERICAL AMENDMENT.—The table of ‘‘(1) Access to health care. ING AT LEVELS REQUIRED FOR PERFORMANCE sections at the beginning of such chapter is ‘‘(2) Positions open. OF FULL RANGE OF MISSIONS.—Subsection (a) amended by adding at the end the following ‘‘(3) Assignment policies. of section 1501 of title 10, United States Code, new item: ‘‘(4) Joint spouse assignments. is amended by adding at the end the fol- ‘‘1559. Personnel limitation.’’. ‘‘(5) Deployment availability rates. lowing new paragraph: ‘‘(6) Promotion and retention rates. ‘‘(5)(A) The Secretary of Defense shall en- SEC. 553. DEPARTMENT OF DEFENSE SUPPORT FOR PERSONS PARTICIPATING IN ‘‘(7) Assignments in nontraditional fields. sure that the office is provided sufficient ‘‘(8) Assignments to command positions. military and civilian personnel levels, and MILITARY FUNERAL HONORS DE- TAILS. ‘‘(9) Selection for service schools. sufficient funding, to enable the office to ‘‘(10) Sexual harassment.’’. fully perform its complete range of missions. Section 1491(d) of title 10, United States Code, is amended— (b) CLERICAL AMENDMENT.—The table of The Secretary shall ensure that Department sections at the beginning of such chapter is of Defense programming, planning, and budg- (1) by striking ‘‘To provide a’’ after ‘‘SUP- PORT.—’’ and inserting ‘‘(1) To support a’’; amended by adding at the end the following eting procedures are structured so as to en- new item: sure compliance with the preceding sentence (2) by redesignating paragraph (1) as sub- for each fiscal year. paragraph (A) and amending such subpara- ‘‘488. Status of female members of the armed ‘‘(B) For any fiscal year, the number of graph, as so redesignated, to read as follows: forces: annual report.’’. military and civilian personnel assigned or ‘‘(A) For a person who participates in a fu- Subtitle G—Benefits neral honors detail (other than a person who detailed to the office may not be less than SEC. 561. VOLUNTARY LEAVE SHARING PROGRAM the number requested in the President’s is a member of the armed forces not in a re- FOR MEMBERS OF THE ARMED budget for fiscal year 2003, unless a level tired status or an employee of the United FORCES. below such number is expressly required by States), either transportation (or reimburse- (a) IN GENERAL.—(1) Chapter 40 of title 10, law. ment for transportation) and expenses or the United States Code, is amended by adding at ‘‘(C) For any fiscal year, the level of fund- daily stipend prescribed under paragraph the end the following new section: (2).’’; ing allocated to the office within the Depart- ‘‘§ 709. Voluntary transfers of leave ment of Defense may not be below the level (3) by redesignating paragraph (2) as sub- ‘‘(a) PROGRAM.—The Secretary concerned requested for such purposes in the Presi- paragraph (B) and in that subparagraph— shall, by regulation, establish a program dent’s budget for fiscal year 2003, unless such (A) by striking ‘‘Materiel, equipment, and under which leave accrued by a member of a level of funding is expressly required by training for’’ and inserting ‘‘For’’; and an armed force may be transferred to an- law.’’. (B) by inserting before the period at the other member of the same armed force who (b) NAME OF OFFICE.—Such subsection is end ‘‘and for members of the armed forces in further amended by inserting after the first a retired status, materiel, equipment, and requires additional leave because of a quali- sentence of paragraph (1) the following new training’’; fying emergency. Any such transfer of leave sentence: ‘‘Such office shall be known as the (4) by redesignating paragraph (3) as sub- may be made only upon the voluntary writ- Defense Prisoner of War/Missing Personnel paragraph (C) and in that subparagraph— ten application of the member whose leave is Office.’’. (A) by striking ‘‘Articles of clothing for’’ to be transferred. ‘‘(b) APPROVAL OF COMMANDING OFFICER SEC. 552. THREE-YEAR FREEZE ON REDUCTIONS and inserting ‘‘For’’; and EQUIRED OF PERSONNEL OF AGENCIES RE- (B) by inserting ‘‘, articles of clothing’’ R .—Any transfer of leave under a SPONSIBLE FOR REVIEW AND COR- after ‘‘subsection (b)(2)’’; and program under this section may only be RECTION OF MILITARY RECORDS. (5) by adding at the end the following new made with the approval of the commanding (a) IN GENERAL.—Chapter 79 of title 10, paragraphs: officer of the leave donor and the leave re- United States Code, is amended by adding at ‘‘(2) The Secretary of Defense shall pre- cipient. the end the following new section: scribe annually a flat rate daily stipend for ‘‘(c) QUALIFYING EMERGENCY.—In this sec- ‘‘§ 1559. Personnel limitation purposes of paragraph (1)(A). Such stipend tion, the term ‘qualifying emergency’, with respect to a member of the armed forces, ‘‘(a) LIMITATION.—During fiscal years 2003, shall be set at a rate so as to encompass typ- means a circumstance that— 2004, and 2005, the Secretary of a military de- ical costs for transportation and other mis- ‘‘(1) is likely to require the prolonged ab- partment may not carry out any reduction cellaneous expenses for persons participating sence of the member from duty; and in the number of military and civilian per- in funeral honors details who are members of ‘‘(2) is due to— sonnel assigned to duty with the service re- the armed forces in a retired status and ‘‘(A) a medical condition of a member of view agency for that military department other persons are not members of the armed the immediate family of the member; or below the baseline number for that agency forces or employees of the United States. ‘‘(B) any other hardship that the Secretary until— ‘‘(3) A stipend paid under this subsection to concerned determines appropriate for pur- ‘‘(1) the Secretary submits to Congress a a member of the armed forces in a retired poses of this section. report that— status is in addition to any compensation to ‘‘(d) MILITARY DEPARTMENT REGULA- ‘‘(A) describes the reduction proposed to be which the member is entitled under section TIONS.—Regulations prescribed under this made; 435(a)(2) of title 37 and any other compensa- section by the Secretaries of the military de- ‘‘(B) provides the Secretary’s rationale for tion to which the member may be entitled.’’. partment shall be as uniform as practicable that reduction; and SEC. 554. AUTHORITY FOR USE OF VOLUNTEERS and shall be subject to approval by the Sec- ‘‘(C) specifies the number of such personnel AS PROCTORS FOR ADMINISTRA- retary of Defense.’’. that would be assigned to duty with that TION OF ARMED SERVICES VOCA- (2) The table of sections at the beginning of agency after the reduction; and TIONAL APTITUDE BATTERY TEST. such chapter is amended by adding at the ‘‘(2) a period of 90 days has elapsed after Section 1588(a) of title 10, United States end the following new item: the date on which the report is submitted. Code, is amended by adding at the end the ‘‘(b) BASELINE NUMBER.—The baseline num- following new paragraph: ‘‘709. Voluntary transfers of leave.’’. ber for a service review agency under this ‘‘(6) Voluntary services as a proctor for ad- (b) DEADLINE FOR IMPLEMENTING REGULA- section is— ministration to secondary school students of TIONS.—Regulations to implement section ‘‘(1) for purposes of the first report with re- the test known as the ‘Armed Services Voca- 709 of title 10, United States Code, as added spect to a service review agency under this tional Aptitude Battery’.’’. by subsection (a), shall be prescribed not July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5561 later than six months after the date of the ‘‘(ii) would require extensive modification military judge and members, the sentence enactment of this Act. of the vehicle as a condition to entry. shall be tried before and adjudged by the SEC. 562. ENHANCED FLEXIBILITY IN MEDICAL ‘‘(B) An order to make a change of perma- military judge rather than the members if, LOAN REPAYMENT PROGRAM. nent station to a nonforeign area outside the after the findings are announced and before (a) ELIGIBLE PERSONS.—Subsection (d) of continental United States in a case in which evidence in the sentencing proceeding is in- section 2173 of title 10, United States Code, is the laws, regulations, or other restrictions troduced, the accused, knowing the identity amended by striking ‘‘Participants’’ and all imposed by that area or by the United States of the military judge and after consultation that follows through ‘‘and students’’ and in- either— with defense counsel, requests orally on the serting ‘‘Students’’. ‘‘(i) preclude entry of a motor vehicle de- record or in writing that the sentence be (b) LOAN REPAYMENT AMOUNTS.—Sub- scribed in subsection (a) into that area; or tried before and adjudged by the military section (e)(2) of such section is amended by ‘‘(ii) would require extensive modification judge rather than the members. of the vehicle as a condition to entry. striking the last sentence. ‘‘(b) This section shall not apply with re- ‘‘(C) An order under which a member is SEC. 563. EXPANSION OF OVERSEAS TOUR EXTEN- spect to an offense for which the death pen- transferred or assigned in connection with a SION BENEFITS. alty may be adjudged unless the case has contingency operation to duty at a location Section 705(b)(2) of title 10, United States been previously referred to trial as a noncap- other than the permanent station of the Code, is amended— ital case.’’. (1) by striking ‘‘recuperative’’ and insert- member for a period of more than 30 consecu- ing ‘‘recuperation’’; and tive days but which is not considered a (2) The table of sections at the beginning of (2) by inserting before the period at the end change of permanent station.’’. subchapter VII of such chapter is amended the following: ‘‘, or to an alternate location (b) NONFOREIGN AREA OUTSIDE THE CONTI- by inserting after the item relating to sec- at a cost not to exceed the cost of transpor- NENTAL UNITED STATES DEFINED.—Sub- tion 852 (article 52) the following new item: section (h) of such section is amended by tation to the nearest port in the 48 contig- ‘‘852a. 52a. Right of accused to request sen- uous States, and return’’. adding at the end the following new para- graph: tencing by military judge rath- SEC. 564. VEHICLE STORAGE IN LIEU OF TRANS- er than by members.’’. PORTATION WHEN MEMBER IS OR- ‘‘(3) The term ‘nonforeign area outside the DERED TO A NONFOREIGN DUTY continental United States’ means any of the (b) EFFECTIVE DATE.—Section 852a of title STATION OUTSIDE CONTINENTAL following: the States of Alaska and Hawaii, 10, United States Code (article 52a of the UNITED STATES. the Commonwealths of Puerto Rico and the Uniform Code of Military Justice), as added (a) STORAGE COSTS AUTHORIZED.—Sub- Northern Mariana Islands, and any posses- by subsection (a), shall apply with respect to section (b) of section 2634 of title 10, United sion of the United States.’’. offenses committed on or after January 1, (c) EFFECTIVE DATE.—The amendments States Code, is amended by striking para- 2003. graphs (1) and (2) and inserting the following: made by this section apply to orders to make ‘‘(b)(1) When a member receives a vehicle a change of permanent station to a nonfor- SEC. 572. REPORT ON DESIRABILITY AND FEASI- storage qualifying order, the member may eign area outside the continental United BILITY OF CONSOLIDATING SEPA- elect to have a motor vehicle described in States (as such term is defined in subsection RATE COURSES OF BASIC INSTRUC- subsection (a) stored at the expense of the (h)(3) of section 2634 of title 10, United States TION FOR JUDGE ADVOCATES. United States at a location approved by the Code, as added by subsection (b)) that are Not later than February 1, 2003, the Sec- Secretary concerned. In the case of a vehicle issued on or after the date of the enactment retary of Defense shall submit to the Com- storage qualifying order that is to make a of this Act. mittee on Armed Services of the Senate and change of permanent station, such storage is Subtitle H—Military Justice Matters the Committee on Armed Services of the in lieu of transportation authorized by sub- SEC. 571. RIGHT OF CONVICTED ACCUSED TO RE- House of Representatives a report on the de- section (a). QUEST SENTENCING BY MILITARY sirability and feasibility of consolidating the ‘‘(2) In this subsection, the term ‘vehicle JUDGE. separate Army, Navy, and Air Force courses storage qualifying order’ means any of the (a) SENTENCING BY JUDGE.—(1) Chapter 47 of of basic instruction for judge advocates into following: title 10, United States Code (the Uniform a single course to be conducted at a single ‘‘(A) An order to make a change of perma- Code of Military Justice), is amended by in- location. The report shall include— nent station to a foreign country in a case in serting after section 852 (article 52) the fol- (1) an assessment of the advantages and which the laws, regulations, or other restric- lowing new section: disadvantages of such a consolidation; tions imposed by the foreign country or by ‘‘§ 852a. Art. 52a. Right of accused to request (2) a recommendation as to whether such a the United States either— sentencing by military judge rather than by consolidation is desirable and feasible; and ‘‘(i) preclude entry of a motor vehicle de- members (3) any proposal for legislative action that scribed in subsection (a) into that country; ‘‘(a) In the case of an accused convicted of the Secretary considers appropriate for car- or an offense by a court-martial composed of a rying out such a consolidation.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL title 37, United States Code, in the rates of pay for members of the uniformed services YEAR 2003. monthly basic pay authorized members of within each pay grade are as follows: (a) WAIVER OF SECTION 1009 ADJUSTMENT.— the uniformed services shall not be made. The adjustment to become effective during (b) INCREASE IN BASIC PAY.—Effective on fiscal year 2003 required by section 1009 of January 1, 2003, the rates of monthly basic 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 H5562 CONGRESSIONAL RECORD — HOUSE July 25, 2002 COMMISSIONED OFFICERS 1—Continued 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–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 Exec- utive 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, Com- mandant 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

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 July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5563 ENLISTED MEMBERS 1—Continued 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–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 Mas- ter 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.

SEC. 602. EXPANSION OF BASIC ALLOWANCE FOR IN THE SELECTED RESERVE.—Section 16302(d) SEC. 615. MINIMUM LEVELS OF HARDSHIP DUTY HOUSING LOW-COST OR NO-COST of such title is amended by striking ‘‘Janu- PAY FOR DUTY ON THE GROUND IN MOVES AUTHORITY TO MEMBERS ary 1, 2003’’ and inserting ‘‘January 1, 2004’’. ANTARCTICA OR ON ARCTIC ICE- ASSIGNED TO DUTY OUTSIDE PACK. (c) ACCESSION BONUS FOR REGISTERED UNITED STATES. Section 305 of title 37, United States Code, Section 403(c) of title 37, United States NURSES.—Section 302d(a)(1) of title 37, is amended— Code, is amended by adding at the end the United States Code, is amended by striking (1) by redesignating subsection (b) as sub- following new paragraph: ‘‘December 31, 2002’’ and inserting ‘‘Decem- section (c); and ‘‘(4) In the case of a member who is as- ber 31, 2003’’. (2) by inserting after subsection (a), the signed to duty outside of the United States, (d) INCENTIVE SPECIAL PAY FOR NURSE AN- following new subsection: the location or the circumstances of which ESTHETISTS.—Section 302e(a)(1) of such title make it necessary that the member be reas- is amended by striking ‘‘December 31, 2002’’ ‘‘(b) DUTY IN CERTAIN LOCATIONS.—(1) In signed under the conditions of low-cost or and inserting ‘‘December 31, 2003’’. the case of duty at a location described in paragraph (2) at any time during a month, no-cost permanent change of station or per- (e) SPECIAL PAY FOR SELECTED RESERVE the member of a uniformed service per- manent change of assignment, the member HEALTH PROFESSIONALS IN CRITICALLY SHORT forming that duty is entitled to special pay may be treated as if the member were not re- WARTIME SPECIALTIES.—Section 302g(f ) of under this section at a monthly rate of not assigned if the Secretary concerned deter- such title is amended by striking ‘‘December less than $240, but not to exceed the monthly mines that it would be inequitable to base 31, 2002’’ and inserting ‘‘December 31, 2003’’. the member’s entitlement to, and amount of, rate specified in subsection (a). For each day (f) ACCESSION BONUS FOR DENTAL OFFI- a basic allowance for housing on the cost of of that duty during the month, the member CERS.—Section 302h(a)(1) of such title is housing in the area to which the member is shall receive an amount equal to 1⁄30 of the amended by striking ‘‘December 31, 2002’’ and reassigned.’’. monthly rate prescribed under this sub- inserting ‘‘December 31, 2003’’. Subtitle B—Bonuses and Special and section. Incentive Pays SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY ‘‘(2) Paragraph (1) applies with respect to AND BONUS AUTHORITIES FOR NU- duty performed on the ground in Antarctica SEC. 611. ONE-YEAR EXTENSION OF CERTAIN CLEAR OFFICERS. BONUS AND SPECIAL PAY AUTHORI- or on the Arctic icepack.’’. (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED TIES FOR RESERVE FORCES. SEC. 616. INCREASE IN MAXIMUM RATES FOR OFFICERS EXTENDING PERIOD OF ACTIVE SERV- (a) SELECTED RESERVE REENLISTMENT PRIOR SERVICE ENLISTMENT BONUS.—Section 308b(f ) of title 37, United ICE.—Section 312(e) of title 37, United States BONUS. States Code, is amended by striking ‘‘Decem- Code, is amended by striking ‘‘December 31, 2002’’ and inserting ‘‘December 31, 2003’’. Section 308i(b)(1) of title 37, United States ber 31, 2002’’ and inserting ‘‘December 31, Code, is amended— 2003’’. (b) NUCLEAR CAREER ACCESSION BONUS.— (1) in subparagraph (A), by striking (b) SELECTED RESERVE ENLISTMENT Section 312b(c) of such title is amended by ‘‘$5,000’’ and inserting ‘‘$8,000’’; BONUS.—Section 308c(e) of such title is striking ‘‘December 31, 2002’’ and inserting (2) in subparagraph (B), by striking amended by striking ‘‘December 31, 2002’’ and ‘‘December 31, 2003’’. ‘‘$2,500’’ and inserting ‘‘$4,000’’; and inserting ‘‘December 31, 2003’’. (c) NUCLEAR CAREER ANNUAL INCENTIVE (3) in subparagraph (C), by striking (c) SPECIAL PAY FOR ENLISTED MEMBERS BONUS.—Section 312c(d) of such title is ‘‘$2,000’’ and inserting ‘‘$3,500’’. ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.— amended by striking ‘‘December 31, 2002’’ and Section 308d(c) of such title is amended by inserting ‘‘December 31, 2003’’. SEC. 617. RETENTION INCENTIVES FOR HEALTH striking ‘‘December 31, 2002’’ and inserting CARE PROVIDERS QUALIFIED IN A ‘‘December 31, 2003’’. SEC. 614. ONE-YEAR EXTENSION OF OTHER CRITICAL MILITARY SKILL. BONUS AND SPECIAL PAY AUTHORI- (d) SELECTED RESERVE AFFILIATION (a) EXCEPTION TO LIMITATION ON MAXIMUM TIES. BONUS.—Section 308e(e) of such title is BONUS AMOUNT.—Subsection (d) of section amended by striking ‘‘December 31, 2002’’ and (a) AVIATION OFFICER RETENTION BONUS.— 323 of title 37, United States Code, is inserting ‘‘December 31, 2003’’. Section 301b(a) of title 37, United States amended— (e) READY RESERVE ENLISTMENT AND REEN- Code, is amended by striking ‘‘December 31, (1) by inserting ‘‘(1)’’ before ‘‘A member’’; LISTMENT BONUS.—Section 308h(g) of such 2002’’ and inserting ‘‘December 31, 2003’’. and title is amended by striking ‘‘December 31, (b) REENLISTMENT BONUS FOR ACTIVE MEM- (2) by adding at the end the following new 2002’’ and inserting ‘‘December 31, 2003’’. BERS.—Section 308(g) of such title is amend- paragraph: (f) PRIOR SERVICE ENLISTMENT BONUS.— ed by striking ‘‘December 31, 2002’’ and in- ‘‘(2) The limitation in paragraph (1) on the Section 308i(f ) of such title is amended by serting ‘‘December 31, 2003’’. total bonus payments that a member may striking ‘‘December 31, 2002’’ and inserting (c) ENLISTMENT BONUS FOR ACTIVE MEM- receive under this section does not apply ‘‘December 31, 2003’’. BERS.—Section 309(e) of such title is amended with respect to an officer who is assigned du- SEC. 612. ONE-YEAR EXTENSION OF CERTAIN by striking ‘‘December 31, 2002’’ and insert- ties as a health care provider.’’. BONUS AND SPECIAL PAY AUTHORI- ing ‘‘December 31, 2003’’. TIES FOR CERTAIN HEALTH CARE (b) EXCEPTION TO YEARS OF SERVICE LIMI- PROFESSIONALS. (d) RETENTION BONUS FOR MEMBERS WITH TATION.—Subsection (e) of such section is (a) NURSE OFFICER CANDIDATE ACCESSION CRITICAL MILITARY SKILLS.—Section 323(i) of amended— PROGRAM.—Section 2130a(a)(1) of title 10, such title is amended by striking ‘‘December (1) by redesignating paragraphs (1) and (2) United States Code, is amended by striking 31, 2002’’ and inserting ‘‘December 31, 2003’’. as subparagraphs (A) and (B), respectively; ‘‘December 31, 2002’’ and inserting ‘‘Decem- (e) ACCESSION BONUS FOR NEW OFFICERS IN (2) by inserting ‘‘(1)’’ before ‘‘A retention’’; ber 31, 2003’’. CRITICAL SKILLS.—Section 324(g) of such title and (b) REPAYMENT OF EDUCATION LOANS FOR is amended by striking ‘‘December 31, 2002’’ (3) by adding at the end the following new CERTAIN HEALTH PROFESSIONALS WHO SERVE and inserting ‘‘December 31, 2003’’. paragraph: H5564 CONGRESSIONAL RECORD — HOUSE July 25, 2002 ‘‘(2) The limitations in paragraph (1) do not and 5305 of title 38, but only to the extent than 60 percent disabling by the Secretary of apply with respect to an officer who is as- that the amount of the member’s retired pay Veterans Affairs. signed duties as a health care provider dur- under chapter 61 of this title exceeds the ‘‘(5) DISABILITY RATED AS TOTAL.—The term ing the period of active duty for which the amount of retired pay to which the member ‘disability rated as total’ means— bonus is being offered.’’. would have been entitled under any other ‘‘(A) a disability, or combination of dis- Subtitle C—Travel and Transportation provision of law based upon the member’s abilities, that is rated as total under the Allowances service in the uniformed services if the mem- standard schedule of rating disabilities in ber had not been retired under chapter 61 of use by the Department of Veterans Affairs; SEC. 631. EXTENSION OF LEAVE TRAVEL DEFER- this title. or RAL PERIOD FOR MEMBERS PER- FORMING CONSECUTIVE OVERSEAS ‘‘(2) DISABILITY RETIREES WITH LESS THAN 20 ‘‘(B) a disability, or combination of disabil- TOURS OF DUTY. YEARS OF SERVICE.—Subsection (a) does not ities, for which the scheduled rating is less (a) AUTHORIZED DEFERRAL PERIOD.—Sec- apply to a member retired under chapter 61 than total but for which a rating of total is tion 411b of title 37, United States Code is of this title with less than 20 years of service assigned by reason of inability of the dis- amended by inserting after subsection (a) the otherwise creditable under section 1405 of abled person concerned to secure or follow a following new subsection: this title at the time of the member’s retire- substantially gainful occupation as a result ‘‘(b) AUTHORITY TO DEFER TRAVEL; LIMITA- ment. of service-connected disabilities. ‘‘(c) PHASE-IN OF FULL CONCURRENT RE- TIONS.—(1) Under the regulations referred to ‘‘(6) CURRENT BASELINE OFFSET.— subsection (a), a member may defer the trav- CEIPT.—For fiscal years 2003 through 2006, re- ‘‘(A) IN GENERAL.—The term ‘current base- el for which the member is paid travel and tired pay payable to a qualified retiree shall line offset’ for any qualified retiree means be determined as follows: transportation allowances under this section the amount for any month that is the lesser ‘‘(1) FISCAL YEAR 2003.—For a month during until anytime before the completion of the of— fiscal year 2003, the amount of retired pay consecutive tour at the same duty station or ‘‘(i) the amount of the applicable monthly payable to a qualified retiree is the amount the completion of the tour of duty at the retired pay of the qualified retiree for that (if any) of retired pay in excess of the cur- new duty station under the order involved, month; and rent baseline offset plus the following: as the case may be. ‘‘(ii) the amount of monthly veterans’ dis- ‘‘(A) For a month for which the retiree re- ‘‘(2) If a member is unable to undertake the ability compensation to which the qualified ceives veterans’ disability compensation for travel before expiration of the deferral pe- retiree is entitled for that month. a qualifying service-connected disability riod under paragraph (1) because of duty in ‘‘(B) APPLICABLE RETIRED PAY.—In subpara- rated as total, $750. connection with a contingency operation, graph (A), the term ‘applicable retired pay’ ‘‘(B) For a month for which the retiree re- the member may defer the travel until not for a qualified retiree means the amount of ceives veterans’ disability compensation for more than one year after the date on which monthly retired pay to which the qualified a qualifying service-connected disability retiree is entitled, determined without re- the member’s duty in connection with the rated as 90 percent, $500. gard to this section or sections 5304 and 5305 contingency operation ends.’’. ‘‘(C) For a month for which the retiree re- of title 38), except that in the case of such a (b) CONFORMING AND CLERICAL AMEND- ceives veterans’ disability compensation for retiree who was retired under chapter 61 of MENTS.—Such section is further amended— a qualifying service-connected disability this title, such amount is the amount of re- (1) in subsection (a)— rated as 80 percent, $250. tired pay to which the member would have (A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a) ‘‘(D) For a month for which the retiree re- been entitled under any other provision of ALLOWANCES AUTHORIZED.—’’; and ceives veterans’ disability compensation for law based upon the member’s service in the (B) by striking paragraph (2); and a qualifying service-connected disability uniformed services if the member had not (2) by striking ‘‘(b) The allowances’’ and rated as 70 percent, $250. been retired under chapter 61 of this title.’’. inserting ‘‘(c) LIMITATION ON ALLOWANCE ‘‘(E) For a month for which the retiree re- (b) REPEAL OF SPECIAL COMPENSATION AU- ATE R .—’’. ceives veterans’ disability compensation for THORITY.—Section 1413 of title 10, United (c) APPLICATION OF AMENDMENT.—Sub- a qualifying service-connected disability States Code, is repealed. section (b) of section 411b of title 37, United rated as 60 percent, $125. (c) PAYMENT OF INCREASED RETIRED PAY States Code, as added by subsection (a), shall ‘‘(2) FISCAL YEAR 2004.—For a month during COSTS DUE TO CONCURRENT RECEIPT.—(1) Sec- apply with respect to members of the uni- fiscal year 2004, the amount of retired pay tion 1465(b) of such title is amended by add- formed services in a deferred leave travel payable to a qualified retiree is the sum of— ing at the end the following new paragraph: status under such section as of the date of ‘‘(A) the amount specified in paragraph (1) ‘‘(3) At the same time that the Secretary the enactment of this Act or after that date. for that qualified retiree; and of Defense makes the determination required Subtitle D—Retired Pay and Survivors ‘‘(B) 23 percent of the difference between (i) by paragraph (1) for any fiscal year, the Sec- Benefits the current baseline offset, and (ii) the retary shall determine the amount of the Treasury contribution to be made to the SEC. 641. PHASE-IN OF FULL CONCURRENT RE- amount specified in paragraph (1) for that CEIPT OF MILITARY RETIRED PAY member’s disability. Fund for the next fiscal year under section 1466(b)(2)(D) of this title. That amount shall AND VETERANS DISABILITY COM- ‘‘(3) FISCAL YEAR 2005.—For a month during be determined in the same manner as the de- PENSATION FOR MILITARY RETIR- fiscal year 2005, the amount of retired pay termination under paragraph (1) of the total EES WITH DISABILITIES RATED AT payable to a qualified retiree is the sum of— 60 PERCENT OR HIGHER. amount of Department of Defense contribu- ‘‘(A) the amount determined under para- (a) CONCURRENT RECEIPT.—Section 1414 of tions to be made to the Fund during that fis- graph (2) for that qualified retiree; and title 10, United States Code, is amended to cal year under section 1466(a) of this title, ‘‘(B) 30 percent of the difference between (i) read as follows: except that for purposes of this paragraph the current baseline offset, and (ii) the ‘‘§ 1414. Members eligible for retired pay who the Secretary, in making the calculations amount determined under paragraph (2) for required by subparagraphs (A) and (B) of have service-connected disabilities rated at that qualified retiree. 60 percent or higher: concurrent payment that paragraph, shall use the single level ‘‘(4) FISCAL YEAR 2006.—For a month during percentages determined under subsection of retired pay and veterans’ disability com- fiscal year 2006, the amount of retired pay (c)(4), rather than those determined under pensation payable to a qualified retiree is the sum of— subsection (c)(1).’’. ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND ‘‘(A) the amount determined under para- (2) Section 1465(c) of such title is COMPENSATION.—Subject to subsection (b), a graph (3) for that qualified retiree; and amended— member or former member of the uniformed ‘‘(B) 64 percent of the difference between (i) (A) in paragraph (1)— services who is entitled for any month to re- the current baseline offset, and (ii) the (i) in subparagraph (A), by inserting before tired pay and who is also entitled for that amount determined under paragraph (3) for the semicolon at the end the following: ‘‘, to month to veterans’ disability compensation that qualified retiree. be determined without regard to section 1414 for a qualifying service-connected disability ‘‘(d) DEFINITIONS.—In this section: of this title’’; (hereinafter in this section referred to as a ‘‘(1) RETIRED PAY.—The term ‘retired pay’ (ii) in subparagraph (B), by inserting before ‘qualified retiree’) is entitled to be paid both includes retainer pay, emergency officers’ re- the period at the end the following: ‘‘, to be for that month without regard to sections tirement pay, and naval pension. determined without regard to section 1414 of 5304 and 5305 of title 38. For fiscal years 2003 ‘‘(2) VETERANS’ DISABILITY COMPENSATION.— this title’’; and through 2006, payment of retired pay to such The term ‘veterans’ disability compensation’ (iii) in the sentence following subpara- a member or former member is subject to has the meaning given the term ‘compensa- graph (B), by striking ‘‘subsection (b)’’ and subsection (c). tion’ in section 101(13) of title 38. inserting ‘‘subsection (b)(1)’’; ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DIS- ‘‘(3) SERVICE-CONNECTED.—The term ‘serv- (B) by redesignating paragraph (4) as para- ABILITY RETIREES.— ice-connected’ has the meaning given that graph (5); and ‘‘(1) CAREER RETIREES.—The retired pay of term in section 101(16) of title 38. (C) by inserting after paragraph (3) the fol- a member retired under chapter 61 of this ‘‘(4) QUALIFYING SERVICE-CONNECTED DIS- lowing new paragraph (4): title with 20 years or more of service other- ABILITY.—The term ‘qualifying service-con- ‘‘(4) Whenever the Secretary carries out an wise creditable under section 1405 of this nected disability’ means a service-connected actuarial valuation under paragraph (1), the title at the time of the member’s retirement disability or combination of service-con- Secretary shall include as part of such valu- is subject to reduction under sections 5304 nected disabilities that is rated as not less ation the following: July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5565

