S.Amdt. 779Senate108th Congress (2003-2005)
To provide a substitute for section 1035, relating to the protection of the operational files of the National Security Agency.
Sponsored by 
Sen. Wayne Allard (R-CO)
Sen. Wayne Allard (R-CO)Submitted May 21, 2003
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 757. Ms. COLLINS (for herself, Mr. Talent, Mrs. Hutchison, Ms.
Snowe, and Mr. Levin) proposed an amendment to the bill S. 1050, to
authorize appropriations for fiscal year 2004 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
On page 222, between the matter following line 12 and line
13, insert the following:
SEC. 866. CONSOLIDATION OF CONTRACT REQUIREMENTS.
(a) Amendment to Title 10.--(1) Chapter 141 of title 10,
United States Code, is amended by inserting after section
2381 the following new section:
``Sec. 2382. Consolidation of contract requirements: policy
and restrictions
``(a) Policy.--The Secretary of Defense shall require the
Secretary of each military department, the head of each
Defense Agency, and the head of each Department of Defense
Field Activity to ensure that the decisions made by that
official regarding consolidation of contract requirements of
the department, agency, or field activity, as the case may
be, are made with a view to providing small business concerns
with appropriate opportunities to participate in Department
of Defense procurements as prime contractors and appropriate
opportunities to participate in such procurements as
subcontractors.
``(b) Limitation on Use of Acquisition Strategies Involving
Consolidation.--(1) An official of a military department,
Defense Agency, or Department of Defense Field Activity may
not execute an acquisition strategy that includes a
consolidation of contract requirements of the military
department, agency, or activity with a total value in excess
of $5,000,000, unless the senior procurement executive
concerned first--
``(A) conducts market research;
``(B) identifies any alternative contracting approaches
that would involve a lesser degree of consolidation of
contract requirements; and
``(C) determines that the consolidation is necessary and
justified.
``(2) A senior procurement executive may determine that an
acquisition strategy involving a consolidation of contract
requirements is necessary and justified for the purposes of
paragraph (1) if the benefits of the acquisition strategy
substantially exceed the benefits of each of the possible
alternative contracting approaches identified under
subparagraph (B) of that paragraph. However, savings in
administrative or personnel costs alone do not constitute,
for such purposes, a sufficient justification for a
consolidation of contract requirements in a procurement
unless the total amount of the cost savings is expected to be
substantial in relation to the total cost of the procurement.
``(3) Benefits considered for the purposes of paragraphs
(1) and (2) may include cost and, regardless of whether
quantifiable in dollar amounts--
``(A) quality;
``(B) acquisition cycle;
``(C) terms and conditions; and
``(D) any other benefit.
``(c) Definitions.--In this section:
[[Page S6872]]
``(1) The terms `consolidation of contract requirements'
and `consolidation', with respect to contract requirements of
a military department, Defense Agency, or Department of
Defense Field Activity, mean a use of a solicitation to
obtain offers for a single contract or a multiple award
contract to satisfy two or more requirements of that
department, agency, or activity for goods or services that
have previously been provided to, or performed for, that
department, agency, or activity under two or more separate
contracts smaller in cost than the total cost of the contract
for which the offers are solicited.
``(2) The term ``multiple award contract'' means--
``(A) a contract that is entered into by the Administrator
of General Services under the multiple award schedule program
referred to in section 2302(2)(C) of this title;
``(B) a multiple award task order contract or delivery
order contract that is entered into under the authority of
sections 2304a through 2304d of this title or sections 303H
through 303K of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h through 253k); and
``(C) any other indeterminate delivery, indeterminate
quantity contract that is entered into by the head of a
Federal agency with two or more sources pursuant to the same
solicitation.
``(3) The term `senior procurement executive concerned'
means--
``(A) with respect to a military department, the official
designated under section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3)) as the senior
procurement executive for the military department; or
``(B) with respect to a Defense Agency or a Department of
Defense Field Activity, the official so designated for the
Department of Defense.
``(4) The term `small business concern' means a business
concern that is determined by the Administrator of the Small
Business Administration to be a small-business concern by
application of the standards prescribed under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2381 the following new item:
``2382. Consolidation of contract requirements: policy and
restrictions.''.
(b) Data Review.--(1) The Secretary of Defense shall revise
the data collection systems of the Department of Defense to
ensure that such systems are capable of identifying each
procurement that involves a consolidation of contract
requirements within the department with a total value in
excess of $5,000,000.
(2) The Secretary shall ensure that appropriate officials
of the Department of Defense periodically review the
information collected pursuant to paragraph (1) in
cooperation with the Small Business Administration--
(A) to determine the extent of the consolidation of
contract requirements in the Department of Defense; and
(B) to assess the impact of the consolidation of contract
requirements on the availability of opportunities for small
business concerns to participate in Department of Defense
procurements, both as prime contractors and as
subcontractors.
(3) In this subsection:
(A) The term ``consolidation of contract requirements'' has
the meaning given that term in section 2382(c)(1) of title
10, United States Code, as added by subsection (a).
(B) The term ``small business concern'' means a business
concern that is determined by the Administrator of the Small
Business Administration to be a small-business concern by
application of the standards prescribed under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(c) Applicability.--This section applies only with respect
to contracts entered into with funds authorized to be
appropriated by this Act.
______
SA 758. Mr. DASCHLE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department Energy, to
prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table,
as follows:
On page 21, after line 20, insert the following:
SEC. 132. B-1B BOMBER AIRCRAFT.
(a) Amount for Aircraft.--(1) Of the amount authorized to
be appropriated under section 103(1), $20,300,000 shall be
available to reconstitute the fleet of B-1B bomber aircraft
through modifications of 23 B-1B bomber aircraft otherwise
scheduled to be retired in fiscal year 2003 that extend the
service life of such aircraft and maintain or, as necessary,
improve the capabilities of such aircraft for mission
performance.
(2) The Secretary of the Air Force shall submit to the
congressional defense committees a report that specifies the
amounts necessary to be included in the future-years defense
program to reconstitute the B-1B bomber aircraft fleet of the
Air Force.
(b) Adjustment.--The total amount authorized to be
appropriated under section 103(1) is hereby increased by
$20,300,000.
______
SA 759. Mr. NELSON of Florida proposed an amendment to the bill S.
1050, to authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1039. SENSE OF SENATE ON REWARD FOR INFORMATION LEADING
TO RESOLUTION OF STATUS OF MEMBERS OF THE ARMED
FORCES WHO REMAIN MISSING IN ACTION.
(a) Findings.--The Senate makes the following findings:
(1) The Department of Defense estimates that there are more
than 10,000 members of the Armed Forces and others who as a
result of activities during the Korean War or the Vietnam War
were placed in a missing status or a prisoner of war status,
or who were determined to have been killed in action although
the body was not recovered, and who remain unaccounted for.