‘‘(A) A determination of a single level per- (b) TECHNICAL AMENDMENTS.—Such section Subtitle F—Other Matters centage determined in the same manner as is further amended— SEC. 661. ADDITION OF DEFINITION OF CONTI- applies under subparagraph (A) of paragraph (1) in subsection (d), by inserting ‘‘or on or NENTAL UNITED STATES IN TITLE (1), but based only upon the provisions of after August 1, 1986, if the member or former 37. section 1414 of this title. member did not elect to receive a bonus (a) DEFINITION.—Section 101(1) of title 37, ‘‘(B) A determination of a single level per- under section 322 of title 37’’ after ‘‘August 1, United States Code, is amended by adding at centage determined in the same manner as 1986,’’; and the end the following new sentence: ‘‘The applies under subparagraph (B) of paragraph (2) in subsection (e), by inserting ‘‘and term ‘continental United States’ means the (1), but based only upon the provisions of elected to receive a bonus under section 322 48 contiguous States and the District of Co- section 1414 of this title. of title 37’’ after ‘‘August 1, 1986,’’. lumbia.’’. Such single level percentages shall be used (b) CONFORMING AMENDMENTS.—Title 37, SEC. 644. TECHNICAL REVISIONS TO SO-CALLED United States Code, is amended as follows: for the purposes of subsection (b)(3).’’. ‘‘FORGOTTEN WIDOWS’’ ANNUITY (3) Section 1466(b) of such title is PROGRAM. (1) Section 314(a)(3) is amended by striking amended— ‘‘the 48 contiguous States and the District of (a) CLARIFICATION OF ELIGIBILITY.—Sub- Columbia’’ and inserting ‘‘the continental (A) in paragraph (1), by striking ‘‘sections section (a)(1) of section 644 of the National 1465(a) and 1465(c)’’ and inserting ‘‘sections United States’’. Defense Authorization Act for Fiscal Year (2) Section 403b(i) is amended by striking 1465(a), 1465(b)(3), 1465(c)(2), and 1465(c)(3)’’; 1998 (Public Law 105–85; 10 U.S.C. 1448 note) is and paragraph (6). amended— (3) Section 409 is amended by striking sub- (B) by adding at the end of paragraph (2) (1) in subparagraph (A), by inserting after the following new subparagraph: section (e). ‘‘(A)’’ the following: ‘‘became entitled to re- (4) Section 411b(a) is amended by striking ‘‘(D) The amount for that year determined tired or retainer pay before September 21, by the Secretary of Defense under section ‘‘the 48 contiguous States and the District of 1972,’’; and Columbia’’ both places it appears and insert- 1465(b)(3) of this title for the cost to the (2) in subparagraph (B), by striking ‘‘was a Fund arising from increased amounts pay- ing ‘‘the continental United States’’. member of a reserve component of the (5) Section 411d is amended by striking able from the Fund by reason of section 1414 Armed Forces’’ and inserting ‘‘died’’. of this title.’’. subsection (d). (b) CLARIFICATION OF INTERACTION WITH (d) CLERICAL AMENDMENTS.—The table of (6) Section 430 is amended by striking sub- sections at the beginning of chapter 71 of OTHER BENEFITS.—(1) Subsection (a)(2) of section (f) and inserting the following new such title is amended— such section is amended by striking ‘‘and subsection (f): (1) by striking the item relating to section who’’ and all that follows through ‘‘note)’’. ‘‘(f) DEFINITIONS.—In this section: 1413; and (2) Subsection (b)(2) of such section is ‘‘(1) The term ‘formal education’ means the (2) by striking the item relating to section amended to read as follows: following: 1414 and inserting the following: ‘‘(2) The amount of an annuity to which a ‘‘(A) A secondary education. ‘‘1414. Members eligible for retired pay who surviving spouse is entitled under this sec- ‘‘(B) An undergraduate college education. have service-connected disabil- tion for any period shall be reduced (but not ‘‘(C) A graduate education pursued on a ities rated at 60 percent or below zero) by any amount paid to that sur- full-time basis at an institution of higher higher: concurrent payment of viving spouse for the same period under any education. retired pay and veterans’ dis- of the following provisions of law: ‘‘(D) Vocational education pursued on a ability compensation.’’. ‘‘(A) Section 1311(a) of title 38, United full-time basis at a postsecondary vocational institution. (e) EFFECTIVE DATE.—The amendments States Code (relating to dependency and in- ‘‘(2) The term ‘institution of higher edu- made by this section shall apply with respect demnity compensation payable by the Sec- cation’ has the meaning given that term in to retired pay payable for months after Sep- retary of Veterans Affairs). tember 2002. ‘‘(B) Chapter 73 of title 10, United States section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). SEC. 642. CHANGE IN SERVICE REQUIREMENTS Code. FOR ELIGIBILITY FOR RETIRED PAY ‘‘(C) Section 4 of Public Law 92–425 (10 ‘‘(3) The term ‘postsecondary vocational FOR NON-REGULAR SERVICE. U.S.C. 1448 note).’’. institution’ has the meaning given that term (a) REDUCTION IN REQUIREMENT FOR YEARS (c) CLARIFICATION OF DEFINITION OF SUR- in section 102(c) of the Higher Education Act OF RESERVE COMPONENT SERVICE BEFORE RE- VIVING SPOUSE.—Subsection (d)(2) of such of 1965 (20 U.S.C. 1002(c)).’’. TIRED PAY ELIGIBILITY.—Section 12731(a)(3) of section is amended by striking ‘‘the terms’’ TITLE VII—HEALTH CARE MATTERS title 10, United States Code, is amended by and all that follows through ‘‘and (8)’’ and Subtitle A—Health Care Program striking ‘‘eight years’’ and inserting ‘‘six inserting ‘‘such term in paragraph (9)’’. Improvements years’’. (d) CLARIFICATION OF EFFECTIVE DATE OF SEC. 701. ELIMINATION OF REQUIREMENT FOR (b) EFFECTIVE DATE.—The amendment BENEFITS.—Subsection (e) of such section is TRICARE PREAUTHORIZATION OF made by subsection (a) shall take effect on amended— INPATIENT MENTAL HEALTH CARE October 1, 2002. (1) in paragraph (1), by striking ‘‘the FOR MEDICARE-ELIGIBLE BENE- FICIARIES. SEC. 643. ELIMINATION OF POSSIBLE INVERSION month in which this Act is enacted’’ and in- IN RETIRED PAY COST-OF-LIVING (a) ELIMINATION OF REQUIREMENT.—Section serting ‘‘November 1997’’; ADJUSTMENT FOR INITIAL COLA 1079(i) of title 10, United States Code, is (2) in paragraph (2), by striking ‘‘the first COMPUTATION. amended in paragraph (3) by inserting ‘‘or in month that begins after the month in which (a) ELIMINATION OF POSSIBLE COLA INVER- the case of a person eligible for health care this Act is enacted’’ and inserting ‘‘Decem- SION.—Section 1401a of title 10, United States benefits under section 1086(d)(2) of this title Code, is amended— ber 1997’’; and for whom payment for such services is made (1) in subsections (c)(1), (d), and (e), by in- (3) by adding at the end the following new under subsection 1086(d)(3) of this title’’ after serting ‘‘but subject to subsection (f)(2)’’ paragraph: ‘‘an emergency’’. after ‘‘Notwithstanding subsection (b)’’; ‘‘(3) In the case of a person entitled to an (b) EFFECTIVE DATE.—The amendment (2) in subsection (c)(2), by inserting ‘‘(sub- annuity under this section who applies for made by subsection (a) shall take effect Oc- ject to subsection (f)(2) as applied to other the annuity after the date of the enactment tober 1, 2004. members whose retired pay is computed on of this paragraph, such annuity shall be paid SEC. 702. EXPANSION OF TRICARE PRIME RE- the current rates of basic pay in the most re- only for months beginning after the date on MOTE FOR CERTAIN DEPENDENTS. cent adjustment under this section)’’ after which such application is submitted.’’. (a) EXPANSION OF ELIGIBILITY.—Section ‘‘shall be increased’’; and (e) SPECIFICATION IN LAW OF CURRENT BEN- 1079(p) of title 10, United States Code, is (3) in subsection (f)— EFIT AMOUNT.—Subsection (b) of such section amended in paragraph (1)— (A) by designating the text after the sub- is amended— (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; section heading as paragraph (1), indenting (1) in paragraph (1), by striking ‘‘$165’’ and (2) by striking ‘‘referred to in subsection that text two ems, and inserting ‘‘(1) PRE- inserting ‘‘$185.58’’; and (a) of a member of the uniformed services re- VENTION OF RETIRED PAY INVERSIONS.—’’ be- (2) in paragraph (3)— ferred to in 1074(c)(3) of this title who are re- fore ‘‘Notwithstanding’’; and (A) by striking ‘‘the date of the enactment siding with the member’’ and inserting ‘‘de- (2) by adding at the end the following new of this Act’’ and inserting ‘‘May 1, 2002,’’; and scribed in subparagraph (B)’’; and paragraph: (B) by striking the last sentence. (3) by adding at the end the following new ‘‘(2) PREVENTION OF COLA INVERSIONS.—The subparagraph: percentage of the first adjustment under this Subtitle E—Reserve Component Montgomery ‘‘(B) A dependent referred to in subpara- section in the retired pay of any person, as GI Bill graph (A) is— determined under subsection (c)(1), (c)(2), (d), SEC. 651. EXTENSION OF MONTGOMERY GI BILL- ‘‘(i) a dependent referred to in subsection or (e), may not exceed the percentage in- SELECTED RESERVE ELIGIBILITY (a) of a member of the uniformed services re- crease in retired pay determined under sub- PERIOD. ferred to in section 1074(c)(3) of this title, section (b)(2) that is effective on the same Section 16133(a) of title 10, United States who is residing with the member; or date as the effective date of such first adjust- Code, is amended by striking ‘‘10-year’’ and ‘‘(ii) a dependent referred to in subsection ment.’’. inserting ‘‘14-year’’. (a) of a member of the uniformed services H5566 CONGRESSIONAL RECORD — HOUSE July 25, 2002 with a permanent duty assignment for which of section 736 of the National Defense Au- Subtitle C—Department of Defense-Depart- the dependent is not authorized to accom- thorization Act for Fiscal Year 2002 (Public ment of Veterans Affairs Health Resources pany the member and one of the following Law 107–107). Sharing circumstances exists: ‘‘(I) The dependent continues to reside at Subtitle B—Reports SEC. 721. SHORT TITLE. the location of the former duty assignment This subtitle may be cited as the ‘‘Depart- SEC. 711. COMPTROLLER GENERAL REPORT ON of the member (or residence in the case of a TRICARE CLAIMS PROCESSING. ment of Defense-Department of Veterans Af- member of a reserve component ordered to fairs Health Resources Sharing and Perform- active duty for a period of more than 30 Not later than March 31, 2003, the Comp- ance Improvement Act of 2002’’. troller General shall submit to Congress an days), and that location is more than 50 SEC. 722. FINDINGS AND SENSE OF CONGRESS miles, or approximately one hour of driving evaluation of the continuing impediments to CONCERNING STATUS OF HEALTH time, from the nearest military medical a cost effective and provider- and bene- RESOURCES SHARING BETWEEN treatment facility that can adequately pro- ficiary-friendly system for claims processing THE DEPARTMENT OF VETERANS vide needed health care. under the TRICARE program. The evalua- AFFAIRS AND THE DEPARTMENT OF ‘‘(II) There is no reasonable expectation tion shall include a discussion of the fol- DEFENSE. the member will return to the location of the lowing: (a) FINDINGS.—Congress makes the fol- former duty assignment, and the dependent (1) The extent of progress implementing lowing findings: moves to a location that is more than 50 improvements in claims processing, particu- (1) Federal health care resources are scarce miles, or approximately one hour of driving larly regarding the application of best indus- and thus should be effectively and efficiently time, from the nearest military medical try practices. used. treatment facility that can adequately pro- (2) The extent of progress in simplifying (2) In 1982, Congress, in Public Law 97–174, vide needed health care.’’. claims processing procedures, including the authorized the sharing of health resources (b) EFFECTIVE DATE.—The amendments elimination of, or reduction in, the com- between Department of Defense medical made by subsection (a) shall take effect Oc- plexity of the Health Care Service Record re- treatment facilities and Department of Vet- tober 1, 2002. quirements. erans Affairs health care facilities in order SEC. 703. ENABLING DEPENDENTS OF CERTAIN (3) The suitability of a medicare-compat- to allow more effective and efficient use of MEMBERS WHO DIED WHILE ON AC- ible claims processing system with the data those health resources. TIVE DUTY TO ENROLL IN THE requirements necessary to administer the (3) Health care beneficiaries of the Depart- TRICARE DENTAL PROGRAM. TRICARE program and related information ments of Defense and Veterans Affairs, Section 1076a(k)(2) of title 10, United systems. whether active servicemembers, veterans, re- States Code, is amended by inserting ‘‘(or, if (4) The extent to which the claims proc- tirees, or family members of active or re- not enrolled, if the member discontinued essing system for the TRICARE program im- tired servicemembers, should have full ac- participation under subsection (f))’’ after pedes provider participation and beneficiary cess to the health care and services that ‘‘subsection (a)’’. access. Congress has authorized for them. SEC. 704. IMPROVEMENTS REGARDING THE DE- (5) Recommendations for improving the (4) The Secretary of Defense and the Sec- PARTMENT OF DEFENSE MEDICARE- claims processing system that will reduce retary of Veterans Affairs, and the appro- ELIGIBLE RETIREE HEALTH CARE processing and administration costs, create priate officials of each of the Departments of FUND. greater competition, and improve fraud-pre- Defense and Veterans Affairs with respon- (a) SOURCE OF FUNDS FOR MONTHLY AC- vention activities. sibilities related to health care, have not CRUAL PAYMENTS INTO THE FUND.—Section taken full advantage of the opportunities 1116(c) of title 10, United States Code, is SEC. 712. COMPTROLLER GENERAL REPORT ON provided by law to make their respective amended to read as follows: PROVISION OF CARE UNDER THE ‘‘(c) Amounts paid into the Fund under TRICARE PROGRAM. health resources available to health care subsection (a) shall be paid from funds avail- beneficiaries of the other Department in Not later than March 31, 2003, the Comp- order to provide improved health care for the able for the pay of members of the partici- troller General shall submit to Congress an pating uniformed services under the jurisdic- whole number of beneficiaries. evaluation of the nature of, reasons for, ex- (5) After the many years of support and en- tion of the respective administering Secre- tent of, and trends regarding network pro- taries.’’. couragement from Congress, the Depart- vider instability under the TRICARE pro- ments have made little progress in health re- (b) MANDATORY PARTICIPATION OF OTHER gram, and the effectiveness of efforts by the source sharing and the intended results of UNIFORMED SERVICES.—Section 1111(c) of Department of Defense and managed care such title is amended— the sharing authority have not been support contractors to measure and mitigate (1) in the first sentence, by striking ‘‘may achieved. such instability. The evaluation shall in- enter into an agreement with any other ad- (b) SENSE OF CONGRESS.—Congress urges clude a discussion of the following: ministering Secretary’’ and inserting ‘‘shall the Secretary of Defense and the Secretary (1) The adequacy of measurement tools of enter into an agreement with each other ad- of Veterans Affairs— TRICARE network instability and their use ministering Secretary’’; and (1) to commit their respective Depart- by the Department of Defense and managed (2) in the second sentence, by striking ments to significantly improve mutually care support contractors to assess network ‘‘Any’’ and inserting ‘‘Each’’. beneficial sharing and coordination of health adequacy and stability. care resources and services during peace and SEC. 705. CERTIFICATION OF INSTITUTIONAL (2) Recommendations for improvements AND NON-INSTITUTIONAL PRO- war; VIDERS UNDER THE TRICARE PRO- needed in measurement tools or their appli- (2) to build organizational cultures sup- GRAM. cation. portive of improved sharing and coordination (a) IN GENERAL.—Section 1079 of title 10, (3) The relationship of reimbursement of health care resources and services; and United States Code, is amended by adding at rates and administration requirements (in- (3) to establish and achieve measurable the end the following new subsection: cluding preauthorization requirements) to goals to facilitate increased sharing and co- ‘‘(q) For purposes of designating institu- TRICARE network instability. ordination of health care resources and serv- tional and non-institutional health care pro- (4) The extent of problems under the ices. TRICARE program and likely future trends viders authorized to provide care under this (c) PURPOSE.—It is the purpose of this section, the Secretary of Defense shall pre- with and without intervention using existing authority. Act— scribe regulations (in consultation with the (1) to authorize a program to advance mu- other administering Secretaries) that will, (5) Use of existing authority by the Depart- ment of Defense and TRICARE managed care tually beneficial sharing and coordination of to the extent practicable and subject to the health care resources between the two De- limitations of subsection (a), so designate support contractors to apply higher reim- bursement rates in specific geographic areas. partments consistent with the longstanding any provider authorized to provide care intent of Congress; and under title XVIII of the Social Security Act (6) Recommendations for specific fiscally prudent measures that could mitigate nega- (2) to establish a basis for improved stra- (42 U.S.C. 1395 et seq.).’’. tegic planning by the Department of Defense (b) EFFECTIVE DATE.—The amendment tive trends or improve provider and network stability. and Department of Veterans Affairs health made by subsection (a) shall take effect Oc- systems to ensure that scarce health care re- tober 1, 2003. SEC. 713. REPEAL OF REPORT REQUIREMENT. sources are used more effectively and effi- SEC. 706. TECHNICAL CORRECTION REGARDING ciently in order to enhance access to high Notwithstanding subsection (f)(2) of sec- TRANSITIONAL HEALTH CARE. quality health care for their respective bene- tion 712 of the Floyd D. Spence National De- Effective as of December 28, 2001, section ficiaries. 1145(a)(1) of title 10, United States Code, is fense Authorization Act for Fiscal Year 2001 amended by inserting ‘‘(and the dependents (as enacted into law by Public Law 106-398; SEC. 723. REVISED COORDINATION AND SHARING of the member)’’ after ‘‘separated from ac- 114 Stat. 1654A–179), the amendment made by GUIDELINES. tive duty as described in paragraph (2)’’. The subsection (e) of such section shall not take (a) IN GENERAL.—(1) Section 8111 of title 38, amendment made by the preceding sentence effect and the paragraph amended by such United States Code, is amended to read as shall be deemed to have been enacted as part subsection is repealed. follows: July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5567 ‘‘§ 8111. Sharing of Department of Veterans ‘‘(4) The Committee shall submit to the be submitted through the Committee to the Affairs and Department of Defense health two Secretaries and to Congress an annual Secretaries not later than December 31 of care resources report containing such recommendations as each calendar year. The Secretaries shall ‘‘(a) REQUIRED COORDINATION AND SHARING the Committee considers appropriate. The forward each report, without change, to the OF HEALTH CARE RESOURCES.—The Secretary two Secretaries shall implement the Com- Committees on Armed Services and Vet- of Veterans Affairs and the Secretary of De- mittee’s recommendations unless, with re- erans’ Affairs of the Senate and House of fense shall enter into agreements and con- spect to any such recommendation, either Representatives not later than February 28 tracts for the mutually beneficial coordina- Secretary formally determines that the rec- of the following year. tion, use, or exchange of use of the health ommendation should not be implemented or ‘‘(B) Each such report shall describe activi- care resources of the Department of Vet- should be implemented in a modified form. ties carried out under the program under erans Affairs and the Department of Defense Upon making such a determination, the Sec- this subsection during the preceding fiscal with the goal of improving the access to, and retary making the determination shall sub- year. Each report shall include at least the quality and cost effectiveness of, the health mit to Congress notice of the Secretary’s de- following: care provided by the Veterans Health Admin- termination and the Secretary’s rationale ‘‘(i) An analysis of the initiatives funded istration and the Military Health System to for the determination. by the Committee, and the funds so expended ‘‘(5) In order to enable the Committee to the beneficiaries of both Departments. by such initiatives, from the Health Care make recommendations in its annual report ‘‘(b) JOINT REQUIREMENTS FOR SECRETARIES Sharing Incentive Fund, including the pur- under paragraph (4), the Committee shall do OF VETERANS AFFAIRS AND DEFENSE.—To fa- poses and effects of those initiatives on im- the following: cilitate the mutually beneficial coordina- proving access to care by beneficiaries, im- ‘‘(A) Review existing policies, procedures, tion, use, or exchange of use of the health provements in the quality of care received by and practices relating to the coordination care resources of the two Departments, the those beneficiaries, and efficiencies gained in and sharing of health care resources between two Secretaries shall carry out the following delivering services to those beneficiaries. the two Departments. functions: ‘‘(ii) Other matters of interest, including ‘‘(B) Identify changes in policies, proce- ‘‘(1) Develop and publish a joint strategic recommendations from the review team to dures, and practices that, in the judgment of vision statement and a joint strategic plan make legislative improvements to the pro- the Committee, would promote mutually to shape, focus, and prioritize the coordina- gram. beneficial coordination, use, or exchange of ‘‘(4) The program under this subsection tion and sharing efforts among appropriate use of the health care resources of the two shall terminate on September 30, 2007. elements of the two Departments and incor- Departments, with the goal of improving the ‘‘(e) GUIDELINES AND POLICIES FOR IMPLE- porate the goals and requirements of the access to, and quality and cost effectiveness MENTATION OF COORDINATION AND SHARING joint sharing plan into the strategic and per- of, the health care provided by the Veterans RECOMMENDATIONS, CONTRACTS, AND AGREE- formance plan of each Department under the Health Administration and the Military MENTS.—(1) To implement the recommenda- Government Performance and Results Act. Health System to the beneficiaries of both tions made by the Committee under sub- ‘‘(2) Jointly fund the interagency com- Departments. section (c)(2), as well as to carry out other mittee provided for under subsection (c). ‘‘(C) Identify and assess further opportuni- health care contracts and agreements for co- ‘‘(3) Continue to facilitate and improve ties for the coordination and sharing of ordination and sharing initiatives as they sharing between individual Department of health care resources between the Depart- consider appropriate, the two Secretaries Veterans Affairs and Department of Defense ments that, in the judgment of the Com- shall jointly issue guidelines and policy di- health care facilities, but giving priority of mittee, would not adversely affect the range rectives. Such guidelines and policies shall effort to initiatives (A) that improve sharing of services, the quality of care, or the estab- provide for coordination and sharing that— and coordination of health resources at the lished priorities for care provided by either ‘‘(A) is consistent with the health care re- intraregional and nationwide levels, and (B) Department. sponsibilities of the Department of Veterans that improve the ability of both Depart- ‘‘(D) Review the plans of both Departments Affairs under this title and with the health ments to provide coordinated health care. for the acquisition of additional health care care responsibilities of the Department of ‘‘(4) Establish a joint incentive program resources, especially new facilities and Defense under chapter 55 of title 10; under subsection (d). major equipment and technology, in order to ‘‘(B) will not adversely affect the range of ‘‘(c) DOD–VA HEALTH EXECUTIVE COM- assess the potential effect of such plans on services, the quality of care, or the estab- MITTEE.—(1) There is established an inter- further opportunities for the coordination lished priorities for care provided by either agency committee to be known as the De- and sharing of health care resources. Department; and partment of Veterans Affairs-Department of ‘‘(E) Review the implementation of activi- ‘‘(C) will not reduce capacities in certain Defense Health Executive Committee (here- ties designed to promote the coordination specialized programs of the Department of inafter in this section referred to as the and sharing of health care resources between Veterans Affairs that the Secretary is re- ‘Committee’). The Committee is composed the Departments. To assist in this effort, the quired to maintain in accordance with sec- of— Committee chairman, under procedures tion 1706(b) of this title. ‘‘(A) the Deputy Secretary of the Depart- jointly developed by the Secretaries of both ‘‘(2) To facilitate the sharing and coordina- ment of Veterans Affairs and such other offi- Departments, may task the Inspectors Gen- tion of health care services between the two cers and employees of the Department of eral of either or both Departments. Departments, the two Secretaries shall Veterans Affairs as the Secretary of Vet- ‘‘(d) JOINT INCENTIVES PROGRAM.—(1) Pur- jointly develop and implement guidelines for erans Affairs may designate; and suant to subsection (b)(4), the two Secre- a standardized, uniform payment and reim- ‘‘(B) the Under Secretary of Defense for taries shall carry out a program to identify, bursement schedule for those services. Such Personnel and Readiness and such other offi- provide incentives to, implement, fund, and schedule shall be implemented no later than cers and employees of the Department of De- evaluate creative coordination and sharing the beginning of fiscal year 2004 and shall be fense as the Secretary of Defense may des- initiatives at the facility, intraregional and revised periodically as necessary. ignate. nationwide levels. The program shall be ad- ‘‘(3)(A) The guidelines established under ‘‘(2)(A) During odd-numbered fiscal years, ministered by the Committee established in paragraph (1) shall authorize the heads of in- the Deputy Secretary of Veterans Affairs subsection (c), under procedures jointly pre- dividual Department of Defense and Depart- shall chair the Committee. During even- scribed by the two Secretaries. ment of Veterans Affairs medical facilities numbered fiscal years, the Under Secretary ‘‘(2) To facilitate the incentive program, and service regions to enter into health care of Defense shall chair the Committee. there is established in the Treasury, effec- resources coordination and sharing agree- ‘‘(B) The Deputy Secretary and the Under tive on October 1, 2003, a DOD–VA Health ments. Secretary shall determine the size and struc- Care Sharing Incentive Fund. Each Sec- ‘‘(B) Under any such agreement, an indi- ture of the Committee, as well as the admin- retary shall annually contribute to the fund vidual who is a primary beneficiary of one istrative and procedural guidelines for the a minimum of $15,000,000 from the funds ap- Department may be provided health care, as operation of the Committee. The two Depart- propriated to that Secretary’s Department. provided in the agreement, at a facility or in ments shall share equally the Committee’s Such funds shall remain available until ex- the service region of the other Department cost of personnel and administrative support pended. that is a party to the sharing agreement. and services. Support for such purposes shall ‘‘(3)(A) The implementation and effective- ‘‘(C) Each such agreement shall identify be provided at a level sufficient for the effi- ness of the program under this subsection the health care resources to be shared. cient operation of the Committee, including shall be reviewed annually by the joint De- ‘‘(D) Each such agreement shall provide, a permanent staff and, as required, other partment of Defense-Department of Veterans and shall specify procedures designed to en- temporary working groups of appropriate de- Affairs Inspector General review team estab- sure, that the availability of direct health partmental staff and outside experts. lished in section 724(i) of the Department of care to individuals who are not primary ‘‘(3) The Committee shall recommend to Defense-Department of Veterans Affairs beneficiaries of the providing Department is the Secretaries strategic direction for the Health Resources Sharing and Performance (i) on a referral basis from the facility or joint coordination and sharing efforts be- Improvement Act of 2002. On completion of service region of the other Department, and tween and within the two Departments under the annual review, the review team shall (ii) does not (as determined by the head of this section and shall oversee implementa- submit a report to the two Secretaries on the providing facility or region) adversely af- tion of those efforts. the results of the review. Such report shall fect the range of services, the quality of H5568 CONGRESSIONAL RECORD — HOUSE July 25, 2002 care, or the established priorities for care ‘‘(C) A description of progress made in new ating the feasibility, and the advantages and provided to the primary beneficiaries of the ventures or particular areas of sharing and disadvantages, of measures and programs de- providing Department. coordination that would be of policy interest signed to improve the sharing and coordina- ‘‘(E) Each such agreement shall provide to Congress consistent with the intent of tion of health care and health care resources that a providing Department or service re- such Act. between the Department of Veterans Affairs gion shall be reimbursed for the cost of the ‘‘(D) A description of enhancements of ac- and the Department of Defense. The project health care resources provided under the cess to care of beneficiaries of both Depart- shall be carried out, as a minimum, at the agreement and that the rate of such reim- ments that came about as a result of new sites identified under subsection (b). bursement shall be as determined in accord- sharing approaches brought about by such ance with paragraph (2). Act. (2) Reimbursement between the two De- ‘‘(F) Each proposal for an agreement under ‘‘(E) A description of proposals for which partments with respect to the project under this paragraph shall be effective (i) on the funds are provided through the joint incen- this section shall be made in accordance 46th day after the receipt of such proposal by tives program under subsection (d), together with the provisions of section 8111(e)(2) of the Committee, unless earlier disapproved, with a description of their results or status title 38, United States Code, as amended by or (ii) if earlier approved by the Committee, at the time of the report, including access section 723(a). on the date of such approval. improvements, savings, and quality-of-care (b) SITE IDENTIFICATION.—(1) Not later than ‘‘(G) Any funds received through such a enhancements they brought about, and a de- uniform payment and reimbursement sched- 90 days after the date of the enactment of scription of any additional use of funds made ule shall be credited to funds that have been this Act, the Secretaries shall jointly iden- available under subsection (d). allotted to the facility of either Department tify no less than five sites for the conduct of ‘‘(g) DEFINITIONS.—For the purposes of this the project under this section. that provided the care or services, or is due section: the funds from, any such agreement. ‘‘(1) The term ‘beneficiary’ means a person (2) For purposes of this section, a site at ‘‘(f) ANNUAL JOINT REPORT.—(1) At the who is a primary beneficiary of the Depart- which the resource sharing project shall be time the President’s budget is transmitted ment of Veterans Affairs or of the Depart- carried out is an area in the United States in to Congress in any year pursuant to section ment of Defense. which— 1105 of title 31, the two Secretaries shall sub- ‘‘(2) The term ‘direct health care’ means (A) one or more military treatment facili- mit to Congress a joint report on health care health care provided to a beneficiary in a ties and one or more VA health care facili- coordination and sharing activities under medical facility operated by the Department ties are situated in relative proximity to this section during the fiscal year that ended or the Department of Defense. each other, including facilities engaged in during the previous calendar year. ‘‘(3) The term ‘head of a medical facility’ joint ventures as of the date of the enact- ‘‘(2) Each report under this section shall ment of this Act; and include the following: (A) with respect to a medical facility of the Department, means the director of the facil- (B) for which an agreement to coordinate ‘‘(A) The guidelines prescribed under sub- care and programs for patients at those fa- section (e) of this section (and any revision ity, and (B) with respect to a medical facility of the Department of Defense, means the cilities could be implemented not later than of such guidelines). October 1, 2004. ‘‘(B) The assessment of further opportuni- medical or dental officer in charge or the ties identified under subparagraph (C) of sub- contract surgeon in charge. (c) CONDUCT OF PROJECT.—(1) At sites at section (c)(5) for the sharing of health-care ‘‘(4) The term ‘health-care resource’ in- which the project is conducted, the Secre- resources between the two Departments. cludes hospital care, medical services, and taries shall provide a test of a coordinated ‘‘(C) Any recommendation made under sub- rehabilitative services, as those terms are management system for the military treat- section (c)(4) of this section during such fis- defined in paragraphs (5), (6), and (8), respec- ment facilities and VA health care facilities cal year. tively, of section 1701 of this title, services participating in the project. Such a coordi- ‘‘(D) A review of the sharing agreements under sections 1782 and 1783 of this title, any nated management system for a site shall in- entered into under subsection (e) of this sec- other health-care service, and any health- clude at least one of the elements specified tion and a summary of activities under such care support or administrative resource. in paragraph (2), and each of the elements agreements during such fiscal year and a de- ‘‘(5) The term ‘primary beneficiary’ (A) specified in that paragraph must be included scription of the results of such agreements in with respect to the Department means a per- in the coordinated management system for improving access to, and the quality and son who is eligible under this title (other at least two of the participating sites. than under section 1782, 1783, or 1784 or sub- cost effectiveness of, the health care pro- (2) Elements of a coordinated management vided by the Veterans Health Administration section (d) of this section) or any other pro- vision of law for care or services in Depart- system referred to in paragraph (1) are the and the Military Health System to the bene- following: ficiaries of both Departments. ment medical facilities, and (B) with respect to the Department of Defense, means a mem- (A) A budget and financial management ‘‘(E) A summary of other planning and ac- system for those facilities that— tivities involving either Department in con- ber or former member of the Armed Forces who is eligible for care under section 1074 of (i) provides managers with information nection with promoting the coordination and about the costs of providing health care by sharing of Federal health-care resources dur- title 10. ‘‘(6) The term ‘providing Department’ both Departments at the site; ing the preceding fiscal year. (ii) allows managers to assess the advan- ‘‘(F) Such recommendations for legislation means the Department of Veterans Affairs, in the case of care or services furnished by a tages and disadvantages (in terms of relative as the two Secretaries consider appropriate costs, benefits, and opportunities) of using to facilitate the sharing of health-care re- facility of the Department of Veterans Af- fairs, and the Department of Defense, in the resources of either Department to provide or sources between the two Departments. enhance health care to beneficiaries of either ‘‘(3) In addition to the matters specified in case of care or services furnished by a facil- Department. paragraph (2), the two Secretaries shall in- ity of the Department of Defense. (B) A coordinated staffing and assignment clude in the annual report under this sub- ‘‘(7) The term ‘service region’ means a geo- system for the personnel (including contract section an overall status report of the graphic service area of the Veterans Health personnel) employed at or assigned to those progress of health resources sharing between Administration, in the case of the Depart- facilities, including clinical practitioners of the two Departments as a consequence of the ment of Veterans Affairs, and a service re- either Department. Department of Defense-Department of Vet- gion, in the case of the Department of De- (C) Medical information and information erans Affairs Health Resources Sharing and fense.’’. technology systems for those facilities Performance Improvement Act of 2002 and of (2) The item relating to that section in the that— other sharing initiatives taken during the table of sections at the beginning of chapter (i) are compatible with the purposes of the period covered by the report. Such status re- 81 of title 38, United States Code, is amended project; port shall indicate the status of such sharing to read as follows: (ii) communicate with medical information and shall include appropriate data as well as ‘‘8111. Sharing of Department of Veterans Af- and information technology systems of cor- analyses of that data. The annual report fairs and Department of De- responding elements of those facilities; and shall include the following: fense health care resources.’’. (iii) incorporate minimum standards of in- ‘‘(A) Enumerations and explanations of (b) CONFORMING AMENDMENT.—Section 1104 formation quality that are at least equiva- major policy decisions reached by the two of title 10, United States Code, is amended by lent to those adopted for the Departments at Secretaries during the period covered by the striking ‘‘may’’ and inserting ‘‘shall’’. large in their separate health care systems. report period with respect to sharing be- (c) EFFECTIVE DATE.—The amendments tween the two Departments. made by this section shall take effect on Oc- (d) PHARMACY BENEFIT.—(1) One of the ele- ‘‘(B) A description of any purposes of De- tober 1, 2003. ments that shall be tested in at least two partment of Defense-Department of Veterans SEC. 724. HEALTH CARE RESOURCES SHARING sites in accordance with subsection (c) is a Affairs Health Resources Sharing and Per- AND COORDINATION PROJECT. pharmacy benefit under which beneficiaries formance Improvement Act of 2002 that pre- (a) ESTABLISHMENT.—(1) The Secretary of of either Department shall have access, as sented barriers that could not be overcome Veterans Affairs and the Secretary of De- part of the project, to pharmaceutical serv- by the two Secretaries and their status at fense shall conduct a health care resources ices of the other Department participating in the time of the report. sharing project to serve as a test for evalu- the project. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5569 (2) The two Secretaries shall enter into a view team shall be comprised of employees health care system the system of the Depart- memorandum of agreement to govern the es- of the Offices of the Inspectors General of ment of Defense known as the ‘‘Pharmacy tablishment and provision not later than Oc- the two Departments. Leadership of the joint Data Transaction System’’. Such system tober 1, 2004, of pharmaceutical services au- review team shall rotate each fiscal year be- shall be fully operational for the Department thorized by this section. In the case of bene- tween an employee of the Office of the In- of Veterans Affairs not later than October 1, ficiaries of the Department of Defense, the spector General of the Department of Vet- 2004. authority under the preceding sentence for erans Affairs, during even-numbered fiscal (b) IMPLEMENTATION FUNDING.—The Sec- such access to pharmaceutical services at a years, and an employee of the Office of In- retary of Defense shall transfer to the Sec- VA health care facility includes authority spector General of the Department of De- retary of Veterans Affairs, or shall otherwise for medications to be dispensed based upon a fense, during odd-numbered fiscal years. bear the cost of, an amount sufficient to prescription written by a licensed health (2) On completion of their annual joint re- cover three-fourths of the cost to the Depart- care practitioner who, as determined by the view under paragraph (1), the review team ment of Veterans Affairs for initial computer Secretary of Defense, is a certified practi- shall submit a report to the two Secretaries programming activities and relevant staff tioner. on the results of the review. The Secretaries training expenses related to implementation (e) AUTHORITY TO WAIVE CERTAIN ADMINIS- shall forward the report, without change, to of subsection (a). Such amount shall be de- TRATIVE POLICIES.—(1)(A) In order to carry the Committees on Armed Services and Vet- termined in such manner as agreed to by the out subsections (c) and (d), the Secretary of erans’ Affairs of the Senate and House of two Secretaries. Defense may, in the Secretary’s discretion, Representatives. (c) REIMBURSEMENT PROCEDURES.—Any re- waive any administrative policy of the De- (3) Each such report shall include the fol- imbursement by the Department of Veterans partment of Defense otherwise applicable to lowing: Affairs to the Department of Defense for the those subsections (including policies applica- (A) The strategic mission coordination be- use by the Department of Veterans Affairs of ble to pharmaceutical benefits) that specifi- tween shared activities. the transaction system under subsection (a) cally conflicts with the purposes of the (B) The accuracy and validity of perform- shall be determined in accordance with sec- project, in instances in which the Secretary ance data used to evaluate sharing perform- tion 8111(e)(2) of title 38, United States Code, determines that the waiver is necessary for ance and changes in standards of care or as amended by section 723. the purposes of the project. services at the shared facilities. SEC. 727. JOINT PILOT PROGRAM FOR PRO- (B) In order to carry out subsections (c) (C) A statement that all appropriated VIDING GRADUATE MEDICAL EDU- and (d), the Secretary of Veterans Affairs funds designated for sharing activities are CATION AND TRAINING FOR PHYSI- may, in the Secretary’s discretion, waive being used for direct support of sharing ini- CIANS. any administrative policy of the Department tiatives. (a) IN GENERAL.—The Secretary of Defense of Veterans Affairs otherwise applicable to (D) Recommendations concerning continu- and the Secretary of Veterans Affairs shall those subsections (including policies applica- ance of the project at each site for the suc- jointly carry out a pilot program under ble to pharmaceutical benefits) that specifi- ceeding 12-month period. which graduate medical education and train- cally conflicts with the purposes of the (4) Whenever there is a recommendation ing is provided to military physicians and project, in instances in which the Secretary under paragraph (3)(D) to discontinue a re- physician employees of the Department of determines that the waiver is necessary for source sharing project under this section, Defense and the Department of Veterans Af- the purposes of the project. the two Secretaries shall act upon that rec- fairs through one or more programs carried (C) The two Secretaries shall establish pro- ommendation as soon as practicable. out in military medical treatment facilities cedures for resolving disputes that may arise (5) In the initial report under this sub- of the Department of Defense and medical from the effects of policy changes that are section, the joint review team shall validate centers of the Department of Veterans Af- not covered by other agreement or existing the baseline information used for compara- fairs. The pilot program shall begin not later procedures. tive analysis. than January 1, 2003. (2) No waiver under paragraph (1) may (j) TERMINATION.—(1) The project, and the (b) COST-SHARING AGREEMENT.—The Secre- alter any labor-management agreement in authority provided by this section, shall ter- taries shall enter into an agreement for car- effect as of the date of the enactment of this minate on September 30, 2007. rying out the pilot program. The agreement Act or adopted by either Department during (2) The Secretaries may terminate the per- shall establish means for each Secretary to the period of the project. formance of the project at any site when the assist in paying the costs, with respect to in- (f) USE BY DOD OF CERTAIN TITLE 38 PER- performance of the project at that site fails dividuals under the jurisdiction of that Sec- SONNEL AUTHORITIES.—(1) In order to carry to meet performance expectations of the retary, incurred by the other Secretary in out subsections (c) and (d), the Secretary of Secretaries, based on recommendations from providing medical education and training Defense may apply to civilian personnel of the review team under subsection (i) or on under the pilot program. the Department of Defense assigned to or other information available to the Secre- (c) USE OF EXISTING AUTHORITIES.—To employed at a military treatment facility taries to warrant such action. carry out the pilot program, the Secretary of participating in the project any of the provi- Defense and the Secretary of Veterans Af- SEC. 725. REPORT ON IMPROVED COORDINATION sions of subchapters I, III, and IV of chapter AND SHARING OF HEALTH CARE fairs may use authorities provided to them 74 of title 38, United States Code, determined AND HEALTH CARE RESOURCES under this Act, section 8111 of title 38, United appropriate by the Secretary. FOLLOWING DOMESTIC ACTS OF States Code, and other laws relating to the (2) For such purposes, any reference in TERRORISM OR DOMESTIC USE OF furnishing or support of medical education such chapter— WEAPONS OF MASS DESTRUCTION. and the cooperative use of facilities. (A) to the ‘‘Secretary’’ or the ‘‘Under Sec- (a) JOINT REVIEW.—The Secretary of De- (d) TERMINATION OF PROGRAM.—The pilot retary for Health’’ shall be treated as refer- fense and the Secretary of Veterans Affairs program under this section shall terminate ring to the Secretary of Defense; and shall jointly review the adequacy of current on July 31, 2008. (B) to the ‘‘Veterans Health Administra- processes and existing statutory authorities (e) REPEAL OF SUPERSEDED PROVISION.— tion’’ shall be treated as referring to the De- and policy governing the capability of the Section 738 of the National Defense Author- partment of Defense. Department of Defense and the Department ization Act for Fiscal Year 2002 (Public Law (g) FUNDING.—From amounts available for of Veterans Affairs to provide health care to 107–107; 10 U.S.C. 1094 note; 115 Stat.1173) is health care for a fiscal year, each Secretary members of the Armed Forces following do- repealed. shall make available to carry out the project mestic acts of terrorism or domestic use of SEC. 728. REPEAL OF CERTAIN LIMITS ON DE- not less than— weapons of mass destruction, both before and PARTMENT OF VETERANS AFFAIRS (1) $5,000,000 for fiscal year 2003; after any declaration of national emergency. RESOURCES. (2) $10,000,000 for fiscal year 2004; and Such review shall include a determination of (a) REPEAL OF VA BED LIMITS.—Section (3) $15,000,000 for each succeeding year dur- the adequacy of current authorities in pro- 8110(a)(1) of title 38, United States Code, is ing which the project is in effect. viding for the coordination and sharing of amended— (h) DEFINITIONS.—For purposes of this sec- health care resources between the two De- (1) in the first sentence, by striking ‘‘at tion: partments in such cases, particularly before not more than 125,000 and not less than (1) The term ‘‘military treatment facility’’ the declaration of a national emergency. 100,000’’; means a medical facility under the jurisdic- (b) REPORT TO CONGRESS.—A report on the (2) in the third sentence, by striking ‘‘shall tion of the Secretary of a military depart- review under subsection (a), including any operate and maintain a total of not less than ment. recommended legislative changes, shall be 90,000 hospital beds and nursing home beds (2) The term ‘‘VA health care facility’’ submitted to Congress as part of the fiscal and’’; and means a facility under the jurisdiction of the year 2004 budget submission. (3) in the fourth sentence, by striking ‘‘to Veterans Health Administration of the De- SEC. 726. ADOPTION BY DEPARTMENT OF VET- enable the Department to operate and main- partment of Veterans Affairs. ERANS AFFAIRS OF DEPARTMENT tain a total of not less than 90,000 hospital (i) PERFORMANCE REQUIREMENTS.—(1) The OF DEFENSE PHARMACY DATA and nursing home beds in accordance with two Secretaries shall provide for a joint re- TRANSACTION SYSTEM. this paragraph and’’. view team to conduct an annual on-site re- (a) ADOPTION OF PDTS SYSTEM.—The Sec- (b) EFFECTIVE DATE.—The amendments view at each of the project locations selected retary of Veterans Affairs shall adopt for use made by subsection (a) shall take effect on by the Secretaries under this section. The re- by the Department of Veterans Affairs October 1, 2003. H5570 CONGRESSIONAL RECORD — HOUSE July 25, 2002 SEC. 729. REPORTS. (A) The benefits of undertaking such a pro- (A) by striking subsection (a) and inserting (a) INTERIM REPORT.—Not later than Feb- gram. the following: ruary 1, 2004, the Secretary of Defense and (B) The appropriate length of assignments ‘‘(a) IN GENERAL.—A task order contract Secretary of Veterans Affairs shall submit to under the program. (as defined in section 2304d of this title) for the Committees on Veterans’ Affairs and the (C) Whether an individual assigned under procurement of advisory and assistance serv- Committees on Armed Services of the Senate the program should be compensated by the ices shall be subject to the requirements of and House of Representatives a joint report organization to which the individual is as- this section, sections 2304a and 2304c of this on their conduct of each of the programs signed, or the organization from which the title, and other applicable provisions of under this Act through the end of the pre- individual is assigned. law.’’; ceding fiscal year. The Secretaries shall in- (D) The ethics guidelines that should be (B) by striking subsections (b), (f), and (g) clude in the report a description of the meas- applied to the program and, if necessary, and redesignating subsections (c), (d), (e), ures taken, or planned to be taken, to imple- waivers of ethics laws that would be needed (h), and (i) as subsections (b) through (f); ment the health resources sharing project in order to make the program effective and (C) by amending subsection (c) (as redesig- under section 724 and the other provisions of attractive to both Government and private nated by subparagraph (B)) to read as fol- this Act and any cost savings anticipated, or sector employees. lows: cost sharing achieved, at facilities partici- (E) An assessment of how compensation of ‘‘(c) REQUIRED CONTENT OF CONTRACT.—A pating in the project. The report shall also individuals suffering employment-related in- task order contract described in subsection include information on improvements in ac- juries under the program should be ad- (a) shall contain the same information that cess to care, quality, and timeliness, as well dressed. is required by section 2304a(b) to be included as impediments encountered and legislative (b) SUBMISSION TO CONGRESS.—Not later in the solicitation of offers for that con- recommendations to ameliorate such impedi- than February 1, 2003, the Secretary shall tract.’’; and ments. submit to the Committees on Armed Serv- (D) in subsection (d) (as redesignated by (b) ANNUAL REPORT ON USE OF WAIVER AU- ices of the Senate and the House of Rep- subparagraph (B))— THORITY.—Not later than one year after the resentatives the plan required under sub- (i) in paragraph (1), by striking ‘‘under this date of the enactment of this Act, and annu- section (a). section’’ and inserting ‘‘described in sub- ally thereafter through completion of the SEC. 802. EVALUATION OF TRAINING, KNOWL- section (a)’’; and project under section 724, the two Secre- EDGE, AND RESOURCES REGARDING (ii) in paragraph (2), by striking ‘‘under taries shall submit to the committees of NEGOTIATION OF INTELLECTUAL this section’’. Congress specified in subsection (a) a joint PROPERTY ARRANGEMENTS. SEC. 804. ONE-YEAR EXTENSION OF PROGRAM report on the use of the waiver authority (a) AVAILABILITY OF TRAINING, KNOWLEDGE, APPLYING SIMPLIFIED PROCE- provided by section 724(e)(1). The report shall AND RESOURCES.—The Secretary of Defense DURES TO CERTAIN COMMERCIAL include a statement of the numbers and shall evaluate the training, knowledge, and ITEMS; REPORT. types of requests for waivers under that sec- resources needed by the Department of De- (a) EXTENSION OF PILOT PROGRAM.—Section tion of administrative policies that have fense in order to effectively negotiate intel- 4202 of the Clinger-Cohen Act of 1996 (divi- been made during the period covered by the lectual property rights using the principles sions D and E of Public Law 104–106; 110 Stat. report and, for each such request, an expla- of the Defense Federal Acquisition Regula- 652; 10 U.S.C. 2304 note) is amended in sub- nation of the content of each request, the in- tion Supplement and determine whether the section (e) by striking ‘‘January 1, 2003’’ and tended purpose or result of the requested Department of Defense currently has in inserting ‘‘January 1, 2004’’. waiver, and the disposition of each request. place the training, knowledge, and resources (b) REPORT REQUIRED.—Not later than Jan- The report also shall include descriptions of available to meet those Departmental needs. uary 15, 2003, the Secretary of Defense shall any new administrative policies that en- (b) REPORT.—Not later than February 1, submit to Congress a report on whether the hance the success of the project. 2003, the Secretary of Defense shall submit authority to issue solicitations for purchases (c) PHARMACY BENEFITS REPORT.—Not later to Congress a report describing— of commercial items in excess of the sim- than one year after pharmaceutical services (1) the results of the evaluation performed plified acquisition threshold pursuant to the are first provided pursuant to section under subsection (a); special simplified procedures authorized by 724(d)(1), the two Secretaries shall submit to (2) to the extent the Department does not section 2304(g)(1) of title 10, United States the committees of Congress specified in sub- have adequate training, knowledge, and re- Code, section 303(g)(1) of the Federal Prop- section (a) a joint report on access by bene- sources available, actions to be taken to im- erty and Administrative Services Act of 1949, ficiaries of each department to pharma- prove training and knowledge and to make and section 31(a) of the Office of Federal Pro- ceutical services of the other department. resources available to meet the Depart- curement Policy Act, should be made perma- The report shall describe the advantages and ment’s needs; and nent. disadvantages to the beneficiaries and the (3) the number of Department of Defense SEC. 805. AUTHORITY TO MAKE INFLATION AD- Departments of providing such access and legal personnel trained in negotiating intel- JUSTMENTS TO SIMPLIFIED ACQUI- SITION THRESHOLD. any other matters related to such pharma- lectual property arrangements. ceutical services that the Secretaries con- Section 4(11) of the Office of Federal Pro- SEC. 803. LIMITATION PERIOD FOR TASK AND DE- curement Policy Act (41 U.S.C. 403(11)) is sider pertinent, together with any legislative LIVERY ORDER CONTRACTS. amended by inserting ‘‘, except that such recommendations for expanding or canceling Chapter 137 of title 10, United States Code, amount may be adjusted by the Adminis- such services. is amended— trator every five years to the amount equal (d) ANNUAL REPORT ON PILOT PROGRAM FOR (1) in section 2304a— to $100,000 in constant fiscal year 2002 dollars GRADUATE MEDICAL EDUCATION.—Not later (A) in subsection (e)— (rounded to the nearest $10,000)’’ before the than January 31, 2004, and January 31 of each (i) by inserting ‘‘(1)’’ before ‘‘A task’’; and period at the end. year thereafter through 2009, the two Secre- (ii) by adding at the end the following new taries shall submit to Congress a joint report paragraphs: SEC. 806. IMPROVEMENT OF PERSONNEL MAN- on the pilot program under section 727. The ‘‘(2) Unless use of procedures other than AGEMENT POLICIES AND PROCE- report for any year shall cover activities DURES APPLICABLE TO THE CIVIL- competitive procedures is authorized by an IAN ACQUISITION WORKFORCE. under the program during the preceding year exception in subsection (c) of section 2304 of (a) PLAN REQUIRED.—The Secretary of De- and shall include each Secretary’s assess- this title and approved in accordance with fense shall develop a plan for improving the ment of the efficacy of providing education subsection (f) of such section, competitive personnel management policies and proce- and training under that program. procedures shall be used for making such a dures applicable to the Department of De- TITLE VIII—ACQUISITION POLICY, ACQUI- modification. fense civilian acquisition workforce based on SITION MANAGEMENT, AND RELATED ‘‘(3) Notice regarding the modification the results of the demonstration project de- MATTERS shall be provided in accordance with section scribed in section 4308 of the Clinger–Cohen SEC. 801. PLAN FOR ACQUISITION MANAGEMENT 18 of the Office of Federal Procurement Pol- Act of 1996 (division D of Public Law 104–106; PROFESSIONAL EXCHANGE PILOT icy Act (41 U.S.C. 416) and section 8(e) of the 10 U.S.C. 1701 note). PROGRAM. Small Business Act (15 U.S.C. 637(e)).’’; and (b) SUBMISSION TO CONGRESS.—Not later (a) PLAN REQUIRED.—(1) The Secretary of (B) by striking subsection (f) and inserting than February 15, 2003, the Secretary shall Defense shall develop a plan for a pilot pro- the following: submit to Congress the plan required under gram under which— ‘‘(f) LIMITATION ON CONTRACT PERIOD.—The subsection (a) and a report including any (A) an individual in the field of acquisition base period of a task order contract or deliv- recommendations for legislative action nec- management employed by the Department of ery order contract entered into under this essary to implement the plan. Defense may be temporarily assigned to section may not exceed five years unless a SEC. 807. MODIFICATION OF SCOPE OF BALL AND work in a private sector organization; and longer period is specifically authorized in a ROLLER BEARINGS COVERED FOR (B) an individual in such field employed by law that is applicable to such contract. The PURPOSES OF PROCUREMENT LIMI- a private sector organization may be tempo- contract may be extended for an additional 5 TATION. rarily assigned to work in the Department of years (for a total contract period of not more Section 2534(a)(5) of title 10, United States Defense. than 10 years) through modifications, op- Code is amended— (2) In developing the plan under paragraph tions, or otherwise.’’; and (1) by striking ‘‘225.71’’ and inserting (1), the Secretary shall address the following: (2) in section 2304b— ‘‘225.70’’; July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5571 (2) by striking ‘‘October 23, 1992’’ and in- amended by inserting after the item relating voluntary business decision by a Department serting ‘‘April 27, 2002’’; and to section 2396 the following new item: of Defense prime contractor or subcon- (3) by adding at the end the following: ‘‘In ‘‘2397. Rapid acquisition and deployment pro- tractor, subject to any prior approval of sub- this section the term ‘ball bearings and roll- cedures.’’. contractors or suppliers by the contracting er bearings’ includes unconventional or hy- SEC. 809. QUICK-REACTION SPECIAL PROJECTS officer which may be imposed by regulation brid ball and roller bearings and cam fol- ACQUISITION TEAM. or by the contract. lower bearings, ball screws, and other deriva- (a) ESTABLISHMENT.—Chapter 141 of title 10, (2) A defense contractor (or subcontractor tives of ball and roller bearings.’’. United States Code, is amended by inserting at any tier) using Federal Prison Industries, SEC. 808. RAPID ACQUISITION AND DEPLOYMENT after section 2402 the following new section: Inc. as a subcontractor or supplier in fur- PROCEDURES. nishing a commercial product pursuant to a (a) REQUIREMENT TO ESTABLISH PROCE- ‘‘§ 2403. Quick-reaction special projects acqui- sition team contract shall implement appropriate man- DURES.—Chapter 141 of title 10, United States agement procedures to prevent introducing Code, is amended by inserting after section ‘‘The Secretary of Defense shall establish a an inmate-produced product or inmate-fur- 2396 the following new section: quick-reaction special projects acquisition nished services into the commercial market. ‘‘§ 2397. Rapid acquisition and deployment team, the purpose of which shall be to advise (3) Except as authorized under the Federal procedures the Secretary on actions that can be taken Acquisition Regulation, the use of Federal ‘‘(a) ESTABLISHMENT.—The Secretary of De- to expedite the procurement of urgently needed systems. The team shall address Prison Industries, Inc. as a subcontractor or fense shall establish tailored rapid acquisi- supplier of products or provider of services tion and deployment procedures for items ur- problems with the intention of creating ex- peditious solutions relating to— shall not be imposed upon prospective or ac- gently needed to react to an enemy threat or tual defense prime contractors or sub- to respond to significant and urgent safety ‘‘(1) industrial-base issues such as the lim- contractors at any tier by means of— situations. ited availability of suppliers; (A) a contract solicitation provision re- ‘‘(b) PROCEDURES.—The procedures estab- ‘‘(2) compliance with acquisition regula- lished under subsection (a) shall include the tions and lengthy procedures; quiring a contractor to offer to make use of following: ‘‘(3) compliance with environmental re- Federal Prison Industries, Inc. its products ‘‘(1) A process for streamlined communica- quirements; or services; tions between the Chairman of the Joint ‘‘(4) compliance with requirements regard- (B) specifications requiring the contractor Chiefs of Staff, the acquisition community, ing small-business concerns; and to use specific products or services (or class- and the testing community. ‘‘(5) compliance with requirements regard- es of products or services) offered by Federal ‘‘(2) A process for expedited technical, pro- ing the purchase of products made in the Prison Industries, Inc. in the performance of grammatic, and financial decisions. United States.’’. the contract; (C) any contract modification directing the ‘‘(3) An expedited procurement and con- (b) CLERICAL AMENDMENT.—The table of tracting process. sections at the beginning of such chapter is use of Federal Prison Industries, Inc. its ‘‘(c) SPECIFIC STEPS TO BE INCLUDED.—The amended by inserting after the item relating products or services; or procedures established under subsection (a) to section 2402 the following new item: (D) any other means. shall provide for the following: ‘‘2403. Quick-reaction special projects acqui- (c) PROTECTION OF CLASSIFIED AND SEN- ‘‘(1) The commander of a unified combat- sition team.’’. SITIVE INFORMATION.—The Secretary of De- ant command may notify the Chairman of fense shall assure that Federal Prison Indus- SEC. 810. REPORT ON DEVELOPMENT OF ANTI- tries, Inc. is not permitted to provide serv- the Joint Chiefs of Staff of the need for an CYBERTERRORISM TECHNOLOGY. item described in subsection (a) that is cur- ices as a contractor or subcontractor at any Not later than February 1, 2003, the Sec- rently under development. tier, if an inmate worker has access to— retary of Defense shall submit to Congress a ‘‘(2) The Chairman may request the Sec- (1) data that is classified or will become report on— retary of Defense to use rapid acquisition classified after being merged with other (1) efforts by the Department of Defense to and deployment procedures with respect to data; enter into contracts with private entities to the item. (2) geographic data regarding the location develop anticyberterrorism technology; and ‘‘(3) The Secretary of Defense shall decide of surface and subsurface infrastructure pro- (2) whether such efforts should be in- whether to use such procedures with respect viding communications, water and electrical creased. to the item and shall notify the Secretary of power distribution, pipelines for the distribu- the appropriate military department of the SEC. 811. CONTRACTING WITH FEDERAL PRISON tion of natural gas, bulk petroleum products INDUSTRIES. decision. and other commodities, and other utilities; ‘‘(4) If the Secretary of Defense decides to (a) ASSURING BEST VALUE FOR NATIONAL or use such procedures with respect to the item, DEFENSE AND HOMELAND SECURITY.—(1) The (3) personal or financial information about the Secretary of the military department Department of Defense or one of the military individual private citizens, including infor- shall prepare a funding strategy for the rapid departments may acquire a product or serv- mation relating to such person’s real prop- acquisition of the item and shall conduct a ice from Federal Prison Industries, Inc. only erty, however described, without giving prior demonstration of the performance of the if such acquisition is made through a pro- notice to such persons or class of persons to item. curement contract awarded and adminis- the greatest extent practicable. tered in accordance with chapter 137 of title ‘‘(5) The Director of Operational Test and (d) REGULATORY IMPLEMENTATION.— Evaluation shall immediately evaluate the 10, United States Code, the Federal Acquisi- tion Regulation, and the Department of De- (1) PROPOSED REGULATIONS.—Proposed revi- existing capability of the item (but under sions to the Department of Defense Supple- such evaluation shall not assess the capa- fense supplements to such regulation. If a contract is to be awarded to Federal Prison ment to the Federal Acquisition Regulation bility of the item as regards to the function to implement this section shall be published the item was originally intended to per- Industries, Inc. by the Department of De- fense through other than competitive proce- not later than 90 days after the date of en- form). actment of this Act and provide not less ‘‘(6) The Chairman of the Joint Chiefs of dures, authority for such award shall be based upon statutory authority other than than 60 days for public comment. Staff shall review the evaluation of the Di- (2) FINAL REGULATIONS.—Final regulations rector of Operational Test and Evaluation chapter 307 of title 18, United States Code. (2) The Secretary of Defense shall assure shall be published not later than 180 days and report to the Secretary of Defense re- after the date of the enactment of this Act garding whether the capabilities of the test- that— (A) no purchase of a product or a service is and shall be effective on the date that is 30 ed item are able to meet the urgent need for days after the date of publication. the item. made by the Department of Defense from ‘‘(7) The Secretary of Defense shall evalu- Federal Prison Industries, Inc. unless the SEC. 812. RENEWAL OF CERTAIN PROCUREMENT contracting officer determines that— TECHNICAL ASSISTANCE COOPERA- ate the information regarding funding and TIVE AGREEMENTS AT FUNDING rapid acquisition prepared pursuant to para- (i) the product or service can be timely fur- nished and will meet the performance needs LEVELS AT LEAST SUFFICIENT TO graph (4) and approve or disapprove of the SUPPORT EXISTING PROGRAMS. acquisition of the item using the procedures of the activity that requires the product or service; and Section 2413 of title 10, United States Code, established pursuant to subsection (a). is amended by adding at the end the fol- ‘‘(d) LIMITATION.—The quantity of items of (ii) the price to be paid does not exceed a lowing new subsection: a system procured using the procedures es- fair market price determined by competition tablished under this section may not exceed or a fair and reasonable price determined by ‘‘(d) With respect to any eligible entity the number established for low-rate initial price analysis or cost analysis; and that has successfully performed under a co- production for the system, and any such (B) Federal Prison Industries, Inc. per- operative agreement entered into under sub- items shall be counted for purposes of the forms its contractual obligations to the section (a), the Secretary shall strive, to the number of items of the system that may be same extent as any other contractor for the greatest extent practicable and subject to procured through low-rate initial produc- Department of Defense. appropriations, to renew such agreement tion.’’. (b) PERFORMANCE AS A SUBCONTRACTOR.—(1) with such entity at a level of funding which (b) CLERICAL AMENDMENT.—The table of The use of Federal Prison Industries, Inc. as is at least equal to the level of funding under sections at the beginning of such chapter is a subcontractor or supplier shall be a wholly the cooperative agreement being renewed.’’. H5572 CONGRESSIONAL RECORD — HOUSE July 25, 2002 TITLE IX—DEPARTMENT OF SEC. 905. REPORT ON EFFECT OF OPERATIONS ing ‘‘or for the benefit or use of the National DEFENSE ORGANIZATION AND MANAGE- OTHER THAN WAR ON COMBAT Defense University, as the case may be,’’ MENT READINESS OF THE ARMED FORCES. after ‘‘schools,’’; and (a) REPORT REQUIRED.—Not later than Feb- (D) by inserting before paragraph (3), as SEC. 901. CHANGE IN TITLE OF SECRETARY OF ruary 28, 2004, the Secretary of Defense shall THE NAVY TO SECRETARY OF THE designated by subparagraph (C), the fol- NAVY AND MARINE CORPS. submit to the Committee on Armed Services lowing: (a) CHANGE IN TITLE.—The position of the of the Senate and the Committee on Armed ‘‘(2) There is established in the Treasury a Secretary of the Navy is hereby redesignated Services of the House of Representatives a fund to be known as the ‘National Defense as the Secretary of the Navy and Marine report on the effect on the combat readiness University Gift Fund’. Gifts of money, and Corps. of the Armed Forces of operations other than the proceeds of the sale of property, received war in which the Armed Forces are partici- (b) REFERENCES.—Any reference to the Sec- under subsection (a)(2) shall be deposited in pating as of the date of the enactment of this retary of the Navy in any law, regulation, the Fund.’’; Act (hereinafter in this section referred to as document, record, or other paper of the (3) in subsection (d)(1)(A), by inserting ‘‘current operations other than war’’). Such United States shall be considered to be a ref- ‘‘and the National Defense University Gift report shall address any such effect on com- erence to the Secretary of the Navy and Ma- Fund’’ before the semicolon; and rine Corps. bat readiness for the Armed Forces as a whole and separately for the active compo- (4) by adding at the end the following new SEC. 902. REPORT ON IMPLEMENTATION OF nents and the reserve components. subsection: UNITED STATES NORTHERN COM- ‘‘(h) In this section, the term ‘National De- (b) OPERATIONS OTHER THAN WAR.—For MAND. fense University’ includes any school or Not later than September 1, 2002, the Sec- purposes of this section, the term ‘‘oper- ations other than war’’ includes the other component of the National Defense retary of Defense shall submit to the Com- University.’’. mittees on Armed Services of the Senate and followng: (1) Humanitarian operations. (b) CLERICAL AMENDMENT.—(1) The heading the House of Representatives a report pro- of such section is amended to read as follows: viding an implementation plan for the (2) Counter-drug operations. (3) Peace operations. ‘‘§ 2605. Acceptance of gifts for defense de- United States Northern Command. The re- pendents’ schools and National Defense port shall address the following: (4) Nation assistance. (c) MATTERS TO BE ADDRESSED.—The re- University’’. (1) The required budget for standing-up and port shall, at a minimum, address the fol- (2) The item relating to such section in the maintaining that command. lowing (shown both for the Armed Forces as table of sections at the beginning of chapter (2) The location of the headquarters of that a whole and separately for the active compo- 151 of such title is amended to read as fol- command and alternatives considered for nents and the reserve components): lows: that location, together with the criteria used (1) With respect to each current operation ‘‘2605. Acceptance of gifts for defense depend- in selection of that location. other than war, the number of members of (3) The required manning levels for the ents’ schools and National De- the Armed Forces who are— fense University.’’. command, the effect that command will have (A) directly participating in the operation; TITLE X—GENERAL PROVISIONS on current Department of Defense personnel (B) supporting the operation; resources, and the other commands from (C) preparing to participate or support an Subtitle A—Financial Matters which personnel will be transferred to pro- upcoming rotation to the operation; or SEC. 1001. TRANSFER AUTHORITY. vide personnel for that command. (D) recovering and retraining following (a) AUTHORITY TO TRANSFER AUTHORIZA- (4) The chain of command within that com- participation in the operation. TIONS.—(1) Upon determination by the Sec- mand to the component command level and (2) The cost to the Department of Defense retary of Defense that such action is nec- a review of permanently assigned or tasked in time, funds, resources, personnel, and essary in the national interest, the Sec- organizations and units. equipment to prepare for, conduct, and re- retary may transfer amounts of authoriza- (5) The relationship of that command to cover and retrain from each such operation. tions made available to the Department of the Office of Homeland Security and the (3) The effect of participating in such oper- Defense in this division for fiscal year 2003 Homeland Security Council, to other Federal ations on performance, retention, and readi- between any such authorizations for that fis- departments and agencies, and to State and ness of individual members of the Armed cal year (or any subdivisions thereof). local law enforcement agencies. Forces. Amounts of authorizations so transferred (6) The relationship of that command with (4) The effect of such operations on the shall be merged with and be available for the the National Guard Bureau, individual State readiness of forces and units participating, same purposes as the authorization to which National Guard Headquarters, and civil first preparing to participate, and returning from transferred. responders to ensure continuity of oper- participation in such operations. (2) The total amount of authorizations ational plans. (5) The effect that such operations have on that the Secretary may transfer under the (7) The legal implications of military forces and units that do not, have not, and authority of this section may not exceed forces in their Federal capacity operating on will not participate in them. $2,000,000,000. United States territory. (6) The contribution to United States na- (b) LIMITATIONS.—The authority provided (8) The status of Department of Defense tional security and to regional stability of by this section to transfer authorizations— consultations— participation by the United States in such (1) may only be used to provide authority (A) with Canada regarding Canada’s role operations, to be assessed after receiving the for items that have a higher priority than in, and any expansion of mission for, the views of the commanders of the regional uni- the items from which authority is trans- North American Air Defense Command; and fied combatant commands. ferred; and (B) with Mexico regarding Mexico’s role in (d) CLASSIFICATION OF REPORT.—The report (2) may not be used to provide authority the United States Northern Command. may be provided in classified or unclassified for an item that has been denied authoriza- (9) The status of Department of Defense form as necessary. tion by Congress. (c) EFFECT ON AUTHORIZATION AMOUNTS.—A consultations with NATO member nations on SEC. 906. CONFORMING AMENDMENT TO RE- efforts to transfer the Supreme Allied Com- FLECT DISESTABLISHMENT OF DE- transfer made from one account to another mand for the Atlantic from dual assignment PARTMENT OF DEFENSE CON- under the authority of this section shall be with the position of commander of the SEQUENCE MANAGEMENT PROGRAM deemed to increase the amount authorized United States Joint Forces Command. INTEGRATION OFFICE. for the account to which the amount is (10) The revised mission, budget, and per- Section 12310(c)(3) of title 10, United States transferred by an amount equal to the sonnel resources required for the United Code, is amended by striking ‘‘only—’’ and amount transferred. States Joint Forces Command. all that follows through ‘‘(B) while assigned’’ (d) NOTICE TO CONGRESS.—The Secretary SEC. 903. NATIONAL DEFENSE MISSION OF COAST and inserting ‘‘only while assigned’’. shall promptly notify Congress of each trans- GUARD TO BE INCLUDED IN FUTURE SEC. 907. AUTHORITY TO ACCEPT GIFTS FOR NA- fer made under subsection (a). QUADRENNIAL DEFENSE REVIEWS. TIONAL DEFENSE UNIVERSITY. SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL Section 118(d) of title 10, United States (a) IN GENERAL.—Section 2605 of title 10, APPROPRIATIONS FOR FISCAL YEAR Code, is amended— United States Code, is amended— 2002. (1) by redesignating paragraph (14) as para- (1) in subsection (a)— (a) DOD AUTHORIZATIONS.—Amounts au- graph (15); and (A) by inserting ‘‘(1)’’ after ‘‘administra- thorized to be appropriated to the Depart- (2) by inserting after paragraph (13) the fol- tion of’’; and ment of Defense for fiscal year 2002 in the lowing new paragraph: (B) by inserting before the period at the National Defense Authorization Act for Fis- ‘‘(14) The national defense mission of the end of the first sentence ‘‘, or (2) the Na- cal Year 2002 (Public Law 107–107) are hereby Coast Guard.’’. tional Defense University’’; adjusted, with respect to any such author- SEC. 904. CHANGE IN YEAR FOR SUBMISSION OF (2) in subsection (b)— ized amount, by the amount by which appro- QUADRENNIAL DEFENSE REVIEW. (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; priations pursuant to such authorization are Section 118(a) of title 10, United States (B) by striking ‘‘subsection (a)’’ and insert- increased (by a supplemental appropriation) Code, is amended by striking ‘‘during a ing ‘‘subsection (a)(1)’’; or decreased (by a rescission), or both, or are year’’ and inserting ‘‘during the second (C) by designating the last sentence as increased by a transfer of funds, pursuant to year’’. paragraph (3) and in that sentence by insert- the following: July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5573 (1) Chapter 3 of the Emergency Supple- and vouchers pertaining to the loss, spoilage, ‘‘§ 2784. Management of purchase cards mental Act, 2002 (division B of Public Law unserviceability, unsuitability, or destruc- ‘‘(a) MANAGEMENT OF PURCHASE CARDS.— 107–117; 115 Stat. 2299). tion of, or damage to, property of the United The Secretary of Defense, acting through the (2) Any Act enacted after May 1, 2002, mak- States under the control of the Department Under Secretary of Defense (Comptroller), ing supplemental appropriations for fiscal of Defense. shall prescribe regulations governing the use year 2002 for the military functions of the ‘‘(b) FINALITY OF ACTION.—Action taken and control of all purchase cards and conven- Department of Defense. under subsection (a) is final, except that ac- ience checks that are issued to Department (b) NNSA AUTHORIZATIONS.—Amounts au- tion holding a person pecuniarily liable for of Defense personnel for official use. Those loss, spoilage, destruction, or damage is not thorized to be appropriated to the Depart- regulations shall be consistent with regula- final until approved by the Secretary.’’. ment of Energy for fiscal year 2002 in the Na- tions that apply Government-wide regarding (2) The table of sections at the beginning of tional Defense Authorization Act for Fiscal use of purchase cards by Government per- Year 2002 (Public Law 107–107) are hereby ad- such chapter is amended by adding at the end the following new item: sonnel for official purposes. justed, with respect to any such authorized ‘‘(b) REQUIRED SAFEGUARDS AND INTERNAL ‘‘2787. Reports of survey.’’. amount, by the amount by which appropria- CONTROLS.—Regulations under subsection (a) tions pursuant to such authorization are in- (b) EXTENSION TO MEMBERS OF THE NAVY shall include safeguards and internal con- creased (by a supplemental appropriation) or AND MARINE CORPS OF PAY DEDUCTION AU- trols to ensure the following: decreased (by a rescission), or both, or are THORITY PERTAINING TO DAMAGE OR REPAIR ‘‘(1) That there is a record in the Depart- increased by a transfer of funds, pursuant to OF ARMS AND EQUIPMENT .—Section 1007(e) of ment of Defense of each holder of a purchase the following: title 37, United States Code, is amended by card issued by the Department of Defense for (1) Chapter 5 of the Emergency Supple- striking ‘‘Army or the Air Force’’ and insert- official use, annotated with the limitations mental Act, 2002 (division B of Public Law ing ‘‘Army, Navy, Air Force, or Marine on amounts that are applicable to the use of 107–117; 115 Stat. 2307). Corps’’. each such card by that purchase card holder. (c) REPEAL OF SUPERCEDED PROVISIONS.—(1) (2) Any Act enacted after May 1, 2002, mak- ‘‘(2) That the holder of a purchase card and Sections 4835 and 9835 of title 10, United ing supplemental appropriations for fiscal each official with authority to authorize ex- States Code, are repealed. year 2002 for the atomic energy defense ac- penditures charged to the purchase card are tivities of the Department of Energy. (2)(A) The table of sections at the begin- ning of chapter 453 of such title is amended responsible for— (c) LIMITATION ON TRANSFERS PENDING SUB- ‘‘(A) reconciling the charges appearing on MISSION OF REPORT.—Any amount provided by striking the item relating to section 4835. (B) The table of sections at the beginning each statement of account for that purchase for the Department of Defense for fiscal year of chapter 953 of such title is amended by card with receipts and other supporting doc- 2002 through a so-called ‘transfer account’’, striking the item relating to section 9835. umentation; and including the Defense Emergency Response ‘‘(B) forwarding that statement after being Fund or any other similar account, may be SEC. 1004. ACCOUNTABLE OFFICIALS IN THE DE- PARTMENT OF DEFENSE. so reconciled to the designated disbursing of- transferred to another account for obligation (a) ACCOUNTABLE OFFICIALS WITHIN THE DE- fice in a timely manner. only after the Secretary of Defense submits PARTMENT OF DEFENSE.—Chapter 165 of title ‘‘(3) That any disputed purchase card to the congressional defense committees a 10, United States Code, is amended by insert- charge, and any discrepancy between a re- report stating, for each such transfer, the ing after section 2773 the following new sec- ceipt and other supporting documentation amount of the transfer, the appropriation ac- tion: and the purchase card statement of account, count to which the transfer is to be made, ‘‘§ 2773a. Departmental accountable officials is resolved in the manner prescribed in the and the specific purpose for which the trans- applicable Government-wide purchase card ‘‘(a) DESIGNATION.—(1) The Secretary of ferred funds will be used. contract entered into by the Administrator (d) EMERGENCY DESIGNATION REQUIRE- Defense may designate as a ‘departmental accountable official’ any civilian employee of General Services. MENT.—(1) In the case of a pending contin- ‘‘(4) That payments on purchase card ac- gent emergency supplemental appropriation of the Department of Defense or member of the armed forces under the Secretary’s juris- counts are made promptly within prescribed for the military functions of the Department deadlines to avoid interest penalties. of Defense or the atomic energy defense ac- diction who is described in paragraph (2). Any such designation shall be in writing. ‘‘(5) That rebates and refunds based on tivities of the Department of Energy, an ad- prompt payment on purchase card accounts justment may be made under subsection (a) ‘‘(2) An employee or member of the armed forces described in this paragraph is an em- are properly recorded. or (b) in the amount of an authorization of ‘‘(6) That records of each purchase card appropriations by reason of that supple- ployee or member who is responsible in the performance of the employee’s or member’s transaction (including records on associated mental appropriation only if, and to the ex- contracts, reports, accounts, and invoices) tent that, the President transmits to Con- duties for providing to a certifying official of the Department of Defense information, are retained in accordance with standard gress an official budget request for that ap- Government policies on the disposition of propriation that designates the entire data, or services that are directly relied upon by the certifying official in the certifi- records. amount requested as an emergency require- ‘‘(7) That an annual review is performed of ment. cation of vouchers for payment. ‘‘(b) PECUNIARY LIABILITY.—(1) The Sec- the use of purchase cards issued by the De- (2) For purposes of this subsection, the retary of Defense may impose pecuniary li- partment of Defense to determine whether term ‘‘contingent emergency supplemental ability on a departmental accountable offi- each purchase card holder has a need for the appropriation’’ means a supplemental appro- cial to the extent that an illegal, improper, purchase card. priation that— or incorrect payment results from the infor- ‘‘(8) That the Inspectors General of the De- (A) is designated by Congress as an emer- mation, data, or services that that official partment of Defense and the military serv- gency requirement pursuant to section provides to a certifying official and upon ices perform periodic audits with respect to 251(b)(2)(A) of the Balanced Budget and which the certifying official directly relies the use of purchase cards issued by the De- Emergency Deficit Control Act of 1985; and in certifying the voucher supporting that partment of Defense to ensure that such use (B) by law is available only to the extent payment. is in compliance with regulations. that the President transmits to the Congress ‘‘(2) The pecuniary liability of a depart- ‘‘(9) That appropriate annual training is an official budget request for that appropria- mental accountable official under this sub- provided to each purchase card holder and tion that includes designation of the entire section for such an illegal, improper, or in- each official with responsibility for over- amount of the request as an emergency re- correct payment is joint and several with seeing the use of purchase cards issued by quirement. that of any other officials who are pecu- the Department of Defense. SEC. 1003. UNIFORM STANDARDS THROUGHOUT niarily liable for such payment. ‘‘(c) PENALTIES FOR VIOLATIONS.—The Sec- DEPARTMENT OF DEFENSE FOR EX- ‘‘(c) RELIEF FROM LIABILITY.—The Sec- retary shall provide in the regulations pre- POSURE OF PERSONNEL TO PECU- retary of Defense shall relieve a depart- scribed under subsection (a)— NIARY LIABILITY FOR LOSS OF GOV- ‘‘(1) that procedures are implemented pro- ERNMENT PROPERTY. mental accountable official from liability under subsection (b) if the Secretary deter- viding for appropriate punishment of em- (a) EXTENSION OF ARMY AND AIR FORCE RE- mines that the illegal, improper, or incorrect ployees of the Department of Defense for vio- PORT-OF-SURVEY PROCEDURES TO NAVY AND payment was not the result of fault or neg- lations of such regulations and for neg- MARINE CORPS AND ALL DOD CIVILIAN EM- ligence by that official.’’. ligence, misuse, abuse, or fraud with respect PLOYEES.—(1) Chapter 165 of title 10, United (b) CLERICAL AMENDMENT.—The table of to a purchase card, including dismissal in ap- States Code, is amended by adding at the end sections at the beginning of such chapter is propriate cases; and the following new section: amended by inserting after the item relating ‘‘(2) that a violation of such regulations by ‘‘§ 2787. Reports of survey to section 2773 the following new item: a person subject to chapter 47 of this title ‘‘(a) REGULATIONS.—Under such regulations ‘‘2773a. Departmental accountable officials.’’. (the Uniform Code of Military Justice) is as the Secretary of Defense may prescribe, SEC. 1005. IMPROVEMENTS IN PURCHASE CARD punishable as a violation of section 892 of any officer of the Army, Navy, Air Force, or MANAGEMENT. this title (article 92 of the Uniform Code of Marine Corps or any civilian employee of the (a) IN GENERAL.—Section 2784 of title 10, Military Justice).’’. Department of Defense designated by the United States Code, is amended to read as (b) CLERICAL AMENDMENT.—The item relat- Secretary may act upon reports of surveys follows: ing to section 2784 in the table of sections at H5574 CONGRESSIONAL RECORD — HOUSE July 25, 2002 the beginning of chapter 165 of such title is SEC. 1007. DEVELOPMENT AND PROCUREMENT ing Freedom. The first report (which shall be amended to read as follows: OF FINANCIAL AND NONFINANCIAL an interim report) shall be submitted not MANAGEMENT SYSTEMS. ‘‘2784. Management of purchase cards.’’. later than June 15, 2003. The second report (a) REPORT.—Not later than March 1, 2003, shall be submitted not later than 180 days SEC. 1006. AUTHORITY TO TRANSFER FUNDS the Secretary of Defense shall submit to the after the date (as determined by the Sec- WITHIN A MAJOR ACQUISITION PRO- congressional defense committees a report retary of Defense) of the cessation of hos- GRAM FROM PROCUREMENT TO on the modernization of the Department of RDT&E. tilities undertaken as part of Operation En- Defense’s financial management systems and during Freedom. (a) PROGRAM FLEXIBILITY.—(1) Chapter 131 operations. The report shall include the fol- (2) Each report shall be prepared in con- of title 10, United States Code, is amended by lowing: sultation with the Chairman of the Joint inserting after section 2214 the following new (1) The goals and objectives of the Finan- Chiefs of Staff, the commander-in-chief of section: cial Management Modernization Program. the United States Central Command, and the ‘‘§ 2214a. Transfer of funds: transfers from (2) The acquisition strategy for that Pro- Director of Central Intelligence. procurement accounts to research and de- gram, including milestones, performance (3) Each report shall be submitted in both velopment accounts for major acquisition metrics, and financial and nonfinancial re- a classified form and an unclassified form. source needs. programs (b) MATTERS TO BE INCLUDED.—Each report (3) A listing of all operational and develop- shall contain a discussion of accomplish- ‘‘(a) TRANSFER AUTHORITY WITHIN MAJOR mental financial and nonfinancial manage- ments and shortcomings of the overall mili- PROGRAMS.—Subject to subsection (b), the ment systems in use by the Department, the tary operation. The report shall specifically Secretary of Defense may transfer amounts related costs to operate and maintain those include the following: provided in an appropriation Act for procure- systems during fiscal year 2002, and the esti- (1) A discussion of the command, control, ment for a covered acquisition program to mated cost to operate and maintain those coordination, and support relationship be- amounts provided in the same appropriation systems during fiscal year 2003. tween United States Special Operations Act for research, development, test, and (4) An estimate of the completion date of a Forces and Central Intelligence Agency ele- evaluation for that program. transition plan that will identify which of ments participating in Operation Enduring ‘‘(b) CONGRESSIONAL NOTICE-AND-WAIT.—A the Department’s operational and develop- Freedom and any lessons learned from the transfer may be made under this section mental financial management systems will joint conduct of operations by those forces only after— not be part of the objective financial and and elements. ‘‘(1) the Secretary submits to the congres- nonfinancial management system and that (2) Recommendations to improve oper- sional defense committees notice in writing provides the schedule for phase out of those ational readiness and effectiveness. of the Secretary’s intent to make such trans- legacy systems. (c) CONGRESSIONAL COMMITTEES.—The com- fer, together with the Secretary’s justifica- (b) LIMITATIONS.—(1) A contract described mittees referred to in subsection (a)(1) are tion for the transfer; and in subsection (c) may be entered into using the following: ‘‘(2) a period of 30 days has elapsed fol- funds made available to the Department of (1) The Committee on Armed Services and lowing the date of such notification. Defense for fiscal year 2003 only with the ap- the Select Committee on Intelligence of the ‘‘(c) LIMITATIONS.—From amounts appro- proval in advance in writing of the Under Secretary of Defense (Comptroller). Senate. priated for the Department of Defense for (2) The Committee on Armed Services and any fiscal year for procurement— (2) Not more than 75 percent of the funds authorized to be appropriated in section the Permanent Select Committee on Intel- ‘‘(1) the total amount transferred under ligence of the House of Representatives. this section may not exceed $250,000,000; and 201(4) for research, development, test, and ‘‘(2) the total amount so transferred for evaluation for the Department of Defense Fi- SEC. 1012. REPORT ON BIOLOGICAL WEAPONS nancial Modernization Program (Program DEFENSE AND COUNTER-PRO- any acquisition program may not exceed LIFERATION. $20,000,000. Element 65016D8Z) may be obligated until the report required by subsection (a) is re- (a) REPORT REQUIRED.—Not later than 180 ‘‘(d) COVERED ACQUISITION PROGRAMS.—In ceived by the congressional defense commit- days after the date of the enactment of this this section, the term ‘covered acquisition tees. Act, the Secretary of Defense shall submit to program’ means an acquisition program of (c) COVERED CONTRACTS.—Subsection (b)(1) the Committees on Armed Services of the the Department of Defense that is— applies to a contract for the procurement of Senate and the House of Representatives a ‘‘(A) a major defense acquisition program any of the following: report— for purposes of chapter 144 of this title; or (1) An enterprise architecture system. (1) describing programs and initiatives to ‘‘(B) any other acquisition program of the (2) A finance or accounting system. halt, counter, and defend against the devel- Department of Defense— (3) A nonfinancial business and feeder sys- opment, production, and proliferation of bio- ‘‘(i) that is designated by the Secretary of tem. logical weapons agents, technology, and ex- Defense as a covered acquisition program for (4) An upgrade to any system specified in pertise to terrorist organizations and other purposes of this section; or paragraphs (1) through (3). States; and ‘‘(ii) that is estimated by the Secretary of (d) DEFINITIONS.—As used in this section: (2) including a detailed list of the limita- Defense to require an eventual total expendi- (1) FINANCIAL MANAGEMENT SYSTEM AND OP- tions and impediments to the biological ture for research, development, test, and ERATIONS.—The term ‘‘financial management weapons defense, nonproliferation, and evaluation of more than $140,000,000 (based system and operations’’ means financial, fi- counterproliferation efforts of the Depart- on fiscal year 2000 constant dollars) or an nancial related, and non-financial business ment of Defense, and recommendations to re- eventual total expenditure for procurement operations and systems used for acquisition move such impediments and to make such of more than $660,000,000 (based on fiscal year programs, transportation, travel, property, efforts more effective. 2000 constant dollars.) inventory, supply, medical, budget formula- (b) CLASSIFICATION.—The report may be ‘‘(e) TRANSFER BACK OF UNUSED TRANS- tion, financial reporting, and accounting. submitted in unclassified or classified form FERRED FUNDS.—If funds transferred under Such term includes the automated and man- as necessary. this section are not used for the purposes for ual processes, procedures, controls, data, SEC. 1013. REQUIREMENT THAT DEPARTMENT OF which transferred, such funds shall be trans- hardware, software, and support personnel DEFENSE REPORTS TO CONGRESS ferred back to the account from which trans- dedicated to the operations and maintenance BE ACCOMPANIED BY ELECTRONIC ferred and shall be available for their origi- of system functions. VERSION. nal purpose. (2) FEEDER SYSTEMS.—The term ‘‘feeder Section 480(a) of title 10, United States ‘‘(f) ADDITIONAL AUTHORITY.—The transfer systems’’ means financial portions of mixed Code, is amended by striking ‘‘shall, upon re- authority provided in this section is in addi- systems. quest’’ and all that follows through ‘‘(or tion to any other transfer authority avail- (3) DEVELOPMENTAL SYSTEMS AND each’’ and inserting ‘‘shall provide to Con- able to the Secretary of Defense.’’. PROJECTS.—The term ‘‘developmental sys- gress (or’’. (2) The table of sections at the beginning of tems and projects’’ means any system that SEC. 1014. STRATEGIC FORCE STRUCTURE PLAN such chapter is amended by inserting after has not reached Milestone C, as defined in FOR NUCLEAR WEAPONS AND DE- the item relating to section 2214 the fol- the Department of Defense 5000–series regu- LIVERY SYSTEMS. lowing new item: lations. (a) PLAN REQUIRED.—The Secretary of De- Subtitle B—Reports fense and the Secretary of Energy shall ‘‘2214a. Transfer of funds: transfers from pro- jointly prepare a plan for the United States curement accounts to research SEC. 1011. AFTER-ACTION REPORTS ON THE CON- DUCT OF MILITARY OPERATIONS strategic force structure for nuclear weapons and development accounts for and nuclear weapons delivery systems for major acquisition programs.’’. CONDUCTED AS PART OF OPER- ATION ENDURING FREEDOM. the period of fiscal years from 2002 through (b) EFFECTIVE DATE.—Section 2214a of title (a) REPORT REQUIRED.—(1) The Secretary of 2012. The plan shall— 10, United States Code, as added by sub- Defense shall submit to the congressional (1) delineate a baseline strategic force section (a), shall not apply with respect to committees specified in subsection (c) two structure for such weapons and systems over funds appropriated before the date of the en- reports on the conduct of military oper- such period consistent with the Nuclear Pos- actment of this Act. ations conducted as part of Operation Endur- ture Review dated January 2002; July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5575 (2) define sufficient force structure, force complex would be taken into consideration (A) by striking subsection (c); and modernization and life extension plans, in- in the Department of Defense plans, pro- (B) in subsection (a), by striking ‘‘Subject frastructure, and other elements of the de- grams, and budgeting process and by appro- to subsection (c), the Secretary’’ and insert- fense program of the United States associ- priate decision making bodies within the De- ing ‘‘The Secretary’’. ated with such weapons and systems that partment of Defense. (17) Section 4416 is amended by striking would be required to execute successfully the (4) A methodology, framework, and options subsection (f). full range of missions called for in the na- for selecting sites for such a complex, includ- (18) Section 5721(f) is amended— tional defense strategy delineated in the ing consideration of current training facili- (A) by striking paragraph (2); and Quadrennial Defense Review dated Sep- ties that would accommodate requirements (B) by striking ‘‘(1)’’ after the subsection tember 30, 2001, under section 118 of title 10, among all the Armed Forces. heading. United States Code; and (5) Options for development as part of such (19) Section 12302 is amended— (3) identify the budget plan that would be a complex of a joint urban warfare training (A) in subsection (b), by striking the last required to provide sufficient resources to center that could also be used for homeland sentence; and execute successfully the full range of mis- defense and consequence management train- (B) by striking subsection (d). sions using such force structure called for in ing for Federal, State, and local training. (b) NATIONAL DEFENSE AUTHORIZATION ACT that national defense strategy. (6) Cost estimates and resource require- FOR FISCAL YEAR 1995.—Section 553(b) of the (b) REPORT.—(1) The Secretary of Defense ments to establish and maintain such a com- National Defense Authorization Act for Fis- and the Secretary of Energy shall submit a plex, including estimates of costs and re- cal Year 1995 (Public Law 103–337; 108 Stat. report on the plan to the congressional de- source requirements for the use of contract 2772; 10 U.S.C. 4331 note) is amended by strik- fense committees. Except as provided in personnel for the performance of manage- ing the last sentence. paragraph (2), the report shall be submitted ment, operational, and logistics activities not later than January 1, 2003. for such a complex . SEC. 1017. REPORT ON THE ROLE OF THE DE- (2) If before January 1, 2003, the President PARTMENT OF DEFENSE IN SUP- (7) An explanation of the relationship be- PORTING HOMELAND SECURITY. submits to Congress the President’s certifi- tween and among such a complex and the De- (a) REPORT REQUIRED.—Not later than De- cation that it is in the national security in- partment of Defense Office of Trans- cember 31, 2002, the Secretary of Defense terest of the United States that such report formation, the Joint Staff, the United States shall submit to the congressional defense be submitted on a later date (to be specified Joint Forces Command, the United States committees a report on Department of De- by the President in the certification), such Northern Command, and each element of the fense responsibilities, mission, and plans for report shall be submitted not later than such major commands within the separate Armed military support of homeland security. later date. Forces with responsibility for experimen- (c) REPORT ON OPTIONS FOR ACHIEVING, tation and training. (b) CONTENT OF REPORT.—The report shall PRIOR TO FISCAL YEAR 2012, PRESIDENT’S OB- (8) A discussion of how implementation of include, but not be limited to, a discussion of JECTIVE FOR OPERATIONALLY DEPLOYED NU- a joint opposing force would be established, the following: CLEAR WARHEADS.—Not later than 90 days including the feasibility of using qualified (1) Changes in organization regarding the after the date of the enactment of this Act, contractors for the function of establishing roles, mission, and responsibilities carried the Secretary of Energy shall submit to Con- and maintaining joint opposing forces and out by the Department of Defense to support gress a report on options for achieving, prior the role of foreign forces. its homeland security mission and the rea- to fiscal year 2012, a posture under which the (9) Submission of a time line to establish sons for those changes based upon the find- United States maintains a number of oper- such a center and for such a center to ings of the study and report required by sec- ationally deployed nuclear warheads at a achieve initial operational capability and tion 1511 of the National Defense Authoriza- level of from 1,700 to 2,200 such warheads, as full operational capability. tion Act for Fiscal Year 2002 (Public Law outlined in the Nuclear Posture Review. The 107–107; 115 Stat. 1271). report shall include the following: SEC. 1016. REPEAL OF VARIOUS REPORTS RE- QUIRED OF THE DEPARTMENT OF (2) Changes in the roles, missions, and re- (1) For each of fiscal years 2006, 2008, and DEFENSE. sponsibilities of the Department of the 2010, an assessment of the options for achiev- (a) PROVISIONS OF TITLE 10.—Title 10, Army, the Department of the Navy, and the ing such posture as of such fiscal year. United States Code, is amended as follows: Department of the Air Force with respect to (2) An assessment of the effects of achiev- (1)(A) Section 230 is repealed. homeland security and the reasons for such ing such posture prior to fiscal year 2012 on (B) The table of sections at the beginning changes. cost, the dismantlement workforce, and any of chapter 9 is amended by striking the item (3) Changes in the roles, missions, and re- other affected matter. relating to section 230. sponsibilities of unified commands with SEC. 1015. REPORT ON ESTABLISHMENT OF A (2) Section 526 is amended by striking sub- homeland security missions and the reasons JOINT NATIONAL TRAINING COM- section (c). for such changes. PLEX AND JOINT OPPOSING FORCES. (3) Section 721(d) is amended— (4) Changes in the roles, missions, and re- (a) REPORT REQUIRED.—Not later than six (A) by striking paragraph (2); and sponsibilities of the United States Joint months after the date of the enactment of (B) by striking ‘‘(1)’’ before ‘‘If an officer’’. Forces Command and the United States this Act, the Secretary of Defense shall sub- mit to the Committee on Armed Services of (4) Section 986 is amended by striking sub- Northern Command in expanded homeland the Senate and the Committee on Armed section (e). security training and experimentation in- Services of the House of Representatives a (5) Section 1095(g) is amended— volving the Department of Defense and other report that outlines a plan to develop and (A) by striking paragraph (2); and Federal, State, and local entities, and the implement a joint national training com- (B) by striking ‘‘(1)’’ after ‘‘(g)’’. reasons for such changes. plex. Such a complex may include multiple (6) Section 1798 is amended by striking sub- (5) Changes in the roles, missions, and re- joint training sites and mobile training section (d). sponsibilities of the Army National Guard ranges and appropriate joint opposing forces (7) Section 1799 is amended by striking sub- and the Air National Guard in the homeland and shall be capable of supporting field exer- section (d). security mission of the Department of De- cises and experimentation at the operational (8) Section 2010 is amended by striking sub- fense, and the reasons for such changes. level of war across a broad spectrum of ad- section (b). (6) The status of the unconventional nu- versary capabilities. (9) Section 2327(c)(1) is amended— clear warfare defense test bed program es- (b) MATTERS TO BE INCLUDED.—The report (A) in subparagraph (A), by striking ‘‘after tablished in response to title IX of the De- under subsection (a) shall include the fol- the date on which such head of an agency partment of Defense Appropriations Act, 2002 lowing: submits to Congress a report on the con- (division A of Public Law 107–117; 115 Stat. (1) An identification and description of the tract’’ and inserting ‘‘if in the best interests 2289), including the plan and program for es- types of joint training and experimentation of the Government’’; and tablishing such test beds. that would be conducted at such a joint na- (B) by striking subparagraph (B). (7) The plans and status of the Department tional training complex, together with a de- (10) Section 2350f is amended by striking of Defense homeland security biological de- scription of how such training and experi- subsection (c). fense program, including the plans and sta- mentation would enhance accomplishment of (11) Section 2350k is amended by striking tus of— the six critical operational goals for the De- subsection (d). (A) the biological counter terrorism re- partment of Defense specified at page 30 of (12) Section 2492 is amended by striking search program; the Quadrennial Defense Review Report of subsection (c). (B) the biological defense homeland secu- the Secretary of Defense issued on Sep- (13) Section 2493 is amended by striking rity support program; tember 30, 2001. subsection (g). (C) pilot programs for establishing biologi- (2) A discussion of how establishment of (14) Section 2563(c)(2) is amended by strik- cal defense test beds on Department of De- such a complex (including joint opposing ing ‘‘and notifies Congress regarding the rea- fense installations and in selected urban forces) would promote innovation and trans- sons for the waiver’’. areas of the United States; formation throughout the Department of De- (15) Section 2611 is amended by striking (D) programs for expanding the capacity of fense. subsection (e). the Department of Defense to meet increased (3) A discussion of how results from train- (16) Sections 4357, 6975, and 9356 are each demand for vaccines against biological ing and experiments conducted at such a amended— agents; and H5576 CONGRESSIONAL RECORD — HOUSE July 25, 2002 (E) any plans to coordinate Department of that requirement, at the end of the five-year ‘‘§ 113a. Transmission of annual defense au- Defense work in biological defense programs period beginning on the date on which such thorization request with other Federal, State, and local pro- provision is enacted, except as otherwise pro- ‘‘(a) TIME FOR TRANSMITTAL.—The Sec- grams. vided by law. retary of Defense shall transmit to Congress (8) Recommendations for legislative ‘‘(b) RULE OF CONSTRUCTION.—A provision the annual defense authorization request for changes that may be required to execute the of law enacted after the date of the enact- a fiscal year during the first 30 days after the roles and missions set forth in Department ment of this section may not be considered date on which the President transmits to to supersede the provisions of subsection (a) of Defense homeland security plans. Congress the budget for that fiscal year pur- unless that provision specifically refers to SEC. 1018. REPORT ON EFFECTS OF NUCLEAR suant to section 1105 of title 31. subsection (a) and specifically states that it EARTH PENETRATOR WEAPONS AND ‘‘(b) DEFENSE AUTHORIZATION REQUEST DE- supersedes subsection (a). OTHER WEAPONS. FINED.—In this section, the term ‘defense au- ‘‘(c) RECURRING CONGRESSIONAL DEFENSE (a) NAS STUDY.—The Secretary of Defense thorization request’, with respect to a fiscal shall request the National Academy of REPORTING REQUIREMENTS.—In this section, the term ‘recurring defense congressional re- year, means a legislative proposal submitted Sciences to conduct a study and prepare a re- porting requirement’ means a requirement to Congress for the enactment of the fol- port on the anticipated short-term and long- by law for the submission of an annual, semi- lowing: term effects of the use of a nuclear earth annual, or other regular periodic report to ‘‘(1) Authorizations of appropriations for penetrator weapon on the target area, in- Congress, or one or more committees of Con- that fiscal year, as required by section 114 of cluding the effects on civilian populations in gress, that applies only to the Department of this title. proximity to the target area and on United Defense or to one or more officers of the De- ‘‘(2) Personnel strengths for that fiscal States military personnel performing oper- partment of Defense.’’. year, as required by section 115 of this title. ations and battle damage assessments in the (b) CLERICAL AMENDMENT.—The table of ‘‘(3) Any other matter that is proposed by target area, and the anticipated short-term sections at the beginning of such chapter is the Secretary of Defense to be enacted as and long-term effects on the civilian popu- amended by inserting after the item relating part of the annual defense authorization bill lation in proximity to the target area if— to section 480 the following new item: for that fiscal year.’’. (1) a non-penetrating nuclear weapon is ‘‘480a. Recurring reporting requirements: (b) CLERICAL AMENDMENT.—The table of used to destroy hard or deeply-buried tar- five-year limitation.’’. sections at the beginning of such chapter is gets; or amended by inserting after the item relating (2) a conventional high-explosive weapon is Subtitle C—Other Matters to section 113 the following new item: used to destroy an adversary’s weapons of SEC. 1021. SENSE OF CONGRESS ON MAINTE- ‘‘113a. Transmission of annual defense au- mass destruction storage or production fa- NANCE OF A RELIABLE, FLEXIBLE, thorization request.’’. cilities, and radioactive, nuclear, biological, AND ROBUST STRATEGIC DETER- RENT. SEC. 1023. TECHNICAL AND CLERICAL AMEND- or chemical weapons materials, agents, or MENTS. other contaminants are released or spread It is the sense of Congress that, consistent with the national defense strategy delin- (a) TITLE 10, UNITED STATES CODE.—Title into populated areas. 10, United States Code, is amended as fol- (b) REPORT.—Not later than 180 days after eated in the Quadrennial Defense Review dated September 30, 2001 (as submitted under lows: the date of the enactment of this Act, the (1) Section 153 is amended by inserting ‘‘(a) Secretary shall submit to Congress the re- section 118 of title 10, United States Code), the Nuclear Posture Review dated January PLANNING; ADVICE; POLICY FORMULATION.—’’ port under subsection (a), together with any at the beginning of the text. comments the Secretary may consider ap- 2002, and the global strategic environment, the President should, to defend the Nation, (2) Section 663(e)(2) is amended by striking propriate on the report. The report shall be ‘‘Armed Forces Staff College’’ and inserting submitted in unclassified form to the max- deter aggressors and potential adversaries, assure friends and allies, defeat enemies, dis- ‘‘Joint Forces Staff College’’. imum extent possible, with a classified (3) Section 2399(a)(2) is amended— annex if needed. suade competitors, advance the foreign pol- icy goals and vital interests of the United (A) in the matter preceding subparagraph SEC. 1019. REPORT ON EFFECTS OF NUCLEAR- States, and generally ensure the national se- (A), by striking ‘‘means—’’ and inserting TIPPED BALLISTIC MISSILE INTER- curity of the United States, take the fol- ‘‘means a conventional weapons system CEPTORS AND NUCLEAR MISSILES that—’’; and NOT INTERCEPTED. lowing actions: (B) in subparagraph (A), by striking ‘‘a (a) NAS STUDY.—The Secretary of Defense (1) Maintain an operationally deployed conventional weapons system that’’. shall request the National Academy of strategic force of not less than 1,700 nuclear (4)(A) Section 2410h is transferred to the Sciences to conduct a study and prepare a re- weapons for immediate and unexpected con- end of subchapter IV of chapter 87 and is re- port on the anticipated short-term and long- tingencies. designated as section 1747. term effects of the use of a nuclear-tipped (2) Maintain a responsive force of non-de- (B) The item relating to that section in the ballistic missile interceptor, including the ployed nuclear weapons for potential contin- table of sections at the beginning of chapter effects on civilian populations and on United gencies at readiness and numerical levels de- 141 is transferred to the end of the table of States military personnel in proximity to termined to be— sections at the beginning of subchapter IV of the target area, and the immediate, short- (A) essential to the execution of the Single chapter 87 and is amended to reflect the re- term, and long-term effects on the civilian Integrated Operational Plan; or designation made by subparagraph (A). population of a major city of the United (B) necessary to maintain strategic flexi- (5) Section 2677 is amended by striking sub- States, and the Nation as a whole, if a bal- bility and capability in accordance with the section (c). listic missile carrying a nuclear weapon is findings and conclusions of such Nuclear (6) Section 2680(e) is amended by striking not intercepted and detonates directly above Posture Review. ‘‘the’’ after ‘‘the Committee on’’ the first a major city of the United States. (3) Develop advanced conventional weap- place it appears. (b) REPORT.—Not later than 180 days after ons, and nuclear weapons, capable of (7) Section 2815(b) is amended by striking the date of the enactment of this Act, the destroying— ‘‘for fiscal year 2003 and each fiscal year Secretary shall submit to Congress the re- (A) hard and deeply buried targets; and thereafter’’ and inserting ‘‘for any fiscal port under subsection (a), together with any (B) enemy weapons of mass destruction year’’. comments the Secretary may consider ap- and the development and production facili- (8) Section 2828(b)(2) is amended by insert- propriate on the report. The report shall be ties of such enemy weapons. ing ‘‘time’’ after ‘‘from time to’’. submitted in unclassified form to the max- (4) Develop a plan to achieve and maintain (b) TITLE 37, UNITED STATES CODE.—Title imum extent possible, with a classified the capability to resume conducting under- 37, United States Code, is amended as fol- annex if needed. ground tests of nuclear weapons within one year after a decision is made to resume con- lows: SEC. 1020. LIMITATION ON DURATION OF FUTURE ducting such tests, so as to have the means (1) Section 302j(a) is amended by striking DEPARTMENT OF DEFENSE REPORT- ‘‘subsection (c)’’ and inserting ‘‘subsection ING REQUIREMENTS. to maintain robust and adaptive strategic (d)’’. (a) IN GENERAL.—Chapter 23 of title 10, forces through a ready, responsive, and capa- (2) Section 324(b) is amended by striking United States Code, is amended by inserting ble nuclear infrastructure, as prescribed in ‘‘(1)’’ before ‘‘The Secretary’’. after section 480 the following new section: such Nuclear Posture Review. (5) Develop a plan to revitalize the Na- (c) PUBLIC LAW 107–107.—Effective as of De- ‘‘§ 480a. Recurring reporting requirements: tion’s nuclear weapons industry and infra- cember 28, 2001, and as if included therein as five-year limitation structure so as to facilitate the development enacted, the National Defense Authorization ‘‘(a) FIVE-YEAR SUNSET.—Any recurring and production of safer, more reliable, and Act for Fiscal Year 2002 (Public Law 107–107) congressional defense reporting requirement more effective nuclear weapons. is amended as follows: that is established by a provision of law en- SEC. 1022. TIME FOR TRANSMITTAL OF ANNUAL (1) Section 602(a)(2) (115 Stat. 1132) is acted on or after the date of the enactment DEFENSE AUTHORIZATION LEGISLA- amended by striking ‘‘an’’ in the first quoted of the Bob Stump National Defense Author- TIVE PROPOSAL. matter. ization Act for Fiscal Year 2003 (including a (a) IN GENERAL.—Chapter 2 of title 10, (2) Section 1410(a)(3)(C) (115 Stat. 1266) by provision of law enacted as part of that Act) United States Code, is amended by inserting inserting ‘‘both places it appears’’ before shall cease to be effective, with respect to after section 113 the following new section: ‘‘and inserting’’. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5577

(3) Section 3007(d)(1)(C) (115 Stat. 1352) is (d) ADDITIONAL TERMS AND CONDITIONS.— (2) Since 1945, the United States has built amended by striking ‘‘2905(b)(7)(B)(iv)’’ and The Secretary may require such additional 172 bases overseas, of which only 24 are cur- inserting ‘‘2905(b)(7)(C)(iv)’’. terms and conditions in connection with the rently in use. (d) PUBLIC LAW 106–398.—Effective as of Oc- conveyance under subsection (a) as the Sec- (3) The aircraft carrier provides an inde- tober 30, 2000, and as if included therein as retary considers appropriate to protect the pendent base of operations should no land enacted, the Floyd D. Spence National De- interests of the United States. base be available for aircraft. fense Authorization Act for Fiscal Year 2001 SEC. 1026. ADDITIONAL WEAPONS OF MASS DE- (4) The aircraft carrier is an essential com- (as enacted into law by Public Law 106–398) is STRUCTION CIVIL SUPPORT TEAMS. ponent of the Navy. amended as follows: (a) SENSE OF CONGRESS.—It is the sense of (5) Both the F/A–18E/F aircraft program (1) Section 577(b)(2) (114 Stat. 1654A–140) is Congress that the Secretary of Defense and the Joint Strike Fighter aircraft pro- amended by striking ‘‘Federal’’ in the quoted should— gram are proceeding on schedule for deploy- matter and inserting ‘‘Department of De- (1) establish 23 additional teams designated ment on aircraft carriers. fense’’. as Weapons of Mass Destruction Civil Sup- (6) As established by the Navy, the United (2) Section 612(c)(4)(B) (114 Stat. 1654A–150) port Teams (for a total of 55 such teams); States requires the service of 15 aircraft car- is amended by striking the comma at the end and riers to completely fulfill all the naval com- of the first quoted matter. (2) ensure that of such 55 teams there is at mitments assigned to it without gapping car- (e) PUBLIC LAW 106–65.—The National De- least one team established for each State rier presence. fense Authorization Act for Fiscal Year 2000 and territory. (7) The Navy requires, at a minimum, at (Public Law 106–65) is amended as follows: (b) STATE AND TERRITORY DEFINED.—In this least 12 carriers to accomplish its current (1) Section 573(b) (10 U.S.C. 513 note) is section, the term ‘‘State and territory’’ missions. amended by inserting a period at the end of means the several States, the District of Co- (b) SENSE OF CONGRESS.—It is the sense of paragraph (2). lumbia, Puerto Rico, Guam, and the Virgin Congress that the number of aircraft carriers (2) Section 1305(6) (22 U.S.C. 5952 note) is Islands. of the Navy in active service should not be amended by striking the first period after SEC. 1027. USE FOR LAW ENFORCEMENT PUR- less than 12. ‘‘facility’’. POSES OF DNA SAMPLES MAIN- (c) COMMENDATION OF CREWS.—Congress (f) TITLE 14, UNITED STATES CODE.—Section TAINED BY DEPARTMENT OF DE- hereby commends the crews of the aircraft 516(c) of title 14, United States Code, is FENSE FOR IDENTIFICATION OF carriers that have participated in Operation amended by striking ‘‘his section’’ and in- HUMAN REMAINS. Enduring Freedom and the homeland defense serting ‘‘this section’’. (a) IN GENERAL.—Chapter 80 of title 10, mission. United States Code, is amended by adding at SEC. 1024. WAR RISK INSURANCE FOR VESSELS SEC. 1029. ENHANCED AUTHORITY TO OBTAIN IN SUPPORT OF NATO-APPROVED the end the following new section: FOREIGN LANGUAGE SERVICES OPERATIONS. ‘‘§ 1566. DNA samples maintained for identi- DURING PERIODS OF EMERGENCY. Section 1205 of the Merchant Marine Act, fication of human remains: use for law en- (a) NATIONAL FOREIGN LANGUAGE SKILLS 1936 (46 App. U.S.C. 1285) is amended by add- forcement purposes REGISTRY.—(1) The Secretary of Defense may ing at the end the following: ‘‘(a) COMPLIANCE WITH COURT ORDER.—(1) establish and maintain a secure data reg- ‘‘(c) INSURANCE OF VESSELS IN SUPPORT OF Subject to paragraph (2), if a valid order of a istry to be known as the ‘‘National Foreign NATO-APPROVED OPERATIONS.—(1) Upon re- Language Skills Registry’’. The data reg- quest made under subsection (b), the Sec- Federal court (or military judge) so requires, istry shall consist of the names of, and other retary may provide insurance for a vessel, an element of the Department of Defense pertinent information on, linguistically regardless of the country in which the vessel that maintains a repository of DNA samples qualified United States citizens and perma- is registered and the citizenship of its own- for the purpose of identification of human re- nent resident aliens who state that they are ers, that is supporting a military operation mains shall make available, for the purpose willing to provide linguistic services in approved by the North Atlantic Council, in- specified in subsection (b), such DNA sam- times of emergency designated by the Sec- cluding a vessel that is not operating under ples on such terms and conditions as such retary of Defense to assist the Department of contract with a department or agency of the court (or military judge) directs. Defense and other Departments and agencies United States. ‘‘(2) A DNA sample with respect to an indi- ‘‘(2) If a vessel is insured under paragraph vidual shall be provided under paragraph (1) of the United States with translation and in- (1) in response to a request made pursuant to in a manner that does not compromise the terpretation in languages designated by the an international agreement providing for the ability of the Department of Defense to Secretary of Defense as critical languages. sharing among nations of the risks involved maintain a sample with respect to that indi- (2) The name of a person may be included in mutual or joint operations, the Secretary vidual for the purpose of identification of in the Registry only if the person expressly of Transportation, with the concurrence of human remains. agrees for the person’s name to be included the Secretary of State, may seek from an- ‘‘(b) COVERED PURPOSE.—The purpose re- in the Registry. Any such agreement shall be other nation that is a party to such agree- ferred to in subsection (a) is the purpose of made in such form and manner as may be ment a commitment to indemnify the United an investigation or prosecution of a felony, specified by the Secretary. States for any amounts paid by the United or any sexual offense, for which no other (b) AUTHORITY TO ACCEPT VOLUNTARY States for claims against such insurance. source of DNA information is available. TRANSLATION AND INTERPRETATION SERV- ‘‘(3) Amounts received by the United ‘‘(c) DEFINITION.—In this section, the term ICES.—Section 1588(a) of title 10, United States as indemnity from a nation pursuant ‘DNA sample’ has the meaning given such States Code, is amended by adding at the end to paragraph (2) shall be deposited into the term in section 1565(c) of this title.’’. the following new paragraph: insurance fund created under section 1208. (b) CLERICAL AMENDMENT.—The table of ‘‘(6) Language translation and interpreta- ‘‘(4) Any obligation of a department or sections at the beginning of such chapter is tion services.’’. agency of the United States to indemnify the amended by adding at the end the following SEC. 1030. SURFACE COMBATANT INDUSTRIAL Secretary or the insurance fund for any new item: BASE. claim against insurance provided under this ‘‘1566. DNA samples maintained for identi- (a) REVIEW.—The Secretary of Defense subsection is extinguished to the extent of fication of human remains: use shall conduct a review of the effect of the any indemnification received from a nation for law enforcement purposes.’’. contract award announced on April 29, 2002, pursuant to paragraph (2) with respect to the SEC. 1028. SENSE OF CONGRESS CONCERNING for the lead design agent for the DD(X) ship claim.’’. AIRCRAFT CARRIER FORCE STRUC- program on the industrial base for ship com- SEC. 1025. CONVEYANCE, NAVY DRYDOCK, PORT- TURE. bat system development, including the in- LAND, OREGON. (a) FINDINGS.—Congress makes the fol- dustrial base for each of the following: ship (a) CONVEYANCE AUTHORIZED.—The Sec- lowing findings: systems integration, radar, electronic war- retary of the Navy may sell Navy Drydock (1) The aircraft carrier has been an inte- fare, launch systems, and other components. No. YFD-69, located in Portland, Oregon, to gral component in Operation Enduring Free- (b) REPORT REQUIRED.—Not later than Portland Shipyard, LLC, which is the cur- dom and in the homeland defense mission be- March 31, 2003, the Secretary shall submit to rent user of the drydock. ginning on September 11, 2001. The aircraft the congressional defense committees a re- (b) CONDITION OF CONVEYANCE.—The con- carriers that have participated in Operation port based on the review under subsection veyance under subsection (a) shall be subject Enduring Freedom, as of May 1, 2002, are the (a). The report shall provide the Secretary’s to the condition that the purchaser agree to USS Enterprise (CVN–65), the USS Carl Vin- assessment of the effect of that contract retain the drydock on Swan Island in Port- son (CVN–70), the USS Kitty Hawk (CV–63), award on the ship combat system technology land, Oregon, until at least September 30, the USS Theodore Roosevelt (CVN–71), the and industrial base and shall describe any 2007. USS John C. Stennis (CVN–74), and the USS actions that the Secretary proposes to en- (c) CONSIDERATION.—As consideration for John F. Kennedy (CV–67). The aircraft car- sure future competition across the array of the conveyance of the drydock under sub- riers that have participated in the homeland technologies that encompass the combat sys- section (a), the purchaser shall pay to the defense mission are the USS George Wash- tems of future surface ships, including the Secretary an amount equal to the fair mar- ington (CVN–73), the USS John F. Kennedy next generation cruiser (CG(X)), the littoral ket value of the drydock at the time of the (CV–67), and the USS John C. Stennis (CVN– combat ship (LCS), and the joint command conveyance, as determined by the Secretary. 74). ship (JCC(X)). H5578 CONGRESSIONAL RECORD — HOUSE July 25, 2002