(2) One member of the Armed Forces, Navy Captain Michael
Scott Speicher, remains missing in action from the first
Persian Gulf War, and there have been credible reports of him
being seen alive in Iraq in the years since his plane was
shot down on January 16, 1991.
(3) The United States should always pursue every lead and
leave no stone unturned to completely account for the fate of
its missing members of the Armed Forces.
(4) The Secretary of Defense has the authority to disburse
funds as a reward to individuals who provide information
leading to the conclusive resolution of cases of missing
members of the Armed Forces.
(b) Sense of Senate.--It is the sense of the Senate--
(1) that the Secretary of Defense should use the authority
available to the Secretary to disburse funds rewarding
individuals who provide information leading to the conclusive
resolution of the status of any missing member of the Armed
Forces; and
(2) to encourage the Secretary to authorize and publicize a
reward of $1,000,000 for information resolving the fate of
those members of the Armed Forces, such as Michael Scott
Speicher, who the Secretary has reason to believe may yet be
alive in captivity.
______
SA 760. Mr. COCHRAN (for himself, Mr. Reed, Mr. Chambliss, Mr. Nelson
of Nebraska, Ms. Mikulski, Mr. Bond, and Mr. Nelson of Florida)
submitted an amendment intended to be proposed by him to the bill S.
1050, to authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; which was ordered to lie on the table; as follows:
On page 40, between lines 7 and, 8 insert the following:
SEC. 235. COPRODUCTION OF ARROW BALLISTIC MISSILE DEFENSE
SYSTEM.
Of the total amount authorized to be appropriated under
section 201 for ballistic missile defense, $115,000,000 may
be available for coproduction of the Arrow ballistic missile
defense system.
______
SA 761. Mr. GRAHAM of South Carolina (for himself, Mr. Miller, and
Mrs. Clinton) submitted an amendment intended to be proposed by him to
the bill S. 1050, to authorize appropriations for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 152 strike line 22 and all that follows through
line 9 on page 153, and insert the following:
(a) Age and Service Requirements.--Subsection (a) of
section 12731 of title 10, United States Code, is amended to
read as follows:
``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under
section 12739 of this title, if the person--
``(A) satisfies one of the combinations of requirements for
minimum age and minimum number of years of service (computed
under section 12732 of this title) that are specified in the
table in paragraph (2);
``(B) performed the last six years of qualifying service
while a member of any category named in section 12732(a)(1)
of this title, but not while a member of a regular component,
the Fleet Reserve, or the Fleet Marine Corps Reserve, except
that in the case of a person who completed 20 years of
service computed under section 12732 of this title before
October 5, 1994, the number of years of qualifying service
under this subparagraph shall be eight; and
``(C) is not entitled, under any other provision of law, to
retired pay from an armed
[[Page S6873]]
force or retainer pay as a member of the Fleet Reserve or the
Fleet Marine Corps Reserve.
``(a)(2) The combinations of minimum age and minimum years
of service required of a person under subparagraph (A) of
paragraph (1) for entitlement to retired pay as provided in
such paragraph are as follows:
``Age, iThe minimum years of service at least required for that age is:
53.................................................................34
54.................................................................32
55.................................................................30
56.................................................................28
57.................................................................26
58.................................................................24
59.................................................................22
60.............................................................20.''.
(b) 20-Year Letter.--Subsection (d) of such section is
amended by striking ``the years of service required for
eligibility for retired pay under this chapter'' in the first
sentence and inserting ``20 years of service computed under
section 732 of this title.''.
(c) Equivalent Treatment For Chiefs of Service.--Subsection
(i) of section 1406 of title 10, United States Code, is
amended by inserting ``as a commander of a specified or
unified combatant command (as defined in section 161(c) of
this title),'' after ``Chief of Service,''.
(d) Reconciling Amendment.--The heading for the applicable
subsection is amended by inserting ``Commanders of Combatant
Commands,'' after ``Chief of Service,''.
(e) Effective Date.--This section and the amendments made
by this subsection (a) and (b) shall take effect upon
enactment of this Act. Subsections (c) and (d) shall apply
with . . .
______
SA 762. Ms. COLLINS (for herself and Mr. Voinovich) submitted an
amendment intended to be proposed by her to the bill S. 1050, to
authorize appropriations for fiscal year 2004 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
TITLE ____--NATIONAL SECURITY PERSONNEL SYSTEM AND DEPARTMENT OF
DEFENSE CIVIL SERVICE IMPROVEMENT
SEC. ____01. SHORT TITLE.
This title may be cited as the ``National Security
Personnel System Act''.
SEC. ____02. DEPARTMENT OF DEFENSE NATIONAL SECURITY
PERSONNEL SYSTEM.
(a) In General.--(1) Subpart I of part III of title 5,
United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 99--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM
``Sec.
``9901. Definitions.
``9902. Establishment of human resources management system.
``9903. Contracting for personal services.
``9904. Attracting highly qualified experts.
``9905. Special pay and benefits for certain employees outside the
United States.
``Sec. 9901. Definitions
``For purposes of this chapter--
``(1) the term `Director' means the Director of the Office
of Personnel Management; and
``(2) the term `Secretary' means the Secretary of Defense.
``Sec. 9902. Establishment of human resources management
system
``(a) In General.--Notwithstanding any other provision of
this part, the Secretary may, in regulations prescribed
jointly with the Director, establish a human resources
management system for some or all of the organizational or
functional units of the Department of Defense. The human
resources system established under authority of this section
shall be referred to as the `National Security Personnel
System'.
``(b) System Requirements.--The National Security Personnel
System established under subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b) (1), (8), and (9) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the public service;
``(D) any other provision of this part (as described in
subsection (c)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in this paragraph;
``(4) ensure that employees may organize, bargain
collectively as provided for in this chapter, and participate
through labor organizations of their own choosing in
decisions which affect them, subject to the provisions of
this chapter and any exclusion from coverage or limitation on
negotiability established pursuant to law; and
``(5) not be limited by any specific law, authority, rule,
or regulation prescribed under this title that is waived in
regulations prescribed under this chapter.
``(c) Other Nonwaivable Provisions.--The other provisions
of this part referred to in subsection (b)(3)(D) are (to the
extent not otherwise specified in this title)--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V
thereof), 57, 59, 71, 72, 73, and 79, and this chapter.
``(d) Limitations Relating to Pay.--(1) Nothing in this
section shall constitute authority to modify the pay of any
employee who serves in an Executive Schedule position under
subchapter II of chapter 53 of this title.