SEC. 1031. ENHANCED COOPERATION BETWEEN (c) REPORT.—No later than March 1, 2003, the Secretary of Defense, shall establish a UNITED STATES AND RUSSIAN FED- the President shall submit to Congress a re- training program to ensure that members re- ERATION TO PROMOTE MUTUAL SE- port (in unclassified or classified form as ceive general instruction regarding issues af- CURITY. necessary) on the status of the objectives fecting law enforcement in the border areas (a) STATEMENT OF POLICY.—It is the policy under subsection (b). The report shall in- in which the members may perform duties of the United States to pursue greater co- clude the following: under an assignment under subsection (a). A operation, transparency, and confidence with (1) A description of the actions taken by member may not be deployed at a border lo- the Russian Federation regarding nuclear the President to engage the Russian Federa- cation pursuant to an assignment under sub- weapons policy, force structure, safeguards, tion to achieve those objectives. section (a) until the member has successfully testing, and proliferation prevention, as well (2) A description of the progress made to completed the training program. as nuclear weapons infrastructure, produc- ‘‘(d) CONDITIONS OF USE.—(1) Whenever a tion, and dismantlement, so as to promote achieve those objectives. member who is assigned under subsection (a) mutual security, stability, and trust. (3) A description of the response of the (b) SENSE OF CONGRESS REGARDING EN- Russian Federation to the actions referred to to assist the Immigration and Naturalization HANCED COOPERATION WITH RUSSIA.—It is the in paragraph (1). Service or the United States Customs Serv- sense of Congress that the President of the (4) The President’s assessment of the Rus- ice is performing duties at a border location United States should continue to engage the sian Federation’s commitment to a better, pursuant to the assignment, a civilian law President of the Russian Federation to closer relationship with the United States enforcement officer from the agency con- achieve the following objectives, consistent based on the principles of increased coopera- cerned shall accompany the member. with United States national security, in the tion and transparency. ‘‘(2) Nothing in this section shall be con- interest of promoting mutual trust, security, SEC. 1032. TRANSFER OF FUNDS TO INCREASE strued to— and stability: AMOUNTS FOR PAC–3 MISSILE PRO- ‘‘(A) authorize a member assigned under (1) An agreement that would seek to pre- CUREMENT AND ISRAELI ARROW subsection (a) to conduct a search, seizure, vent the illicit use, diversion, theft, or pro- PROGRAM. or other similar law enforcement activity or liferation of tactical nuclear weapons, and (a) INCREASE FOR PAC–3 PROCUREMENT.— to make an arrest; and their key components and materials, by— The amount provided in section 101 for Mis- ‘‘(B) supersede section 1385 of title 18 (pop- (A) withdrawing deployed nonstrategic nu- sile Procurement, Army, is hereby increased ularly known as the ‘Posse Comitatus Act’). clear weapons; by $65,000,000, to be available for an addi- ‘‘(e) ESTABLISHMENT OF ONGOING JOINT (B) accounting for, consolidating, and se- tional 24 PAC–3 missiles. TASK FORCES.—(1) The Attorney General or curing the Russian Federation’s nonstrategic (b) INCREASE FOR ISRAELI ARROW PRO- the Secretary of the Treasury may establish nuclear weapons; and GRAM.—The amount provided in section ongoing joint task forces when accompanied (C) dismantling or destroying United 201(4) for the Missile Defense Agency is here- by a certification by the President that the States and Russian nonstrategic nuclear by increased by $70,000,000, to be available assignment of members pursuant to the re- weapons in excess of each nation’s legitimate within program element 0603881C, Terminal quest to establish a joint task force is nec- defense needs. Defense Segment, only for the Israeli Arrow essary to respond to a threat to national se- (2) A reciprocal program of joint visits by Ballistic Missile Defense System program. curity posed by the entry into the United nuclear weapons scientists and experts of the (c) CORRESPONDING REDUCTION.—The States of terrorists or drug traffickers. United States and the Russian Federation to amount provided in section 201(4) for re- ‘‘(2) When established, any joint task force the United States nuclear test site in Ne- search, development, test, and evaluation, shall fully comply with the standards as set vada, and the Russian nuclear test site at Defense-wide, is hereby reduced by forth in this section. Novya Zemlya. $135,000,000, to be derived from amounts ‘‘(f) NOTIFICATION REQUIREMENTS.—The At- (3) A reciprocal program of joint visits and available to the Missile Defense Agency. torney General or the Secretary of the conferences at each nation’s nuclear weapons SEC. 1033. ASSIGNMENT OF MEMBERS TO ASSIST Treasury (as the case may be) shall notify laboratories and nuclear weapons develop- IMMIGRATION AND NATURALIZA- the Governor of the State in which members ment and production facilities to discuss TION SERVICE AND CUSTOMS SERV- are to be deployed pursuant to an assign- ICE. how to improve the safety and security of ment under subsection (a), and local govern- (a) ASSIGNMENT AUTHORITY OF SECRETARY each nation’s nuclear stockpile, nuclear ma- ments in the deployment area, of the deploy- OF DEFENSE.—Chapter 18 of title 10, United terials, and nuclear infrastructure. ment of the members to assist the Immigra- States Code, is amended by inserting after (4) A reciprocal program of joint visits and tion and Naturalization Service or the section 374 the following new section: conferences to explore greater cooperation United States Customs Service (as the case between the United States and the Russian ‘‘§ 374a. Assignment of members to assist bor- may be) and the types of tasks to be per- Federation with regard to ballistic missile der patrol and control formed by the members. ‘‘(g) REIMBURSEMENT REQUIREMENT.—Sec- defenses against intentional, unauthorized, ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon sub- and accidental launches of ballistic missiles. mission of a request consistent with sub- tion 377 of this title shall apply in the case (5) A joint commission on nonproliferation, section (b), the Secretary of Defense may as- of members assigned under subsection (a). composed of senior nonproliferation and in- sign members of the Army, Navy, Air Force, ‘‘(h) TERMINATION OF AUTHORITY.—No as- telligence officials from the United States and Marine Corps to assist— signment may be made or continued under and the Russian Federation, to meet regu- ‘‘(1) the Immigration and Naturalization subsection (a) after September 30, 2005.’’. larly in a closed forum to discuss ways to Service in preventing the entry of terrorists, (b) COMMENCEMENT OF TRAINING PRO- prevent rogue states and potential adver- drug traffickers, and illegal aliens into the GRAM.—The training program required by saries from acquiring— United States; and subsection (b) of section 374a of title 10, (A) weapons of mass destruction and bal- ‘‘(2) the United States Customs Service in United States Code, shall be established as listic missiles; the inspection of cargo, vehicles, and aircraft soon as practicable after the date of the en- (B) the dual-use goods, technologies, and at points of entry into the United States to actment of this Act. expertise necessary to develop weapons of prevent the entry of weapons of mass de- (c) CLERICAL AMENDMENT.—The table of mass destruction and ballistic missiles; and struction, components of weapons of mass sections at the beginning of such chapter is (C) advanced conventional weapons. destruction, prohibited narcotics or drugs, or amended by inserting after the item relating (6) A joint program to develop advanced other terrorist or drug trafficking items. to section 374 the following new item: methods for disposal of weapons-grade nu- ‘‘(b) REQUEST FOR ASSIGNMENT.—The as- ‘‘374a. Assignment of members to assist bor- clear materials excess to defense needs, in- signment of members under subsection (a) der patrol and control.’’. cluding safe, proliferation resistant, ad- may occur only if— SEC. 1034. SENSE OF CONGRESS ON PROHIBITION vanced nuclear fuel cycles that achieve more ‘‘(1) the assignment is at the request of the OF USE OF FUNDS FOR INTER- complete consumption of weapons materials, Attorney General, in the case of an assign- NATIONAL CRIMINAL COURT. and other methods that minimize waste and ment to the Immigration and Naturalization It is the sense of Congress that none of the hazards to health and the environment. Service, or the Secretary of the Treasury, in funds appropriated pursuant to authoriza- (7) A joint program to develop methods for the case of an assignment to the United tions of appropriations in this Act should be safeguarding, treating, and disposing of States Customs Service; and used for any assistance to, or to cooperate spent reactor fuel and other nuclear waste so ‘‘(2) the request of the Attorney General or with or to provide any support for, the Inter- as to minimize the risk to public health, the Secretary of the Treasury (as the case national Criminal Court. property, and the environment, as well as may be) is accompanied by a certification by TITLE XI—CIVILIAN PERSONNEL the possibility of diversion to illicit pur- the President that the assignment of mem- MATTERS poses. bers pursuant to the request is necessary to SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DE- (8) A joint program, built upon existing respond to a threat to national security FENSE NONAPPROPRIATED FUND programs, to cooperatively develop advanced posed by the entry into the United States of EMPLOYEES FOR LONG-TERM CARE methods and techniques for establishing a terrorists or drug traffickers. INSURANCE. state-of-the-art inventory control and moni- ‘‘(c) TRAINING PROGRAM REQUIRED.—The (a) IN GENERAL.—Section 9001(1) of title 5, toring system for nuclear weapons and mate- Attorney General or the Secretary of the United States Code, is amended— rial. Treasury (as the case may be), together with (1) in subparagraph (B), by striking ‘‘and’’; July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5579 (2) in subparagraph (C), by striking the (2) in the second sentence, by striking the military forces of Taiwan. Such plan shall comma at the end and inserting ‘‘; and’’; and period at the end and inserting ‘‘, based on include implementation of a wide range of (3) by inserting after subparagraph (C) the criteria developed by the Office.’’. programs, activities, exercises, and arrange- following new subparagraph: SEC. 1106. CERTIFICATION FOR DEPARTMENT OF ments focused on threat analysis, military ‘‘(D) an employee of a nonappropriated DEFENSE PROFESSIONAL ACCOUNT- doctrine, force planning, logistical support, fund instrumentality of the Department of ING POSITIONS. intelligence collection and analysis, oper- Defense described in section 2105(c),’’. (a) IN GENERAL.—(1) Chapter 81 of title 10, ational tactics, techniques, and procedures, (b) DISCRETIONARY AUTHORITY.—Section United States Code, is amended by adding at civil-military relations, and other subjects 9002 of such title is amended— the end the following new section: designed to improve the defensive capabili- (1) by redesignating subsections (b), (c), ‘‘§ 1599d. Professional accounting positions: ties of Taiwan and to enhance interoper- (d), and (e) as subsections (c), (d), (e), and (f), authority to prescribe certification and cre- ability between the military forces of Tai- respectively; and dential standards wan and the Armed Forces of the United States. (2) by inserting after subsection (a) the fol- ‘‘(a) AUTHORITY TO PRESCRIBE PROFES- (b) SUBMISSION TO CONGRESS.—At least 30 lowing new subsection (b): SIONAL CERTIFICATION STANDARDS.—The Sec- days before commencing implementation of ‘‘(b) DISCRETIONARY AUTHORITY REGARDING retary of Defense may prescribe professional NONAPPROPRIATED FUND INSTRUMENTAL- the plan described in subsection (a), the Sec- certification and credential standards for retary of Defense shall submit the plan to ITIES.—The Secretary of Defense may deter- professional accounting positions within the mine that a nonappropriated fund instru- Congress, in classified and unclassified form Department of Defense. Any such standard as necessary. mentality of the Department of Defense is shall be prescribed as a Department of De- covered under this chapter or is covered SEC. 1203. ADMINISTRATIVE SERVICES AND SUP- fense regulation. PORT FOR FOREIGN LIAISON OFFI- under an alternative long-term care insur- ‘‘(b) WAIVER AUTHORITY.—The Secretary ance program.’’. CERS. may waive any standard prescribed under (a) AUTHORITY.—Subchapter II of chapter SEC. 1102. EXTENSION OF DEPARTMENT OF DE- subsection (a) whenever the Secretary deter- 138 of title 10, United States Code, is amend- FENSE AUTHORITY TO MAKE LUMP- mines such a waiver to be appropriate. SUM SEVERANCE PAYMENTS. ed by adding at the end the following new ‘‘(c) APPLICABILITY.—A standard prescribed section: (a) IN GENERAL.—Section 5595(i)(4) of title under subsection (a) shall not apply to any ‘‘§ 2350m. Administrative services and sup- 5, United States Code, is amended by strik- person employed by the Department of De- port for foreign liaison officers ing ‘‘2003’’ and inserting ‘‘2006’’. fense before the standard is prescribed. (b) REPORT.—Not later than one year after ‘‘(a) AUTHORITY TO PROVIDE SERVICES AND ‘‘(d) REPORT.—The Secretary of Defense the date of the enactment of this Act, the shall submit to Congress a report on the Sec- SUPPORT.—The Secretary of Defense may President shall submit to Congress a report retary’s plans to provide training to appro- provide administrative services and support including recommendations whether the au- priate Department of Defense personnel to for foreign liaison officers performing duties thority under section 5595(i) of title 5, United meet any new professional and credential while such officers temporarily are assigned States Code, should be made permanent or standards prescribed under subsection (a). to components or commands of the armed forces. Such administrative services and sup- expanded to be made Governmentwide. Such report shall be prepared in conjunction port may include base or installation oper- SEC. 1103. COMMON OCCUPATIONAL AND with the Director of the Office of Personnel ation support services, office space, utilities, HEALTH STANDARDS FOR DIF- Management. Such a report shall be sub- FERENTIAL PAYMENTS AS A CON- copying services, fire and police protection, mitted not later than one year after the ef- SEQUENCE OF EXPOSURE TO ASBES- and computer support. The Secretary may fective date of any regulations, or any revi- TOS. provide such administrative services and sion to regulations, prescribed pursuant to (a) PREVAILING RATE SYSTEMS.—Section support with or without reimbursement, as subsection (a). 5343(c)(4) of title 5, United States Code, is the Secretary considers appropriate. ‘‘(e) DEFINITION.—In this section, the term amended by inserting before the semicolon ‘‘(b) EXPIRATION OF AUTHORITY.—The au- at the end the following: ‘‘, and for any hard- ‘professional accounting position’ means a thority under this section shall expire on ship or hazard related to asbestos, such dif- position or group of positions in the GS–510, September 30, 2005.’’. ferentials shall be determined by applying GS–511, and GS–505 series that involves pro- (b) CLERICAL AMENDMENT.—The table of occupational safety and health standards fessional accounting work.’’. sections at the beginning of such subchapter consistent with the permissible exposure (2) The table of sections at the beginning of is amended by adding at the end the fol- limit promulgated by the Secretary of Labor such chapter is amended by adding at the lowing new item: end the following new item: under the Occupational Safety and Health ‘‘2350m. Administrative services and support Act of 1970’’. ‘‘1599d. Professional accounting positions: for foreign liaison officers.’’. (b) GENERAL SCHEDULE PAY RATES.—Sec- authority to establish certifi- (c) REPORT.—Not later than March 1, 2005, tion 5545(d) of such title is amended by in- cation and credential stand- the Secretary of Defense shall provide to the serting before the period at the end of the ards.’’. Committees on Armed Services of the Senate first sentence the following: ‘‘, and for any (b) EFFECTIVE DATE.—Standards estab- and the House of Representatives a report hardship or hazard related to asbestos, such lished pursuant to section 1599d of title 10, describing, as of the date of submission of differentials shall be determined by applying United States Code, as added by subsection the report— occupational safety and health standards (a), may take effect no sooner than 120 days (1) the number of foreign liaison officers consistent with the permissible exposure after the date of the enactment of this Act. for which support has been provided under limit promulgated by the Secretary of Labor TITLE XII—MATTERS RELATING TO section 2350m of title 10, United States Code under the Occupational Safety and Health OTHER NATIONS (as added by subsection (a)); Act of 1970’’. SEC. 1201. SUPPORT OF UNITED NATIONS-SPON- (2) the countries from which such foreign (c) APPLICABILITY.—Subject to any vested SORED EFFORTS TO INSPECT AND liaison officers are or were assigned; constitutional property rights, any adminis- MONITOR IRAQI WEAPONS ACTIVI- (3) the type of support provided, the dura- trative or judicial determination after the TIES. tion for which the support was provided, and date of enactment of this Act concerning (a) LIMITATION ON AMOUNT OF ASSISTANCE the reasons the support was provided; and backpay for a differential established under IN FISCAL YEAR 2003.—The total amount of (4) the costs to the Department of Defense sections 5343(c)(4) or 5545(d) of such title the assistance for fiscal year 2003 that is pro- and the United States of providing such sup- shall be based on occupational safety and vided by the Secretary of Defense under sec- port. health standards described in the amend- tion 1505 of the Weapons of Mass Destruction SEC. 1204. ADDITIONAL COUNTRIES COVERED BY ments made by subsections (a) and (b). Control Act of 1992 (22 U.S.C. 5859a) as activi- LOAN GUARANTEE PROGRAM. SEC. 1104. CONTINUATION OF FEDERAL EM- ties of the Department of Defense in support Section 2540 of title 10, United States Code, PLOYEE HEALTH BENEFITS PRO- of activities under that Act may not exceed is amended— GRAM ELIGIBILITY. $15,000,000. (1) in subsection (b), by adding at the end Paragraph (4)(B) of section 8905a(d) of title (b) EXTENSION OF AUTHORITY TO PROVIDE the following new paragraph: 5, United States Code, is amended— ASSISTANCE.—Subsection (f) of section 1505 of ‘‘(5) A country that, as determined by the (1) in clause (i), by striking ‘‘2003’’ and in- the Weapons of Mass Destruction Control Secretary of Defense in consultation with serting ‘‘2006’’; and Act of 1992 (22 U.S.C. 5859a) is amended by the Secretary of State, assists in combatting (2) in clause (ii)— striking ‘‘2002’’ and inserting ‘‘2003’’. drug trafficking organizations or foreign ter- (A) by striking ‘‘2004’’ and inserting ‘‘2007’’; SEC. 1202. STRENGTHENING THE DEFENSE OF rorist organizations.’’; and and TAIWAN. (2) by adding at the end the following new (B) by striking ‘‘2003’’ and inserting ‘‘2006’’. (a) IMPLEMENTATION OF TRAINING PLAN.— subsection: SEC. 1105. TRIENNIAL FULL-SCALE FEDERAL Not later than 180 days after the date of en- ‘‘(d) REPORT.—The Secretary of Defense WAGE SYSTEM WAGE SURVEYS. actment of this Act, the Secretary of De- and the Secretary of State, whenever the Section 5343(b) of title 5, United States fense shall implement a comprehensive plan Secretaries consider such action to be war- Code, is amended— to conduct joint operational training for, ranted, shall jointly submit to the Commit- (1) in the first sentence, by striking ‘‘2 and exchanges of senior officers between, the tees on Armed Services and Foreign Rela- years’’ and inserting ‘‘3 years’’; and Armed Forces of the United States and the tions of the Senate and the Committees on H5580 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Armed Services and International Relations TITLE XIII—COOPERATIVE THREAT RE- obligated or expended. Nothing in the pre- of the House of Representatives a report enu- DUCTION WITH STATES OF THE ceding sentence shall be construed as author- merating those countries to be added or re- FORMER SOVIET UNION izing the obligation or expenditure of fiscal moved under subsection (b).’’. SEC. 1301. SPECIFICATION OF COOPERATIVE year 2003 Cooperative Threat Reduction funds for a purpose for which the obligation SEC. 1205. LIMITATION ON FUNDING FOR JOINT THREAT REDUCTION PROGRAMS DATA EXCHANGE CENTER IN MOS- AND FUNDS. or expenditure of such funds is specifically COW. (a) SPECIFICATION OF CTR PROGRAMS.—For prohibited under this title or any other pro- vision of law. (a) LIMITATION.—Not more than 50 percent purposes of section 301 and other provisions (d) LIMITED AUTHORITY TO VARY INDI- of the funds made available to the Depart- of this Act, Cooperative Threat Reduction programs are the programs specified in sec- VIDUAL AMOUNTS.—(1) Subject to paragraphs ment of Defense for fiscal year 2003 for ac- (2) and (3), in any case in which the Sec- tivities associated with the Joint Data Ex- tion 1501(b) of the National Defense Author- ization Act for Fiscal Year 1997 (Public Law retary of Defense determines that it is nec- change Center in Moscow, Russia, may be ob- essary to do so in the national interest, the 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note). ligated or expended for any such activity Secretary may obligate amounts appro- (b) FISCAL YEAR 2003 COOPERATIVE THREAT until— priated for fiscal year 2003 for a purpose list- REDUCTION FUNDS DEFINED.—As used in this (1) the United States and the Russian Fed- ed in any of the paragraphs in subsection (a) title, the term ‘‘fiscal year 2003 Cooperative eration enter into a cost-sharing agreement in excess of the amount specifically author- Threat Reduction funds’’ means the funds as described in subsection (d) of section 1231 ized for such purpose (including amounts au- appropriated pursuant to the authorization of the Floyd D. Spence National Defense Au- thorized under subsection (b)). thorization Act for Fiscal Year 2001 (as en- of appropriations in section 301 for Coopera- (2) An obligation of funds for a purpose acted into law by Public Law 106–398; 114 tive Threat Reduction programs. stated in any of the paragraphs in subsection Stat. 1654A–329); (c) AVAILABILITY OF FUNDS.—Funds appro- (a) in excess of the specific amount author- (2) the United States and the Russian Fed- priated pursuant to the authorization of ap- ized for such purpose may be made using the eration enter into an agreement or agree- propriations in section 301 for Cooperative authority provided in paragraph (1) only ments exempting the United States and any Threat Reduction programs shall be avail- after— United States person from Russian taxes, able for obligation for three fiscal years. (A) the Secretary submits to Congress no- and from liability under Russian laws, with SEC. 1302. FUNDING ALLOCATIONS. tification of the intent to do so together respect to activities associated with the (a) FUNDING FOR SPECIFIC PURPOSES.—Of with a complete discussion of the justifica- Joint Data Exchange Center; the $416,700,000 authorized to be appropriated tion for doing so; and (3) the Secretary of Defense submits to the to the Department of Defense for fiscal year (B) 15 days have elapsed following the date Committee on Armed Services of the Senate 2003 in section 301(23) for Cooperative Threat of the notification. and the Committee on Armed Services of the Reduction programs, the following amounts (3) The Secretary may not, under the au- House of Representatives a copy of each may be obligated for the purposes specified: thority provided in paragraph (1), obligate agreement referred to in paragraphs (1) and (1) For strategic offensive arms elimi- amounts for the purposes stated any of para- (2); and nation in Russia, $70,500,000. graphs (5) through (13) of subsection (a) in (4) a period of 30 days has expired after the (2) For strategic nuclear arms elimination excess of 115 percent of the amount specifi- date of the final submission under paragraph in Ukraine, $6,500,000. cally authorized for such purposes. (3). (3) For nuclear weapons transportation se- SEC. 1303. PROHIBITION AGAINST USE OF FUNDS (b) JOINT DATA EXCHANGE CENTER.—For curity in Russia, $19,700,000. UNTIL SUBMISSION OF REPORTS. purposes of this section, the term ‘‘Joint (4) For nuclear weapons storage security in No fiscal year 2003 Cooperative Threat Re- Data Exchange Center’’ means the United Russia, $39,900,000. duction funds may be obligated or expended States-Russian Federation joint center for (5) For activities designated as Other As- until 30 days after the date of the submission the exchange of data to provide early warn- sessments/Administrative Support, of— ing of launches of ballistic missiles and for $14,700,000. (1) the report required to be submitted in notification of such launches that is pro- (6) For defense and military contacts, fiscal year 2002 under section 1308(a) of the vided for in a joint United States-Russian $18,900,000. Floyd D. Spence National Defense Authoriza- Federation memorandum of agreement (7) For weapons of mass destruction infra- tion Act for Fiscal Year 2001 (as enacted into signed in Moscow in June 2000. structure elimination activities in law by Public Law 106–398; 114 Stat. 1654A– Kazakhstan, $9,000,000. 341); and SEC. 1206. LIMITATION ON NUMBER OF MILITARY (2) the update for the multiyear plan re- PERSONNEL IN COLOMBIA. (8) For weapons of mass destruction infra- structure elimination activities in Ukraine, quired to be submitted for fiscal year 2001 (a) LIMITATION.—None of the funds avail- $8,800,000. under section 1205 of the National Defense able to the Department of Defense may be (9) For chemical weapons destruction in Authorization Act for Fiscal Year 1995 (Pub- used to support or maintain more than 500 Russia, $50,000,000. lic Law 103–337; 22 U.S.C. 5952 note). members of the Armed Forces on duty in the (10) For biological weapons facility dis- SEC. 1304. REPORT ON USE OF REVENUE GEN- Republic of Colombia at any time. mantlement in the States of the former So- ERATED BY ACTIVITIES CARRIED (b) EXCEPTIONS.—There shall be excluded viet Union $11,500,000. OUT UNDER COOPERATIVE THREAT from counting for the purposes of the limita- (11) For biological weapons facility secu- REDUCTION PROGRAMS. Section 1308(c) of the Floyd D. Spence Na- tion in subsection (a) the following: rity and safety in the States of the former tional Defense Authorization Act for Fiscal (1) A member of the Armed Forces in the Soviet Union, $34,800,000. Year 2001 (as enacted into law by Public Law Republic of Colombia for the purpose of res- (12) For biological weapons collaborative 106–398; 114 Stat. 1654A–341) is amended by in- cuing or retrieving United States military or research in the States of the former Soviet serting at the end the following new para- civilian Government personnel, except that Union, $8,700,000. graph: the period for which such a member may be (13) For personnel reliability programs in ‘‘(6) To the maximum extent practicable, a so excluded may not exceed 30 days unless Russia, $100,000. description of how revenue generated by ac- expressly authorized by law. (14) For weapons of mass destruction pro- tivities carried out under Cooperative (2) A member of the Armed Forces assigned liferation prevention in the States of the Threat Reduction programs in recipient to the United States Embassy in Colombia as former Soviet Union, $40,000,000. ´ States is being utilized, monitored, and ac- an attache, as a member of the security as- (b) ADDITIONAL FUNDS AUTHORIZED FOR counted for.’’. sistance office, or as a member of the Marine CERTAIN PURPOSES.—Of the funds authorized Corps security contingent. to be appropriated to the Department of De- SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF FISSILE MA- (3) A member of the Armed Forces in Co- fense for fiscal year 2003 in section 301(23) for lombia to participate in relief efforts in re- TERIAL STORAGE FACILITY. Cooperative Threat Reduction programs, No funds authorized to be appropriated for sponding to a natural disaster. $83,600,000 may be obligated for any of the Cooperative Threat Reduction programs for (4) Nonoperational transient military per- purposes specified in paragraphs (1) through any fiscal year may be used for the design, sonnel. (4) and (9) of subsection (a) in addition to the planning, or construction of a second wing (5) A member of the Armed Forces making amounts specifically authorized in such for a storage facility for Russian fissile ma- a port call from a military vessel in Colom- paragraphs. terial. bia. (c) REPORT ON OBLIGATION OR EXPENDITURE SEC. 1306. SENSE OF CONGRESS AND REPORT RE- (c) WAIVER.—The Secretary of Defense may OF FUNDS FOR OTHER PURPOSES.—No fiscal QUIREMENT REGARDING RUSSIAN waive the limitation in subsection (a) if he year 2003 Cooperative Threat Reduction PROLIFERATION TO IRAN. determines that such waiver is in the na- funds may be obligated or expended for a (a) SENSE OF CONGRESS.—It is the sense of tional security interest. purpose other than a purpose listed in para- Congress that— (d) NOTIFICATION.—The Secretary shall no- graphs (1) through (14) of subsection (a) until (1) Russian proliferation to Iran con- tify the congressional defense committees 30 days after the date that the Secretary of stitutes a clear threat to the national secu- not later 15 days after the date of the exer- Defense submits to Congress a report on the rity and vital interests of the United States cise of the waiver authority under subsection purpose for which the funds will be obligated and undermines the purpose and goals of Co- (c). or expended and the amount of funds to be operative Threat Reduction programs; July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5581 (2) such proliferation consists primarily of employing such tools, and the timeline by military operating area of the Utah Test and nuclear and missile technology, goods, and which the President expects to see material Training Area located solely in the State of know-how, and dual-use items that could progress in ending Russian proliferation of Utah. The term includes the Dugway Prov- contribute to the development of weapons of direct and dual-use weapons of mass destruc- ing Ground. mass destruction and ballistic missiles; tion and missile goods, technologies, and SEC. 1402. MILITARY OPERATIONS AND OVER- (3) because of ongoing Russian assistance, know-how. FLIGHTS AT UTAH TEST AND TRAIN- the intelligence community estimates that SEC. 1307. PROHIBITION AGAINST USE OF COOP- ING RANGE. Iran could attempt to launch an interconti- ERATIVE THREAT REDUCTION (a) FINDINGS.—The Congress finds the fol- nental ballistic missile by 2005, and could FUNDS OUTSIDE THE STATES OF lowing: possess a nuclear weapon by 2010; THE FORMER SOVIET UNION. (1) The testing and development of mili- (4) Russian proliferation is providing Iran No Cooperative Threat Reduction funds au- tary weapons systems and the training of with the capability to strike United States thorized or appropriated for any fiscal year military forces are critical to ensuring the military forces, interests, allies, and friends may be used for threat reduction projects, national security of the United States. in the region with weapons-of-mass-destruc- programs, or activities in countries other (2) The Utah Test and Training Range is a tion-tipped ballistic missiles; than the States of the former Soviet Union. unique and irreplaceable national asset at (5) the issue of Russian proliferation to SEC. 1308. LIMITED WAIVER OF RESTRICTION ON the core of the test and training mission of Iran has been raised by United States offi- USE OF FUNDS. the Department of Defense. cials at the highest levels of the Russian (a) WAIVER AUTHORITY.—(1) The restriction (3) Areas designated as wilderness study Government; described in subsection (d)(5) of section 1203 areas are located near lands withdrawn for (6) Iran has long been identified as a State of the National Defense Authorization Act military use and are beneath special use air- sponsor of terrorism by the United States be- for Fiscal Year 1994 (Public Law 103–160; 107 space critical to the support of military test cause of its support of foreign terrorist orga- Stat. 1779; 22 U.S.C. 5952) shall not apply with and training missions at the Utah Test and nizations, and the combination of terrorist respect to United States assistance to Russia Training Range. organizations and weapons of mass destruc- if the President submits to Congress a writ- (4) Continued unrestricted access to the tion constitutes a grave threat to the na- ten certification that waiving the restriction special use airspace and lands that comprise tional security of the United States; is important to the national security inter- the Utah Test and Training Range is a na- (7) Russian proliferation to Iran raises seri- ests of the United States. tional security priority and is not incompat- ous questions regarding the intentions of the (2) The authority under paragraph (1) shall ible with the protection and proper manage- Russian Government, and its commitment to expire on December 31, 2005. ment of the natural, environmental, cul- nonproliferation and improved relations (b) REPORT.—Not later than 30 days after tural, and other resources of such lands. with the United States; the date that the President applies the waiv- (b) OVERFLIGHTS.—(1) Nothing in this title, (8) Russian proliferation to Iran could un- er authority under subsection (a), the Presi- the Wilderness Act (16 U.S.C. 1131 et seq.), or dermine Congressional support for Coopera- dent shall submit to Congress a report (in other land management laws generally appli- tive Threat Reduction programs; and classified and unclassified form as necessary) cable to federally designated wilderness (9) the President must safeguard United describing— areas or wilderness study areas in the Utah States national security and demonstrate (1) the arms control agreements with Test and Training Range shall restrict or United States resolve and commitment to which Russia is not committed to com- preclude low-level overflights, low-level stopping the proliferation of weapons of plying, the form or forms of noncommittal, military overflights and operations of mili- mass destruction and ballistic missiles and detailed evidence of such noncommittal; tary aircraft, helicopters, unmanned aerial through clear, firm, and coherent policies (2) why use of the waiver of authority was vehicles, military overflights or military and strategies that employ the full range of important to protect national security inter- overflights and operations that can be seen diplomatic and economic tools at his dis- ests; and or heard within those areas. posal, both positive and negative, to halt the (3) a strategy, plan, or policy incorporating (2) Paragraph (1) precludes any restriction regarding altitude or airspeed, noise level, serious and continuing problem of Russian the full range of policy tools available to the supersonic flight, route of flight, time of proliferation. President for promoting Russian commit- flight, seasonal usage, or numbers of flights (b) REPORT.—Not later than March 15 of ment to, and compliance with, all relevant 2003 through 2009, the President shall submit arms control agreements. of any military aircraft, helicopters, un- to Congress a report (in unclassified and SEC. 1309. LIMITATION ON USE OF FUNDS UNTIL manned aerial vehicles, missiles, aerospace classified form as necessary) describing in SUBMISSION OF REPORT ON DE- vehicles, and other military weapons sys- detail Russian proliferation of weapons of FENSE AND MILITARY CONTACTS tems over federally designated wilderness mass destruction and ballistic missile goods, ACTIVITIES. areas or wilderness study areas in the Utah technology, and know-how, and of dual-use Not more than 50 percent of fiscal year 2003 Test and Training Range. items that may contribute to the develop- Cooperative Threat Reduction Funds may be (3) In this subsection, the term ‘‘low-level’’ ment of weapons of mass destruction and obligated or expended for defense and mili- includes any flight down to and including 10 ballistic missiles, to Iran and to other coun- tary contacts activities until the Secretary feet above ground level. (c) SPECIAL USE AIRSPACE AND TRAINING tries during the year preceding the year in of Defense submits to Congress a report de- ROUTES.—Nothing in this title, the Wilder- which the report is submitted. The report scribing in detail the operation and success ness Act, or other land management laws shall include— of such activities carried out under Coopera- generally applicable to federally designated (1) a net assessment prepared by the Office tive Threat Reduction programs during fis- wilderness areas or wilderness study areas in of Net Assessment of the Department of De- cal years 2001 and 2002. Such report shall in- the Utah Test and Training Range shall re- fense; and clude a description of— strict or preclude the designation of new (2) a detailed description of the following: (1) the amounts obligated or expended for units of special use airspace, the expansion (A) The number, type, and quality of direct such activities; of existing units of special use airspace, or and dual-use weapons of mass destruction (2) the purposes, goals, and objectives for the use or establishment of military training and ballistic missile goods, items, and tech- which such amounts were obligated and ex- routes over federally designated wilderness nology being transferred. pended; areas or wilderness study areas in the Utah (B) The form, location, and manner in (3) a description of the activities carried out, including the forms of assistance pro- Test and Training Range. which such transfers take place. (d) COMMUNICATIONS AND TRACKING SYS- vided, and the justification for each form of (C) The contribution that such transfers TEMS.—Nothing in this title, the Wilderness assistance provided; could make to the recipient States’ weapons Act, or other land management laws gen- (4) the success of each activity, including of mass destruction and ballistic missile pro- erally applicable to federally designated wil- the goals and objectives achieved for each; grams, and how soon such States will test, derness areas or wilderness study areas in (5) a description of participation by private possess, and deploy weapons of mass destruc- the Utah Test and Training Range shall be sector entities in the United States in car- tion and ballistic missiles. construed to require the removal of existing rying out such activities, and the participa- (D) The impact that such transfers have, or communications, instrumentation, or elec- could have, on United States national secu- tion of any other Federal department or tronic tracking systems from these areas, to rity, on regional friends, allies, and inter- agency in such activities; and prevent any required maintenance of such ests, and on United States military forces (6) any other information that the Sec- systems, or to prevent the installation of deployed in the region to which such trans- retary considers relevant to provide a com- new communication, instrumentation, or fers are being made. plete description of the operation and suc- other equipment necessary for effective test- (E) The actions being taken by the United cess of activities carried out under Coopera- ing and training to meet military require- States to counter and defend against capa- tive Threat Reduction programs. ments so long as the installation and main- bilities developed by the recipient States as TITLE XIV—UTAH TEST AND TRAINING tenance of such systems do not require con- a result of such transfers. RANGE struction of any permanent roads in any fed- (F) The strategy, plan, or policy incor- SEC. 1401. DEFINITION OF UTAH TEST AND erally designated wilderness area or wilder- porating the full range of policy tools avail- TRAINING RANGE. ness study area. able that the President intends to employ to In this title, the term ‘‘Utah Test and (e) EMERGENCY ACCESS AND RESPONSE.—(1) halt Russian proliferation, the rationale for Training Range’’ means those portions of the Nothing in this title, the Wilderness Act, or H5582 CONGRESSIONAL RECORD — HOUSE July 25, 2002 other land management laws generally appli- ignated as wilderness by this title are hereby long as such regulations, policies, and prac- cable to federally designated wilderness withdrawn from all forms of entry, appro- tices fully conform with and implement the areas or wilderness study areas in the Utah priation, or disposal under the public land intent of Congress regarding grazing in such Test and Training Range shall restrict or laws, from location, entry, and patent under areas, as such intent is expressed in the Wil- preclude timely access to any area necessary the United States mining laws, and from dis- derness Act, section 101(f) of Public Law 101– to respond to emergency situations. Imme- position under all laws pertaining to mineral 628, and House Report 101–405, Appendix A. diate access, including access for emergency and geothermal leasing, and mineral mate- (6) Congress does not intend for the des- and rescue vehicles and equipment, shall not rials, and all amendments to such laws. ignation of the wilderness in this title to be restricted if human life or health may be (d) WATER.—Nothing in this title or any lead to the creation of protective perimeters in jeopardy. action taken pursuant to this title shall con- or buffer zones around any area designated (2) Not later than 120 days after the date of stitute an express or implied reservation of as wilderness by this title. The fact that the enactment of this Act, the Secretary of surface or groundwater by any person, in- nonwilderness activities or uses can be seen the Air Force and the Secretary of Interior cluding the United States. Nothing in this or heard within the areas designated as wil- shall enter into a memorandum of under- title affects any valid existing water rights derness by this title shall not, of itself, pre- standing providing formal procedures for ac- in existence before the date of the enactment clude such activities or uses up to the bound- cess to the federally designated wilderness of this Act, including any water rights held ary of that wilderness. areas or wilderness study areas that are lo- by the United States. If the United States (7) Until completion of a full revision of cated beneath airspace of the Utah Test and determines that additional water resources the Pony Express Area Resource Manage- Training Range, which may be necessary to are needed for the purposes of this title, the ment Plan, dated January 12, 1990, by the respond to emergency situations, to rescue United States shall acquire such rights in ac- Salt Lake Field Office of the Bureau of Land downed aircrew members, to investigate ac- cordance with the water laws of the State of Management, the Secretary of Interior shall cident locations, to recover military aircraft Utah. not grant or issue any authorizations pursu- or other weapons systems, and to restore ac- (e) MAP AND DESCRIPTION.—(1) As soon as ant to section 501(a)(6) of Public Law 94–579 cident locations. Military operations in the practicable after the date of the enactment (43 U.S.C. 1761(a)(6)) upon Federal lands iden- Utah Test and Training Range shall not be of this title, the Secretary of Interior shall tified as inventory units UTU-020-088, UTU- limited or restricted in any way pending transmit a map and legal description of the 020-095, UTU-020-096, and UTU-020-100, as gen- completion of the memorandum of under- areas designated as wilderness by this title erally depicted on the map entitled ‘‘Wilder- standing. to the Committee on Resources of the House ness Inventory, State of Utah’’, dated August (f) CONTROL OR RESTRICTION OF PUBLIC AC- of Representatives and the Committee on 1979. CESS.—(1) When required by national secu- Energy and Natural Resources of the Senate. rity or public safety, public access to feder- SEC. 1404. DESIGNATION OF PILOT RANGE WIL- (2) The map and legal description shall DERNESS. ally designated wilderness areas or wilder- have the same force and effect as if included ness study areas in the Utah Test and Train- Certain Federal lands in Box Elder County, in this title, except that the Secretary of In- ing Range that are located beneath airspace Utah, as generally depicted on the map enti- terior may correct clerical and typo- designated as special use airspace may be tled ‘‘Pilot Range Wilderness’’, and dated Oc- graphical errors in the map and legal de- controlled, restricted, or prohibited entirely. tober 1, 2001, are hereby designated as wilder- scription. ness, and shall be known as the Pilot Range Such controls, restrictions, or prohibitions (3) The map and legal description shall be shall remain in force for the minimum dura- Wilderness Area. on file and available for public inspection in SEC. 1405. DESIGNATION OF CEDAR MOUNTAIN tion necessary. The Secretary of the Air the office of the Director of the Bureau of Force shall provide advance notice of such WILDERNESS. Land Management and the office of the State controls, restrictions, or prohibitions to the Certain Federal lands in Tooele County, Director of the Bureau of Land Management Secretary of the Interior. Utah, as generally depicted on the map enti- (2) Not later than 120 days after the date of in the State of Utah. tled ‘‘Cedar Mountain Wilderness’’, and (f) ADMINISTRATION.—(1) Subject to valid the enactment of this Act, the Secretary of dated May 1, 2002, are hereby designated as existing rights and this title, the areas des- the Air Force and the Secretary of Interior wilderness, and shall be known as the Cedar ignated as wilderness in this title shall be shall enter into a memorandum of under- Mountain Wilderness Area. administered by the Secretary of Interior in standing prescribing procedures for imple- accordance with the provisions of the Wilder- TITLE XV—COST OF WAR AGAINST menting access controls, restrictions, or pro- ness Act, except that any reference in such TERRORISM AUTHORIZATION hibitions. Military operations in the Utah provisions to the effective date of the Wil- SEC. 1501. SHORT TITLE. Test and Training Range shall not be limited derness Act (or any similar reference) shall This title may be cited as the ‘‘Cost of War or restricted in any way pending completion Against Terrorism Authorization Act of of the memorandum of understanding. be deemed to be a reference to the date of the enactment of this Act. 2002’’. SEC. 1403. DESIGNATION AND MANAGEMENT OF (2) Any lands or interest in lands within LANDS IN UTAH TEST AND TRAINING SEC. 1502. AMOUNTS AUTHORIZED FOR THE WAR RANGE. the boundaries of an area designated as wil- ON TERRORISM. (a) DESIGNATION.—The following Federal derness by this title that is acquired by the The amounts authorized to be appropriated lands that are in the Utah Test and Training United States after the date of the enact- in this title, totalling $10,000,000,000, are au- Range are hereby designated as wilderness: ment of this Act shall be added to and ad- thorized for the conduct of operations in con- (1) Those lands that were managed pursu- ministered as part of the wilderness area tinuation of the war on terrorism in accord- ant to the nonimpairment standard set forth within which the acquired lands or interest ance with the Authorization for Use of Mili- in section 603(c) of Public Law 94–579 (43 in lands are located. tary Force (Public Law 107–40; 50 U.S.C. 1541 U.S.C. 1782(c)) on or before January 1, 1991. (3) The Secretary of the Interior may offer note) and, to the extent appropriations are (2) Those lands that were acquired by the to acquire lands and interest in lands located made pursuant to such authorizations, shall United States through donation, exchange, within the areas designated as wilderness by only be expended in a manner consistent or other method of acquisition and— this title. Such lands may be acquired at fair with the purposes stated in section 2(a) (A) are located entirely within the areas market value under this subsection by pur- thereof. identified in paragraph (1); or chase from willing sellers, by exchange for SEC. 1503. ADDITIONAL AUTHORIZATIONS (B) are located within a logical extension lands of approximately equal value, or by do- The amounts authorized to be appropriated of the boundaries of the areas identified in nation. by this title are in addition to amounts au- paragraph (1). (4) In furtherance of the purposes and prin- thorized to be appropriated for military (b) PLANNING PROCESS FOR FEDERAL LANDS ciples of the Wilderness Act, management functions of the Department of Defense for IN UTAH TEST AND TRAINING RANGE.—(1) The activities to maintain or restore fish and fiscal year 2003 in the other provisions of this Secretary of the Interior shall not continue wildlife populations and the habitats to sup- Act or any other Act. port such populations may be carried out the plan amendment process initiated pursu- Subtitle A—Authorization of Appropriations ant to section 202 of Public Law 94–579 (43 within the areas designated as wilderness by PART I—AUTHORIZATIONS TO TRANSFER U.S.C. 1712) and published in the Federal this title where consistent with relevant wil- ACCOUNTS Register on March 18, 1999 (64 Fed. Reg. derness management plans, in accordance 13439), for Federal lands located in the Utah with appropriate policies and guidelines such SEC. 1511. WAR ON TERRORISM OPERATIONS Test and Training Range. as those set forth in appendix B of the Re- FUND. (2) The Secretary of the Interior shall not port of the Committee on Interior and Insu- (a) AUTHORIZATION OF APPROPRIATIONS.— develop, maintain, or revise land use plans lar Affairs to accompany H.R. 2570 of the There is hereby authorized to be appro- pursuant to section 202 of Public Law 94–579 101st Congress (H. Rept. 101–405). priated to the Department of Defense for fis- (43 U.S.C. 1712) for Federal lands located in (5) Within the areas designated as wilder- cal year 2003 the amount of $3,544,682,000, to the Utah Test and Training Range without ness by this title, the grazing of livestock, be available only for operations in accord- the prior concurrence of the Secretary of the where established before the date of the en- ance with the purposes stated in section 1502 Air Force and the Commander-in-Chief of actment of this Act, shall be permitted to for Operation Noble Eagle and Operation En- the military forces of the State of Utah. continue subject to such reasonable regula- during Freedom. Funds authorized in the (c) WITHDRAWAL.—Subject to valid existing tions, policies, and practices as the Sec- preceding sentence may only be used as pro- rights, the Federal lands in the areas des- retary of the Interior considers necessary, as vided in subsection (b). July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5583

(b) TRANSFER AUTHORITY.—Subject to sec- title is in addition to any other transfer au- cal year 2003 for unspecified intelligence and tion 1503, the Secretary of Defense may, in thority available to the Secretary of Defense classified activities in the amount of the Secretary’s discretion, transfer amounts under this Act or any other Act. $1,980,674,000, of which— authorized in subsection (a) to any fiscal PART II—AUTHORIZATIONS TO SPECIFIED (1) $1,618,874,000 is authorized to be appro- year 2003 military personnel or operation and ACCOUNTS priated to procurement accounts; maintenance account of the Department of SEC. 1521. ARMY PROCUREMENT. (2) $301,600,000 is authorized to be appro- Defense for the purposes stated in that sub- Funds are hereby authorized to be appro- priated to operation and maintenance ac- section. priated for fiscal year 2003 for procurement counts; and SEC. 1512. WAR ON TERRORISM EQUIPMENT RE- accounts of the Army in amounts as follows: (3) $60,200,000 is authorized to be appro- PLACEMENT AND ENHANCEMENT (1) For ammunition, $94,000,000. priated to research, development, test, and FUND. (2) For other procurement, $10,700,000. evaluation accounts. (a) AUTHORIZATION OF APPROPRIATIONS.— SEC. 1522. NAVY AND MARINE CORPS PROCURE- SEC. 1527. GLOBAL INFORMATION GRID SYSTEM. There is hereby authorized to be appro- MENT. None of the funds authorized to be appro- priated to the Department of Defense for fis- (a) NAVY.—Funds are hereby authorized to priated by this Act for the Department of cal year 2003 the amount of $1,000,000,000, to be appropriated for fiscal year 2003 for pro- Defense system known as the Global Infor- be available only in accordance with the pur- curement accounts for the Navy in amounts mation Grid may be obligated until the Sec- poses stated in section 1502 and to be used as follows: retary of Defense submits to the Committees only as provided in subsection (b). (1) For aircraft, $106,000,000. on Armed Services and the Committees on (b) TRANSFER AUTHORITY.—Subject to sec- (2) For weapons, including missiles and Appropriations of the Senate and House of tion 1513, the Secretary of Defense may, in torpedoes, $633,000,000. Representatives the Secretary’s certification the Secretary’s discretion, transfer amounts (b) MARINE CORPS.—Funds are hereby au- authorized in subsection (a) to any fiscal thorized to be appropriated for fiscal year that the end-to-end system is secure and pro- year 2003 procurement or research, develop- 2003 for the procurement account for the Ma- tected from unauthorized access to the infor- ment, test, and evaluation account of the rine Corps in the amount of $25,200,000. mation transmitted through the system. Department of Defense for the purpose of— (c) NAVY AND MARINE CORPS AMMUNITION.— SEC. 1528. OPERATION AND MAINTENANCE. (1) emergency replacement of equipment Funds are hereby authorized to be appro- Funds are hereby authorized to be appro- and munitions lost or expended in operations priated for fiscal year 2003 for the procure- priated for fiscal year 2003 for the use of the conducted as part of Operation Noble Eagle ment account for ammunition for the Navy Armed Forces for expenses, not otherwise or Operation Enduring Freedom; or and the Marine Corps in the amount of provided for, for operation and maintenance, (2) enhancement of critical military capa- $120,600,000. in amounts as follows: bilities necessary to carry out operations SEC. 1523. AIR FORCE PROCUREMENT. (1) For the Army, $14,270,000. pursuant to Public Law 107-40. Funds are hereby authorized to be appro- (2) For the Navy, $5,252,500. SEC. 1513. GENERAL PROVISIONS APPLICABLE priated for fiscal year 2003 for procurement (3) For the Marine Corps, $11,396,000. TO TRANSFERS. accounts for the Air Force in amounts as fol- (4) For the Air Force, $517,285,000. (a) IN GENERAL.—Amounts transferred pur- lows: suant to section 1511(b) or 1512(b) shall be (1) For aircraft, $214,550,000. SEC. 1529. MILITARY PERSONNEL. merged with, and available for the same pur- (2) For ammunition, $157,900,000. There is hereby authorized to be appro- poses and the same time period as, the ac- (3) For other procurement, $10,800,000. priated to the Department of Defense for count to which transferred. SEC. 1524. DEFENSE-WIDE ACTIVITIES PROCURE- military personnel accounts for fiscal year (b) CONGRESSIONAL NOTICE-AND-WAIT RE- MENT. 2003 a total of $503,100,000. QUIREMENT.—A transfer may not be made Funds are hereby authorized to be appro- PART III—MILITARY CONSTRUCTION under section 1511(b) or 1512(b) until the Sec- priated for fiscal year 2003 for the procure- AUTHORIZATIONS retary of Defense has submitted a notice in ment account for Defense-wide procurement writing to the Committees on Armed Serv- in the amount of $620,414,000. SEC. 1531. AUTHORIZED MILITARY CONSTRUC- ices and the Committees on Appropriations SEC. 1525. RESEARCH, DEVELOPMENT, TEST, AND TION AND LAND ACQUISITION of the Senate and House of Representatives EVALUATION, DEFENSE-WIDE. PROJECTS. of the proposed transfer and a period of 15 Funds are hereby authorized to be appro- (a) PROJECTS AUTHORIZED.—Using amounts days has elapsed after the date such notice is priated for fiscal year 2003 for the research, appropriated pursuant to the authorization received. Any such notice shall include spec- development, test, and evaluation account of appropriations in subsection (b), the Sec- ification of the amount of the proposed for Defense-wide activities in the amount of retary of the military department concerned transfer, the account to which the transfer is $390,100,000. may acquire real property and carry out to be made, and the purpose of the transfer. SEC. 1526. CLASSIFIED ACTIVITIES. military construction projects for the instal- (c) TRANSFER AUTHORITY CUMULATIVE.— Funds are hereby authorized to be appro- lations and locations, and in the amounts, The transfer authority provided by this sub- priated for the Department of Defense for fis- set forth in the following table:

Projects Authorized

Military Department Installation or location Amount

Department of the Army ...... Qatar ...... $8,600,000 Department of the Navy ...... Naval Station, Guantanamo Bay, Cuba ...... $4,280,000 Naval Station, Rota, Spain ...... $18,700,000 Department of the Air Force ...... Bolling Air Force Base, District of Columbia ...... $3,500,000

Total ...... $35,080,000

(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Pay grade: Monthly Rate ‘‘Pay grade: Monthly Rate Funds are hereby authorized to be appro- O–9 ...... $200 E–3 ...... $200 priated for fiscal year 2003 for the military O–8 ...... $200 E–2 ...... $200 construction projects authorized by sub- O–7 ...... $200 E–1 ...... $200’’. section (a) in the total amount of $35,080,000. O–6 ...... $300 (b) INCENTIVE PAY FOR PARACHUTE JUMPING O–5 ...... $300 Subtitle B—Wartime Pay and Allowance WITHOUT STATIC LINE.—Subsection (c)(1) of Increases O–4 ...... $275 O–3 ...... $225 such section is amended by striking ‘‘$225’’ SEC. 1541. INCREASE IN RATE FOR FAMILY SEPA- O–2 ...... $200 and inserting ‘‘$275’’. RATION ALLOWANCE. O–1 ...... $200 (c) OTHER HAZARDOUS DUTIES.—Subsection Section 427(a)(1) of title 37, United States W–5 ...... $300 (c)(1) of such section is amended by striking Code, is amended by striking ‘‘$100’’ and in- W–4 ...... $300 ‘‘$150’’ and inserting ‘‘$200’’. serting ‘‘$125’’. W–3 ...... $225 (d) REMOVAL OF AIR WEAPONS CONTROLLER SEC. 1542. INCREASE IN RATES FOR VARIOUS W–2 ...... $200 CREW MEMBERS FROM LIST OF HAZARDOUS HAZARDOUS DUTY INCENTIVE PAYS. W–1 ...... $200 DUTIES.—Such section is further amended— (a) FLIGHT PAY FOR CREW MEMBERS.—Sub- E–9 ...... $290 (1) in subsection (a)— section (b) of section 301 of title 37, United E–8 ...... $290 (A) by striking paragraph (12); States Code, is amended by striking the E–7 ...... $290 (B) in paragraph (11), by striking ‘‘; or’’ and table and inserting the following new table: E–6 ...... $265 inserting a period; and ‘‘Pay grade: Monthly Rate E–5 ...... $240 (C) in paragraph (10), by inserting ‘‘or’’ O–10 ...... $200 E–4 ...... $215 after the semicolon; and H5584 CONGRESSIONAL RECORD — HOUSE July 25, 2002

(2) in subsection (c), as amended by sub- (1) Weapons of Mass Destruction Civil Sup- (d) DEADLINE FOR IMPLEMENTATION.—The sections (b) and (c) of this section— port Teams are strategic assets, stationed at Secretary of Defense shall ensure that sub- (A) by striking ‘‘(1)’’; and the operational level, as an immediate re- section (b) is fully implemented not later (B) by striking paragraph (2). sponse capability to assist local responders than September 30, 2003. in the event of an emergency within the SEC. 1543. INCREASE IN RATE FOR DIVING DUTY SEC. 1552. AUTHORITY FOR JOINT TASK FORCES SPECIAL PAY. United States involving use or potential use TO PROVIDE SUPPORT TO LAW EN- Section 304(b) of title 37, United States of weapons of mass destruction. FORCEMENT AGENCIES CON- Code, is amended— (2) Since September 11 2001, Civil Support DUCTING COUNTER-TERRORISM AC- (1) by striking ‘‘$240’’ and inserting ‘‘$290’’; Teams have responded to more than 200 re- TIVITIES. and quests for support from civil authorities for (a) AUTHORITY.—A joint task force of the (2) by striking ‘‘$340’’ and inserting ‘‘$390’’. actual or potential weapons of mass destruc- Department of Defense that provides support SEC. 1544. INCREASE IN RATE FOR IMMINENT tion incidents and have supported various to law enforcement agencies conducting DANGER PAY. national events, including the World Series, counter-drug activities may also provide, Section 310(a) of title 37, United States the Super Bowl, and the 2002 Winter Olym- consistent with all applicable laws and regu- Code, is amended by striking ‘‘$150’’ and in- pics. lations, support to law enforcement agencies serting ‘‘$250’’. (3) To enhance homeland security as the conducting counter-terrorism activities. Nation fights the war against terrorism, SEC. 1545. INCREASE IN RATE FOR CAREER EN- (b) CONDITIONS.—Any support provided each State and territory must have a Weap- LISTED FLYER INCENTIVE PAY. under subsection (a) may only be provided in ons of Mass Destruction Civil Support Team The table in section 320(d) of title 37, the geographic area of responsibility of the to respond to potential weapons of mass de- United States Code, is amended to read as joint task force. struction incidents. follows: (4) In section 1026 of the Bob Stump Na- (c) FUNDS.—Funds are hereby authorized to ‘‘Years of aviation Monthly rate tional Defense Authorization Act for Fiscal be appropriated for fiscal year 2003 in the service Year 2003 as passed the House of Representa- amount of $5,000,000 to provide support for 4 or less ...... $200 tives on May 10, 2002 (H.R. 4546 of the 107th counter-terrorism activities in accordance Over 4 ...... $275 Congress), the House of Representatives has with subsections (a) and (b). Over 8 ...... $400 already taken action to that end by express- SEC. 1553. SENSE OF CONGRESS ON ASSISTANCE Over 14 ...... $450’’. ing the sense of Congress that the Secretary TO FIRST RESPONDERS. SEC. 1546. INCREASE IN AMOUNT OF DEATH GRA- of Defense should establish 23 additional It is the sense of Congress that the Sec- TUITY. Weapons of Mass Destruction Civil Support retary of Defense should, to the extent the Section 1478(a) of title 10, United States Teams in order to provide at least one such Secretary determines appropriate, use funds Code, is amended by striking ‘‘$6,000’’ and in- team in each State and territory. provided in this Act to assist, train, and serting ‘‘$12,000’’. (5) According to a September 2001 report of equip local fire and police departments that SEC. 1547. EFFECTIVE DATE. the Comptroller General entitled ‘‘Com- would be a first responder to a domestic ter- (a) IN GENERAL.—Except as provided in bating Terrorism’’, the Department of De- rorist incident that may come about in con- subsection (b), the amendments made by this fense plans that there eventually should be a nection with the continued fight to pros- title shall take effect on the later of the fol- Weapons of Mass Destruction Civil Support ecute the war on terrorism. lowing: Teams in each State, territory, and the Dis- DIVISION B—MILITARY CONSTRUCTION (1) The first day of the first month begin- trict of Columbia. (b) REQUIREMENT.—From funds authorized AUTHORIZATIONS ning on or after the date of the enactment of to be appropriated in section 101, the Sec- this Act. SEC. 2001. SHORT TITLE. retary of Defense shall ensure that there is (2) October 1, 2002. established at least one Weapons of Mass De- This division may be cited as the ‘‘Military (b) DEATH GRATUITY.—The amendment struction Civil Support Team in each State. Construction Authorization Act for Fiscal made by section 1546 shall apply with respect (c) DEFINITIONS.—For purposes of this sec- Year 2003’’. to a person covered by section 1475 or 1476 of tion: TITLE XXI—ARMY title 10, United States Code, whose date of (1) The term ‘‘Weapons of Mass Destruc- death occurs on or after the later of the fol- tion Civil Support Team’’ means a team of SEC. 2101. AUTHORIZED ARMY CONSTRUCTION lowing: members of the reserve components of the AND LAND ACQUISITION PROJECTS. (1) The date of the enactment of this Act. armed forces that is established under sec- (a) INSIDE THE UNITED STATES.—Using (2) October 1, 2002. tion 12310(c) of title 10, United States Code, amounts appropriated pursuant to the au- Subtitle C—Additional Provisions in support of emergency preparedness pro- thorization of appropriations in section SEC. 1551. ESTABLISHMENT OF AT LEAST ONE grams to prepare for or to respond to any 2104(a)(1), the Secretary of the Army may ac- WEAPONS OF MASS DESTRUCTION emergency involving the use of a weapon of quire real property and carry out military CIVIL SUPPORT TEAM IN EACH mass destruction. construction projects for the installations STATE. (2) The term ‘‘State’’ includes the District and locations inside the United States, and (a) FINDINGS.—Congress makes the fol- of Columbia, Puerto Rico, the Virgin Islands, in the amounts, set forth in the following lowing findings: and Guam. table:

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 July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5585 Army: Inside the United States—Continued

State Installation or location Amount

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 2104(a)(2), the Secretary of the Army may ac- and locations outside the United States, and amounts appropriated pursuant to the au- quire real property and carry out military in the amounts, set forth in the following thorization of appropriations in section construction projects for the installations 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 2104(a)(3), the Secretary of the Army may ac- and location, and in the amount, set forth in amounts appropriated pursuant to the au- quire real property and carry out military the following table: thorization of appropriations in section construction projects for the installation

Army: Unspecified Worldwide

Location Installation Amount

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

SEC. 2102. FAMILY HOUSING. 2104(a)(6)(A), the Secretary of the Army may facilities) at the installations, for the pur- (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units poses, and in the amounts set forth in the amounts appropriated pursuant to the au- (including land acquisition and supporting following table: thorization of appropriations in section

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

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

(b) PLANNING AND DESIGN.—Using amounts SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, (4) For unspecified minor construction appropriated pursuant to the authorization ARMY. projects authorized by section 2805 of title 10, of appropriations in section 2104(a)(6)(A), the (a) IN GENERAL.—Funds are hereby author- United States Code, $21,550,000. Secretary of the Army may carry out archi- ized to be appropriated for fiscal years begin- (5) For architectural and engineering serv- ices and construction design under section tectural and engineering services and con- ning after September 30, 2002, for military struction design activities with respect to 2807 of title 10, United States Code, construction, land acquisition, and military $158,796,000. the construction or improvement of family family housing functions of the Department (6) For military family housing functions: housing units in an amount not to exceed of the Army in the total amount of (A) For construction and acquisition, plan- $15,653,000. $2,935,609,000 as follows: ning and design and improvement of military SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY (1) For military construction projects in- family housing and facilities, $278,426,000. HOUSING UNITS. side the United States authorized by section (B) For support of military family housing 2101(a), $803,247,000. (including the functions described in section Subject to section 2825 of title 10, United (2) For military construction projects out- 2833 of title 10, United States Code), States Code, and using amounts appropriated side the United States authorized by section $1,122,274,000. pursuant to the authorization of appropria- 2101(b), $345,316,000. (7) For the construction of phase 3 of a bar- tions in section 2104(a)(6)(A), the Secretary (3) For military construction projects at racks complex, Butner Road, at Fort Bragg, of the Army may improve existing military unspecified worldwide locations authorized North Carolina, authorized by section 2101(a) family housing units in an amount not to ex- by section 2101(c), $4,000,000. of the Military Construction Authorization ceed $234,831,000. Act for Fiscal Year 2001 (division B of the H5586 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Floyd D. Spence National Defense Authoriza- cost of all projects carried out under section SEC. 2105. MODIFICATION OF AUTHORITY TO tion Act for Fiscal Year 2001, as enacted into 2101 of this Act may not exceed— CARRY OUT CERTAIN FISCAL YEAR law by Public Law 106–398; 114 Stat. 1654A– (1) the total amount authorized to be ap- 2002 PROJECTS. 389), $50,000,000. propriated under paragraphs (1), (2), and (3) (a) MODIFICATION.—The table in section (8) For the construction of phase 2 of a bar- of subsection (a); 2101(a) of the Military Construction Author- racks complex, D Street, at Fort Richardson, (2) $18,000,000 (the balance of the amount ization Act for Fiscal Year 2002 (division B of Alaska, authorized by section 2101(a) of the authorized under section 2101(a) for construc- Public Law 107-107; 115 Stat. 1281) is Military Construction Authorization Act for tion of a barracks complex, Main Post, at amended— Fiscal Year 2002 (division B of Public Law Fort Benning, Georgia); (1) in the item relating to Fort Carson, 107–107; 115 Stat. 1280), $21,000,000. (3) $100,000,000 (the balance of the amount Colorado, by striking ‘‘$66,000,000’’ in the (9) For the construction of phase 2 of a bar- authorized under section 2101(a) for construc- amount column and inserting ‘‘$67,000,000’’; racks complex, Nelson Boulevard, at Fort tion of a barracks complex, Capron Avenue, and Carson, Colorado, authorized by section at Schofield Barracks, Hawaii); (2) in the item relating to Fort Jackson, 2101(a) of the Military Construction Author- (4) $50,000,000 (the balance of the amount South Carolina, by striking ‘‘$65,650,000’’ in ization Act for Fiscal Year 2002 (division B of authorized under section 2101(a) for construc- the amount column and inserting Public Law 107–107; 115 Stat. 1280), as amend- tion of a barracks complex, Range Road, at ‘‘$68,650,000’’. ed by section 2105 of this Act, $42,000,000. Fort Campbell, Kentucky); and (b) CONFORMING AMENDMENTS.—Section (10) For the construction of phase 2 of a (5) $5,000,000 (the balance of the amount au- 2104(b) of that Act (115 Stat. 1284) is basic combat trainee complex at Fort Jack- thorized under section 2101(a) for a military amended— son, South Carolina, authorized by section construction project at Fort Bliss, Texas). (1) in paragraph (3), by striking 2101(a) of the Military Construction Author- ‘‘$41,000,000’’ and inserting ‘‘$42,000,000’’; and (c) ADJUSTMENT.—The total amount au- ization Act for Fiscal Year 2002 (division B of (2) in paragraph (4), by striking thorized to be appropriated pursuant to para- Public Law 107–107; 115 Stat. 1280), as amend- ‘‘$36,000,000’’ and inserting ‘‘$39,000,000’’. graphs (1) through (11) of subsection (a) is ed by section 2105 of this Act, $39,000,000. TITLE XXII—NAVY (11) For the construction of phase 2 of a the sum of the amounts authorized to be ap- propriated in such paragraphs, reduced by SEC. 2201. AUTHORIZED NAVY CONSTRUCTION barracks complex, 17th and B Streets at Fort AND LAND ACQUISITION PROJECTS. $13,676,000, which represents the combination Lewis, Washington, authorized by section (a) INSIDE THE UNITED STATES.—Using 2101(a) of the Military Construction Author- of savings resulting from adjustments to for- amounts appropriated pursuant to the au- ization Act for Fiscal Year 2002 (division B of eign currency exchange rates for military thorization of appropriations in section Public Law 107–107; 115 Stat. 1280), $50,000,000. construction, military family housing con- 2204(a)(1), the Secretary of the Navy may ac- (b) LIMITATION ON TOTAL COST OF CON- struction, and military family housing sup- quire real property and carry out military STRUCTION PROJECTS.—Notwithstanding the port outside the United States and savings construction projects for the installations cost variations authorized by section 2853 of resulting from favorable bids, reduced over- and locations inside the United States, and title 10, United States Code, and any other head charges, and cancellations due to force in the amounts, set forth in the following cost variation authorized by law, the total structure changes. 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 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 July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5587 Navy: Inside the United States—Continued

State Installation or location Amount

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 2204(a)(2), the Secretary of the Navy may ac- side the United States, and in the amounts, amounts appropriated pursuant to the au- quire real property and carry out military set forth in the following table: thorization of appropriations in section construction projects for the locations out-

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. 2204(a)(5)(A), the Secretary of the Navy may facilities) at the installations, for the pur- (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units poses, and in the amounts set forth in the amounts appropriated pursuant to the au- (including land acquisition and supporting following table: thorization of appropriations in section

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

(b) PLANNING AND DESIGN.—Using amounts of the Navy in the total amount of ization Act for Fiscal Year 2002 (division B of appropriated pursuant to the authorization $2,308,007,000, as follows: Public Law 107–107; 115 Stat. 1287), as amend- of appropriation in section 2204(a)(5)(A), the (1) For military construction projects in- ed by section 2205 of this Act, $33,520,000. Secretary of the Navy may carry out archi- side the United States authorized by section (b) LIMITATION ON TOTAL COST OF CON- tectural and engineering services and con- 2201(a), $776,806,000. STRUCTION PROJECTS.—Notwithstanding the struction design activities with respect to (2) For military construction projects out- cost variations authorized by section 2853 of the construction or improvement of military side the United States authorized by section title 10, United States Code, and any other family housing units in an amount not to ex- 2201(b), $133,270,000. cost variation authorized by law, the total ceed $11,281,000. (3) For unspecified minor construction cost of all projects carried out under section projects authorized by section 2805 of title 10, 2201 of this Act may not exceed— SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. United States Code, $23,262,000. (1) the total amount authorized to be ap- (4) For architectural and engineering serv- propriated under paragraphs (1) and (2) of Subject to section 2825 of title 10, United ices and construction design under section subsection (a); States Code, and using amounts appropriated 2807 of title 10, United States Code, (2) $48,120,000 (the balance of the amount pursuant to the authorization of appropria- $95,745,000. authorized under section 2201(a) for a bach- tions in section 2204(a)(5)(A), the Secretary (5) For military family housing functions: elors enlisted quarters shipboard ashore, of the Navy may improve existing military (A) For construction and acquisition, plan- Naval Station, Norfolk, Virginia); and family housing units in an amount not to ex- ning and design, and improvement of mili- (3) $2,570,000 (the balance of the amount au- ceed $136,816,000. tary family housing and facilities, thorized under section 2201(b) for a quality of SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, $377,616,000. life support facility, Naval Air Station NAVY. (B) For support of military family housing Sigonella, Italy). (a) IN GENERAL.—Funds are hereby author- (including functions described in section 2833 (c) ADJUSTMENT.—The total amount au- ized to be appropriated for fiscal years begin- of title 10, United States Code), $867,788,000. thorized to be appropriated pursuant to para- ning after September 30, 2002, for military (6) For replacement of a pier at Naval Sta- graphs (1) through (6) of subsection (a) is the construction, land acquisition, and military tion, Norfolk, Virginia, authorized in section sum of the amounts authorized to be appro- family housing functions of the Department 2201(a) of the Military Construction Author- priated in such paragraphs, reduced by H5588 CONGRESSIONAL RECORD — HOUSE July 25, 2002 $1,340,000, which represents the combination ization Act for Fiscal Year 2002 (division B of TITLE XXIII—AIR FORCE of savings resulting from adjustments to for- Public Law 107–107; 115 Stat. 1286) is eign currency exchange rates for military amended— SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- construction, military family housing con- (1) in the item relating to Naval Station, TION AND LAND ACQUISITION PROJECTS. struction, and military family housing sup- Norfolk, Virginia, by striking ‘‘$139,270,000’’ port outside the United States and savings in the amount column and inserting (a) INSIDE THE UNITED STATES.—Using resulting from favorable bids, reduced over- ‘‘$139,550,000’’; and amounts appropriated pursuant to the au- head charges, and cancellations due to force (2) by striking the amount identified as the thorization of appropriations in section structure changes. total in the amount column and inserting 2304(a)(1), the Secretary of the Air Force SEC. 2205. MODIFICATION OF AUTHORITY TO ‘‘$1,059,030,000’’. may acquire real property and carry out CARRY OUT CERTAIN FISCAL YEAR (b) CONFORMING AMENDMENT.—Section military construction projects for the instal- 2002 PROJECT. 2204(b)(2) of that Act (115 Stat. 1289) is lations and locations inside the United (a) MODIFICATION.—The table in section amended by striking ‘‘$33,240,000’’ and insert- States, and in the amounts, set forth in the 2201(a) of the Military Construction Author- ing ‘‘$33,520,000’’. 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

(b) OUTSIDE THE UNITED STATES.—Using 2304(a)(2), the Secretary of the Air Force lations and locations outside the United amounts appropriated pursuant to the au- may acquire real property and carry out States, and in the amounts, set forth in the thorization of appropriations in section military construction projects for the instal- 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 thorization of appropriations in section may acquire real property and carry out amounts appropriated pursuant to the au- 2304(a)(3), the Secretary of the Air Force July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5589 military construction projects for the instal- lation 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. 2304(a)(6)(A), the Secretary of the Air Force porting facilities) at the installations, for (a) CONSTRUCTION AND ACQUISITION.—Using may construct or acquire family housing the purposes, and in the amounts set forth in amounts appropriated pursuant to the au- units (including land acquisition and sup- the following table: thorization of appropriations in section

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 Maintenance 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 Maintenance 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 Maintenance 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 Maintenance 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 Maintenance Facil- ity ...... $2,203,000

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

(b) PLANNING AND DESIGN.—Using amounts (1) For military construction projects in- cost variation authorized by law, the total appropriated pursuant to the authorization side the United States authorized by section cost of all projects carried out under section of appropriations in section 2304(a)(6)(A), the 2301(a), $580,731,000. 2301 of this Act may not exceed the total Secretary of the Air Force may carry out ar- (2) For military construction projects out- amount authorized to be appropriated under chitectural and engineering services and side the United States authorized by section paragraphs (1), (2) and (3) of subsection (a). construction design activities with respect 2301(b), $238,251,000. (c) ADJUSTMENT.—The total amount au- to the construction or improvement of mili- (3) For the military construction projects thorized to be appropriated pursuant to para- tary family housing units in an amount not at unspecified worldwide locations author- graphs (1) through (6) of subsection (a) is the to exceed $34,188,000. ized by section 2301(c), $32,562,000. sum of the amounts authorized to be appro- (4) For unspecified minor construction priated in such paragraphs, reduced by SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY $10,281,000, which represents the combination HOUSING UNITS. projects authorized by section 2805 of title 10, of savings resulting from adjustments to for- Subject to section 2825 of title 10, Unites United States Code, $11,500,000. (5) For architectural and engineering serv- eign currency exchange rates for military States Code, and using amounts appropriated construction, military family housing con- pursuant to the authorization of appropria- ices and construction design under section 2807 of title 10, United States Code, struction, and military family housing sup- tions in section 2304(a)(6)(A), the Secretary port outside the United States and savings of the Air Force may improve existing mili- $76,958,000. (6) For military housing functions: resulting from favorable bids, reduced over- tary family housing units in an amount not head charges, and cancellations due to force to exceed $217,286,000. (A) For construction and acquisition, plan- ning and design, and improvement of mili- structure changes. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, tary family housing and facilities, TITLE XXIV—DEFENSE AGENCIES AIR FORCE. $681,042,000. SEC. 2401. AUTHORIZED DEFENSE AGENCIES (a) IN GENERAL.—Funds are hereby author- (B) For support of military family housing CONSTRUCTION AND LAND ACQUISI- ized to be appropriated for fiscal years begin- (including functions described in section 2833 TION PROJECTS. ning after September 30, 2002, for military of title 10, United States Code), $874,050,000. (a) INSIDE THE UNITED STATES.—Using construction, land acquisition, and military (b) LIMITATION ON TOTAL COST OF CON- amounts appropriated pursuant to the au- family housing functions of the Department STRUCTION PROJECTS.—Notwithstanding the thorization of appropriations in section of the Air Force in the total amount of cost variations authorized by section 2853 of 2404(a)(1), the Secretary of Defense may ac- $2,495,094,000, as follows: title 10, United States Code, and any other quire real property and carry out military H5590 CONGRESSIONAL RECORD — HOUSE July 25, 2002 construction projects for the installations in the amounts, set forth in the following and locations inside the United States, and 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 2404(a)(2), the Secretary of Defense may ac- and locations outside the United States, and amounts appropriated pursuant to the au- quire real property and carry out military in the amounts, set forth in the following thorization of appropriations in section construction projects for the installations 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 (3) For unspecified minor construction (10) For the construction of phase 4 of an HOUSING UNITS. projects under section 2805 of title 10, United ammunition demilitarization facility at Subject to section 2825 of title 10, United States Code, $16,293,000. Pueblo Chemical Activity, Colorado, author- States Code, and using amounts appropriated (4) For contingency construction projects ized by section 2401(a) of the Military Con- pursuant to the authorization of appropria- of the Secretary of Defense under section struction Authorization Act for Fiscal Year tions in section 2404(a)(8)(A), the Secretary 2804 of title 10, United States Code, 1997 (division B of Public Law 104–201; 110 of Defense may improve existing military $10,000,000. Stat. 2775), as amended by section 2406 of the family housing units in an amount not to ex- (5) For architectural and engineering serv- Military Construction Authorization Act for ceed $5,530,000. ices and construction design under section Fiscal Year 2000 (division B of Public Law SEC. 2403. ENERGY CONSERVATION PROJECTS. 2807 of title 10, United States Code, 106–65; 113 Stat. 839) and section 2407 of this $45,432,000. Act, $38,000,000. Using amounts appropriated pursuant to (6) For energy conservation projects au- (11) For the construction of phase 5 of an the authorization of appropriations in sec- thorized by section 2403 of this Act, ammunition demilitarization facility at tion 2404(a)(4), the Secretary of Defense may $49,531,000. Newport Army Depot, Indiana, authorized by carry out energy conservation projects under (7) For base closure and realignment ac- section 2401(a) of the Military Construction section 2865 of title 10, United States Code, tivities as authorized by the Defense Base Authorization Act for Fiscal Year 1999 (divi- in the amount of $49,531,000. Closure and Realignment Act of 1990 (part A sion B of Public Law 105–261; 112 Stat. 2193), SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, of title XXIX of Public Law 101–510; 10 U.S.C. as amended by section 2406 of this Act, DEFENSE AGENCIES. 2687 note), $545,138,000. $61,494,000. (a) IN GENERAL.—Funds are hereby author- (8) For military family housing functions: (12) For the construction of phase 5 of an ized to be appropriated for fiscal years begin- (A) For improvement of military family ammunition demilitarization facility at Ab- ning after September 30, 2002, for military housing and facilities, $5,480,000. erdeen Proving Ground, Maryland, author- construction, land acquisition, and military (B) For support of military family housing ized by section 2401(a) of the Military Con- family housing functions of the Department (including functions described in section 2833 struction Authorization Act for Fiscal Year of Defense (other than the military depart- of title 10, United States Code), $42,432,000. 1999 (division B of Public Law 105–261; 112 ments) in the total amount of $1,417,779,000, (C) For credit to the Department of De- Stat. 2193), as amended by section 2406 of the as follows: fense Housing Improvement Fund estab- Military Construction Authorization Act for (1) For military construction projects in- lished by section 2883(a) of title 10, United Fiscal Year 2002 (division B of Public Law side the United States authorized by section States Code, as amended by section 2801 of 107–107; 115 Stat. 1299), $30,600,000. 2401(a), $335,796,000. this Act, $2,000,000. (13) For the construction of phase 3 of an (2) For military construction projects out- (9) For payment of a claim against the ammunition demilitarization facility at Blue side the United States authorized by section Hospital Replacement project at Elmendorf Grass Army Depot, Kentucky, authorized by 2401(b), $206,583,000. Air Force Base, Alaska, $10,400,000. section 2401(a) of the Military Construction July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5591 Authorization Act for Fiscal Year 2000 (divi- tion Authorization Act for Fiscal Year 2002 after September 30, 2002, for the costs of ac- sion B of Public Law 106–65; 113 Stat. 835), as (division B of Public Law 107–107; 115 Stat. quisition, architectural and engineering amended by section 2405 of the Military Con- 1299), is amended— services, and construction of facilities for struction Authorization Act for Fiscal Year (1) under the agency heading relating to the Guard and Reserve Forces, and for con- 2002 (division B of Public Law 107–107; 115 Chemical Demilitarization, in the item re- tributions there for, under chapter 1803 of Stat. 1298) and section 2405 of this Act, lating to Newport Army Depot, Indiana, by title 10, United States Code (including the $10,300,000. striking ‘‘$191,550,000’’ in the amount column cost of acquisition of land for those facili- (14) For the construction of phase 3 of an and inserting ‘‘$293,853,000’’; and ties), the following amounts: ammunition demilitarization support facil- (2) by striking the amount identified as the (1) For the Department of the Army— ity at Blue Grass Army Depot, Kentucky, au- total in the amount column and inserting (A) for the Army National Guard of the thorized by section 2401(a) of the Military ‘‘$829,919,000’’. United States, $170,793,000; and Construction Authorization Act for Fiscal (b) CONFORMING AMENDMENT.—Section (B) for the Army Reserve, $86,789,000. Year 2000 (division B of Public Law 106–65; 113 2404(b)(2) of that Act (112 Stat. 2196) is (2) For the Department of the Navy, for the Stat. 835), $8,300,000. amended by striking ‘‘$162,050,000’’ and in- Naval and Marine Corps Reserve, $66,971,000. (b) LIMITATION ON TOTAL COST OF CON- serting ‘‘$264,353,000’’. (3) For the Department of the Air Force— STRUCTION PROJECTS.—Notwithstanding the SEC. 2407. MODIFICATION OF AUTHORITY TO (A) for the Air National Guard of the cost variations authorized by section 2853 of CARRY OUT CERTAIN FISCAL YEAR United States, $119,266,000; and title 10, United States Code, and any other 1997 PROJECT. (B) for the Air Force Reserve, $68,576,000. cost variation authorized by law, the total (a) MODIFICATION.—The table in section cost of all projects carried out under section 2401(a) of the Military Construction Author- TITLE XXVII—EXPIRATION AND 2401 of this Act may not exceed— ization Act for Fiscal Year 1997 (division B of EXTENSION OF AUTHORIZATIONS (1) the total amount authorized to be ap- Public Law 104–201; 110 Stat. 2775), as amend- SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND propriated under paragraphs (1) and (2) of ed by section 2406 of the Military Construc- tion Authorization Act for Fiscal Year 2000 AMOUNTS REQUIRED TO BE SPECI- subsection (a); and FIED BY LAW. (2) $26,200,000 (the balance of the amount (division B of Public Law 106–65; 113 Stat. authorized under section 2401(a) for the con- 839), is further amended— (a) EXPIRATION OF AUTHORIZATIONS AFTER struction of the Defense Threat Reduction (1) under the agency heading relating to THREE YEARS.—Except as provided in sub- Center, Fort Belvoir, Virginia). Chemical Demilitarization Program, in the section (b), all authorizations contained in (c) ADJUSTMENT.—The total amount au- item relating to Pueblo Chemical Activity, titles XXI through XXVI for military con- thorized to be appropriated pursuant to para- Colorado, by striking ‘‘$203,500,000’’ in the struction projects, land acquisition, family graphs (1) through (14) of subsection (a) is amount column and inserting ‘‘$261,000,000’’; housing projects and facilities, and contribu- the sum of the amounts authorized to be ap- and tions to the North Atlantic Treaty Organiza- propriated in such paragraphs, reduced by (2) by striking the amount identified as the tion Security Investment program (and au- $42,833,000, which represents the combination total in the amount column and inserting thorizations of appropriations therefor) shall of savings resulting from adjustments to for- ‘‘$607,454,000’’. expire on the later of— eign currency exchange rates for military (b) CONFORMING AMENDMENT.—Section (1) October 1, 2005; or construction, military family housing con- 2406(b)(2) of that Act (110 Stat. 2779), as so (2) the date of the enactment of an Act au- struction, and military family housing sup- amended, is further amended by striking thorizing funds for military construction for port outside the United States and savings ‘‘$203,500,000’’ and inserting ‘‘$261,000,000’’. fiscal year 2006. TITLE XXV—NORTH ATLANTIC TREATY resulting from favorable bids, reduced over- (b) EXCEPTION.—Subsection (a) shall not ORGANIZATION SECURITY INVESTMENT head charges, and cancellations due to force apply to authorizations for military con- PROGRAM structure changes. struction projects, land acquisition, family SEC. 2405. MODIFICATION OF AUTHORITY TO SEC. 2501. AUTHORIZED NATO CONSTRUCTION housing projects, and facilities, and con- CARRY OUT CERTAIN FISCAL YEAR AND LAND ACQUISITION PROJECTS. tributions to the North Atlantic Treaty Or- 2000 PROJECT. The Secretary of Defense may make con- ganization Security Investment program (a) MODIFICATION.—The table in section tributions for the North Atlantic Treaty Or- (and authorizations of appropriations there- 2401(a) of the Military Construction Author- ganization Security Investment program as ization Act for Fiscal Year 2000 (division B of provided in section 2806 of title 10, United for) for which appropriated funds have been Public Law 106–65; 113 Stat. 835), as amended States Code, in an amount not to exceed the obligated before the later of— by section 2405 of the Military Construction sum of the amount authorized to be appro- (1) October 1, 2005; or Authorization Act for Fiscal Year 2002 (divi- priated for this purpose in section 2502 and (2) the date of the enactment of an Act au- sion B of Public Law 107–107; 115 Stat. 1298), the amount collected from the North Atlan- thorized funds for fiscal year 2005 for mili- is further amended— tic Treaty Organization as a result of con- tary construction projects, land acquisition, (1) under the agency heading relating to struction previously financed by the United family housing projects and facilities, and Chemical Demilitarization, in the item re- States. contributions to the North Atlantic Treaty lating to Blue Grass Army Depot, Kentucky, SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, Organization Security Investment program. by striking ‘‘$254,030,000’’ in the amount col- NATO. SEC. 2702. EXTENSION OF AUTHORIZATIONS OF umn and inserting ‘‘$290,325,000’’; and Funds are hereby authorized to be appro- CERTAIN FISCAL YEAR 2000 (2) by striking the amount identified as the priated for fiscal years beginning after Sep- PROJECTS. tember 30, 2002, for contributions by the Sec- total in the amount column and inserting (a) EXTENSION OF CERTAIN PROJECTS.—Not- ‘‘$748,245,000’’. retary of Defense under section 2806 of title 10, United States Code, for the share of the withstanding section 2701 of the Military (b) CONFORMING AMENDMENT.—Section Construction Authorization Act for Fiscal 2405(b)(3) of that Act (113 Stat. 839), as so United States of the cost of projects for the North Atlantic Treaty Organization Security Year 2000 (division B of Public Law 106–65; 113 amended, is further amended by striking Stat. 841), authorizations set forth in the ta- ‘‘$231,230,000’’ and inserting ‘‘$267,525,000’’. Investment program authorized by section 2501, in the amount of $168,200,000. bles in subsection (b), as provided in section SEC. 2406. MODIFICATION OF AUTHORITY TO 2302 or 2601 of that Act, shall remain in effect CARRY OUT CERTAIN FISCAL YEAR TITLE XXVI—GUARD AND RESERVE until October 1, 2003, or the date of the en- 1999 PROJECT. FORCES FACILITIES actment of an Act authorizing funds for mili- (a) MODIFICATION.—The table in section SEC. 2601. AUTHORIZED GUARD AND RESERVE 2401(a) of the Military Construction Author- tary construction for fiscal year 2004, which- CONSTRUCTION AND LAND ACQUISI- ever is later. ization Act for Fiscal Year 1999 (division B of TION PROJECTS. Public Law 105–261; 112 Stat. 2193), as amend- (a) IN GENERAL.—There are authorized to (b) TABLES.—The tables referred to in sub- ed by section 2406 of the Military Construc- be appropriated for fiscal years beginning section (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 H5592 CONGRESSIONAL RECORD — HOUSE July 25, 2002