``(2) Except as provided for in paragraph (1), the total
amount in a calendar year of allowances, differentials,
bonuses, awards, or other similar cash payments paid under
this title to any employee who is paid under section 5376 or
5383 of this title or under title 10 or under other
comparable pay authority established for payment of
Department of Defense senior executive or equivalent
employees may not exceed the total annual compensation
payable to the Vice President under section 104 of title 3.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--(1) In order to ensure that the authority
of this section is exercised in collaboration with, and in a
manner that ensures the participation of, employee
representatives in the planning, development, and
implementation of any human resources management system or
adjustments to such system under this section, the Secretary
and the Director shall provide for the following:
``(A) The Secretary and the Director shall, with respect to
any proposed system or adjustment--
``(i) provide to the employee representatives representing
any employees who might be affected a written description of
the proposed system or adjustment (including the reasons why
it is considered necessary);
``(ii) give such representatives at least 30 calendar days
(unless extraordinary circumstances require earlier action)
to review and make recommendations with respect to the
proposal; and
``(iii) give any recommendations received from such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
``(B) Following receipt of recommendations, if any, from
such employee representatives with respect to a proposal
described in subparagraph (A), the Secretary and the Director
shall accept such modifications to the proposal in response
to the recommendations as they determine advisable and shall,
with respect to any parts of the proposal as to which they
have not accepted the recommendations--
``(i) notify Congress of those parts of the proposal,
together with the recommendations of the employee
representatives;
``(ii) meet and confer for not less than 30 calendar days
with the employee representatives, in order to attempt to
reach agreement on whether or how to proceed with those parts
of the proposal; and
``(iii) at the Secretary's option, or if requested by a
majority of the employee representatives participating, use
the services of the Federal Mediation and Conciliation
Service during such meet and confer period to facilitate the
process of attempting to reach agreement.
``(C)(i) Any part of the proposal as to which the
representatives do not make a recommendation, or as to which
the recommendations are accepted by the Secretary and the
Director, may be implemented immediately.
``(ii) With respect to any parts of the proposal as to
which recommendations have been made but not accepted by the
Secretary and the Director, at any time after 30 calendar
days have elapsed since the initiation of the congressional
notification, consultation, and mediation procedures set
forth in subparagraph (B), if the Secretary, in his
discretion, determines that further consultation and
mediation is unlikely to produce agreement, the Secretary may
implement any or all of such parts (including any
modifications made in response to the recommendations as the
Secretary determines advisable), but only after 30 days have
elapsed after notifying Congress of the decision to implement
the part or parts involved (as so modified, if applicable).
``(iii) The Secretary shall notify Congress promptly of the
implementation of any part of the proposal and shall furnish
with such notice an explanation of the proposal, any changes
made to the proposal as a result of recommendations from the
employee representatives, and of the reasons why
implementation is appropriate under this subparagraph.
``(D) If a proposal described in subparagraph (A) is
implemented, the Secretary and the Director shall--
[[Page S6874]]
``(i) develop a method for the employee representatives to
participate in any further planning or development which
might become necessary; and
``(ii) give the employee representatives adequate access to
information to make that participation productive.
``(2) The Secretary may, at the Secretary's discretion,
engage in any and all collaboration activities described in
this subsection at an organizational level above the level of
exclusive recognition.
``(3) In the case of any employees who are not within a
unit with respect to which a labor organization is accorded
exclusive recognition, the Secretary and the Director may
develop procedures for representation by any appropriate
organization which represents a substantial percentage of
those employees or, if none, in such other manner as may be
appropriate, consistent with the purposes of this subsection.
``(f) Pay-for-Performance Evaluation System.--(1) The
National Security Personnel System established in accordance
with this chapter shall include a pay-for-performance
evaluation system to better link individual pay to
performance and provide an equitable method for appraising
and compensating employees.
``(2) The regulations implementing this chapter shall--
``(A) group employees into pay bands in accordance with the
type of function that such employees perform and their level
of responsibility; and
``(B) establish a performance rating process, which shall
include, at a minimum--
``(i) rating periods;
``(ii) communication and feedback requirements;
``(iii) performance scoring systems;
``(iv) a system for linking performance scores to salary
increases and performance incentives;
``(v) a review process;
``(vi) a process for addressing performance that fails to
meet expectations; and
``(vii) a pay-out process.
``(3) For fiscal years 2004 through 2008, the overall
amount allocated for compensation of the civilian employees
of an organizational or functional unit of the Department of
Defense that is included in the National Security Personnel
System shall not be less than the amount of civilian pay that
would have been allocated to such compensation under the
General Schedule system, based on--
``(A) the number and mix of employees in such
organizational or functional unit prior to the conversion of
such employees to the National Security Personnel System; and
``(B) adjusted for normal step increases and rates of
promotion that would have been expected, had such employees
remained in the General System system.
``(4) The regulations implementing the National Security
Personnel System shall provide a formula for calculating the
overall amount to be allocated for fiscal years after fiscal
year 2008 for compensation of the civilian employees of an
organizational or functional unit of the Department of
Defense that is included in the National Security Personnel
System. The formula shall ensure that such employees are not
disadvantaged in terms of the overall amount of pay available
as a result of conversion to the National Security Personnel
System, while providing flexibility to accommodate changes in
the function of the organization, changes in the mix of
employees performing those functions, and other changed
circumstances that might impact pay levels.
``(5) Funds allocated for compensation of the civilian
employees of an organizational or functional unit of the
Department of Defense in accordance with paragraph (3) or (4)
may not be made available for any other purpose unless the
Secretary of Defense determines that such action is necessary
in the national interest and submits a reprogramming
notification in accordance with established procedures.
``(g) Performance Management System.--The Secretary of
Defense shall develop and implement for organizational and
functional units included in the National Security Personnel
System, a performance management system that includes--
``(1) adherence to merit principles set forth in section
2301;
``(2) a fair, credible, and equitable system that results
in meaningful distinctions in individual employee
performance;
``(3) a link between the performance management system and
the agency's strategic plan;
``(4) a means for ensuring employee involvement in the
design and implementation of the system;
``(5) adequate training and retraining for supervisors,
managers, and employees in the implementation and operation
of the performance management system;
``(6) a process for ensuring ongoing performance feedback
and dialogue between supervisors, managers, and employees
throughout the appraisal period, and setting timetables for
review;
``(7) effective transparency and accountability measures to
ensure that the management of the system is fair, credible,
and equitable, including appropriate independent
reasonableness, reviews, internal grievance procedures,
internal assessments, and employee surveys; and
``(8) a means for ensuring that adequate agency resources
are allocated for the design, implementation, and
administration of the performance management system.
``(h) Provisions Regarding National Level Bargaining.--(1)
The National Security Personnel System implemented or
modified under this chapter may include employees of the
Department of Defense from any bargaining unit with respect
to which a labor organization has been accorded exclusive
recognition under chapter 71 of this title.