(c) EXTENSION OF ADDITIONAL PROJECT.— Act, 2000 (Public Law 106–79; 113 Stat. 1274), (d) TABLE FOR EXTENSION OF ADDITIONAL Notwithstanding any other provision of law, shall remain in effect until October 1, 2003, PROJECT.—The table referred to in sub- the authorization set forth in the table in or the date of the enactment of an Act au- section (c) is as follows: subsection (d), as provided in section 8160 of thorizing funds for military construction for the Department of Defense Appropriations fiscal year 2004, whichever is later. 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 Public Law 105–261; 112 Stat. 2199), authoriza- Stat. 1301), shall remain in effect until Octo- CERTAIN FISCAL YEAR 1999 tions set forth in the table in subsection (b), ber 1, 2003, or the date of the enactment of an PROJECTS. as provided in section 2302 of that Act and Act authorizing funds for military construc- (a) EXTENSION.—Notwithstanding section extended by section 2702 of the Military Con- tion for fiscal year 2004, whichever is later. 2701 of the Military Construction Authoriza- struction Authorization Act for Fiscal Year (b) TABLE.—The table referred to in sub- tion Act for Fiscal Year 1999 (division B of 2002 (division B of Public Law 107–107; 115 section (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. priation Acts, to the Fund from amounts au- by subsection (e)), any amounts in the De- Titles XXI, XXII, XXIII, XXIV, XXV, and thorized and appropriated to the Department partment of Defense Family Housing Im- XXVI of this Act shall take effect on the of Defense for the acquisition or construc- provement Fund and the Department of De- later of— tion of military family housing or military fense Military Unaccompanied Housing Im- (1) October 1, 2002; or unaccompanied housing. provement that remain available for obliga- (2) the date of the enactment of this Act. ‘‘(3) Proceeds from the conveyance or lease tion as of the date of the enactment of this TITLE XXVIII—GENERAL PROVISIONS of property or facilities under section 2878 of Act. this title for the purpose of carrying out ac- (2) Amounts transferred to the Department Subtitle A—Military Construction Program tivities under this subchapter with respect of Defense Housing Improvement Fund under and Military Family Housing Changes to military family housing or military unac- paragraph (1) shall be merged with amounts SEC. 2801. CHANGES TO ALTERNATIVE AUTHOR- companied housing. in that Fund, and shall be available for the ITY FOR ACQUISITION AND IM- ‘‘(4) Income derived from any activities same purposes, and subject to the same con- PROVEMENT OF MILITARY HOUSING. under this subchapter with respect to mili- ditions and limitations, as other amounts in (a) AUTHORIZED UTILITIES AND SERVICES.— tary family housing or military unaccom- that Fund. Section 2872a(b) of title 10, United States panied housing, income and gains realized (g) CONFORMING AMENDMENTS.—(1) Para- graph (3) of section 2814(i) of such title is Code, is amended by adding at the end the from investments under section 2875 of this amended— following new paragraphs: title, and any return of capital invested as (A) by striking subparagraph (A) and in- ‘‘(11) Firefighting and fire protection serv- part of such investments. serting the following new subparagraph (A): ices. ‘‘(5) Any amounts that the Secretary of the ‘‘(12) Police protection services.’’. ‘‘(A) The Secretary may transfer funds Navy transfers to the Fund pursuant to sec- from the Ford Island Improvement Account (b) LEASING OF HOUSING.—Subsection (a) of tion 2814(i)(3) of this title, subject to the re- section 2874 of such title is amended to read to the Department of Defense Housing Im- strictions on the use of the transferred provement Fund established by section as follows: amounts specified in that section.’’. ‘‘(a) LEASE AUTHORIZED.—(1) The Secretary 2883(a) of this title.’’; and (2) Such section is further amended— (B) in subparagraph (B), by striking ‘‘a concerned may enter into contracts for the (A) by redesignating subsections (d) lease of housing units that the Secretary de- fund’’ and inserting ‘‘the Fund’’. through (g) as (c) through (f), respectively; (2) Section 2871(6) of such title is amended termines are suitable for use as military (B) in subsection (c), as so redesignated— by striking ‘‘Department of Defense Family family housing or military unaccompanied (i) in the subsection heading, by striking Housing Improvement Fund or the Depart- housing. ‘‘FUNDS’’ and inserting ‘‘FUND’’; ment of Defense Military Unaccompanied ‘‘(2) The Secretary concerned shall utilize (ii) in paragraph (1)— Housing Improvement Fund’’ and inserting housing units leased under paragraph (1) as (I) by striking ‘‘subsection (e)’’ and insert- ‘‘Department of Defense Housing Improve- military family housing or military unac- ing ‘‘subsection (d)’’; and ment Fund’’. companied housing, as appropriate.’’. (II) by striking ‘‘Department of Defense (3) Section 2875(e) of such title is amended (c) REPEAL OF INTERIM LEASE AUTHORITY.— Family Housing Improvement Fund’’ and in- by striking ‘‘Department of Defense Family Section 2879 of such title is repealed. serting ‘‘Fund’’; Housing Improvement Fund or the Depart- (d) SPACE LIMITATIONS BY PAY GRADE.— (iii) by striking paragraph (2); and ment of Defense Military Unaccompanied Section 2880(b)(2) of such title is amended by (iv) by redesignating paragraph (3) as para- Housing Improvement Fund’’ and inserting striking ‘‘unless the unit is located on a graph (2); ‘‘Department of Defense Housing Improve- military installation’’. (C) in subsection (d), as so redesignated, by ment Fund’’. (e) DEPARTMENT OF DEFENSE HOUSING striking ‘‘required to be used to satisfy the (h) CLERICAL AMENDMENTS.—(1) The section FUND.—(1) Section 2883 of such title is obligation’’; heading for section 2874 of such title is amended by striking subsections (a), (b), and (D) in subsection (e), as so redesignated, by amended to read as follows: (c) inserting the following new subsections striking ‘‘a Fund under paragraph (1)(B) or ‘‘§ 2874. Leasing of housing’’. (a) and (b): (2)(B) of subsection (c)’’ and inserting ‘‘the (2) The section heading for section 2883 of ‘‘(a) ESTABLISHMENT.—There is hereby es- Fund under subsection (b)(2)’’; and such title is amended to read as follows: tablished on the books of the Treasury an ac- (E) in subsection (f), as so redesignated— ‘‘§ 2883. Department of Defense Housing Im- count to be known as the Department of De- (i) in paragraph (1), by striking provement Fund’’. fense Housing Improvement Fund (in this ‘‘$850,000,000’’ and inserting ‘‘$1,700,000,000’’; section referred to as the ‘Fund’). (3) The table of sections at the beginning and subchapter IV of chapter 169 of such title is ‘‘(b) CREDITS TO FUND.—There shall be (ii) in paragraph (2), by striking credited to the Fund the following: amended— ‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’. (A) by striking the item relating to section ‘‘(1) Amounts authorized for and appro- (f) TRANSFER OF UNOBLIGATED AMOUNTS.— 2874 and inserting the following new item: priated to the Fund. (1) The Secretary of Defense shall transfer to ‘‘(2) Subject to subsection (e), any amounts the Department of Defense Housing Improve- ‘‘2874. Leasing of housing.’’; that the Secretary of Defense transfers, in ment Fund established under section 2883(a) (B) by striking the item relating to section such amounts as are provided for in appro- of title 10, United States Code (as amended 2879; and July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5593 (C) by striking the item relating to section forces who is assigned to a housing unit ac- into an agreement with a private entity de- 2883 and inserting the following new item: quired or constructed under the pilot scribed in subsection (b) to address the use ‘‘2883. Department of Defense Housing Im- projects. Any increase in the rate of partial or development of real property in the vicin- provement Fund.’’. basic allowance for housing to accommodate ity of a military installation for purposes SEC. 2802. MODIFICATION OF AUTHORITY TO the pilot programs shall be in addition to of— CARRY OUT CONSTRUCTION any partial basic allowance for housing that ‘‘(1) limiting any development or use of the PROJECTS AS PART OF ENVIRON- the member may otherwise be eligible to re- property that would otherwise be incompat- MENTAL RESPONSE ACTION. ceive under section 403(n) of title 37. A mem- ible with the mission of the installation; or (a) AUTHORITY TO CARRY OUT UNAUTHOR- ber may not sustain a reduction in partial ‘‘(2) preserving habitat on the property in IZED PROJECTS.—Subsection (a) of section basic allowance for housing as a result of as- a manner that is compatible with both— 2810 of title 10, United States Code, is amend- signment to a housing unit acquired or con- ‘‘(A) current or anticipated environmental ed to read as follows: structed under the pilot projects. restrictions that would or might otherwise ‘‘(a) AUTHORITY TO CARRY OUT UNAUTHOR- ‘‘(c) FUNDING.—(1) The Department of De- restrict, impede, or otherwise interfere, IZED CONSTRUCTION PROJECTS.—The Sec- fense Housing Improvement Fund shall be whether directly or indirectly, with current retary concerned may carry out a military used to carry out activities under the pilot or anticipated military training, testing, or construction project not otherwise author- projects. operations on the installation; and ized by law if the Secretary determines that ‘‘(2) Subject to 90 days prior notification to ‘‘(B) current or anticipated military train- the project is necessary to carry out a re- the appropriate committees of Congress, ing, testing, or operations on the installa- sponse under chapter 160 of this title or the such additional amounts as the Secretary of tion. Comprehensive Environmental Response, Defense considers necessary may be trans- ‘‘(b) COVERED PRIVATE ENTITIES.—A private Compensation, and Liability Act of 1980 (42 ferred to the Department of Defense Housing entity referred to in subsection (a) is any U.S.C. 9601 et seq.).’’. Improvement Fund from amounts appro- private entity that has as its stated prin- (b) CONGRESSIONAL NOTIFICATION.—Sub- priated for construction of military unac- cipal organizational purpose or goal the con- section (b) of such section is amended by companied housing projects in military con- servation, restoration, or preservation of striking ‘‘(1)’’ and the first sentence and in- struction accounts. The amounts so trans- land and natural resources, or a similar pur- serting ‘‘CONGRESSIONAL NOTIFICATION.—(1) ferred shall be merged with and to be avail- pose or goal, as determined by the Secretary When a decision is made to carry out a mili- able for the same purposes and for the same concerned. tary construction project under this section period of time as amounts appropriated di- ‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT that exceeds the amount specified in section rectly to the Fund. REQUIREMENTS.—Chapter 63 of title 31 shall 2805(b)(1) of this title, the Secretary con- ‘‘(d) REPORTS.—(1) The Secretary of the not apply to any agreement entered into cerned shall submit a report in writing to Navy shall transmit to the appropriate com- under this section. the appropriate committees of Congress on mittees of Congress a report describing— ‘‘(d) ACQUISITION AND ACCEPTANCE OF PROP- that decision.’’. ‘‘(A) each contract for the acquisition of ERTY AND INTERESTS.—(1) An agreement with (c) DEFINITION.—Subsection (c) of such sec- military unaccompanied housing that the a private entity under this section— tion is amended— Secretary proposes to solicit under the pilot ‘‘(A) may provide for the private entity to (1) by inserting ‘‘RESPONSE DEFINED.—’’ projects; acquire all right, title, and interest in and to after ‘‘(c)’’; and ‘‘(B) each conveyance or lease proposed any real property, or any lesser interest in (2) by striking ‘‘action’’. under section 2878 of this title in furtherance the property, as may be appropriate for pur- SEC. 2803. LEASING OF MILITARY FAMILY HOUS- of the pilot projects; and poses of this section; and ING IN KOREA. ‘‘(C) the proposed partial basic allowance ‘‘(B) shall provide for the private entity to Paragraph (3) of section 2828(e) of title 10, for housing rates for each contract as they transfer to the United States, upon the re- United States Code, is amended to read as vary by grade of the member and how they quest of the United States, any property or follows: compare to basic allowance for housing rates interest so acquired. ‘‘(3) In addition to the 450 units of family for other contracts written under the author- ‘‘(2) Property or interests may not be ac- housing referred to in paragraph (1) for ity of the pilot programs. quired pursuant to an agreement under this which the maximum lease amount is $25,000 ‘‘(2) The report shall describe the proposed section unless the owner of the property or per unit per year, the Secretary of the Army contract, conveyance, or lease and the in- interests, as the case may be, consents to the may lease in Korea— tended method of participation of the United acquisition. ‘‘(3) An agreement under this section pro- ‘‘(A) not more than 1,175 units of family States in the contract, conveyance, or lease viding for the acquisition of property or in- housing subject to that maximum lease and provide a justification of such method of terests under paragraph (1)(A) shall provide amount; and participation. The report shall be submitted for the sharing by the United States and the ‘‘(B) not more than 2,400 units of family not later than 90 days before the date on private entity concerned of the costs of the housing subject to a maximum lease amount which the Secretary issues the contract so- acquisition of the property or interests. of $35,000 per unit per year.’’. licitation or offers the conveyance or lease. ‘‘(e) EXPIRATION.—Notwithstanding section ‘‘(4) The Secretary concerned shall identify SEC. 2804. PILOT HOUSING PRIVATIZATION AU- 2885 of this title, the authority of the Sec- any property or interests to be acquired pur- THORITY FOR ACQUISITION OR CON- suant to an agreement under this section. STRUCTION OF MILITARY UNACCOM- retary of the Navy to enter into a contract PANIED HOUSING. under the pilot programs shall expire Sep- The property or interests shall be limited to the minimum property or interests nec- (a) IN GENERAL.—(1) Subchapter IV of chap- tember 30, 2007.’’. ter 169 of title 10, United States Code, is (2) The table of sections at the beginning of essary to ensure that the property concerned amended by inserting after section 2881 the such subchapter is amended by inserting is developed and used in a manner appro- following new section: after the item relating to section 2881 the priate for purposes of this section. following new item: ‘‘(5) Notwithstanding any other provision ‘‘§ 2881a. Pilot projects for acquisition or con- ‘‘2881a. Pilot projects for acquisition or con- of law, the Secretary concerned may accept struction of military unaccompanied hous- on behalf of the United States any property ing struction of military unaccom- panied housing.’’. or interest to be transferred to the United ‘‘(a) PILOT PROJECTS AUTHORIZED.—The States under paragraph (1)(B). Secretary of the Navy may carry out not (b) CONFORMING AMENDMENT.—Section ‘‘(6) The Secretary concerned may, for pur- more than 3 pilot projects under the author- 2871(7) of title 10, United States Code, is poses of the acceptance of property or inter- ity of this section or another provision of amended by inserting before the period at ests under this subsection, accept an ap- this subchapter to use the private sector for the end the following: ‘‘and transient hous- praisal or title documents prepared or adopt- the acquisition or construction of military ing intended to be occupied by members of ed by a non-Federal entity as satisfying the unaccompanied housing in the United the armed forces on temporary duty’’. applicable requirements of section 301 of the States, including any territory or possession Subtitle B—Real Property and Facilities Uniform Relocation Assistance and Real of the United States. Administration Property Acquisition Policies Act of 1970 (42 ‘‘(b) ASSIGNMENT OF MEMBERS AND BASIC SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES U.S.C. 4651) or section 355 of the Revised ALLOWANCE FOR HOUSING.—(1) The Secretary TO LIMIT ENCROACHMENTS AND Statutes (40 U.S.C. 255) if the Secretary finds of the Navy may assign members of the OTHER CONSTRAINTS ON MILITARY that the appraisal or title documents sub- armed forces to housing units acquired or TRAINING, TESTING, AND OPER- stantially comply with the requirements. ATIONS. constructed under the pilot projects, and ‘‘(e) ACQUISITION OF WATER RIGHTS.—The such housing units shall be considered as (a) IN GENERAL.—Chapter 159 of title 10, authority of the Secretary of a military de- quarters of the United States or a housing United States Code, is amended by inserting partment to enter into an agreement under facility under the jurisdiction of a uniformed after section 2684 the following new section: subsection (a) for the acquisition of real service for purposes of section 403 of title 37. ‘‘§ 2684a. Agreements to limit encroachments property (or an interest therein) includes the ‘‘(2) Notwithstanding section 403(n)(2) of and other constraints on military training, authority to support the purchase of water title 37, the Secretary of Defense may set testing, and operations rights from any available source when nec- specific higher rates of partial basic allow- ‘‘(a) AGREEMENTS AUTHORIZED.—The Sec- essary to support or protect the mission of a ance for housing for a member of the armed retary of a military department may enter military installation. H5594 CONGRESSIONAL RECORD — HOUSE July 25, 2002

‘‘(f) ADDITIONAL TERMS AND CONDITIONS.— ject to the approval of the Secretary of the ‘‘(C) The Defense Base Closure and Re- The Secretary concerned may require such military department that made the convey- alignment Act of 1990 (part A of title XXIX additional terms and conditions in an agree- ance and subject to the same covenants and of Public Law 101–510; 10 U.S.C. 2687 note). ment under this section as the Secretary terms and conditions as provided in the deed ‘‘(D) Any other similar authority for the considers appropriate to protect the inter- from the United States; and closure or realignment of military installa- ests of the United States. ‘‘(B) to conduct incidental revenue-pro- tions that is enacted after the date of the en- ‘‘(g) FUNDING.—(1) Except as provided in ducing activities on the property that are actment of the National Defense Authoriza- paragraph (2), funds authorized to be appro- compatible with the use of the property for tion Act for Fiscal Year 2003.’’. priated for operation and maintenance of the conservation purposes. (2) The table of sections at the beginning of Army, Navy, Marine Corps, Air Force, or De- ‘‘(3) The deed of conveyance may contain such chapter is amended by inserting after fense-wide activities, including funds author- such additional terms, reservations, restric- the item relating to section 2694 the fol- ized to be appropriated for the Legacy Re- tions, and conditions as the Secretary of the lowing new item: sources Management Program, may be used military department considers appropriate ‘‘2694a. Conveyance of surplus real property to enter into agreements under this section. to protect the interests of the United States. for natural resource conserva- ‘‘(2) In the case of a military installation ‘‘(d) RELEASE OF COVENANTS.—The Sec- tion.’’. operated primarily with funds authorized to retary of the military department that con- (b) ACCEPTANCE OF FUNDS TO COVER ADMIN- be appropriated for research, development, veys real property under subsection (a), with ISTRATIVE EXPENSES.—Section 2695(b) of such test, and evaluation, funds authorized to be the concurrence of the Secretary of Interior, title is amended by adding at the end the fol- appropriated for the Army, Navy, Marine may grant a release from a covenant in- lowing new paragraph: Corps, Air Force, or Defense-wide activities cluded in the deed of conveyance of the prop- ‘‘(5) The conveyance of real property under for research, development, test, and evalua- erty under subsection (c) on the condition section 2694a of this title.’’. tion may be used to enter into agreements that the recipient of the property pay the (c) AGREEMENTS WITH NONPROFIT NATURAL under this section with respect to the instal- fair market value, as determined by the Sec- RESOURCE CONSERVATION ORGANIZATIONS.— lation.’’. retary of the military department, of the Section 2701(d) of such title is amended— (b) CLERICAL AMENDMENT.—The table of property at the time of the release of the (1) in paragraph (1), by striking ‘‘with any sections at the beginning of such chapter is covenant. The Secretary of the military de- State or local government agency, or with amended by inserting after the item relating partment may reduce the amount required any Indian tribe,’’ and inserting ‘‘any State to section 2684 the following new item: to be paid under this subsection to account or local government agency, any Indian ‘‘2684a. Agreements to limit encroachments for the value of the natural resource con- tribe, or any nonprofit conservation organi- and other constraints on mili- servation benefit that has accrued to the zation’’; and tary training, testing, and oper- United States during the period the covenant (2) by striking paragraph (3) and inserting ations.’’. was in effect, if the benefit was not taken the following new paragraph: EFINITIONS SEC. 2812. CONVEYANCE OF SURPLUS REAL into account in determining the original ‘‘(3) D .—In this subsection: PROPERTY FOR NATURAL RE- consideration for the conveyance. ‘‘(A) The term ‘Indian tribe’ has the mean- SOURCE CONSERVATION PURPOSES. ‘‘(e) LIMITATIONS.—A conveyance under ing given such term in section 101(36) of (a) CONVEYANCE AUTHORITY.—(1) Chapter subsection (a) shall not be used in settlement Comprehensive Environmental Response, 159 of title 10, United States Code, is amend- of any litigation, dispute, or claim against Compensation, and Liability Act of 1980 (42 ed by inserting after section 2694 the fol- the United States, or as a condition of allow- U.S.C. 9601(36)). lowing new section: ing any defense activity under any Federal, ‘‘(B) The term ‘nonprofit conservation or- ‘‘§ 2694a. Conveyance of surplus real property State, or local permitting or review process. ganization’ means any non-governmental for natural resource conservation The Secretary of a military department may nonprofit organization whose primary pur- make a conveyance under subsection (a), pose is conservation of open space or natural ‘‘(a) AUTHORITY TO CONVEY.—The Secretary resources.’’. of a military department may convey to an with the restrictions specified in subsection SEC. 2813. NATIONAL EMERGENCY EXEMPTION eligible recipient described in subsection (b) (c), to establish a mitigation bank, but only if the establishment of the mitigation bank FROM SCREENING AND OTHER RE- any surplus real property that— QUIREMENTS OF MCKINNEY-VENTO ‘‘(1) is under the administrative control of does not occur in order to satisfy any condi- HOMELESS ASSISTANCE ACT FOR the Secretary; tion for permitting military activity under a PROPERTY USED IN SUPPORT OF ‘‘(2) is suitable and desirable for conserva- Federal, State, or local permitting or review RESPONSE ACTIVITIES. tion purposes; process. Section 501 of the McKinney-Vento Home- ‘‘(3) has been made available for public ‘‘(f) CONSIDERATION.—In fixing the consid- less Assistance Act (42 U.S.C. 11411) is benefit transfer for a sufficient period of eration for the conveyance of real property amended— time to potential claimants; and under subsection (a) or in determining the (1) by redesignating subsection (i) as sub- ‘‘(4) is not subject to a pending request for amount of any reduction of the amount to be section (j); and transfer to another Federal agency or for paid for the release of a covenant under sub- (2) by inserting after subsection (h) the fol- conveyance to any other qualified recipient section (d), the Secretary of the military de- lowing new subsection (i): for public benefit transfer under the real partment concerned shall take into consider- ‘‘(i) APPLICABILITY TO CERTAIN PROPERTY property disposal processes and authorities ation any benefit that has accrued or may DURING EMERGENCIES.—The screening re- established pursuant to the Federal Property accrue to the United States from the use of quirements and other provisions of this sec- and Administrative Services Act of 1949 (40 such property for the conservation of natural tion shall not apply to any property that is U.S.C. 471, et seq.). resources. excess property or surplus property or that is described as unutilized or underutilized prop- ‘‘(b) ELIGIBLE RECIPIENTS.—The convey- ‘‘(g) RELATION TO OTHER CONVEYANCE AU- ance of surplus real property under sub- THORITIES.—(1) The Secretary of a military erty if the property is subject to a request for conveyance or use for the purpose of di- section (a) may be made to any of the fol- department may not make a conveyance rectly supporting activities in response to— lowing: under this section of any real property to be ‘‘(1) a war or national emergency declared ‘‘(1) A State or political subdivision of a disposed of under a base closure law in a in accordance with the National Emer- State. manner that is inconsistent with the re- gencies Act (50 U.S.C. 1601 et seq.); or ‘‘(2) A nonprofit organization that exists quirements and conditions of the base clo- ‘‘(2) an emergency or major disaster de- for the primary purpose of conservation of sure law. clared in accordance with the Robert T. Staf- natural resources on real property. ‘‘(2) In the case of real property on Guam, ford Disaster Relief and Emergency Assist- ‘‘(c) REVISIONARY INTEREST AND OTHER the Secretary of a military department may ance Act (42 U.S.C. 5121 et seq.).’’. DEED REQUIREMENTS.—(1) The deed of con- not make a conveyance under this section veyance of any surplus real property con- unless the Government of Guam has been SEC. 2814. DEMONSTRATION PROGRAM ON RE- first afforded the opportunity to acquire the DUCTION IN LONG-TERM FACILITY veyed under subsection (a) disposed of under MAINTENANCE COSTS. real property as authorized by section 1 of this subsection shall require the property to (a) PROGRAM AUTHORIZED.—The Secretary be used and maintained for the conservation Public Law 106–504 (114 Stat. 2309). of Defense may conduct a demonstration of natural resources in perpetuity. If the ‘‘(h) DEFINITIONS.—In this section: program to assess the feasibility and desir- Secretary of the military department that ‘‘(1) The term ‘State’ includes the District ability of including facility maintenance re- made the conveyance determines at any of Columbia, the Commonwealth of Puerto quirements in construction contracts for time that the property is not being used or Rico, the Commonwealth of the Northern military construction projects for the pur- maintained for such purpose, then, at the op- Marianas, and the territories and possessions pose of determining whether such require- tion of the Secretary, all or any portion of of the United States. ments facilitate reductions in the long-term the property shall revert to the United ‘‘(2) The term ‘base closure law’ means the facility maintenance costs of the military States. following: departments. ‘‘(2) The deed of conveyance may permit ‘‘(A) Section 2687 of this title. (b) CONTRACTS.—Not more than 12 con- the recipient of the property— ‘‘(B) Title II of the Defense Authorization tracts may contain requirements referred to ‘‘(A) to convey the property to another eli- Amendments and Base Closure and Realign- in subsection (a) for the purpose of the dem- gible entity described in subsection (b), sub- ment Act of 1988 (10 U.S.C. 2687 note). onstration program under this section. The July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5595 demonstration program may only cover con- (4) The Metlakatla Indian Community. this section referred to as the ‘‘School Dis- tracts entered into on or after the date of (c) COVERED PROPERTY.—Subsection (a) ap- trict’’), all right, title, and interest of the the enactment of this Act. plies to real property located in the State of United States in and to a parcel of real prop- (c) EFFECTIVE PERIOD OF REQUIREMENTS.— Alaska that— erty, including improvements thereon, that The effective period of a requirement re- (1) is under the jurisdiction of the Depart- is located at 800 8th Street, N.E., in Buffalo, ferred to in subsection (a) that is included in ment of the Army and, before December 2, Minnesota, and contains a former Army Re- a contract for the purpose of the demonstra- 1980, was under such jurisdiction for the use serve Training Center, which is being used tion program under this program may not of the Alaska National Guard; by the School District as the site of the exceed five years. (2) is located in a unit of the National Phoenix Learning Center. (d) REPORTING REQUIREMENTS.—Not later Wildlife Refuge System designated in the (b) DESCRIPTION OF PROPERTY.—The exact than January 31, 2005, the Secretary of De- Alaska National Interest Lands Conserva- acreage and legal description of the real fense shall submit to Congress a report on tion Act (Public Law 96–487; 16 U.S.C. 668dd property to be conveyed under subsection (a) the demonstration program authorized by note); shall be determined by a survey satisfactory this section and the related Department of (3) is excess to the needs of the Alaska Na- to the Secretary. The cost of the survey the Army demonstration program authorized tional Guard and the Department of Defense; shall be borne by the School District. by section 2814 of the Military Construction and (c) ADDITIONAL TERMS AND CONDITIONS.— The Secretary may require such additional Authorization Act for Fiscal Year 2002 (divi- (4) the Secretary determines that— terms and conditions in connection with the sion B of Public Law 107–107; 115 Stat. 1310; 10 (A) the anticipated cost to the United conveyance under subsection (a) as the Sec- U.S.C. 2809 note), including the following: States of retaining the property exceeds the retary considers appropriate to protect the (1) A description of all contracts entered value of such property; or interests of the United States. into under the demonstration programs. (B) the condition of the property makes it (2) An evaluation of the demonstration SEC. 2824. LAND CONVEYANCE, FORT BLISS, unsuitable for retention by the United TEXAS programs and a description of the experience States. (a) CONVEYANCE AUTHORIZED.—The Sec- of the Secretary of Defense and the Sec- (d) CONSIDERATION.—The conveyance of retary of the Army may convey, without retary of the Army respect to such con- real property under this section shall, at the consideration, to the County of El Paso, tracts. election of the Secretary, be for no consider- Texas (in this section referred to as the (3) Any recommendations, including rec- ation or for consideration in an amount de- ‘‘County’’), all right, title, and interest of ommendations for the termination, continu- termined by the Secretary to be appropriate the United States in and to a parcel of real ation, or expansion of the demonstration under the circumstances. property, including improvements thereon, programs, that the Secretary of Defense or (e) USE OF CONSIDERATION.—If consider- consisting of approximately 44 acres at Fort the Secretary of the Army considers appro- ation is received for the conveyance of real Bliss, Texas, for the purpose of facilitating priate. property under subsection (a), the Secretary the construction by the State of Texas of a (e) EXPIRATION.—The authority under sub- may use the amounts received, in such nursing home for veterans of the Armed section (a) to include requirements referred amounts as are provided in appropriations Forces. to in that subsection in contracts under the Acts, to pay for— (b) REVERSIONARY INTEREST.—If, at the end demonstration program under this section (1) the cost of a survey described in sub- of the five-year period beginning on the date shall expire on September 30, 2006. section (f) with respect to the property; the Secretary makes the conveyance under (f) FUNDING.—Amounts authorized to be ap- (2) the cost of carrying out any environ- subsection (a), the Secretary determines propriated for a fiscal year for military con- mental assessment, study, or analysis, and that a nursing home for veterans is not in struction shall be available for the dem- any remediation, that may be required under operation on the conveyed real property, all onstration program under this section in Federal law, or is considered appropriate by right, title, and interest in and to the prop- such fiscal year. the Secretary, in connection with the prop- erty, including any improvements thereon, (g) CONFORMING AMENDMENT.—Section 2814 erty or the conveyance of the property; and shall revert to the United States, and the of the Military Construction Authorization (3) any other costs incurred by the Sec- United States shall have the right of imme- Act for Fiscal Year 2002 (division B of Public retary in conveying the property. diate entry onto the property. Any deter- Law 107–107; 115 Stat. 1310; 10 U.S.C. 2809 (f) DESCRIPTION OF PROPERTY.—The exact mination of the Secretary under this sub- note) is amended— acreage and legal description of any real section shall be made on the record after an (1) by striking subsection (d); and property to be conveyed under subsection (a) opportunity for a hearing. (2) by redesignating subsections (e) and (f) shall be determined by a survey satisfactory (c) DESCRIPTION OF PROPERTY.—The exact as subsections (d) and (e), respectively. to the Secretary. acreage and legal description of the real SEC. 2815. EXPANDED AUTHORITY TO TRANSFER (g) ADDITIONAL TERMS AND CONDITIONS.— property to be conveyed under subsection (a) PROPERTY AT MILITARY INSTALLA- The Secretary may require such additional shall be determined by a survey satisfactory TIONS TO BE CLOSED TO PERSONS terms and conditions in connection with a to the Secretary. The cost of the survey WHO CONSTRUCT OR PROVIDE MILI- conveyance of real property under this sec- shall be borne by the County. TARY FAMILY HOUSING. tion as the Secretary considers appropriate (d) ADDITIONAL TERMS AND CONDITIONS.— (a) 1988 LAW.—Section 204(e)(1) of the De- to protect the interests of the United States. The Secretary may require such additional fense Authorization Amendments and Base terms and conditions in connection with the Closure and Realignment Act (Public Law SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY. conveyance under subsection (a) as the Sec- 100–526; 10 U.S.C. 2687 note) is amended by retary considers appropriate to protect the (a) CONVEYANCE AUTHORIZED.—The Sec- striking the last sentence. retary of the Army may convey, without interests of the United States. (b) 1990 LAW.—Section 2905(f)(1) of the De- consideration, to the City of Hopkinsville, SEC. 2825. LAND CONVEYANCE, FORT HOOD, fense Base Closure and Realignment Act of TEXAS. Kentucky, all right, title, and interest of the 1990 (part A of title XXIX of Public Law 101– (a) CONVEYANCE AUTHORIZED.—The Sec- United States in and to a parcel of real prop- 510; 10 U.S.C. 2687 note) is amended by strik- retary of the Army may convey, without erty at Fort Campbell, Kentucky, consisting ing the last sentence. consideration, to the Veterans Land Board of of approximately 50 acres and containing an Subtitle C—Land Conveyances the State of Texas (in this section referred to abandoned railroad spur for the purpose of as the ‘‘Board’’), all right, title, and interest PART I—ARMY CONVEYANCES permitting the City to use the property for of the United States in and to a parcel of SEC. 2821. LAND CONVEYANCES, LANDS IN ALAS- storm water management, recreation, trans- real property, including any improvements KA NO LONGER REQUIRED FOR NA- portation, and other public purposes. thereon, consisting of approximately 174 TIONAL GUARD PURPOSES. (b) DESCRIPTION OF PROPERTY.—The acre- acres at Fort Hood, Texas, for the purpose of (a) CONVEYANCE AUTHORIZED.—The Sec- age of the real property to be conveyed under permitting the Board to establish a State- retary of the Army may convey to an eligi- subsection (a) has been determined by the run cemetery for veterans. ble entity described subsection (b) all right, Secretary through a legal description out- (b) DESCRIPTION OF PROPERTY.—The exact title, and interest of the United States in lining such acreage. No further survey of the acreage and legal description of the real and to any parcel of real property, including property before transfer is necessary. property to be conveyed under subsection (a) any improvements thereon, in the State of (c) ADDITIONAL TERMS AND CONDITIONS.— shall be determined by a survey satisfactory Alaska described in subsection (c) if the Sec- The Secretary may require such additional to the Secretary. The cost of the survey retary determines the conveyance would be terms and conditions in connection with the shall be borne by the Board. in the public interest. conveyance under subsection (a) as the Sec- (c) ADDITIONAL TERMS AND CONDITIONS.— (b) ELIGIBLE RECIPIENTS.—The following retary considers appropriate to protect the The Secretary may require such additional entities shall be eligible to receive real prop- interests of the United States. terms and conditions in connection with the erty under subsection (a): SEC. 2823. LAND CONVEYANCE, ARMY RESERVE conveyance under subsection (a) as the Sec- (1) The State of Alaska. TRAINING CENTER, BUFFALO, MIN- retary considers appropriate to protect the (2) A governmental entity in the State of NESOTA. interests of the United States. Alaska. (a) CONVEYANCE AUTHORIZED.—The Sec- SEC. 2826. LAND CONVEYANCE, FORT MON- (3) A Native Corporation (as defined in sec- retary of the Army may convey, without MOUTH, NEW JERSEY. tion 3 of the Alaska Native Claims Settle- consideration, to the Buffalo Independent (a) CONVEYANCE AUTHORIZED.—The Sec- ment Act (43 U.S.C. 1602)). School District 877 of Buffalo, Minnesota (in retary of the Army may convey by sale all H5596 CONGRESSIONAL RECORD — HOUSE July 25, 2002