``(2) For issues impacting more than 1 bargaining unit so
included under paragraph (1), the Secretary may bargain at an
organizational level above the level of exclusive
recognition. Any such bargaining shall--
``(A) be binding on all subordinate bargaining units at the
level of recognition and their exclusive representatives, and
the Department of Defense and its subcomponents, without
regard to levels of recognition;
``(B) supersede all other collective bargaining agreements,
including collective bargaining agreements negotiated with an
exclusive representative at the level of recognition, except
as otherwise determined by the Secretary; and
``(C) not be subject to further negotiations for any
purpose, including bargaining at the level of recognition,
except as provided for by the Secretary.
``(3) The National Guard Bureau and the Army and Air Force
National Guard are excluded from coverage under this
subsection.
``(4) Any bargaining completed pursuant to this subsection
with a labor organization not otherwise having national
consultation rights with the Department of Defense or its
subcomponents shall not create any obligation on the
Department of Defense or its subcomponents to confer national
consultation rights on such a labor organization.
``(i) Provisions Relating to Appellate Procedures.--(1) The
Secretary shall--
``(A) establish an appeals process that provides that
employees of the Department of Defense are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
``(B) in prescribing regulations for any such appeals
process--
``(i) ensure that employees of the Department of Defense
are afforded the protections of due process; and
``(ii) toward that end, be required to consult with the
Merit Systems Protection Board before issuing any such
regulations.
``(2) On and after the date occurring 3 years after the
date of enactment of the National Security Personnel System
Act an employee of the Department of Defense--
``(A) may not appeal any employment related decision to the
Merit Systems Protection Board; and
``(B) shall make any such appeal under the appeals process
established under paragraph (1).
``(j) Phase-In.--(1) The Secretary of Defense is authorized
to apply the National Security Personnel System established
in accordance with subsection (a) to organizational or
functional units including--
``(A) up to 120,000 civilian employees of the Department of
Defense in fiscal year 2004;
``(B) up to 240,000 civilian employees of the Department of
Defense in fiscal year 2005;
``(C) up to 360,000 civilian employees in the first fiscal
year after the Department meets the criteria specified in
paragraph (2);
``(D) up to 480,000 civilian employees in the second fiscal
year after the Department meets the criteria specified in
paragraph (2); and
``(E) the entire civilian workforce of the Department of
Defense in the third fiscal year after the Department meets
the criteria specified in paragraph (2).
``(2) The Secretary of Defense is authorized to increase
the scope of the National Security Personnel System in
accordance with subparagraphs (C), (D), and (E) of paragraph
(1) in a fiscal year after fiscal year 2005, if the Director
of the Office of Personnel Management has certified that the
Department has in place--
``(A) a performance management system that meets the
criteria specified in subsection (g); and
``(B) a pay formula that meets the criteria specified in
subsection (f).
``(3) Civilian employees in organizational or functional
units participating in Department of Defense personnel
demonstration projects shall be counted as participants in
the National Security Personnel System for the purpose of the
limitations established under paragraph (1).
``(k) Provisions Related to Separation and Retirement
Incentives.--(1) The Secretary may establish a program within
the Department of Defense under which employees may be
eligible for early retirement, offered separation incentive
pay to separate from service voluntarily, or both. This
authority may be used to reduce the number of personnel
employed by the Department of Defense or to restructure the
workforce to meet mission objectives without reducing the
overall number of personnel. This authority is in addition
to, and notwithstanding, any other authorities established by
law or regulation for such programs.
``(2)(A) The Secretary may not authorize the payment of
voluntary separation incentive pay under paragraph (1) to
more than 10,000 employees in any fiscal year, except that
employees who receive voluntary separation incentive pay as a
result of a closure or realignment of a military installation
under the Defense Base Closure and Realignment Act of 1990
(title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) shall
not be included in that number.
``(B) The Secretary shall prepare a report each fiscal year
setting forth the number of
[[Page S6875]]
employees who received such pay as a result of a closure or
realignment of a military base as described under
subparagraph (A).
``(C) The Secretary shall submit the report under
subparagraph (B) to--
``(i) the Committee on the Armed Services and the Committee
on Government Affairs of the Senate; and
``(ii) the Committee on Armed Services and the Committee on
Government Reform of the House of Representatives.
``(3) For purposes of this section, the term `employee'
means an employee of the Department of Defense, serving under
an appointment without time limitation, except that such term
does not include--
``(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of this title, or another retirement
system for employees of the Federal Government;
``(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under any of the retirement systems referred to in
paragraph (1); or
``(C) for purposes of eligibility for separation incentives
under this section, an employee who is in receipt of a
decision notice of involuntary separation for misconduct or
unacceptable performance.
``(4) An employee who is at least 50 years of age and has
completed 20 years of service, or has at least 25 years of
service, may, pursuant to regulations promulgated under this
section, apply and be retired from the Department of Defense
and receive benefits in accordance with chapter 83 or 84 if
the employee has been employed continuously within the
Department of Defense for more than 30 days before the date
on which the determination to conduct a reduction or
restructuring within 1 or more Department of Defense
components is approved pursuant to the system established
under subsection (a).
``(5)(A) Separation pay shall be paid in a lump sum or in
installments and shall be equal to the lesser of--
``(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of this title, if
the employee were entitled to payment under such section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for payment, and
shall not be included in the computation, of any other type
of Government benefit. Separation pay shall not be taken into
account for the purpose of determining the amount of any
severance pay to which an individual may be entitled under
section 5595 of this title, based on any other separation.
``(C) Separation pay, if paid in installments, shall cease
to be paid upon the recipient's acceptance of employment by
the Federal Government, or commencement of work under a
personal services contract as described in paragraph (5).
``(6) An employee who receives separation pay under this
section on the basis of a separation occurring on or after
the date of the enactment of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-236; 108 Stat. 111)
and accepts employment with the Government of the United
States, or who commences work through a personal services
contract with the United States within 5 years after the date
of the separation on which payment of the separation pay is
based, shall be required to repay the entire amount of the
separation pay to the Department of Defense. If the
employment is with an Executive agency (as defined by section
105 of this title) other than the Department of Defense, the
Director may, at the request of the head of that agency,
waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant
available for the position. If the employment is within the
Department of Defense, the Secretary may waive the repayment
if the individual involved is the only qualified applicant
available for the position. If the employment is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position. If the
employment is with the judicial branch, the Director of the
Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position.
``(7) Under this program, early retirement and separation
pay may be offered only pursuant to regulations established
by the Secretary, subject to such limitations or conditions
as the Secretary may require.
``(l) Provisions Relating to Hiring.--Notwithstanding
subsection (c), the Secretary may exercise any hiring
flexibilities that would otherwise be available to the
Secretary under section 4703(a)(1).
``Sec. 9903. Contracting for personal services
``(a) Outside the United States.--The Secretary may
contract with individuals for services to be performed
outside the United States as determined by the Secretary to
be necessary and appropriate for supporting the activities
and programs of the Department of Defense outside the United
States.
``(b) No Federal Employees.--Individuals employed by
contract under subsection (a) shall not, by virtue of such
employment, be considered employees of the United States
Government for the purposes of--
``(1) any law administered by the Office of Personnel
Management; or
``(2) under the National Security Personnel System
established under this chapter.
``(c) Applicability of Law.--Any contract entered into
under subsection (a) shall not be subject to any statutory
provision prohibiting or restricting the use of personnel
service contracts.
``Sec. 9904. Attracting highly qualified experts
``(a) In General.--The Secretary may carry out a program
using the authority provided in subsection (b) in order to
attract highly qualified experts in needed occupations, as
determined by the Secretary.
``(b) Authority.--Under the program, the Secretary may--
``(1) appoint personnel from outside the civil service and
uniformed services (as such terms are defined in section 2101
of this title) to positions in the Department of Defense
without regard to any provision of this title governing the
appointment of employees to positions in the Department of
Defense;
``(2) prescribe the rates of basic pay for positions to
which employees are appointed under paragraph (1) at rates
not in excess of the maximum rate of basic pay authorized for
senior-level positions under section 5376 of this title, as
increased by locality-based comparability payments under
section 5304 of this title, notwithstanding any provision of
this title governing the rates of pay or classification of
employees in the executive branch; and
``(3) pay any employee appointed under paragraph (1)
payments in addition to basic pay within the limits
applicable to the employee under subsection (d).
``(c) Limitation on Term of Appointment.--(1) Except as
provided in paragraph (2), the service of an employee under
an appointment made pursuant to this section may not exceed 5
years.
``(2) The Secretary may, in the case of a particular
employee, extend the period to which service is limited under
paragraph (1) by up to 1 additional year if the Secretary
determines that such action is necessary to promote the
Department of Defense's national security missions.
``(d) Limitations on Additional Payments.--(1) The total
amount of the additional payments paid to an employee under
this section for any 12-month period may not exceed the
lesser of the following amounts:
``(A) $50,000 in fiscal year 2004, which may be adjusted
annually thereafter by the Secretary, with a percentage
increase equal to one-half of 1 percentage point less than
the percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base
quarter of the year before the preceding calendar year
exceeds the Employment Cost Index for the base quarter of the
second year before the preceding calendar year.
``(B) The amount equal to 50 percent of the employee's
annual rate of basic pay.
For purposes of this paragraph, the term `base quarter' has
the meaning given such term by section 5302(3).
``(2) An employee appointed under this section is not
eligible for any bonus, monetary award, or other monetary
incentive for service except for payments authorized under
this section.
``(3) Notwithstanding any other provision of this
subsection or of section 5307, no additional payments may be
paid to an employee under this section in any calendar year
if, or to the extent that, the employee's total annual
compensation will exceed the maximum amount of total annual
compensation payable at the salary set in accordance with
section 104 of title 3.
``(e) Limitation on Number of Highly Qualified Experts.--
The number of highly qualified experts appointed and retained
by the Secretary under subsection (b)(1) shall not exceed 300
at any time.
``(f) Savings Provisions.--In the event that the Secretary
terminates this program, in the case of an employee who, on
the day before the termination of the program, is serving in
a position pursuant to an appointment under this section--
``(1) the termination of the program does not terminate the
employee's employment in that position before the expiration
of the lesser of--
``(A) the period for which the employee was appointed; or
``(B) the period to which the employee's service is limited
under subsection (c), including any extension made under this
section before the termination of the program; and
``(2) the rate of basic pay prescribed for the position
under this section may not be reduced as long as the employee
continues to serve in the position without a break in
service.
``Sec. 9905. Special pay and benefits for certain employees
outside the United States
``The Secretary may provide to certain civilian employees
of the Department of Defense assigned to activities outside
the United States as determined by the Secretary to be in
support of Department of Defense activities abroad hazardous
to life or health or so specialized because of security
requirements as to be clearly distinguishable from normal
Government employment--
``(1) allowances and benefits--
``(A) comparable to those provided by the Secretary of
State to members of the Foreign Service under chapter 9 of
title I of the Foreign Service Act of 1980 (Public Law 96-
465, 22 U.S.C. 4081 et seq.) or any other provision of law;
or
``(B) comparable to those provided by the Director of
Central Intelligence to personnel of the Central Intelligence
Agency; and
[[Page S6876]]
``(2) special retirement accrual benefits and disability in
the same manner provided for by the Central Intelligence
Agency Retirement Act (50 U.S.C. 2001 et seq.) and in section
18 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403r).''.
(2) The table of chapters for part III of such title is
amended by adding at the end of subpart I the following new
item:
``99. Department of Defense National Security Personnel
System............................................. 9901''.
(b) Impact on Department of Defense Civilian Personnel.--
(1) Any exercise of authority under chapter 99 of such title
(as added by subsection (a)), including under any system
established under such chapter, shall be in conformance with
the requirements of this subsection.
(2) No other provision of this Act or of any amendment made
by this Act may be construed or applied in a manner so as to
limit, supersede, or otherwise affect the provisions of this
section, except to the extent that it does so by specific
reference to this section.
(c) External Third-Party Review of Labor-Management
Disputes.--Chapter 71 of title 5, United States Code is
amended--
(1) in section 7105(a), by adding at the end the following:
``(3)(A) In carrying out subparagraphs (C), (D), (E), (F),
and (H) of paragraph (2), in matters that involve agencies
and employees of the Department of Defense, the Authority
shall take final action within 180 days after the filing of a
charge, unless--
``(i) there is express approval of the parties to extend
the 180-day period; or
``(ii) the Authority extends the 180-day period under
subparagraph (B).
``(B) In cases raising significant issues that involve
agencies and employees of the Department of Defense, the
Authority may extend the time limit under subparagraph (A),
and the time limits under sections 7105(e)(1), 7105(f) and
7118(a)(9) of this title, if the Authority gives notice to
the public of the opportunity for interested persons to file
amici curiae briefs.'';
(2) in section 7105(e), by adding at the end the following:
``(3) If a representation inquiry or election involves
employees of the Department of Defense, the regional director
shall, absent express approval from the parties, complete the
tasks delegated to the regional authority under paragraph (1)
within 180 days after the delegation.'';
(3) in section 7105(f)--
(A) by inserting ``(1)'' after ``(f)'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(C) by adding at the end the following:
``(2) In any dispute that involves agencies and employees
within the Department of Defense, if review is granted, the
Authority action to affirm, modify, or reverse any action
shall, absent express approval from the parties, be completed
within 120 days after the grant of review.'';
(4) in section 7118(a), by adding at the end the following:
``(9)(A) Any individual conducting a hearing described in
paragraph (7) or (8), involving an unfair labor practice
allegation within the Department of Defense, shall complete
the hearing and make any determinations within 180 days after
the filing of a charge under paragraph (1). The Authority's
review of any such determinations shall, absent express
approval from the parties, be completed within 180 days after
the filing of any exceptions.