right, title, and interest of the United States (c) REVERSIONARY INTEREST.—(1) Subject to tive jurisdiction of the Secretary of the Navy in and to a parcel of land, consisting of ap- paragraph (2), if the Secretary determines at approximately 3398 acres of land, as depicted proximately 63.95 acres of military family any time that the property conveyed under on the map. housing known as Howard Commons, that subsection (a) is not being used in accord- (b) EFFECT OF SUBSEQUENT DETERMINATION comprises a portion of Fort Monmouth, New ance with the purpose of the conveyance PROPERTY IS EXCESS.—(1) If land transferred Jersey. specified in such subsection, all right, title, or retained under paragraph (2) or (3) of sub- (b) COMPETITIVE BID REQUIREMENT.—The and interest in and to the property, includ- section (a) is subsequently determined to be Secretary shall use competitive procedures ing any improvements thereon, shall revert, excess to the needs of the Federal agency for the sale authorized by subsection (a). at the option of the Secretary, to the United that received or retained the land, the head (c) CONSIDERATION.—As consideration for States, and the United States shall have the of that Federal agency shall offer to return the conveyance authorized under subsection right of immediate entry onto the property. administrative jurisdiction over the land, (a), the recipient of the land shall pay an Any determination of the Secretary under without reimbursement, to the Federal agen- amount that is no less than fair market this subsection shall be made on the record cy from which the land was received or re- value, as determined by the Secretary. Such after an opportunity for a hearing. tained. recipient may, as in-kind consideration, (2) If Marine Corps Air Station Miramar is (2) If the offer under paragraph (1) is not build replacement military family housing no longer used as a Federal aviation facility, accepted within 90 days or is otherwise re- or rehabilitate existing military family paragraph (1) shall no longer apply, and the jected, the head of the Federal agency hold- housing at Fort Monmouth, New Jersey, as Secretary shall release, without consider- ing the land may proceed to dispose of the agreed upon by the Secretary. Any proceeds ation, the reversionary interest retained by land under then current law and regulations received by the Secretary not used to con- the United States under such paragraph. governing the disposal of excess property. struct or rehabilitate such military family (d) ADMINISTRATIVE EXPENSES.—(1) The housing shall be deposited in the special ac- Corporation shall make funds available to PART III—AIR FORCE CONVEYANCES count in the Treasury established pursuant the Secretary to cover costs to be incurred SEC. 2841. LAND CONVEYANCES, WENDOVER AIR to section 204(h) of the Federal property and by the Secretary, or reimburse the Secretary FORCE BASE AUXILIARY FIELD, NE- Administrative Services Act of 1949 (40 for costs incurred, to carry out the convey- VADA. U.S.C. 485(h)). ance under subsection (a), including survey (a) CONVEYANCES AUTHORIZED TO WEST (d) DESCRIPTION OF PARCEL.—The exact costs, costs related to environmental docu- WENDOVER, NEVADA.—(1) The Secretary of acreage and legal description of the parcel to mentation, and other administrative costs the Interior may convey, without consider- be conveyed under subsection (a) shall be de- related to the conveyance. This paragraph ation, to the City of West Wendover, Nevada, termined by a survey that is satisfactory to does not apply to costs associated with the all right, title, and interest of the United the Secretary. The cost of the survey shall removal of explosive ordnance from the par- States in and to the following: be borne by the recipient of the parcel. cel and environmental remediation of the (A) The lands at Wendover Air Force Base (e) ADDITIONAL TERMS AND CONDITIONS.— parcel. Auxiliary Field, Nevada, identified in Ease- The Secretary may require such additional (2) Section 2695(c) of title 10 United States ment No. AFMC–HL–2–00–334 that are deter- terms and conditions in connection with the Code, shall apply to any amount received mined by the Secretary of the Air Force to conveyance under subsection (a) as the Sec- under paragraph (1). If the amounts received be no longer required for Air Force purposes. retary considers appropriate to protect the in advance under such paragraph exceed the (B) The lands at Wendover Air Force Base interests of the United States. costs actually incurred by the Secretary, the Auxiliary Field identified for disposition on PART II—NAVY CONVEYANCES Secretary shall refund the excess amount to the map entitled ‘‘West Wendover, Nevada– SEC. 2831. LAND CONVEYANCE, MARINE CORPS the Corporation. Excess’’, dated January 5, 2001, that are de- AIR STATION, MIRAMAR, SAN DIEGO, (e) DESCRIPTIONS OF PROPERTY.—The exact termined by the Secretary of the Air Force CALIFORNIA. acreage and legal descriptions of the real to be no longer required for Air Force pur- (a) CONVEYANCE AUTHORIZED.—The Sec- property to be conveyed by the Secretary poses. retary of the Navy may convey to the under subsection (a) and the property to be (2) The purposes of the conveyances under ENPEX Corporation, Incorporated (in this conveyed by the Corporation under sub- this subsection are— section referred to as the ‘‘Corporation’’), all section (b) shall be determined by a survey (A) to permit the establishment and main- right, title, and interest of the United States satisfactory to the Secretary. tenance of runway protection zones; and in and to a parcel of real property, including (f) EXEMPTIONS.—Section 2696 of title 10, (B) to provide for the development of an in- any improvements thereon, at Marine Corps United States Code, does not apply to the dustrial park and related infrastructure. Air Station Miramar, San Diego, California, conveyance authorized by subsection (a), and (3) The map referred to in paragraph (1)(B) consisting of approximately 60 acres and ap- the authority to make the conveyance shall shall be on file and available for public in- purtenant easements and any other nec- not be considered to render the property ex- spection in the offices of the Director of the essary interests in real property for the pur- cess or underutilized. Bureau of Land Management and the Elko pose of permitting the Corporation to use (g) ADDITIONAL TERMS AND CONDITIONS.— District Office of the Bureau of Land Man- the property for the production of electric The Secretary may require such additional agement. power and related ancillary activities. terms and conditions in connection with the (b) CONVEYANCE AUTHORIZED TO TOOELE (b) CONSIDERATION.—(1) As consideration conveyances authorized by this section as COUNTY, UTAH.—(1) The Secretary of the In- for the conveyance under subsection (a), the the Secretary considers appropriate to pro- Corporation shall— terior may convey, without consideration, to tect the interests of the United States. Tooele County, Utah, all right, title, and in- (A) convey to the United States all right, SEC. 2832. BOUNDARY ADJUSTMENTS, MARINE title, and interest of the Corporation in and terest of the United States in and to the CORPS BASE, QUANTICO, AND lands at Wendover Air Force Base Auxiliary to a parcel of real property in the San Diego PRINCE WILLIAM FOREST PARK, area that is suitable for military family VIRGINIA. Field identified in Easement No. AFMC–HL– 2–00–318 that are determined by the Sec- housing, as determined by the Secretary; and (a) BOUNDARY ADJUSTMENTS AND RELATED retary of the Air Force to be no longer re- (B) if the parcel conveyed under subpara- TRANSFERS.—(1) The Secretary of the Navy graph (A) does not contain housing units and the Secretary of the Interior shall adjust quired for Air Force purposes. suitable for use as military family housing, the boundaries of Marine Corps Base, (2) The purpose of the conveyance under design and construct such military family Quantico, Virginia, and Prince William For- this subsection is to permit the establish- housing units and supporting facilities as the est Park, Virginia, to conform to the bound- ment and maintenance of runway protection Secretary considers appropriate. aries depicted on the map entitled ‘‘Map De- zones and an aircraft accident potential pro- (2) The total combined value of the real picting Boundary Adjustments Proposed tection zone as necessitated by continued property and military family housing con- With March 10, 1998, MOU Between Prince military aircraft operations at the Utah Test veyed by the Corporation under this sub- William Forest Park and Marine Corps Base and Training Range. section shall be at least equal to the fair Quantico’’. (c) PHASED CONVEYANCES.—The land con- market value of the real property conveyed (2) As part of the boundary adjustment, the veyances authorized by subsections (a) and to the Secretary under subsection (a), in- Secretary of the Navy shall transfer, without (b) may be conducted in phases. To the ex- cluding any severance costs arising from any reimbursement, to the administrative juris- tent practicable, the first phase of the con- diminution of the value or utility of other diction of the Secretary of the Interior ap- veyances should involve at least 3,000 acres. property at Marine Corps Air Station proximately 352 acres of land, as depicted on (d) MANAGEMENT OF CONVEYED LANDS.—The Miramar attributable to the prospective fu- the map, and the Secretary of the Interior lands conveyed under subsections (a) and (b) ture use of the property conveyed under sub- shall retain administrative jurisdiction over shall be managed by the City of West section (a). approximately 1,034 acres of land, which is a Wendover, Nevada, City of Wendover, Utah, (3) The Secretary shall determine the fair portion of the Department of Interior land Tooele County, Utah, and Elko County, market value of the real property to be con- commonly known as the Quantico Special Nevada— veyed under subsection (a) and the fair mar- Use Permit Land. (1) in accordance with the provisions of an ket value of the consideration to be provided (3) As part of the boundary adjustment, the Interlocal Memorandum of Agreement en- under this subsection. Such determinations Secretary of the Interior shall transfer, tered into between the Cities of West shall be final. without reimbursement, to the administra- Wendover, Nevada, and Wendover, Utah, July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5597 Tooele County, Utah, and Elko County, Ne- (2) Section 2695(c) of title 10 United States lands shall then apply to these lands and the vada, providing for the coordinated manage- Code, shall apply to any amount received Secretary shall then adjust the boundaries ment and development of the lands for the under this subsection. accordingly. economic benefit of both communities; and (f) ADDITIONAL TERMS AND CONDITIONS.— (e) CONVEYANCE OF NAVY PERSONAL PROP- (2) in a manner that is consistent with The Secretary may require such additional ERTY.—Notwithstanding any other provision such provisions of the easements referred to terms and conditions in connection with the of law, and for the purposes of the transfer of subsections (a) and (b) that, as jointly deter- provision of public water or sewage services property authorized by this section, Depart- mined by the Secretary of the Air Force and under this section as the Secretary considers ment of Navy personal property that re- Secretary of the Interior, remain applicable appropriate to protect the interests of the mains on Adak Island is deemed related to and relevant to the operation and manage- United States. the real property and shall be conveyed by ment of the lands following conveyance and SEC. 2863. RATIFICATION OF AGREEMENT RE- the Department of the Navy to the Aleut are consistent with the provisions of this GARDING ADAK NAVAL COMPLEX, Corporation, at no additional cost, when the section. ALASKA, AND RELATED LAND CON- related real property is conveyed by the De- (e) ADDITIONAL TERMS AND CONDITIONS.— VEYANCES. partment of the Interior. The Secretary of the Air Force and the Sec- (a) RATIFICATION OF AGREEMENT.—The doc- (f) ADDITIONAL CONVEYANCE.—The Sec- retary of the Interior may jointly require ument entitled the ‘‘Agreement Concerning retary of the Interior shall convey to the such additional terms and conditions in con- the Conveyance of Property at the Adak Aleut Corporation those lands identified in nection with the conveyances required by Naval Complex’’, and dated September 20, the Agreement as the former landfill sites subsections (a) and (b) as the Secretaries 2000, executed by the Aleut Corporation, the without charge to the Aleut Corporation’s consider appropriate to protect the interests Department of the Interior, and the Depart- entitlement under the Alaska Native Claims of the United States. ment of the Navy, together with any tech- Settlement Act. nical amendments or modifications to the (g) VALUATION.—For purposes of section Subtitle D—Other Matters boundaries that may be agreed to by the par- 21(c) of the Alaska Native Claims Settlement SEC. 2861. EASEMENT FOR CONSTRUCTION OF ties, is hereby ratified, confirmed, and ap- Act, the receipt of all property by the Aleut ROADS OR HIGHWAYS, MARINE proved and the terms, conditions, proce- Corporation shall be entitled to a tax basis CORPS BASE, CAMP PENDLETON, equal to fair value on date of transfer. Fair CALIFORNIA. dures, covenants, reservations, indemnities and other provisions set forth in the Agree- value shall be determined by replacement Section 2851(a) of the Military Construc- cost appraisal. tion Authorization Act for Fiscal Year 1999 ment are declared to be obligations and com- mitments of the United States as a matter of (h) CERTAIN PROPERTY TREATED AS NOT DE- (division B of Public Law 105–261; 112 Stat. VELOPED.—Any property, including, but not 2219), as amended by section 2867 of the Na- Federal law. Modifications to the maps and legal descriptions of lands to be removed limited to, appurtenances and improve- tional Defense Authorization Act for Fiscal ments, received pursuant to this section Year 2002 (Public Law 107–107; 115 Stat. 1334) from the National Wildlife Refuge System within the military withdrawal on Adak Is- shall, for purposes of section 21(d) of the is amended in the first sentence by striking Alaska Native Claims Settlement Act and ‘‘easement to construct’’ and all that follows land set forth in Public Land Order 1949 may be made only upon agreement of all Parties section 907(d) of the Alaska National Interest through the period at the end and inserting Lands Conservation Act be treated as not de- ‘‘easement to construct, operate, and main- to the Agreement and notification given to the Committee on Resources of the House of veloped until such property is actually occu- tain a restricted access highway, notwith- pied, leased (other than leases for nominal Representatives and the Committee on En- standing any provision of State law that consideration to public entities) or sold by ergy and Natural Resources of the Senate. would otherwise prevent the Secretary from the Aleut Corporation, or, in the case of a The acreage conveyed to the United States granting the easement or the Agency from lease or other transfer by the Aleut Corpora- by the Aleut Corporation under the Agree- constructing, operating, or maintaining the tion to a wholly owned development sub- ment, as modified, shall be at least 36,000 restricted access highway.’’. sidiary, actually occupied, leased, or sold by acres. SEC. 2862. SALE OF EXCESS TREATED WATER AND the subsidiary. (b) REMOVAL OF LANDS FROM REFUGE.—Ef- WASTEWATER TREATMENT CAPAC- (i) CERTAIN LANDS UNAVAILABLE FOR SE- fective on the date of conveyance to the ITY, MARINE CORPS BASE, CAMP LECTION.—Upon conveyance to the Aleut Cor- Aleut Corporation of the Adak Exchange LEJEUNE, NORTH CAROLINA. poration of the lands described in Appendix (a) SALE AUTHORIZED.—The Secretary of Lands as described in the Agreement, all A of the Agreement, the lands described in the Navy may provide to Onslow County, such lands shall be removed from the Na- Appendix C of the Agreement will become North Carolina, or any authority or political tional Wildlife Refuge System and shall nei- unavailable for selection under the Alaska subdivision organized under the laws of ther be considered as part of the Alaska Mar- Native Claims Settlement Act. North Carolina to provide public water or itime National Wildlife Refuge nor subject to (j) MAPS.—The maps included as part of sewage services in Onslow County (in this any laws pertaining to lands within the Appendix A to the Agreement depict the section referred to as the ‘‘County’’), treated boundaries of the Alaska Maritime National lands to be conveyed to the Aleut Corpora- water and wastewater treatment services Wildlife Refuge. The conveyance restrictions tion. The maps are on file at the Region 7 Of- from facilities at Marine Corps Base, Camp imposed by section 22(g) of the Alaska Na- fice of the United States Fish and Wildlife Lejeune, North Carolina, if the Secretary de- tive Claims Settlement Act (43 U.S.C. Service and the offices of the Alaska Mari- termines that the provision of these utility 1621(g)) for land in the National Wildlife Ref- time National Wildlife Refuge in Homer, services is in the public interest and will not uge System shall not apply. The Secretary Alaska. The written legal descriptions of the interfere with current or future operations shall adjust the boundaries of the Refuge so lands to be conveyed to the Aleut Corpora- at Camp Lejeune. as to exclude all interests in lands and land tion are also part of Appendix A. In case of (b) INAPPLICABILITY OF CERTAIN REQUIRE- rights, surface and subsurface, received by discrepancies, the maps shall control. MENTS.—Section 2686 of title 10, United the Aleut Corporation in accordance with (k) DEFINITIONS.—In this section: States Code, shall not apply to the provision this section and the Agreement. (1) The term ‘‘Agreement’’ means the of public water or sewage services authorized (c) RELATION TO ALASKA NATIVE CLAIMS agreement ratified, confirmed, and approved by subsection (a). SETTLEMENT ACT.—Lands and interests under subsection (a). (c) CONSIDERATION.—As consideration for therein exchanged and conveyed by the (2) The term ‘‘Aleut Corporation’’ means the receipt of public water or sewage services United States pursuant to this section shall the Alaskan Native Regional Corporation under subsection (a), the County shall pay to be considered and treated as conveyances of known as the Aleut Corporation incor- the Secretary an amount (in cash or in kind) lands or interests therein under the Alaska porated in the State of Alaska pursuant to equal to the fair market value of the serv- Native Claims Settlement Act, except that the Alaska Native Claims Settlement Act (43 ices. Amounts received in cash shall be cred- receipt of such lands and interests therein U.S.C. 1601 et seq.). ited to the base operation and maintenance shall not constitute a sale or disposition of SEC. 2864. SPECIAL REQUIREMENTS FOR ADDING accounts of Camp Lejeune. land or interests received pursuant to such MILITARY INSTALLATION TO CLO- (d) EXPANSION.—The Secretary may make Act. The public easements for access to pub- SURE LIST. minor expansions and extensions and permit lic lands and waters reserved pursuant to the Section 2914(d) of the Defense Base Closure connections to the public water or sewage Agreement are deemed to satisfy the require- and Realignment Act of 1990 (part A of title systems of the County in order to furnish the ments and purposes of section 17(b) of the XXIX of Public Law 101–510; 10 U.S.C. 2687 services authorized under subsection (a). The Alaska Native Claims Settlement Act. note), as added by section 3003 of the Mili- Secretary shall restrict the provision of serv- (d) REACQUISITION AUTHORITY.—The Sec- tary Construction Authorization Act for Fis- ices to the County to those areas in the retary of the Interior is authorized to ac- cal Year 2002 (division B of Public Law 107– County where residential development would quire by purchase or exchange, on a willing 107; 155 Stat, 1346), is amended— be compatible with current and future oper- seller basis only, any land conveyed to the (1) by redesignating paragraphs (4) and (5) ations at Camp Lejeune. Aleut Corporation under the Agreement and as paragraphs (5) and (6), respectively; and (e) ADMINISTRATIVE EXPENSES.—The Sec- this section. In the event any of the lands (2) by inserting after paragraph (3) the fol- retary may require the County to reimburse are subsequently acquired by the United lowing new paragraph (4): the Secretary for the costs incurred by the States, they shall be automatically included ‘‘(4) LIMITATION ON AUTHORITY TO REC- Secretary to provide public water or sewage in the National Wildlife Refuge System. The OMMEND ADDITIONAL INSTALLATION FOR CLO- services to the County under subsection (a). laws and regulations applicable to refuge SURE.—Notwithstanding paragraph (3), the H5598 CONGRESSIONAL RECORD — HOUSE July 25, 2002 decision of the Commission to add a military section (a) that are available for carrying the construction of any minor construction installation to the Secretary’s list of instal- out plant projects, the Secretary may carry project authorized by a DOE national secu- lations recommended for closure must be out, for environmental restoration and waste rity authorization, the estimated cost of the unanimous, and at least two members of the management activities, the following new project is revised and the revised cost of the Commission must have visited the installa- plant project: project exceeds the minor construction tion during the period of the Commission’s Project 03–D–403, immobilized high-level threshold, the Secretary shall immediately review of the list.’’. waste interim storage facility, Richland, submit to the congressional defense commit- DIVISION C—DEPARTMENT OF ENERGY Washington, $6,363,000. tees a report explaining the reasons for the NATIONAL SECURITY AUTHORIZATIONS Subtitle B—Department of Energy National cost variation. AND OTHER AUTHORIZATIONS Security Authorizations General Provisions (d) MINOR CONSTRUCTION PROJECT DE- TITLE XXXI—DEPARTMENT OF ENERGY SEC. 3120. SHORT TITLE; DEFINITIONS. FINED.—In this section, the term ‘‘minor con- NATIONAL SECURITY PROGRAMS (a) SHORT TITLE.—This subtitle may be struction project’’ means any plant project Subtitle A—National Security Programs cited as the ‘‘Department of Energy National not specifically authorized by law for which Authorizations Security Authorizations General Provisions the approved total estimated cost does not exceed the minor construction threshold. SEC. 3101. NATIONAL NUCLEAR SECURITY AD- Act’’. MINISTRATION. (b) DEFINITIONS.—In this subtitle: SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. (a) AUTHORIZATION OF APPROPRIATIONS.— (1) The term ‘‘DOE national security au- (a) IN GENERAL.— Funds are hereby authorized to be appro- thorization’’ means an authorization of ap- (1) CONSTRUCTION COST CEILING.—Except as priated to the Department of Energy for fis- propriations for activities of the Department provided in paragraph (2), construction on a cal year 2003 for the activities of the Na- of Energy in carrying out programs nec- construction project which is in support of tional Nuclear Security Administration in essary for national security. national security programs of the Depart- carrying out programs necessary for na- (2) The term ‘‘congressional defense com- ment of Energy and was authorized by a DOE tional security in the amount of mittees’’ means— national security authorization may not be $8,034,349,000, to be allocated as follows: (A) the Committee on Armed Services and started, and additional obligations in con- (1) For weapons activities, $5,937,000,000. the Committee on Appropriations of the Sen- nection with the project above the total esti- (2) For defense nuclear nonproliferation ac- ate; and mated cost may not be incurred, whenever tivities, $1,074,630,000. (B) the Committee on Armed Services and the current estimated cost of the construc- (3) For naval reactors, $706,790,000. the Committee on Appropriations of the tion project exceeds by more than 25 percent (4) For the Office of the Administrator for House of Representatives. the higher of— Nuclear Security, $315,929,000. (3) The term ‘‘minor construction thresh- (A) the amount authorized for the project; (b) AUTHORIZATION OF NEW PLANT old’’ means $5,000,000. or PROJECTS.—From funds referred to in sub- SEC. 3121. REPROGRAMMING. section (a) that are available for carrying (B) the amount of the total estimated cost (a) IN GENERAL.—Except as provided in sec- out plant projects, the Secretary may carry for the project as shown in the most recent out new plant projects as follows: tions 3129 and 3130, the Secretary of Energy budget justification data submitted to Con- (1) For weapons activities, the following may not use amounts appropriated pursuant gress. new plant projects: to a DOE national security authorization for (2) EXCEPTION WHERE NOTICE-AND-WAIT Project 03–D–101, Sandia underground reac- a program— GIVEN.—An action described in paragraph (1) tor facility (SURF), Sandia National Labora- (1) in amounts that exceed, in a fiscal year, may be taken if— tories, Albuquerque, New Mexico, $2,000,000. the amount authorized for that program by (A) the Secretary of Energy has submitted Project 03–D–103, project engineering and that authorization for that fiscal year; or to the congressional defense committees a design, various locations, $15,539,000. (2) which has not been presented to, or re- report on the actions and the circumstances Project 03–D–121, gas transfer capacity ex- quested of, Congress, making such action necessary; and pansion, Kansas City Plant, Kansas City, until the Secretary submits to the congres- (B) a period of 30 days has elapsed after the Missouri, $4,000,000. sional defense committees a report referred date on which the report is received by the Project 03–D–122, prototype purification fa- to in subsection (b) with respect to that pro- committees. cility, Y–12 plant, Oak Ridge, Tennessee, gram and a period of 30 days has elapsed (3) COMPUTATION OF DAYS.—In the computa- $20,800,000. after the date on which such committees re- tion of the 30-day period under paragraph (2), Project 03–D–123, special nuclear materials ceive the report. there shall be excluded any day on which ei- requalification, Pantex plant, Amarillo, (b) REPORT.—The report referred to in sub- ther House of Congress is not in session be- Texas, $3,000,000. section (a) is a report containing a full and cause of an adjournment of more than three (2) For naval reactors, the following new complete statement of the action proposed days to a day certain. plant project: to be taken and the facts and circumstances (b) EXCEPTION FOR MINOR PROJECTS.—Sub- Project 03–D–201, cleanroom technology fa- relied upon in support of the proposed ac- section (a) does not apply to a construction cility, Bettis Atomic Power Laboratory, tion. project with a current estimated cost of less West Mifflin, Pennsylvania, $7,200,000. (c) COMPUTATION OF DAYS.—In the com- than the minor construction threshold. putation of the 30-day period under sub- SEC. 3102. ENVIRONMENTAL AND OTHER DE- SEC. 3124. FUND TRANSFER AUTHORITY. FENSE ACTIVITIES. section (a), there shall be excluded any day (a) TRANSFER TO OTHER FEDERAL AGEN- (a) AUTHORIZATION OF APPROPRIATIONS.— on which either House of Congress is not in Funds are hereby authorized to be appro- session because of an adjournment of more CIES.—The Secretary of Energy may transfer priated to the Department of Energy for fis- than three days to a day certain. funds authorized to be appropriated to the cal year 2003 for environmental restoration (d) LIMITATIONS.— Department of Energy pursuant to a DOE na- and waste management activities and other (1) TOTAL AMOUNT OBLIGATED.—In no event tional security authorization to other Fed- defense activities in carrying out programs may the total amount of funds obligated pur- eral agencies for the performance of work for necessary for national security in the suant to a DOE national security authoriza- which the funds were authorized. Funds so amount of $7,366,510,000, to be allocated as tion for a fiscal year exceed the total transferred may be merged with and be follows: amount authorized to be appropriated by available for the same purposes and for the (1) For defense environmental restoration that authorization for that fiscal year. same time period as the authorizations of and waste management, $4,544,133,000. (2) PROHIBITED ITEMS.—Funds appropriated the Federal agency to which the amounts are (2) For defense environmental management pursuant to a DOE national security author- transferred. cleanup reform in carrying out environ- ization may not be used for an item for (b) TRANSFER WITHIN DEPARTMENT OF EN- mental restoration and waste management which Congress has specifically denied funds. ERGY.— activities necessary for national security SEC. 3122. MINOR CONSTRUCTION PROJECTS. (1) TRANSFERS PERMITTED.—Subject to programs, $800,000,000. (a) AUTHORITY.—Using operation and main- paragraph (2), the Secretary of Energy may (3) For defense facilities closure projects, tenance funds or facilities and infrastructure transfer funds authorized to be appropriated $1,091,314,000. funds authorized by a DOE national security to the Department of Energy pursuant to a (4) For defense environmental management authorization, the Secretary of Energy may DOE national security authorization be- privatization, $158,399,000. carry out minor construction projects. tween any such authorizations. Amounts of (5) For other defense activities in carrying (b) ANNUAL REPORT.—The Secretary shall authorizations so transferred may be merged out programs necessary for national secu- submit to the congressional defense commit- with and be available for the same purposes rity, $457,664,000. tees on an annual basis a report on each ex- and for the same period as the authorization (6) For defense nuclear waste disposal for ercise of the authority in subsection (a) dur- to which the amounts are transferred. payment to the Nuclear Waste Fund estab- ing the preceding fiscal year. Each report (2) MAXIMUM AMOUNTS.—Not more than 5 lished in section 302(c) of the Nuclear Waste shall provide a brief description of each percent of any such authorization may be Policy Act of 1982 (42 U.S.C. 10222(c)), minor construction project covered by the transferred between authorizations under $315,000,000. report. paragraph (1). No such authorization may be (b) AUTHORIZATION OF NEW PLANT (c) COST VARIATION REPORTS TO CONGRES- increased or decreased by more than 5 per- PROJECT.—From funds referred to in sub- SIONAL COMMITTEES.—If, at any time during cent by a transfer under such paragraph. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5599

(c) LIMITATIONS.—The authority provided SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL the Department of Energy pursuant to an au- by this subsection to transfer SECURITY PROGRAMS OF THE DE- thorization for carrying out environmental authorizations— PARTMENT OF ENERGY. restoration and waste management activi- (1) may be used only to provide funds for Subject to the provisions of appropriation ties necessary for national security pro- items relating to activities necessary for na- Acts and section 3121, amounts appropriated grams. pursuant to a DOE national security author- tional security programs that have a higher SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES priority than the items from which the funds ization for management and support activi- FUNDS. ties and for general plant projects are avail- are transferred; and (a) TRANSFER AUTHORITY FOR WEAPONS AC- able for use, when necessary, in connection (2) may not be used to provide funds for an TIVITIES FUNDS.—The Secretary of Energy item for which Congress has specifically de- with all national security programs of the shall provide the manager of each field office nied funds. Department of Energy. of the Department of Energy with the au- (d) NOTICE TO CONGRESS.—The Secretary of SEC. 3128. AVAILABILITY OF FUNDS. thority to transfer weapons activities funds Energy shall promptly notify the Committee (a) IN GENERAL.—Except as provided in from a program or project under the jurisdic- on Armed Services of the Senate and the subsection (b), amounts appropriated for op- tion of that office to another such program Committee on Armed Services of the House eration and maintenance or for plant or project. of Representatives of any transfer of funds to projects may, when so specified in an appro- (b) LIMITATIONS.— or from any DOE national security author- priations Act, remain available until ex- (1) NUMBER OF TRANSFERS.—Not more than ization. pended. one transfer may be made to or from any SEC. 3125. AUTHORITY FOR CONCEPTUAL AND (b) EXCEPTION FOR NNSA FUNDS.—Amounts program or project under subsection (a) in a CONSTRUCTION DESIGN. appropriated for the National Nuclear Secu- fiscal year. (a) REQUIREMENT OF CONCEPTUAL DESIGN.— rity Administration pursuant to a DOE na- (2) AMOUNTS TRANSFERRED.—The amount (1) IN GENERAL.—Subject to paragraph (2) tional security authorization for a fiscal transferred to or from a program or project and except as provided in paragraph (3), be- year shall remain available to be expended— fore submitting to Congress a request for in any one transfer under subsection (a) may (1) only until the end of that fiscal year, in not exceed $5,000,000. funds for a construction project that is in the case of amounts appropriated for the Of- (3) DETERMINATION REQUIRED.—A transfer support of a national security program of the fice of the Administrator for Nuclear Secu- Department of Energy, the Secretary of En- may not be carried out by a manager of a rity; and field office under subsection (a) unless the ergy shall complete a conceptual design for (2) only in that fiscal year and the two suc- that project. manager determines that the transfer— ceeding fiscal years, in all other cases. (A) is necessary to address a risk to health, (2) REQUESTS FOR CONCEPTUAL DESIGN SEC. 3129. TRANSFER OF DEFENSE ENVIRON- FUNDS.—If the estimated cost of completing safety, or the environment; or MENTAL MANAGEMENT FUNDS. (B) will result in cost savings and effi- a conceptual design for a construction (a) TRANSFER AUTHORITY FOR DEFENSE EN- ciencies. project exceeds $3,000,000, the Secretary shall VIRONMENTAL MANAGEMENT FUNDS.—The Sec- (4) LIMITATION.—A transfer may not be car- submit to Congress a request for funds for retary of Energy shall provide the manager ried out by a manager of a field office under the conceptual design before submitting a of each field office of the Department of En- subsection (a) to cover a cost overrun or request for funds for the construction ergy with the authority to transfer defense scheduling delay for any program or project. project. environmental management funds from a (5) IMPERMISSIBLE USES.—Funds transferred (3) EXCEPTIONS.—The requirement in para- program or project under the jurisdiction of pursuant to subsection (a) may not be used graph (1) does not apply to a request for that office to another such program or for an item for which Congress has specifi- funds— project. cally denied funds or for a new program or (A) for a construction project the total es- (b) LIMITATIONS.— project that has not been authorized by Con- timated cost of which is less than the minor (1) NUMBER OF TRANSFERS.—Not more than gress. construction threshold; or one transfer may be made to or from any (c) EXEMPTION FROM REPROGRAMMING RE- (B) for emergency planning, design, and program or project under subsection (a) in a QUIREMENTS.—The requirements of section construction activities under section 3126. fiscal year. 3121 shall not apply to transfers of funds pur- (b) AUTHORITY FOR CONSTRUCTION DESIGN.— (2) AMOUNTS TRANSFERRED.—The amount suant to subsection (a). (1) IN GENERAL.—Within the amounts au- transferred to or from a program or project (d) NOTIFICATION.—The Secretary, acting thorized by a DOE national security author- in any one transfer under subsection (a) may through the Administrator for Nuclear Secu- ization, the Secretary of Energy may carry not exceed $5,000,000. rity, shall notify Congress of any transfer of out construction design (including architec- (3) DETERMINATION REQUIRED.—A transfer funds pursuant to subsection (a) not later tural and engineering services) in connection may not be carried out by a manager of a than 30 days after such transfer occurs. with any proposed construction project if the field office under subsection (a) unless the (e) DEFINITIONS.—In this section— total estimated cost for such design does not manager determines that the transfer is (1) the term ‘‘program or project’’ means, exceed $600,000. necessary— with respect to a field office of the Depart- (2) SPECIFIC AUTHORITY REQUIRED.—If the (A) to address a risk to health, safety, or ment of Energy, a program or project that is total estimated cost for construction design the environment; or for weapons activities necessary for national in connection with any construction project (B) to assure the most efficient use of de- security programs of the Department, that is exceeds $600,000, funds for that design must fense environmental management funds at being carried out by that office, and for be specifically authorized by law. the field office. which weapons activities funds have been au- SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- (4) IMPERMISSIBLE USES.—Funds transferred thorized and appropriated; and NING, DESIGN, AND CONSTRUCTION pursuant to subsection (a) may not be used (2) the term ‘‘weapons activities funds’’ ACTIVITIES. for an item for which Congress has specifi- (a) AUTHORITY.—The Secretary of Energy means funds appropriated to the Department cally denied funds or for a new program or may use any funds available to the Depart- of Energy pursuant to an authorization for project that has not been authorized by Con- ment of Energy pursuant to a DOE national carrying out weapons activities necessary gress. security authorization, including funds au- for national security programs. (c) EXEMPTION FROM REPROGRAMMING RE- thorized to be appropriated for advance plan- QUIREMENTS.—The requirements of section SEC. 3131. SCOPE OF AUTHORITY TO CARRY OUT ning, engineering, and construction design, 3121 shall not apply to transfers of funds pur- PLANT PROJECTS. and for plant projects, to perform planning, suant to subsection (a). In carrying out programs necessary for na- design, and construction activities for any (d) NOTIFICATION.—The Secretary, acting tional security, the authority of the Sec- Department of Energy national security pro- through the Assistant Secretary of Energy retary of Energy to carry out plant projects gram construction project that, as deter- for Environmental Management, shall notify includes authority for maintenance, restora- mined by the Secretary, must proceed expe- Congress of any transfer of funds pursuant to tion, planning, construction, acquisition, ditiously in order to protect public health subsection (a) not later than 30 days after modification of facilities, and the continu- and safety, to meet the needs of national de- ation of projects authorized in prior years, fense, or to protect property. such transfer occurs. (e) DEFINITIONS.—In this section— and land acquisition related thereto. (b) LIMITATION.—The Secretary may not exercise the authority under subsection (a) (1) the term ‘‘program or project’’ means, Subtitle C—Program Authorizations, in the case of a construction project until with respect to a field office of the Depart- Restrictions, and Limitations the Secretary has submitted to the congres- ment of Energy, a program or project that is SEC. 3141. ONE-YEAR EXTENSION OF PANEL TO sional defense committees a report on the for environmental restoration or waste man- ASSESS THE RELIABILITY, SAFETY, activities that the Secretary intends to agement activities necessary for national se- AND SECURITY OF THE UNITED carry out under this section and the cir- curity programs of the Department, that is STATES NUCLEAR STOCKPILE. cumstances making those activities nec- being carried out by that office, and for Section 3159 of the Strom Thurmond Na- essary. which defense environmental management tional Defense Authorization Act for Fiscal (c) SPECIFIC AUTHORITY.—The requirement funds have been authorized and appropriated; Year 1999 (42 U.S.C. 2121 note) is amended— of section 3125(b)(2) does not apply to emer- and (1) in subsection (d), by striking ‘‘February gency planning, design, and construction ac- (2) the term ‘‘defense environmental man- 1, 2002,’’ and inserting ‘‘February 1 of 2002 tivities conducted under this section. agement funds’’ means funds appropriated to and 2003,’’; and H5600 CONGRESSIONAL RECORD — HOUSE July 25, 2002 (2) in subsection (g), by striking ‘‘three tional Nuclear Security Administration Act ground nuclear weapons tests is achieved years’’ and all that follows through the pe- (50 U.S.C. 2471). when the Department of Energy has the ca- riod at the end and inserting ‘‘April 1, 2003.’’. (B) The commander of the United States pability to resume such tests, if directed by SEC. 3142. TRANSFER TO NATIONAL NUCLEAR SE- Strategic Command. the President to resume such tests, not later CURITY ADMINISTRATION OF DE- (2) In this section, the term ‘‘Secretary than one year after the date on which the PARTMENT OF DEFENSE’S COOPERA- concerned’’ means— President so directs. TIVE THREAT REDUCTION PROGRAM (A) the Secretary of Energy, with respect (c) REPORT.—The Secretary shall include RELATING TO ELIMINATION OF to matters concerning the Department of with the budget justification materials sub- WEAPONS GRADE PLUTONIUM IN Energy; and mitted to Congress in support of the Depart- RUSSIA. (B) the Secretary of Defense, with respect ment of Energy budget for fiscal year 2004 (as (a) TRANSFER OF PROGRAM.—There are to matters concerning the Department of De- submitted with the budget of the President hereby transferred to the Administrator for fense. under section 1105(a) of title 31, United Nuclear Security the following: (c) USE OF ‘‘RED TEAMS’’ FOR LABORATORY States Code) a report on the plan required by (1) The program, within the Cooperative CERTIFICATIONS.—The head of each national subsection (a). The report shall include the Threat Reduction program of the Depart- security laboratory shall, to assist in the plan and a budget for implementing the plan. ment of Defense, relating to the elimination certification process required by subsection of weapons grade plutonium in Russia. SEC. 3146. PROHIBITION ON DEVELOPMENT OF (a), establish one or more teams of experts LOW-YIELD NUCLEAR WEAPONS. (2) All functions, powers, duties, and ac- known as ‘‘red teams’’. Each such team (a) UNITED STATES POLICY.—It shall be the tivities of that program performed before the shall— policy of the United States not to conduct date of the enactment of this Act by the De- (1) subject to challenge the matters cov- development which could lead to the produc- partment of Defense. ered by that laboratory’s certification, and tion by the United States of a new low-yield (b) TRANSFER OF ASSETS.—(1) So much of submit the results of such challenge, to- nuclear weapon, including a precision low- the property, records, and unexpended bal- gether with findings and recommendations, yield warhead. ances of appropriations, allocations, and to the head of that laboratory; and (b) LIMITATION.—The Secretary of Energy other funds employed, used, held, available, (2) carry out peer review of the certifi- may not conduct, or provide for the conduct or to be made available in connection with cations carried out by the other laboratories, of, development which could lead to the pro- the program transferred by subsection (a) and submit the results of such peer review to duction by the United States of a low-yield are transferred to the Administrator for use the head of the laboratory concerned. nuclear weapon which, as of the date of the in connection with the program transferred. (d) REPORT ACCOMPANYING CERTIFICATION.— enactment of this Act, has not entered pro- (2) Funds so transferred— Each official specified in subsection (b)(1) duction. (A) shall be credited to the appropriation shall submit with each such certification a (c) EFFECT ON OTHER DEVELOPMENT.—Noth- account of the Department of Energy for the report on the stockpile stewardship and ing in this section shall prohibit the Sec- activities of the National Nuclear Security management program of the Department of retary of Energy from conducting, or pro- Administration in carrying out defense nu- Energy. The report shall include the fol- viding for the conduct of, development clear nonproliferation activities; and lowing: necessary— (B) remain subject to such limitations as (1) An assessment of the adequacy of the (1) to design a testing device that has a applied to such funds before such transfer. science-based tools and methods being used yield of less than five kilotons; (c) REFERENCES.—Any reference in any to determine the matters covered by the cer- (2) to modify an existing weapon for the other Federal law to the Secretary of De- tification. purpose of addressing safety and reliability fense (or an officer of the Department of De- (2) An assessment of the capability of the concerns; or fense) or the Department of Defense shall, to manufacturing infrastructure required by (3) to address proliferation concerns. the extent such reference pertains to a func- section 3137 of the National Defense Author- (d) DEFINITIONS.—In this section— tion transferred by this section, be deemed ization Act for Fiscal Year 1996 (42 U.S.C. (1) the term ‘‘low-yield nuclear weapon’’ to refer to the Administrator for Nuclear Se- 2121 note) to identify and fix any inadequacy means a nuclear weapon that has a yield of curity or the National Nuclear Security Ad- with respect to the matters covered by the less than five kilotons; and ministration, as applicable. certification. (2) the term ‘‘development’’ does not in- SEC. 3143. REPEAL OF REQUIREMENT FOR RE- (3) An assessment of the need of the United clude concept definition studies, feasibility PORTS ON OBLIGATION OF FUNDS States to resume testing of nuclear weapons studies, or detailed engineering design work. FOR PROGRAMS ON FISSILE MATE- and the readiness of the United States to re- ONFORMING EPEAL RIALS IN RUSSIA. (e) C R .—Section 3136 of sume such testing, together with an identi- the National Defense Authorization Act for Section 3131 of the National Defense Au- fication of the specific tests the conduct of Fiscal Year 1994 (42 U.S.C. 2121 note) is re- thorization Act for Fiscal Year 1996 (Public which might have value and the anticipated pealed. Law 104–106; 110 Stat. 617; 22 U.S.C. 5952 note) value of conducting such tests. is amended— Subtitle D—Matters Relating to Defense (4) An identification and discussion of any Environmental Management (1) in subsection (a), by striking ‘‘(a) AU- other matter that adversely affects the abil- THORITY.—’’; and ity to accurately determine the matters cov- SEC. 3151. DEFENSE ENVIRONMENTAL MANAGE- MENT CLEANUP REFORM PROGRAM. (2) by striking subsection (b). ered by the certification. (a) PROGRAM REQUIRED.—From funds made SEC. 3144. ANNUAL CERTIFICATION TO THE (5) In the case of a report submitted by the available pursuant to section 3102(a)(2) for PRESIDENT AND CONGRESS ON THE head of a national security laboratory, the CONDITION OF THE UNITED STATES defense environmental management cleanup findings and recommendations submitted by NUCLEAR WEAPONS STOCKPILE. reform, the Secretary of Energy shall carry the ‘‘red teams’’ under subsection (c) that re- (a) CERTIFICATION REQUIRED.—(1) Not later out a program to reform DOE environmental late to such certification, and a discussion of than January 15 of each year, each official management activities. In carrying out the those findings and recommendations. specified in subsection (b)(1) shall submit to program, the Secretary shall allocate, to (6) In the case of a report submitted by the the Secretary concerned a certification re- each site for which the Secretary has sub- head of a national security laboratory, a dis- garding the safety, reliability, and perform- mitted to the congressional defense commit- cussion of the relative merits of other weap- ance of each nuclear weapon type in the ac- tees a site performance management plan, on types that could accomplish the mission tive stockpile of the United States for which the amount of those funds that such plan re- of the weapon type covered by such certifi- such official is responsible. quires. cation. (2) Not later than February 1 of each year, (b) TRANSFER AND MERGER OF FUNDS.— (e) CLASSIFIED FORM.—Each submission re- the Secretary of Defense and the Secretary quired by this section shall be made only in Funds so allocated shall, notwithstanding of Energy shall each submit to the President classified form. section 3124, be transferred to the account and the Congress— for DOE environmental management activi- (A) each certification, without change, SEC. 3145. PLAN FOR ACHIEVING ONE-YEAR READINESS POSTURE FOR RESUMP- ties and, subject to subsection (c), shall be submitted under paragraph (1) to that Sec- TION BY THE UNITED STATES OF UN- merged with and be available for the same retary; DERGROUND NUCLEAR WEAPONS purposes and for the same period as the (B) each report, without change, submitted TESTS. funds available in such account. The author- under subsection (d) to that Secretary; (a) PLAN REQUIRED.—The Secretary of En- ity provided by section 3129 shall apply to (C) the comments of that Secretary with ergy, in consultation with the Administrator funds so transferred. respect to each such certification and each for Nuclear Security, shall prepare a plan for (c) LIMITATION ON USE OF ALL MERGED such report; and achieving, not later than one year after the FUNDS.—Upon a transfer and merger of funds (D) any other information that the Sec- date on which the plan is submitted under under subsection (b), all funds in the merged retary considers appropriate. subsection (c), a one-year readiness posture account that are available with respect to (b) COVERED OFFICIALS AND SECRETARIES.— for resumption by the United States of un- the site may be used only to carry out the (1) The officials referred to in subsection (a) derground nuclear weapons tests. site performance management plan for such are the following: (b) DEFINITION.—For purposes of this sec- site. (A) The head of each national security lab- tion, a one-year readiness posture for re- (d) SITE PERFORMANCE MANAGEMENT PLAN oratory, as defined in section 3281 of the Na- sumption by the United States of under- DEFINED.—For purposes of this section, a site July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5601 performance management plan for a site is a of the Defense Nuclear Facilities Safety (1) the recipient agrees to use the vessel as plan, agreed to by the applicable Federal and Board under chapter 21 of the Atomic Energy a nonprofit military museum; State agencies with regulatory jurisdiction Act of 1954 (42 U.S.C. 2286 et seq.). (2) the vessel is not used for commercial with respect to the site, for the performance TITLE XXXIII—NATIONAL DEFENSE transportation purposes; of activities to accelerate the reduction of STOCKPILE (3) the recipient agrees to make the vessel environmental risk in connection with, and available to the Government when the Sec- SEC. 3301. AUTHORIZED USES OF NATIONAL DE- retary requires use of the vessel by the Gov- to accelerate the environmental cleanup of, FENSE STOCKPILE FUNDS. the site. ernment; (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- (4) the recipient agrees that when the re- (e) DOE ENVIRONMENTAL MANAGEMENT AC- ing fiscal year 2003, the National Defense cipient no longer requires the vessel for use TIVITIES DEFINED.—For purposes of this sec- Stockpile Manager may obligate up to as a military museum— tion, the term ‘‘DOE environmental manage- $76,400,000 of the funds in the National De- (A) the recipient will, at the discretion of ment activities’’ means environmental res- fense Stockpile Transaction Fund estab- the Secretary, reconvey the vessel to the toration and waste management activities of lished under subsection (a) of section 9 of the Government in good condition except for or- the Department of Energy in carrying out Strategic and Critical Materials Stock Pil- programs necessary for national security. dinary wear and tear; or ing Act (50 U.S.C. 98h) for the authorized (B) if the Board of Trustees of the recipient SEC. 3152. REPORT ON STATUS OF ENVIRON- uses of such funds under subsection (b)(2) of MENTAL MANAGEMENT INITIATIVES has decided to dissolve the recipient accord- such section, including the disposal of haz- ing to the laws of the State of New York, TO ACCELERATE THE REDUCTION ardous materials that are environmentally OF ENVIRONMENTAL RISKS AND then— CHALLENGES POSED BY THE LEG- sensitive. (i) the recipient shall distribute the vessel, ACY OF THE COLD WAR. (b) ADDITIONAL OBLIGATIONS.—The Na- as an asset of the recipient, to a person that (a) REPORT REQUIRED.—The Secretary of tional Defense Stockpile Manager may obli- has been determined exempt from taxation Energy shall prepare a report on the status gate amounts in excess of the amount speci- under the provisions of section 501(c)(3) of of those environmental management initia- fied in subsection (a) if the National Defense the Internal Revenue Code, or to the Federal tives specified in subsection (b) that are Stockpile Manager notifies Congress that ex- Government or a State or local government being undertaken to accelerate the reduction traordinary or emergency conditions neces- for a public purpose; and of the environmental risks and challenges sitate the additional obligations. The Na- (ii) the vessel shall be disposed of by a that, as a result of the legacy of the Cold tional Defense Stockpile Manager may make court of competent jurisdiction of the coun- War, are faced by the Department of Energy, the additional obligations described in the ty in which the principal office of the recipi- contractors of the Department, and applica- notification after the end of the 45-day pe- ent is located, for such purposes as the court ble Federal and State agencies with regu- riod beginning on the date on which Con- shall determine, or to such organizations as latory jurisdiction. gress receives the notification. the court shall determine are organized ex- (b) CONTENTS.—The report shall include the (c) LIMITATIONS.—The authorities provided clusively for public purposes; following matters: by this section shall be subject to such limi- (5) the recipient agrees to hold the Govern- (1) A discussion of the progress made in re- tations as may be provided in appropriations ment harmless for any claims arising from ducing such risks and challenges in each of Acts. exposure to asbestos after conveyance of the the following areas: TITLE XXXIV—NAVAL PETROLEUM vessel, except for claims arising from use by (A) Acquisition strategy and contract man- RESERVES the Government under paragraph (3) or (4); agement. SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. and (B) Regulatory agreements. (a) AMOUNT.—There are hereby authorized (6) the recipient has available, for use to (C) Interim storage and final disposal of to be appropriated to the Secretary of En- restore the vessel, in the form of cash, liquid high-level waste, spent nuclear fuel, trans- ergy $21,069,000 for fiscal year 2003 for the assets, or a written loan commitment, finan- uranic waste, and low-level waste. purpose of carrying out activities under cial resources of at least $100,000. (D) Closure and transfer of environmental chapter 641 of title 10, United States Code, (b) DELIVERY OF VESSEL.—If a conveyance remediation sites. relating to the naval petroleum reserves. is made under this Act, the Secretary shall (E) Achievements in innovation by con- (b) PERIOD OF AVAILABILITY.—Funds appro- deliver the vessel at the place where the ves- tractors of the Department with respect to priated pursuant to the authorization of ap- sel is located on the date of enactment of accelerated risk reduction and cleanup. propriations in subsection (a) shall remain this Act, in its present condition, without (F) Consolidation of special nuclear mate- available until expended. cost to the Government. (c) OTHER UNNEEDED EQUIPMENT.—The Sec- rials and improvements in safeguards and se- TITLE XXXV—MARITIME ADMINISTRATION curity. retary may also convey any unneeded equip- (2) An assessment of the progress made in SEC. 3501. AUTHORIZATION OF APPROPRIATIONS ment from other vessels in the National De- FOR FISCAL YEAR 2003. streamlining risk reduction processes of the fense Reserve Fleet in order to restore the Funds are hereby authorized to be appro- environmental management program of the USS SPHINX (ARL–24) to museum quality. priated for fiscal year 2003, to be available (d) RETENTION OF VESSEL IN NDRF.—The Department. without fiscal year limitation if so provided Secretary shall retain in the National De- (3) An assessment of the progress made in in appropriations Acts, for the use of the De- fense Reserve Fleet the vessel authorized to improving the responsiveness and effective- partment of Transportation for the Maritime be conveyed under subsection (a), until the ness of the environmental management pro- Administration as follows: earlier of— gram of the Department. (1) For expenses necessary for operations (1) 2 years after the date of the enactment (4) Any proposals for legislation that the and training activities, $93,132,000. of this Act; or Secretary considers necessary to carry out (2) For expenses under the loan guarantee (2) the date of conveyance of the vessel such initiatives, including the justification program authorized by title XI of the Mer- under subsection (a). for each such proposal. chant Marine Act, 1936 (46 App. U.S.C. 1271 et SEC. 3503. FINANCIAL ASSISTANCE TO STATES (c) INITIATIVES COVERED.—The environ- seq.), $54,126,000, of which— FOR PREPARATION OF TRANS- mental management initiatives referred to (A) $50,000,000 is for the cost (as defined in FERRED OBSOLETE SHIPS FOR USE in subsection (a) are the initiatives arising section 502(5) of the Federal Credit Reform AS ARTIFICIAL REEFS. out of the report titled ‘‘Top-to-Bottom Re- (a) IN GENERAL.—Public Law 92–402 (16 Act of 1990 (2 U.S.C. 661a(5))) of loan guaran- view of the Environmental Management Pro- U.S.C. 1220 et seq.) is amended by redesig- tees under the program; and gram’’ and dated February 4, 2002, with re- nating section 7 as section 8, and by insert- (B) $4,126,000 is for administrative expenses spect to the environmental restoration and ing after section 6 the following: related to loan guarantee commitments waste management activities of the Depart- under the program. ‘‘SEC. 7. FINANCIAL ASSISTANCE TO STATE TO ment of Energy in carrying out programs PREPARE TRANSFERRED SHIP. (3) For expenses to dispose of obsolete ves- necessary for national security. ‘‘(a) ASSISTANCE AUTHORIZED.—The Sec- sels in the National Defense Reserve Fleet, (d) SUBMISSION OF REPORT.—On the date on retary, subject to the availability of appro- including provision of assistance under sec- which the budget justification materials in priations, may provide, to any State to tion 7 of Public Law 92–402 (as amended by support of the Department of Energy budget which an obsolete ship is transferred under this title), $20,000,000. for fiscal year 2004 (as submitted with the this Act, financial assistance to prepare the budget of the President under section 1105(a) SEC. 3502. AUTHORITY TO CONVEY VESSEL USS ship for use as an artificial reef, including of title 31, United States Code) are submitted SPHINX (ARL–24). for— to Congress, the Secretary shall submit to (a) IN GENERAL.—Notwithstanding any ‘‘(1) environmental remediation; the congressional defense committees the re- other law, the Secretary of Transportation ‘‘(2) towing; and port required by subsection (a). may convey the right, title, and interest of ‘‘(3) sinking. the United States Government in and to the ‘‘(b) AMOUNT OF ASSISTANCE.—The Sec- TITLE XXXII—DEFENSE NUCLEAR vessel USS SPHINX (ARL–24), to the Dun- retary shall determine the amount of assist- FACILITIES SAFETY BOARD kirk Historical Lighthouse and Veterans ance under this section with respect to an SEC. 3201. AUTHORIZATION. Park Museum (a not-for-profit corporation, obsolete ship based on— There are authorized to be appropriated for in this section referred to as the ‘‘recipient’’) ‘‘(1) the total amount available for pro- fiscal year 2003, $19,000,000 for the operation for use as a military museum, if— viding assistance under this section; H5602 CONGRESSIONAL RECORD — HOUSE July 25, 2002 ‘‘(2) the benefit achieved by providing as- the conferees to focus on the work of absolutely opposed to an attack sistance for that ship; and the committee in insisting that the against Iraq without the full debate of ‘‘(3) the cost effectiveness of disposing of language of the committee’s work lim- this Congress. the ship by transfer under this Act and pro- its the administration to action relat- Mr. SKELTON. Mr. Speaker, I thank vision of assistance under this section, com- the gentlewoman from Texas (Ms. pared to other disposal options for the ves- ing only to September 11, and that, in sel. fact, there is no authorization for any JACKSON-LEE) and the gentleman from ‘‘(c) TERMS AND CONDITIONS.—The action against Iraq. Ohio (Mr. KUCINICH) for their remarks. Secretary— It is important for this Congress to Mr. SKELTON. Mr. Speaker, I with- ‘‘(1) shall require a State seeking assist- have a debate. It is important for this draw my reservation of objection. ance under this section to provide cost data Congress to insist on its prerogatives The SPEAKER pro tempore (Mr. and other information determined by the under Article 1 Section 8 of the Con- BASS). Is there objection to the request Secretary to be necessary to justify and doc- stitution of the United States, and our of the gentleman from Arizona? ument the assistance; and There was no objection. ‘‘(2) may require a State receiving such as- conference committee has an oppor- tunity to protect that prerogative. The SPEAKER pro tempore. Is there sistance to comply with terms and condi- objection to the initial request of the tions necessary to protect the environment I am hopeful that the administration and the interests of the United States.’’. will recognize the importance of hav- gentleman from Arizona? There was no objection. (b) CONFORMING AMENDMENT.—Section 4(4) ing a debate over Iraq on the floor of of such Act (16 U.S.C. 1220a(4)) is amended by this House. APPOINTMENT OF CONFEREES inserting ‘‘(except for any financial assist- Mr. Speaker, I want to thank the Mr. STUMP. Mr. Speaker, I ask ance provided under section 7)’’ after ‘‘at no gentleman for yielding me time, and I unanimous consent that the House in- cost to the Government’’. want to thank the gentleman and the sist on its amendment to the Senate SEC. 3504. INDEPENDENT ANALYSIS OF TITLE XI amendment to H.R. 4546 and request a INSURANCE GUARANTEE APPLICA- chair for the fine work they have done TIONS. on this bill. conference with the Senate thereon. Section 1104A of the Merchant Marine Act, Mr. SKELTON. Mr. Speaker, further The SPEAKER pro tempore. Is there 1936 (46 App. U.S.C. 1274) is amended— reserving my right to object, I yield to objection to the request of the gen- (1) by adding at the end of subsection (d) the gentlewoman from Texas (Ms. tleman from Arizona? the following: There was no objection. JACKSON-LEE). ‘‘(4) The Secretary may obtain independent Ms. JACKSON-LEE of Texas. Mr. MOTION TO INSTRUCT CONFEREES analysis of an application for a guarantee or Mr. TAYLOR of Mississippi. Mr. commitment to guarantee under this title.’’; Speaker, I thank the distinguished ranking member, and I too would like Speaker, I offer a motion to instruct and conferees on this motion. (2) in subsection (f) by inserting ‘‘(includ- to rise and thank the gentleman from The SPEAKER pro tempore. The ing for obtaining independent analysis under Arizona (Mr. STUMP) and the gen- subsection (d)(4))’’ after ‘‘applications for a Clerk will report the motion. tleman from Missouri (Mr. SKELTON) The Clerk read as follows: guarantee’’. for the fair way in which they have Mr. STUMP (during the reading). Mr. Mr. TAYLOR of Mississippi moves that handled one of the most important re- the managers on the part of the House Speaker, I ask unanimous consent that sponsibilities of this Nation, and that the Senate amendment and the pro- at the conference on the disagreeing is defending this Nation. votes of the two Houses on the House posed House amendment thereto be I too want to offer additional com- considered as read and printed in the amendment to the Senate amendment ments about the young men and to the bill H.R. 4546 be instructed to in- RECORD. women, the military personnel that are The SPEAKER pro tempore (Mr. sist upon the provisions of section 1551 serving in Guantanamo Bay. I had the of the House amendment (relating to SWEENEY). Is there objection to the re- opportunity to visit with the gen- quest of the gentleman from Arizona? the establishment of at least one Weap- tleman from Ohio (Mr. HOBSON) to see Mr. SKELTON. Mr. Speaker, reserv- ons of Mass Destruction Civil Support the condition of the individuals that ing the right to object, I yield to the Team in each State). are held in incarceration after the Sep- gentleman from Arizona (Mr. STUMP) The SPEAKER pro tempore. Under tember 11 terroristic act. There is a for the purpose of explaining this re- rule XX the gentleman from Mis- great improvement in their living con- quest. sissippi (Mr. TAYLOR) and the gen- ditions, which I believe are humane. Mr. STUMP. Mr. Speaker, I thank tleman from Arizona (Mr. STUMP) each And I hope as we move through this the gentleman for yielding. will control 30 minutes. The motion we are making is re- process, working with the gentleman The Chair recognizes the gentleman quired to accomplish a goal of going to from Ohio (Mr. HOBSON), I know that from Mississippi (Mr. TAYLOR). conference with the Senate on the de- we will work as well for the military Mr. TAYLOR. Mr. Speaker, I yield fense authorization bill in a manner personnel’s conditions. myself such time as I may consume. I know that it will be resolved, but I that reflects the totality of the action Mr. Speaker, we as a Nation have wanted to share that with the com- taken by the House. The gentleman is learned a heck of a lot in the months mittee. But as I share that with the aware the House passed one defense au- after September. As a member of the committee, let me also suggest that I thorization bill in early May and we Committee on Armed Services, one of want to make sure the language sticks completed another on yesterday, re- the things we have been told for years to the September 11 conditions that we flecting the $10 billion war contingency and that we were asked not to talk are having the opportunity to have cost requested by the President. about was the very large number of na- These motions would take the two congressional oversight as it relates to tions that possess weapons of mass de- bills passed by the House and join them entering into Iraq. None of our Arab al- struction. Now it has been published in together as the proper consolidated lies support the idea of precipitously so many magazines that it is hardly a House position for going to conference attacking Iraq. secret anymore, but I think the people with the Senate. I believe it is this Congress’s respon- of America are well aware that almost Mr. SKELTON. Mr. Speaker, further sibility to have oversight when we 30 nations have some form of weapons reserving the right to object, Mr. make determinations of war. Going of mass destruction, be it chemical, bi- Speaker, I yield to the gentleman from into Iraq would be an act of war. I ological or nuclear. think the American people deserve and Ohio (Mr. KUCINICH). They are also aware because of pub- are owed a full discussion and debate of lished reports that many of the nations b 1215 such a command by this Congress. that possess these weapons are not in Mr. KUCINICH. Mr. Speaker, I want Mr. Speaker, I thank the gentleman very good control of these weapons. So to thank the gentleman and the mem- for this fine legislation. I hope we can it is now just considered a matter of bers of the committee for their work narrow it or keep it focussed on the time until a terrorist group gets their on this bill and I wish them well in fight against terrorism which I stand hands on a chemical weapon, a biologi- conference. side by side with the leadership of this cal weapon or a nuclear weapon. I want to take what I think it is committee and this House in fighting Mr. Speaker, I think it is fair to say going to be particularly important for terrorism against America, but stand that as a nation, we are unprepared for July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5603 that eventuality. One of things this Mr. Speaker, I support the motion of and the gentleman from Connecticut committee has done very wisely in the gentleman in that it endorses a po- (Mr. MALONEY) will be elected posi- years past is to fund 30 years through sition taken by the Committee on tively by this Chamber and we thank the National Guard, 22-member teams Armed Services on this matter just a also the chairman, the gentleman from that would be in a position to train few short days ago. It is also consistent Arizona (Mr. STUMP) for his coopera- local first responders; and then with with the provision that passed this tion and support in this regard. the proper equipment and with the House earlier this May. Mr. STUMP. Mr. Speaker, I yield 5 proper training, be in a position to re- We had a good debate in considering minutes to the gentleman from Penn- spond to such an attack. the provision and it is clear that the sylvania (Mr. WELDON). Mr. Speaker, we have offered an proponent made a compelling case in (Mr. WELDON of Pennsylvania asked amendment in the committee with the the number of States that presently and was given permission to revise and help of our chairman that was adopted, face deficiencies in receiving proper extend his remarks.) I believe, by unanimous votes of the coverage from existing weapons of Mr. WELDON of Pennsylvania. Mr. committee to put one of these teams in mass destruction civil support teams. Speaker, I thank my colleague for every State, to come up with the nec- Whether that means that this precise yielding me time. essary funds, approximately $190 mil- formulation in this provision is the I rise and will not oppose this motion to instruct as I did not in the commit- lion, so that there is a weapons of mass right solution remains to be seen. But tees, but I rise to basically let our col- destruction civil support team in every it is clear that the conference must ad- leagues understand what is at play State. dress this issue and bring it back to the I see this very much like I see my here. House; a formulation that improves the Please do not feel assured because local fire department. I go out of my abilities of the State presently without Members vote for this motion to in- way to see to it that there will never such a team to receive such assistance struct. It is not going to do what you be a fire in my house, but the fact of in the event of a weapons of mass de- are being led to think it will do. Now, the matter is there well could be and it struction event. I say that because I would not be in could be right now. And since it could I appreciate my colleague bringing this body were it not for the first re- be, I want my local fire department to this important matter forward and sponders of this country. have the training and the equipment to look forward to working with them in I grew up in a fire service family, be- respond to that to minimize the dam- a conference to arrive at the best pos- came chief of my own department, ages and the loss of human life. I see a sible solution. went back and got a degree in fire pro- weapons of mass destruction team in Mr. Speaker, I reserve the balance of tection and ran training programs for every State as just like that. I pray to my time. fire companies. In my home town, God that it never happens, but I have Mr. TAYLOR of Mississippi. Mr. where I eventually became mayor and to presume it will happen. And when it Speaker, I yield myself such time as I was the fire chief, had two of the larg- does happen, I want every State in the may consume. est refineries on the east coast and also Union to have a core of competency Mr. Speaker, again I want to thank a had chemical plants and had the larg- within several hours of these people to great American, a great patriot, some- est fire in America in 1975. respond. one who served this country well in I have traveled across the country as Should it be a biological attack with World War II and still serves this coun- the founder and chairman of the Fire a crop duster over a football stadium, try well in the year 2002, the gentleman Caucus. I have been to the gentleman’s or a chemical attack in a subway of a from Arizona (Mr. STUMP) for his help State three times. I have been in all 50 huge city, or someone stealing the on this and for everything he has done. States on every disaster and spoken to mosquito control truck and driving Mr. Speaker, I yield such time as he all major national fire groups. There is down the streets in the middle of the may consume to the gentleman from no fire department in America that night. Missouri (Mr. SKELTON), the ranking gets its training from the National Each State has to have the avail- Democrat on the Committee on Armed Guard. National Guardsmen, by their ability to detect whether or not this Services, the father of two young peo- nature, are part-time soldiers. They actually occurred, detect what hap- ple in uniform serving their country. are there to respond when requested. pened, have the equipment so the first Mr. SKELTON. Mr. Speaker, I thank Do my colleagues know what the responders do not themselves die from the gentleman for yielding me time. time is for a RAID team to be called to exposure when they go to see what hap- Mr. Speaker, let me take this oppor- active duty in a disaster? Is it 10 min- pened; and then be in a position to in- tunity to complement the gentleman utes? Is it 1 hour? Twelve hours. You struct the local governors, instruct the from Mississippi (Mr. TAYLOR) on this will not have a RAID team on a scene local guard, instruct the local respond- effort and his colleague from Con- until twelve hours. ers what to do to minimize the damage necticut (Mr. MALONEY) who have Now, the Marine Corps Seabird team and the loss of human life. worked hard and were successful in of- which was specifically stood up by the Again, I want to thank our chairman fering the amendment that was adopt- Congress for chemical, biological and and we are all going to miss the gen- ed unanimously in the Committee on nuclear incidents, has a mandate to be tleman from Arizona (Mr. STUMP) a Armed Services. on the scene in four hours. We only great deal for his cooperation on this, I think this is very important. Al- have one of those, and they are spe- and it could not have passed without though Missouri has a civil support cially trained full-time people. Please his cooperation. I want to thank my team, and I am so very proud of the do not think that the National Guard colleagues, the gentleman from Con- Missouri National Guard and the work is going to be your first responder. It necticut (Mr. MALONEY), the gentleman they are doing, I think it is important will never be your first responder. from North Carolina (Mr. JONES), and that all States have the same type of Now, do we need to have the fire the gentleman from New Jersey (Mr. response and protection. The measure service trained by a group of National SAXTON) and all the people who con- that is represented in this motion by Guardsmen? No way. In the last 100 tributed to co-sponsoring this amend- the gentleman from Mississippi is one years every fire at an oil refinery, at a ment. It was a team effort to make it that was adopted. It was on a bipar- chemical plant, we do not call the Na- happen, and it will take a team effort tisan effort and it is particularly im- tional Guard in. The local fire and between our National Guard, our po- portant that we shift our national at- emergency responders are there. They licemen and our firemen, our gov- tention to the task of defending our understand what it takes to deal with ernors, our State police to see to it Nation against terrorism. weapons of mass destruction. I do not that at least we have an ability to re- This is an excellent motion and I know one soldier that has ever been in spond to that attack when it happens. thank the gentleman for allowing me a real life chemical incident. I do not Mr. Speaker, I reserve the balance of to be part of this today, to endorse the know of any. But I can tell you there my time. important motion to instruct, and with are hundreds of fire companies that re- Mr. STUMP. Mr. Speaker, I yield my- the hopes that the efforts of the gen- spond to chemical fires every day in self such time as I may consume. tleman from Mississippi (Mr. TAYLOR) this country. H5604 CONGRESSIONAL RECORD — HOUSE July 25, 2002 How do we expect the National Guard to understand, please do not think that colleagues imagine how long it will to train the fire fighters when they this amendment and this motion to in- take in Texas? Texas is a big, big have been doing this for 100 years? struct is going to solve the problem of State. Those of us who reside close to Mr. Speaker, I talk to all the fire homeland security. Go talk to the local a military base, we have peace of mind service groups. There are 32,000 depart- fire companies when we are done with that the people who reside around that ments in the country. They are Amer- this vote, go call them on the vote and military base, they know that they can ica’s first responder. When an incident say is it really a priority in southern respond when needed. occurs, whether it is a chemical, bio- Mississippi that they want a civil re- But if my colleagues take my State, logical or nuclear incident, the first re- sponse team, and they will say what in where we have four military bases, sponder on the scene will be a fire the heck is a civil response team. I can- south of Corpus Christi, Texas, we have truck, a paramedic, a local police car not even have a fire truck response be- 7 million people. We do not have a mili- or it will be some other type of emer- cause they do not have enough money; tary base. What we do have is a border gency response. It will not be a Na- we do not have enough volunteers. between the United States and Mexico tional Guard team. They need to have That is where their focus needs to be, where it is supposed to be the front the equipment and the preparation to and they are the kind of things we door to trade. We have thousands of ve- deal with that incident in the first should be doing to support them. hicles that cross the border. We have a hour. This amendment does not do Mr. TAYLOR of Mississippi. Mr. deep water sea port, people that go that. Speaker, I yield myself such time as I back and forth. However, we do not This amendment does not give them may consume. have a military base of active military equipment. There is no fire department Mr. Speaker, my colleague and duty people that can respond to an in America asking for a State RAID former firefighter from Pennsylvania emergency like this. team. None. Or a civil response team. makes an excellent point. There are Texas has one in the great city of None. There is no national fire organi- 32,000 fire departments in this Nation. Austin, Texas; but for my district way zation, not the IAFF, not the National Do my colleagues not think we ought down south, it is 950 miles to El Paso. Volunteer Council, not the NFPA, not to have at least one of them in every It is 850 miles to Amarillo. We just hap- the Arson Investigators, not the Fire State that has got the capability to re- pen to have a big State, and I am en- Instructors, the seven major groups, spond to a nuclear or biological or couraging that we provide another none of them are asking for this. chemical attack? I have no clear con- team in south Texas, and I think that science that we have even one in the this motion to instruct makes a lot of b 1230 State of Mississippi. sense. I think that this will give people I am not saying it does not serve a Again, it is sort of the difference be- in every State peace of mind that we purpose. Having a State National tween the Pennsylvanias of the world have people who are prepared and Guard civil response team can help. It and the Mississippis of the world. Over ready to respond to any type of emer- can provide resources, it can provide half the cities in Mississippi are 10,000 gency. access to Federal assets, but it is not people or less. They are by design low- Mr. STUMP. Mr. Speaker, I yield 8 going to be the end-all, cure-all; and if tax and, therefore, low-service. There minutes to the gentleman from Cali- we think that, then we are only lying is an incredible turnover, I am sorry to fornia (Mr. HUNTER). to ourselves, and more importantly, we say, because they do not pay as well as Mr. HUNTER. Mr. Speaker, I thank are frustrating the first responders they should. So we do need a core com- the gentleman for yielding the time, across the country. petency in every State. No one is going and I would like to yield to my good So I say to my colleagues when they to say that this makes the world safer colleague from Pennsylvania to make vote for this measure, which I will vote from a chem biological attack. another remark about this issue. for, understand that we are not solving I can tell my colleagues right now, if Mr. WELDON of Pennsylvania. Mr. the problem of local emergency re- a crop duster were to fly over a football Speaker, will the gentleman yield? sponders. What they are asking for is field at Old Miss or Mississippi State Mr. HUNTER. I yield to the gen- more equipment. They know how to and release a substance, I really do not tleman from Pennsylvania. deal with chemical plant fires. They go think there is anyone in the State of Mr. WELDON of Pennsylvania. Mr. in there every day. A National Guards- Mississippi right now who can run the Speaker, I thank my colleague for man who is a part-time person or even test to determine whether or not it was yielding to me. full-time does not fight chemical plant just diesel fuel, whether it was water, I just want to clarify the point that fires, does not know what it is like to or whether it was a chemical or bio- somehow we do not care about the go into an environment involving petro logical agent. There is no one that I small rural towns in America. I was chemical situations. Firefighters do. know of that can show up in the pro- the fire chief of a town of 5,000 people, Our focus in this country in the de- tective gear to take those tests that I then the mayor, all volunteer, no pay; bate on homeland security needs to be know I will not be endangering their and in the gentleman’s State of Mis- reinforced by the domestic defender of lives just to ask them to go take the sissippi, the bulk of his firefighters are this country, the first responder, and test. volunteer, not paid anything. Eighty- that is not the National Guard. It is These are core competencies that five percent of the 32,000 departments the 1 million men and women in 32,000 every State needs, not just the 30 in America are volunteer. organizations who every day respond to States that presently have them. The fact is they have been trained. our disasters. The National Guard can Mr. Chairman, I am honored again We trained 125 of the largest cities, and back them up and support them. That that so many people from both sides of we now have an active program to is an important role, and I supported the aisle have chosen to sign on to this train as many departments as possible. that role; but these teams are not and help us with it. One of those people In 1975, I had a chemical-carrying going to be able to instantly respond to is helping even though his State al- tanker make a U-turn at the Delaware a terrorist incident. Twelve hours min- ready has a weapons of mass destruc- River and ram an oil tanker at the imum for them to get activated. tion civil support team; that has been dock in my town of 5,000 people. It The first responder is the group that a big help on this. It is the gentleman burned out of control for 3 days and our focus should be on when we get to from Texas (Mr. ORTIZ). killed 29 people. It was the largest fire conference, just like this Congress allo- Mr. Speaker, I yield such time as he in America that year. The entire inci- cated $100 million and then $400 million may consume to the gentleman from dent was handled with volunteers. It for the first responder; that is where Texas (Mr. ORTIZ). was not handled by the National the focus should be. Mr. ORTIZ. Mr. Speaker, I thank my Guard. That was a chemical incident. So I say to my colleagues I will sup- good friend for yielding me the time. My colleague might call it not a port this resolution. I applaud my col- The gentleman from Pennsylvania weapon of mass destruction. Well, league for his leadership. He is a great (Mr. WELDON) made a great point when when we have a chemical-carrying American and a great member of the he said that the response team would tanker filled with vinyl acetate and committee; but I want my colleagues take about 12 hours to respond. Can my polymers and it explodes with an oil July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5605 tanker, that is a chemical incident. It cause we are going to need some new jority of the States that were left out may not be a terrorist incident, but we intelligence assets, as this is going to are rural States, low-tax States, where handled it. be a fairly large burden now for us to we do not have the money to equip The point that I am trying to make carry, but we have to have it because 32,000 teams or at least trying to get is we should not be looking to the mili- we are now entering the phase in this one in each of these States; but I would tary to do what has been done every war against terror where the people also point out that some of those day by our fire service. They are the who wanted to come to the war, basi- States are very large States, including first responders. Give them the equip- cally come to the sound of the Amer- Connecticut, which has almost 6 mil- ment. So that in Texas, where my good ican guns and meet us on the battle- lion people, and the gentleman from friend, the gentleman from Texas (Mr. field, are no longer with us; and the Connecticut (Mr. MALONEY) will be ORTIZ), is, we do not just have one people who remain now and the al speaking to that in a minute. team, we have teams all over the State Qaeda and the other organizations that Mr. Speaker, I yield 11⁄2 minutes to who are properly prepared and support them now have to basically be the gentleman from Michigan (Mr. equipped. hunted down. BONIOR) to speak out of order. Every department needs to have a ca- That is very difficult. It requires a (Mr. BONIOR asked and was given pability. That is what they are asking large and effective intelligence capa- permission to speak out of order.) for. They are asking for the tools and bility, and this is why we are having to MICHIGAN OFFICE VANDALIZED the resources in all 32,000 departments. build a significant amount of the budg- Mr. BONIOR. Mr. Speaker, last night That is what we should be advocating, et into that area. my office in Michigan was vandalized not some artificial response, one in a We also have operational require- under the cover of darkness with des- State that can come in 12 hours later. ments. We have got all the spare parts, picable words of hatred. My family and We need to have this capability in and if my colleagues were over there I and my staff are saddened and an- every department, and this is why the recently, and I had the good fortune to gered by this deplorable act, but we program that we have established for be there with a CODEL a week or so will not let it defeat us or deter us grants with bipartisan support is the ago, and if my colleagues were over from fighting for what we believe in. right way to go. there watching the operators in the Hate crimes are cowardly acts that Mr. HUNTER. Mr. Speaker, reclaim- theater with C–17s, the C–130s, all of cannot and will not be tolerated under ing my time, I thank my colleague for the carrier aircraft and the supporting any circumstances. They hurt us not his remarks; and, Mr. Speaker, I would aircraft, we have got a lot of steel we just as individuals but as a community. just like to talk briefly about the bills have to keep in the air and spare parts People in every city, county, village in that we are sending to conference here is critical, and a lot of this money goes Michigan deplore these acts in the because I think there has been a little to the spare parts sector in the first strongest possible way. confusion because of the time deadlines couple of months of the next fiscal We must confront acts of hatred and and the exigency and having to move year. refuse to let them intimidate us. We these bills, particularly this second So I think we have got a good pack- have to reach out to each other when piece of the defense bill, which is kind age, and I hope everybody would vote these attacks occur and not let hate of unprecedented, this second $10 bil- to move this to conference quickly. crimes fuel more hatred in ourselves. lion segment and adding that to the I just wanted to finish up by saying $383 billion base bill. that our folks, staff folks and our lead- b 1245 I just want to say at this time, this ership, the gentleman from Arizona My family and I are, and always have has been an exercise in which we have (Mr. STUMP) and the gentleman from been, committed to ending these acts had to move expeditiously; but the gen- Missouri (Mr. SKELTON), have really of violence. Whether there is an attack tleman from Arizona (Mr. STUMP), our put, as well as all the members of the on Jewish Americans, Arab Americans, chairman, and the gentleman from committee have, put a lot of hard work African Americans, Hispanic Ameri- Missouri (Mr. SKELTON), our ranking in trying to get these disjointed pieces cans, Sikhs, or Muslims, the message member, have really worked together that now are kind of mismatched with must be very clear, an attack upon one and brought out the best in terms of the Senate’s pieces of the defense bill is an attack upon all. Hatred has no our bipartisan concern and our bipar- into play and into conference; and it is place, no place, in our country. tisan caring about how we shape the going to be a difficult process to make Mr. TAYLOR of Mississippi. Mr. U.S. military. this thing work. I think we are going Speaker, how much time do I have re- We have got some major challenges to be able to get it because we have got maining? right now. We have to try to mod- a lot of great people working it. The SPEAKER pro tempore (Mr. ernize, and we are way behind the mod- I thank the gentleman from Arizona BASS). The gentleman from Mississippi ernization curve. We are probably $30 (Mr. STUMP) for his work and the gen- (Mr. TAYLOR) has 171⁄2 minutes remain- billion per year short in terms of re- tleman from Missouri (Mr. SKELTON) ing, and the gentleman from Arizona placing all the tanks, trucks, ships, for his, and I hope the House moves ex- (Mr. STUMP) has 18 minutes remaining. and planes that have to be replaced so peditiously to take us to conference. Mr. TAYLOR of Mississippi. Mr. our guys are driving equipment that is Mr. TAYLOR of Mississippi. Mr. Speaker, I yield myself such time as I halfway modern. Speaker, I yield myself such time as I may consume. At the same time, we have got to may consume. A lot of people are making this hap- keep the wheels turning in this war There is something I do think needs pen, and again this could not happen against terror, and we have a major op- to be addressed, and the folks who without the great cooperation of the eration going in Afghanistan that is work with me have been good enough gentleman from Arizona, so I want to costing us a couple of billion dollars a to point this out, and I think the pub- thank him again. month. Beyond that, we have got our lic needs to know this. The original The gentleman from North Carolina air operations in the Iraq theater and time of 12 hours that my friend from (Mr. JONES) and the 8 million people in in other parts of the world that are Pennsylvania makes reference to was that State will benefit from this. The taking a lot of operational dollars. when there were only 10 of these teams gentleman from New Jersey (Mr. In this last piece, this $10 billion to cover the entire continental United SAXTON) and the 8 million people from piece that we moved that is going into States. We are now in the process of New Jersey will benefit from this. And, conference today, we have got a lot of going to 30 teams which shortens the Mr. Speaker, I want to correct myself. things that we have to have for the distance from the responders to those The gentleman from Connecticut (Mr. next couple of months in this next fis- that need to be helped. MALONEY) and the 31⁄2 million people cal year. We have got things like mili- What this will do is get us up to 54 from Connecticut will benefit from tary pays, combat-related pays going teams, which the goal is to have a this. to the war fighters and to their fami- team within 4 hours; and again, with- Mr. Speaker, I yield such time as he lies. That is an important piece of this. out getting into a spitting contest, the may consume to the gentleman from We also have intelligence money be- fact of the matter is that the vast ma- Connecticut (Mr. MALONEY). H5606 CONGRESSIONAL RECORD — HOUSE July 25, 2002 Mr. MALONEY of Connecticut. Mr. going to be there first, the EMS is Boston at the same time there was an Speaker, I thank the gentleman from going to be there first, but the civil attack in New York. Where would Con- Mississippi for yielding me this time, support team is going to be there with- necticut have been? New York’s team and I rise in support of this motion. in, we hope, 4 hours, as the goal, not had already deployed. The first comment I want to make is the 12 but 4 hours, and will be pro- We supposedly have backup by a that it is absolutely correct that what viding that analytical capability and team outside of Boston. What if Boston we are doing here today will not solve will be providing that communications had been attacked? And, indeed, the all the problems. It will not solve all capability. In the case of New York, Boston team cannot get effectively to the problems in regard to emergency they did exactly that, assisting with Connecticut in the 4 hours. Stamford, response and it will not solve all the coordination of communications with Connecticut, is a long way from the problems in regard to the war on ter- the first responders, the incident com- Greater Boston area. Waterbury or rorism. It is not intended to. What it is mander, and the Department of De- Danbury, Connecticut, is a long time intended to do is to solve a part of the fense. from the Greater Boston area. So we problem. As we are all too well aware, the war need to make sure that Connecticut in We are doing many, many other on terrorism is not being just waged in fact has its own team, as should every things, both in terms of the Defense Afghanistan but also here at home. other State and territory that has the Department, the individual services, Since September 11, the civil support potential for these kinds of attacks. the reorganization of our national gov- teams that exist already have re- And I do not stand here alone in mak- ernment in regard to homeland de- sponded to more than 200 requests for ing that argument. The Secretary of fense, making resources available to support from civil authorities for ac- the Army in the February issue of the local fire departments, and making re- tual or potential weapons of mass de- National Guard Association magazine sources available to local police de- struction incidents, including the an- said, ‘‘Yes, I do. I think the weapons of partments. We are doing many, many thrax attacks. Support teams have also mass destruction civil support teams things. The goal here today is to do one supported national events, including are a tremendous initiative. Right now other very, very important thing, the 2001 World Series, the 2002 Super the Congress has funded 32. And I which is to make sure that each State Bowl, and the 2002 Winter Olympics. would be surprised if we did not end up in this country has a civil support The anthrax attacks and the more re- with at least one in each State and ter- team in regard to weapons of mass de- cent threat of a radiological dirty ritory. So I would see us going beyond struction. bomb clearly highlight the increased the 32 teams in the future, and I think This year’s defense bill supports leg- need for National Guard we will have a lot of congressional sup- islation which I introduced, H.R. 3154, counterterrorism capabilities to be sta- port for that because it is a tremen- that currently has nearly 50 cospon- tioned across our country. It is impor- dous capability,’’ said the Secretary of sors. That legislation requires the Sec- tant, as the gentleman from Mis- the Army. retary of Defense to establish at least sissippi has said, that each State have The September 2001 GAO report enti- one weapons of mass destruction civil its own team, not just in time of crisis tled Combating Terrorism makes a support team in each State and terri- but also during training. It is in that similar point which is this is not the tory. The defense authorization bill training with the local first responders only thing we should be doing, but this that we did earlier this year includes that the National Guard teams develop is one of the things we should be doing. sense of Congress language which es- the effective coordination they need in ‘‘The Department of Defense plans, and tablishes that as national policy for emergency situations. officials suggested, that there eventu- our country, one weapons of mass de- It has been said here earlier today ally should be a team in each State, struction civil support team in each that that training has not previously territory, and the District of Columbia, State and in each territory. existed. That is correct, and that is the for a total of 54 teams.’’ The bill before us today provides the point. We need to make sure that that Let us do everything we can to se- funding that is necessary to make that training is available, that that training cure our country. Let us make sure a reality for each of our States and occurs, that that coordination between that our first responders locally have each of our territories. Each CST is a the local first responders and the State the resources they need. Let us make federally funded asset under State con- first responders is done in line with the sure that our armed services have trol. To date, Congress has authorized National Guard, the civil support every resource they need. Let us make 32 teams. I believe that each State and teams, which gives us access to the na- sure that our men and women in the territory should have a team capable of tional assets. armed services have the pay that they responding to the threat of a weapon of Some argue that the issue is simply a need, as we have done over the past mass destruction in their State as a matter of geographic coverage. The several years under the leadership of matter of priority, as a matter of our New York team, for example, is located the gentleman from Missouri (Mr. doing one of the many things we are just outside of Albany. That is 2, 3, SKELTON), ranking member, and the doing to improve the security of this maybe 4 hours from most places in the gentleman from Arizona (Mr. STUMP), country. State of Connecticut. Maybe that chairman, and other members of the In the terrorist attack on the World should suffice. The reason it does not committee. We have made great Trade Center, New York, which has a suffice is for two reasons: progress. Let us do all these good team, their highly trained civil support One, it does not provide that inte- things. But as we do all these good team swung into action as part of the grated training with the local and things, let us make sure we do some- first response to the attack. The spe- State officials. The National Guard thing else that is very important, cial unit of 22 full-time National Guard civil support team in New York, guess which is make sure that each of our members, they are National Guard what, they train with the State of New States and territories has a civil sup- members but they are full-time on call York emergency responders, not the port team to train and be prepared and within 4 hours, have two major pieces State of Connecticut emergency re- be ready and be available should the of equipment, a mobile analytical lab, sponders. We need to make sure that emergency arise. and a mobile communications facility. our State and every other State has Mr. TAYLOR of Mississippi. Mr. The first allowed the team to identify that integrated training that exists. Speaker, I yield myself such time as I any chemical or biological agents at Secondly, in terms of response time, may consume. the World Trade Center. Fortunately, what happens when, as in the case of In closing, I do want to thank all the that was not the case. The second al- New York, that team was called upon? members of the Committee on Armed lowed the team to coordinate commu- Then where is Connecticut? We were Services. Again, this passed our com- nication among the first responders. lucky that there were only three at- mittee unanimously. I want to particu- My colleagues, the gentleman from tacks. There was New York, Wash- larly commend the gentleman from Pennsylvania (Mr. WELDON) is correct ington, and the air over Pennsylvania, North Carolina (Mr. JONES); the gen- that the fire department is going to be but there could have been five attacks. tleman from New Jersey (Mr. SAXTON); there first, the police department is There could have been an attack in the gentleman from Arizona (Mr. July 25, 2002 CONGRESSIONAL RECORD — HOUSE H5607 STUMP), our good chairman; the gen- Coyne Horn Nadler Sununu Tierney Watts (OK) Cramer Hostettler Napolitano Sweeney Toomey Waxman tleman from Connecticut (Mr. Crane Houghton Neal Tancredo Towns Weiner MALONEY); and the gentleman from Crenshaw Hoyer Nethercutt Tanner Turner Weldon (FL) Missouri (Mr. SKELTON), our ranking Crowley Hulshof Ney Tauscher Udall (CO) Weldon (PA) member, for helping to line up those Cubin Hunter Northup Tauzin Udall (NM) Weller Culberson Hyde Norwood Taylor (MS) Upton Whitfield people to cooperate on this. Cummings Inslee Nussle Taylor (NC) Velazquez Wicker Mr. Speaker, it is a sad fact, but a Cunningham Isakson Oberstar Terry Visclosky Wilson (NM) fact, that in the past year a biological Davis (CA) Israel Obey Thomas Vitter Wilson (SC) attack on the United States has gone Davis (IL) Issa Olver Thompson (CA) Walden Wolf Davis, Jo Ann Istook Osborne Thompson (MS) Walsh Woolsey from ‘‘what if’’ to ‘‘what is next.’’ The Davis, Tom Jackson (IL) Otter Thornberry Wamp Wu person who perpetrated the anthrax at- Deal Jackson-Lee Owens Thune Waters Wynn tacks that have killed about five peo- DeFazio (TX) Oxley Thurman Watkins (OK) Young (FL) DeGette Jefferson Pallone Tiahrt Watson (CA) ple in our country has not been appre- Delahunt Jenkins Pascrell Tiberi Watt (NC) hended. The question is, was that a DeLauro Johnson (CT) Pastor NAYS—2 one-time event or was it a practice run DeLay Johnson (IL) Paul for something bigger? I hope it was a DeMint Johnson, E. B. Payne Coble Royce Deutsch Johnson, Sam Pelosi NOT VOTING—12 one-time event, but in the event that Diaz-Balart Jones (NC) Pence that person or those persons who did Dicks Jones (OH) Peterson (MN) Andrews Knollenberg Quinn that were planning something bigger, I Dingell Kanjorski Peterson (PA) Davis (FL) Meehan Stearns John Ortiz Wexler think it is imperative that we have Doggett Kaptur Petri Dooley Keller Phelps Kennedy (MN) Ose Young (AK) some group in each State that is pre- Doolittle Kelly Pickering b 1316 pared to respond to that attack. I Doyle Kennedy (RI) Pitts would ask my colleagues to support Dreier Kerns Platts Mr. ROYCE changed his vote from this unanimously. Duncan Kildee Pombo ‘‘yea’’ to ‘‘nay.’’ Dunn Kilpatrick Pomeroy Mr. Speaker, I yield back the balance So the motion was agreed to. Edwards Kind (WI) Portman The result of the vote was announced of my time. Ehlers King (NY) Price (NC) as above recorded. Mr. STUMP. Mr. Speaker, I yield my- Ehrlich Kingston Pryce (OH) Emerson Kirk Putnam A motion to reconsider was laid on self such time as I may consume. I take Engel Kleczka Radanovich the table. this opportunity to thank the gen- English Kolbe Rahall Stated for: tleman from Missouri (Mr. SKELTON) Eshoo Kucinich Ramstad Mr. OSE. Mr. Speaker, on rollcall vote No. for all the hard work that he has put Etheridge LaFalce Rangel Evans LaHood Regula 349, I was unavoidably detained. Had I been into this project, and also the gen- Everett Lampson Rehberg present, I would have voted ‘‘yea.’’ tleman from Mississippi (Mr. TAYLOR). Farr Langevin Reyes Mr. JOHN. Mr. Speaker, on rollcall vote No. Mr. STUMP. Mr. Speaker, I have no Fattah Lantos Reynolds Ferguson Larsen (WA) Riley 349 I was unavoidably detained. Had I been further requests for time, and I yield Filner Larson (CT) Rivers present, I would have voted ‘‘yea.’’ back balance of my time. Flake Latham Rodriguez The SPEAKER pro tempore (Mr. The SPEAKER pro tempore (Mr. Fletcher LaTourette Roemer LAHOOD). Without objection, the Chair BASS). Without objection, the previous Foley Leach Rogers (KY) appoints the following conferees: Forbes Lee Rogers (MI) question is ordered on the motion to Ford Levin Rohrabacher From the Committee on Armed Serv- instruct. Fossella Lewis (CA) Ros-Lehtinen ices, for consideration of the House There was no objection. Frank Lewis (GA) Ross amendment and the Senate amend- Frelinghuysen Lewis (KY) Rothman ment, and modifications committed to The SPEAKER pro tempore. The Frost Linder Roukema question is on the motion to instruct Gallegly Lipinski Roybal-Allard conference: Messrs. STUMP, HUNTER, offered by the gentleman from Mis- Ganske LoBiondo Rush HANSEN, WELDON of Pennsylvania, Gekas Lofgren Ryan (WI) sissippi (Mr. TAYLOR). HEFLEY, SAXTON, MCHUGH, EVERETT, Gephardt Lowey Ryun (KS) BARTLETT of Maryland, MCKEON, The question was taken; and the Gibbons Lucas (KY) Sabo Speaker pro tempore announced that Gilchrest Lucas (OK) Sanchez WATTS of Oklahoma, THORNBERRY, the ayes appeared to have it. Gillmor Luther Sanders HOSTETTLER, CHAMBLISS, JONES of Gilman Lynch Sandlin North Carolina, HILLEARY, GRAHAM, Mr. TAYLOR of Mississippi. Mr. Gonzalez Maloney (CT) Sawyer SKELTON, SPRATT, ORTIZ, EVANS, TAY- Speaker, on that I demand the yeas Goode Maloney (NY) Saxton LOR of Mississippi, ABERCROMBIE, MEE- and nays. Goodlatte Manzullo Schaffer Gordon Markey Schakowsky HAN, UNDERWOOD, ALLEN, SNYDER, The yeas and nays were ordered. Goss Mascara Schiff REYES, TURNER, and Mrs. TAUSCHER. The vote was taken by electronic de- Graham Matheson Schrock From the Permanent Select Com- vice, and there were—yeas 419, nays 2, Granger Matsui Scott Graves McCarthy (MO) Sensenbrenner mittee on Intelligence, for consider- not voting 12, as follows: Green (TX) McCarthy (NY) Serrano ation of matters within the jurisdic- [Roll No. 349] Green (WI) McCollum Sessions tion of that committee under clause 11 Greenwood McCrery Shadegg YEAS—419 Grucci McDermott Shaw of rule X: Mr. GOSS, Mr. BEREUTER, and Abercrombie Biggert Callahan Gutierrez McGovern Shays Ms. PELOSI. Ackerman Bilirakis Calvert Gutknecht McHugh Sherman From the Committee on Education Aderholt Bishop Camp Hall (OH) McInnis Sherwood and the Workforce, for consideration of Akin Blagojevich Cannon Hall (TX) McIntyre Shimkus Allen Blumenauer Cantor Hansen McKeon Shows sections 341–343, and 366 of the House Armey Blunt Capito Harman McKinney Shuster amendment, and sections 331–333, 542, Baca Boehlert Capps Hart McNulty Simmons 656, 1064, and 1107 of the Senate amend- Bachus Boehner Capuano Hastings (FL) Meek (FL) Simpson ment, and modifications committed to Baird Bonilla Cardin Hastings (WA) Meeks (NY) Skeen Baker Bonior Carson (IN) Hayes Menendez Skelton conference: Messrs. ISAKSON, WILSON of Baldacci Bono Carson (OK) Hayworth Mica Slaughter South Carolina, and GEORGE MILLER of Baldwin Boozman Castle Hefley Millender- Smith (MI) California. Ballenger Borski Chabot Herger McDonald Smith (NJ) Barcia Boswell Chambliss Hill Miller, Dan Smith (TX) From the Committee on Energy and Barr Boucher Clay Hilleary Miller, Gary Smith (WA) Commerce, for consideration of sec- Barrett Boyd Clayton Hilliard Miller, George Snyder tions 601 and 3201 of the House amend- Bartlett Brady (PA) Clement Hinchey Miller, Jeff Solis ment, and sections 311, 312, 601, 3135, Barton Brady (TX) Clyburn Hinojosa Mink Souder Bass Brown (FL) Collins Hobson Mollohan Spratt 3155, 3171–3173, and 3201 of the House Becerra Brown (OH) Combest Hoeffel Moore Stark amendment, and modifications com- Bentsen Brown (SC) Condit Hoekstra Moran (KS) Stenholm mitted to conference: Messrs. TAUZIN, Bereuter Bryant Conyers Holden Moran (VA) Strickland ARTON INGELL Berkley Burr Cooksey Holt Morella Stump B of Texas, and D . Berman Burton Costello Honda Murtha Stupak From the Committee on Government Berry Buyer Cox Hooley Myrick Sullivan Reform, for consideration of sections H5608 CONGRESSIONAL RECORD — HOUSE July 25, 2002 323, 804, 805, 1003, 1004, 1101–1106, 2811, the gentleman from Arizona (Mr. Lynch Petri Smith (NJ) Maloney (CT) Phelps Smith (TX) and 2813 of the House amendment, and STUMP). Maloney (NY) Pickering Smith (WA) sections 241, 654, 817, 907, 1007–1009, 1061, Pursuant to clause 12 of rule XXII, Manzullo Pitts Snyder 1101–1106, 2811, and 3173 of the Senate the vote must be taken by the yeas and Markey Platts Solis amendment, and modifications com- nays. Mascara Pombo Souder Matheson Pomeroy Spratt mitted to conference: Messrs. BURTON Pursuant to clause 8 of rule XX, the Matsui Portman Stark of Indiana, WELDON of Florida, and Chair announces that this vote will be McCarthy (MO) Price (NC) Stenholm WAXMAN. followed by a 5-minute vote on a mo- McCarthy (NY) Pryce (OH) Strickland From the Committee on Inter- McCollum Putnam Stump tion to suspend the rules on H.R. 4946 McCrery Radanovich Stupak national Relations, for consideration of on which further proceedings were McDermott Rahall Sullivan sections 1201, 1202, 1204, title XIII, and postponed. McGovern Ramstad Sununu section 3142 of the House amendment, McHugh Rangel Sweeney The vote was taken by electronic de- McInnis Regula Tancredo and subtitle A of title XII, sections vice, and there were—yeas 420, nays 3, McIntyre Rehberg Tanner 1212–1216, 3136, 3151, and 3156–3161 of the not voting 10, as follows: McKeon Reyes Tauscher Senate amendment, and modifications McNulty Reynolds Tauzin [Roll No. 350] committed to conference: Messrs. Meek (FL) Riley Taylor (MS) AYES—420 Meeks (NY) Rivers Taylor (NC) HYDE, GILMAN, and LANTOS. Menendez Rodriguez Terry From the Committee on the Judici- Abercrombie Crowley Hayes Mica Roemer Thomas ary, for consideration of sections 811 Ackerman Cubin Hayworth Millender- Rogers (KY) Thompson (CA) Aderholt Culberson Hefley McDonald Rogers (MI) Thompson (MS) and 1033 of the House amendment, and Akin Cummings Hill Miller, Dan Rohrabacher Thornberry sections 1067 and 1070 of the Senate Allen Cunningham Hilleary Miller, Gary Ros-Lehtinen Thune amendment, and modifications com- Armey Davis (CA) Hilliard Miller, George Ross Thurman Baca Davis (FL) Hinchey mitted to conference: Messrs. SENSEN- Miller, Jeff Rothman Tiahrt Bachus Davis (IL) Hinojosa Mink Roukema Tiberi BRENNER, SMITH of Texas, and CONYERS. Baird Davis, Jo Ann Hobson Mollohan Roybal-Allard Tierney From the Committee on Resources, Baker Davis, Tom Hoeffel Moore Royce Toomey for consideration of sections 311, 312, Baldacci Deal Hoekstra Moran (KS) Rush Towns Baldwin DeGette Holden Moran (VA) Ryan (WI) Turner 601, title XIV, sections 2821, 2832, 2841, Ballenger Delahunt Holt Morella Ryun (KS) Udall (CO) and 2863 of the House amendment, and Barcia DeLauro Honda Murtha Sabo Udall (NM) sections 601, 2821, 2823, 2828, and 2841 of Barr DeLay Hooley Myrick Sanchez Upton Barrett DeMint Horn the Senate amendment, and modifica- Nadler Sanders Velazquez Bartlett Deutsch Hostettler Napolitano Sandlin Visclosky tions committed to conference: Messrs. Barton Diaz-Balart Houghton Neal Sawyer Vitter DUNCAN, GIBBONS, and RAHALL. Bass Dicks Hoyer Nethercutt Saxton Walden From the Committee on Science, for Becerra Dingell Hulshof Ney Schaffer Walsh Bentsen Doggett Hunter consideration of sections 244, 246, 1216, Northup Schakowsky Wamp Bereuter Dooley Hyde Norwood Schiff Waters 3155, and 3163 of the Senate amend- Berkley Doolittle Inslee Nussle Schrock Watkins (OK) ment, and modifications committed to Berman Doyle Isakson Oberstar Scott Watson (CA) Berry Dreier Israel conference: Messrs. BOEHLERT, SMITH of Obey Sensenbrenner Watt (NC) Biggert Duncan Issa Olver Serrano Watts (OK) Michigan, and HALL of Texas. Bilirakis Dunn Istook Ortiz Sessions Waxman From the Committee on Transpor- Bishop Edwards Jackson (IL) Osborne Shadegg Weiner tation and Infrastructure, for consider- Blagojevich Ehlers Jackson-Lee Ose Shaw Weldon (FL) Blunt Ehrlich (TX) ation of section 601 of the House Otter Shays Weldon (PA) Boehner Emerson Jefferson Owens Sherman Weller amendment, and sections 601 and 1063 Bonilla Engel Jenkins Oxley Sherwood Whitfield of the Senate amendment, and modi- Bonior English John Pallone Shimkus Wicker fications committed to conference: Mr. Bono Eshoo Johnson (CT) Pascrell Shows Wilson (NM) Boozman Etheridge Johnson (IL) Pastor Shuster Wilson (SC) YOUNG of Alaska, Mr. LOBIONDO, and Borski Evans Johnson, E. B. Paul Simmons Wolf Ms. BROWN of Florida. Boswell Everett Johnson, Sam Payne Simpson Woolsey From the Committee on Veterans’ Boucher Farr Jones (NC) Pelosi Skeen Wu Boyd Fattah Jones (OH) Affairs, for consideration of sections Pence Skelton Wynn Brady (PA) Ferguson Kanjorski Peterson (MN) Slaughter Young (FL) 641, 651, 721, 723, 724, 726, 727, and 728 of Brady (TX) Filner Kaptur Peterson (PA) Smith (MI) the House amendment, and sections 541 Brown (FL) Flake Keller NOES—3 and 641 of the Senate amendment, and Brown (OH) Fletcher Kelly Brown (SC) Foley Kennedy (MN) Blumenauer DeFazio McKinney modifications committed to con- Bryant Forbes Kennedy (RI) ference: Messrs. SMITH of New Jersey, Burr Ford Kerns NOT VOTING—10 Burton Fossella Kildee BILIRAKIS, JEFF MILLER of Florida, FIL- Andrews Knollenberg Wexler Buyer Frank Kilpatrick Boehlert Meehan Young (AK) NER, and Ms. CARSON of Indiana. Callahan Frelinghuysen Kind (WI) Hansen Quinn There was no objection. Calvert Frost King (NY) Herger Stearns f Camp Gallegly Kingston Cannon Ganske Kirk b 1339 MOTION TO CLOSE CONFERENCE Cantor Gekas Kleczka So the motion was agreed to. COMMITTEE MEETINGS ON H.R. Capito Gephardt Kolbe Capps Gibbons Kucinich The result of the vote was announced 4546, BOB STUMP NATIONAL DE- Capuano Gilchrest LaFalce as above recorded. FENSE AUTHORIZATION ACT FOR Cardin Gillmor LaHood A motion to reconsider was laid on FISCAL YEAR 2003, WHEN CLASSI- Carson (IN) Gilman Lampson Carson (OK) Gonzalez Langevin the table. FIED NATIONAL SECURITY IN- Castle Goode Lantos f FORMATION IS UNDER CONSID- Chabot Goodlatte Larsen (WA) ERATION Chambliss Gordon Larson (CT) IMPROVING ACCESS TO LONG- Clay Goss Latham TERM CARE ACT OF 2002 Mr. STUMP. Mr. Speaker, pursuant Clayton Graham LaTourette to clause 12 of rule XXII, I move that Clement Granger Leach The SPEAKER pro tempore (Mr. meetings of the conference between the Clyburn Graves Lee LAHOOD). The unfinished business is Coble Green (TX) Levin House and the Senate on H.R. 4546 may Collins Green (WI) Lewis (CA) the question of suspending the rules be closed to the public at such times as Combest Greenwood Lewis (GA) and passing the bill, H.R. 4946, as classified national security informa- Condit Grucci Lewis (KY) amended. Conyers Gutierrez Linder tion may be broached, providing that Cooksey Gutknecht Lipinski The Clerk read the title of the bill. any sitting Member of Congress shall Costello Hall (OH) LoBiondo The SPEAKER pro tempore. The be entitled to attend any meeting of Cox Hall (TX) Lofgren question is on the motion offered by the conference. Coyne Harman Lowey the gentleman from Arizona (Mr. Cramer Hart Lucas (KY) The SPEAKER pro tempore. The Crane Hastings (FL) Lucas (OK) HAYWORTH) that the House suspend the question is on the motion offered by Crenshaw Hastings (WA) Luther rules and pass the bill, H.R. 4946, as