``(B) The 180-day periods under subparagraph (A) shall
apply, unless there is express approval of the parties to
extend a period.''; and
(5) in section 7119(c)(5)(C), by adding at the end the
following: ``The Panel shall, absent express approval from
the parties, take final action within 180 days after being
presented with an impasse between agencies and employees
within the Department of Defense.''.
SEC. ____03. MILITARY LEAVE FOR MOBILIZED FEDERAL CIVILIAN
EMPLOYEES.
(a) In General.--Subsection (b) of section 6323 of title 5,
United States Code, is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and at the end of clause (ii), as
so redesignated, by inserting ``or''; and
(B) by inserting ``(A)'' after ``(2)''; and
(2) by inserting the following before the text beginning
with ``is entitled'':
``(B) performs full-time military service as a result of a
call or order to active duty in support of a contingency
operation as defined in section 101(a)(13) of title 10;''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to military service performed on or after the
date of the enactment of this Act.
______
SA 763. Mrs. HUTCHISON submitted an amendment intended to be proposed
by her to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 273, between lines 17 and 18, insert the following:
(P) The results of a study, carried out by the Secretary of
Defense, regarding the availability of family support
services provided to the dependents of members of the
National Guard and other reserve components of the Armed
Forces who are called or ordered to active duty (hereinafter
in this subparagraph referred to as ``mobilized members''),
including, at a minimum, the following matters:
(i) A discussion of the extent to which cooperative
agreements are in place or need to be entered into to ensure
that dependents of mobilized members receive adequate family
support services from within existing family readiness groups
at military installations without regard to the members'
armed force or component of an armed force.
(ii) A discussion of what additional family support
services, and what additional family support agreements
between and among the Armed Forces (including the Coast
Guard), are necessary to ensure that adequate family support
services are provided to the families of mobilized members.
(iii) A discussion of what additional resources are
necessary to ensure that adequate family support services are
available to the dependents of each mobilized member at the
military installation nearest the residence of the
dependents.
(iv) The additional outreach programs that should be
established between families of mobilized members and the
sources of family support services at the military
installations in their respective regions.
(v) A discussion of the procedures in place for providing
information on availability of family support services to
families of mobilized members at the time the members are
called or ordered to active duty.
______
SA 764. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
In section 3131, add at the end the following:
(c) Report.--(1) Not later than March 1, 2004, the
Secretary of Defense and the Secretary of State shall jointly
submit to Congress a report assessing the effects on the
proliferation goals, objectives, and activities of the United
States of the repeal of section 3136 of the National Defense
Authorization Act for Fiscal Year 1994, including the effects
of the repeal of the prohibition on activities carried out
under the Cooperative Threat Reduction program.
(2) The report shall be submitted in unclassified form, but
may include a classified annex.
______
SA 765. Mr. BINGAMAN (for himself, Mr. Dorgan, Mr. Reed, and Mr.
Biden) submitted an amendment intended to be proposed by him to the
bill S. 1050, to authorize appropriations for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle C of title II, add the following:
SEC. 225. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS
FOR DESIGN, DEVELOPMENT, OR DEPLOYMENT OF HIT-
TO-KILL BALLISTIC MISSILE INTERCEPTORS.
No amount authorized to be appropriated by this Act for
research, development, test, and evaluation, Defense-wide,
and available for Ballistic Missile Defense Systems
Interceptors (PE 060886C), may be obligated or expended to
design, develop, or deploy hit-to-kill interceptors or other
weapons for placement in space unless specifically authorized
by Congress.
______
SA 766. Mr. NELSON of Florida (for himself, Mr. Warner, and Mr.
Levin) proposed an amendment to the bill S. 1050, to authorize
appropriations for fiscal year 2004 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3135. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS
FOR COMMENCEMENT OF ENGINEERING DEVELOPMENT
PHASE OR SUBSEQUENT PHASE OF ROBUST NUCLEAR
EARTH PENETRATOR.
The Secretary of Energy may not commence the engineering
development phase (phase 6.3) of the nuclear weapons
development process, or any subsequent phase, of a Robust
Nuclear Earth Penetrator weapon unless specifically
authorized by Congress.
______
SA 767. Mr. NELSON of Florida (for himself, Mr. Warner, and Mr.
Levin) proposed an amendment to the bill S. 1050, to authorize
appropriations for fiscal year 2004 for military activities
[[Page S6877]]
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
At the appropriate place in Title XXXI in the bill add the
following new section:
SEC. .
(a) Findings.--Much of the work that will be carried out by
the Secretary of Energy in the feasibility study for the
Robust Nuclear Earth Penetrator will have applicability to a
nuclear or a conventional earth penetrator, but the
Department of Energy does not have responsibility for
development of conventional earth penetrator or other
conventional programs for hard and deeply buried targets.
(b) Plan.--The Secretary of Energy and the Secretary of
Defense shall develop, submit to Congress three months after
the date of enactment of this act, and implement, a plan to
coordinate the Robust Nuclear Earth Penetrator feasibility
study at the Department of Energy with the ongoing
conventional hard and deeply buried weapons development
programs at the Department of Defense. This plan shall ensure
that over the course of the feasibility study for the Robust
Nuclear Earth Penetrator the work of the DOE, with
application to the DOD programs, is shared with and
integrated into the DOD programs.
______
SA 768. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 25, between lines 11 and 12, and insert the
following:
SEC. 213. HUMAN TISSUE ENGINEERING.
(a) Amount.--Of the amount authorized to be appropriated
under section 201(1), $1,710,000 may be available in PE
0602787A for human tissue engineering.
(b) Offsets.--Of the amount authorized to be appropriated
under section 201(1)--
(1) the total amount available in PE 0603015A for Immersive
Simulation and training research, is hereby reduced by
$710,000;
(2) the total amount available in PE 0602308A for the
Immersive Simulation and training research, is hereby reduced
by $500,000; and
(3) the total amount available in PE 0602712A for chemical
vapor sensing, is hereby reduced by $500,000.
______
SA 769. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title III, add the following:
SEC. 332. RANGE MANAGEMENT.
(a) In General.--Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2019. Range management
``(a) Definition of Solid Waste.--(1) The term `solid
waste' as used in the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.) does not include military munitions, including
unexploded ordnance, and the constituents thereof, that are
or have been deposited, incident to their normal and expected
use, on an operational range, and remain thereon, unless such
military munitions, including unexploded ordnance, or the
constituents thereof--
``(A) are recovered, collected, and then disposed of by
burial or land filling; or
``(B) have migrated off an operational range and are not
addressed through a response action under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
``(2) The military munitions, including unexploded
ordnance, or constituents thereof that become a solid waste
under subparagraph (A) or (B) of paragraph (1) shall be
subject to the provisions of the Solid Waste Disposal Act,
including but not limited to sections 7002 and 7003, where
applicable.
``(3) Nothing in this section affects the authority of
Federal, State, interstate, or local regulatory authorities
to determine when military munitions, including unexploded
ordnance, or the constituents thereof, become hazardous waste
for purposes of the Solid Waste Disposal Act, except for
military munitions, including unexploded ordnance, or the
constituents thereof, that are excluded from the definition
of solid waste by this subsection.
``(b) Definition of Release.--(1) The term `release' as
used in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) does not include the deposit or presence on an
operational range of any military munitions, including
unexploded ordnance, and the constituents thereof, that are
or have been deposited thereon incident to their normal and
expected use, and remain thereon. The term `release' does
include the deposit off an operational range, or the
migration off an operational range, of military munitions,
including unexploded ordnance, or the constituents thereof.
``(2) Notwithstanding the provisions of paragraph (1), the
authority of the President under section 106(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9606(a)) to take action
because there may be an imminent and substantial endangerment
to the public health or welfare or the environment because of
an actual or threatened release of a hazardous substance
includes the authority to take action because of the deposit
or presence on an operational range of any military
munitions, including unexploded ordnance, or the constituents
thereof that are or have been deposited thereon incident to
their normal and expected use and remain thereon.
``(c) Definition of Constituents.--In this section, the
term `constituents' means any materials originating from
military munitions, including unexploded ordnance, explosive
and non-explosive materials, and emission, degradation, or
breakdown products of such munitions.
``(d) Change in Range Status.--Nothing in this section
affects the legal requirements applicable to military
munitions, including unexploded ordnance, and the
constituents thereof, that have been deposited on an
operational range, once the range ceases to be an operational
range.
``(e) Construction.--Nothing in this section affects the
authority of the Department of Defense to protect the
environment, safety, and health on operational ranges.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2019. Range management.''.
______
SA 770. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows;
Strike section 852, and insert the following:
SEC. 852. FEDERAL SUPPORT FOR ENHANCEMENT OF STATE AND LOCAL
ANTI-TERRORISM RESPONSE CAPABILITIES.
(a) Procurements of Anti-Terrorism Technologies and
Services by State and Local Governments Through Federal
Contracts.--
(1) Establishment of program.--The President shall
designate an officer or employee of the United States--
(A) to establish, and the designated official shall
establish, a program under which States and units of local
government may procure through contracts entered into by the
designated official anti-terrorism technologies or anti-
terrorism services for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of
terrorism; and
(B) to carry out the SAFER grant program provided for under
subsection (f).
(2) Designated federal procurement official for program.--
In this section, the officer or employee designated by the
President under paragraph (1) shall be referred to as the
``designated Federal procurement official''.
(3) Authorities.--Under the program, the designated Federal
procurement official--
(A) may, but shall not be required to, award contracts
using the same authorities as are provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act (41
U.S.C. 259(b)(3)); and
(B) may make SAFER grants in accordance with subsection
(f).
(4) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government may not be
required to offer such technology or services to a State or
unit of local government under the program.
(b) Responsibilities of the Contracting Official.--In
carrying out the program established under this section, the
designated Federal procurement official shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under
this program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local
government under contracts awarded by the designated
official.
(c) Required Procedures.--The procedures required by
subsection (b)(2) shall implement the following requirements
and authorities:
(1) Submissions by states.--
[[Page S6878]]
(A) Requests and payments.--Except as provided in
subparagraph (B), each State desiring to participate in a
procurement of anti-terrorism technologies or anti-terrorism
services through a contract entered into by the designated
Federal procurement official under this section shall submit
to that official in such form and manner and at such times as
such official prescribes, the following:
(i) Request.--A request consisting of an enumeration of the
technologies or services, respectively, that are desired by
the State and units of local government within the State.
(ii) Payment.--Advance payment for each requested
technology or service in an amount determined by the
designated official based on estimated or actual costs of the
technology or service and administrative costs incurred by
such official.
(B) Other contracts.--The designated Federal procurement
official may award and designate contracts under which States
and units of local government may procure anti-terrorism
technologies and anti-terrorism services directly from the
contractors. No indemnification may be provided under Public
Law 85-804 pursuant to an exercise of authority under section
851 for procurements that are made directly between
contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State may establish such procedures as the
Governor considers appropriate for administering and
coordinating requests for anti-terrorism technologies or
anti-terrorism services from units of local government within
the State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall
be responsible for arranging and paying for any shipment or
transportation of the technologies or services, respectively,
to the State and localities within the State.
(d) Reimbursement of Actual Costs.--In the case of a
procurement made by or for a State or unit of local
government under the procedures established under this
section, the designated Federal procurement official shall
require the State or unit of local government to reimburse
the Department for the actual costs it has incurred for such
procurement.
(e) Time for Implementation.--The catalog and procedures
required by subsection (b) of this section shall be completed
as soon as practicable and no later than 210 days after the
enactment of this Act.
(f) SAFER Grant Program.--
(1) Authority.--The designated Federal procurement official
is authorized to make grants to eligible entities for the
purpose of supporting increases in the number of permanent
positions for firefighters in fire services to ensure
staffing at levels and with skill mixes that are adequate
emergency response to incidents or threats of terrorism.
(2) Use of funds.--The proceeds of a SAFER grant to an
eligible entity may be used only for the purpose specified in
paragraph (1).
(3) Duration.--A SAFER grant to an eligible entity shall
provide funding for a period of 4 years. The proceeds of the
grant shall be disbursed to the eligible entity in 4 equal
annual installments.
(4) Non-federal share.--
(A) Requirement.--An eligible entity may receive a SAFER
grant only if the entity enters into an agreement with the
designated Federal procurement official to contribute non-
Federal funds to achieve the purpose of the grant in the
following amounts:
(i) During the second year in which funds of a SAFER grant
are received, an amount equal to 25 percent of the amount of
the SAFER grant funds received that year.
(ii) During the third year in which funds of a SAFER grant
are received, an amount equal to 50 percent of the amount of
the SAFER grant funds received that year.
(iii) During the fourth year in which funds of a SAFER
grant are received, an amount equal to 75 percent of the
amount of the SAFER grant funds received that year.
(B) Waiver.--The designated Federal procurement official
may waive the requirement for a non-Federal contribution
described in subparagraph (A) in the case of any eligible
entity.
(C) Asset forfeiture funds.--An eligible entity may use
funds received from the disposal of property transferred to
the eligible entity pursuant to section 9703(h) of title 31,
United States Code, section 981(e) of title 18, United States
Code, or section 616 of the Tariff Act of 1930 (19 U.S.C.
1616a) to provide the non-Federal share required under
paragraph (1).
(D) BIA funds.--Funds appropriated for the activities of
any agency of a tribal organization or for the Bureau of
Indian Affairs to perform firefighting functions on any
Indian lands may be used to provide the share required under
subparagraph (A), and such funds shall be deemed to be non-
Federal funds for such purpose.
(5) Applications.--
(A) Requirement.--To receive a SAFER grant, an eligible
entity shall submit an application for the grant to the
designated Federal procurement official.
(B) Content.--Each application for a SAFER grant shall
contain, for each fire service covered by the application,
the following information:
(i) A long-term strategy for increasing the force of
firefighters in the fire service to ensure readiness for
appropriate and effective emergency response to incidents or
threats of terrorism.
(ii) A detailed plan for implementing the strategy that
reflects consultation with community groups, consultation
with appropriate private and public entities, and
consideration of any master plan that applies to the eligible
entity.
(iii) An assessment of the ability of the eligible entity
to increase the force of firefighters in the fire service
without Federal assistance.
(iv) An assessment of the levels of community support for
increasing that force, including financial and in-kind
contributions and any other available community resources.
(v) Specific plans for obtaining necessary support and
continued funding for the firefighter positions proposed to
be added to the fire service with SAFER grant funds.
(vi) An assurance that the eligible entity will, to the
extent practicable, seek to recruit and employ (or accept the
voluntary services of) firefighters who are members of racial
and ethnic minority groups or women.
(vii) Any additional information that the designated
Federal procurement official considers appropriate.
(C) Special rule for small communities.--The designated
Federal procurement official may authorize an eligible entity
responsible for a population of less than 50,000 to submit an
application without information required under subparagraph
(B), and may otherwise make special provisions to facilitate
the expedited submission, processing, and approval of an
application by such an entity.
(D) Preferential consideration.--The designated Federal
procurement official may give preferential consideration, to
the extent feasible, to an application submitted by an
eligible entity that agrees to contribute a non-Federal share
higher than the share required under paragraph (4)(A).
(E) Assistance with applications.--The designated Federal
procurement official is authorized to provide technical
assistance to an eligible entity for the purpose of assisting
with the preparation of an application for a SAFER grant.
(6) Special rules on use of funds.--
(A) Supplement not supplant.--The proceeds of a SAFER grant
made to an eligible entity shall be used to supplement and
not supplant other Federal funds, State funds, or funds from
a subdivision of a State, or, in the case of a tribal
organization, funds supplied by the Bureau of Indian Affairs,
that are available for salaries or benefits for firefighters.
(B) Limitation relating to compensation of firefighters.--
(i) In general.--The proceeds of a SAFER grant may not be
used to fund the pay and benefits of a full-time firefighter
if the total annual amount of the pay and benefits for that
firefighter exceeds $100,000. The designated Federal
procurement official may waive the prohibition in the
proceeding sentence in any particular case.
(ii) Adjustment for inflation.--Effective on October 1 of
each year, the total annual amount applicable under
subparagraph (A) shall be increased by the percentage
(rounded to the nearest one-tenth of one percent) by which
the Consumer Price Index for all-urban consumers published by
the Department of Labor for July of such year exceeds the
Consumer Price Index for all-urban consumers published by the
Department of Labor for July of the preceding year. The first
adjustment shall be made on October 1, 2004.
(7) Performance evaluation.--
(A) Requirement for information.--The designated Federal
procurement official shall evaluate, each year, whether an
entity receiving SAFER grant funds in such year is
substantially complying with the terms and conditions of the
grant. The entity shall submit to the designated Federal
procurement official any information that the designated
Federal procurement official requires for that year for the
purpose of the evaluation.
(B) Revocation or suspension of funding.--If the designated
Federal procurement official determines that a recipient of a
SAFER grant is not in substantial compliance with the terms
and conditions of the grant the designated Federal
procurement official may revoke or suspend funding of the
grant.
(8) Access to documents.--
(A) Audits by designated Federal procurement official.--The
designated Federal procurement official shall have access for
the purpose of audit and examination to any pertinent books,
documents, papers, or records of an eligible entity that
receives a SAFER grant.
(B) Audits by the comptroller general.--Subparagraph (A)
shall also apply with respect to audits and examinations
conducted by the Comptroller General of the United States or
by an authorized representative of the Comptroller General.
(9) Termination of safer grant authority.--
(A) In general.--The authority to award a SAFER grant shall
terminate at the end of September 30, 2010.
(B) Report to congress.--Not later than two years after the
date of the enactment of
[[Page S6879]]
this Act, the designated Federal procurement official shall
submit to Congress a report on the SAFER grant program under
this section. The report shall include an assessment of the
effectiveness of the program for achieving its purpose, and
may include any recommendations that the designated Federal
procurement official has for increasing the forces of
firefighters in fire services.
(10) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity'' means--
(i) a State;
(ii) a subdivision of a State;
(iii) a tribal organization;
(iv) any other public entity that the designated Federal
procurement official determines appropriate for eligibility
under this section; and
(v) a multijurisdictional or regional consortium of the
entities described in clauses (i) through (iv).
(B) Firefighter.--The term ``firefighter'' means an
employee or volunteer member of a fire service, including a
firefighter, paramedic, emergency medical technician, rescue
worker, ambulance personnel, or hazardous materials worker,
who--
(i) is trained in fire suppression and has the legal
authority and responsibility to engage in fire suppression;
or
(ii) is engaged in the prevention, control, and
extinguishment of fires or response to emergency situations
where life, property, or the environment is at risk.
(C) Fire service.--The term ``fire service'' includes an
organization described in section 4(5) of the Federal Fire
Prevention and Control Act of 1974 that is under the
jurisdiction of a tribal organization.
(D) Master plan.--The term ``master plan'' has the meaning
given the term in section 10 of the Federal Fire Prevention
and Control Act of 1974.
(E) SAFER grant.--The term `SAFER grant' means a grant of
financial assistance under this subsection.
(F) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(11) Authorization of Appropriations.--There are authorized
to be appropriated for the purpose of carrying out this
section--
(A) $1,000,000,000 for fiscal year 2004;
(B) $1,030,000,000 for fiscal year 2005;
(C) $1,061,000,000 for fiscal year 2006;
(D) $1,093,000,000 for fiscal year 2007;
(E) $1,126,000,000 for fiscal year 2008;
(F) $1,159,000,000 for fiscal year 2009; and
(G) $1,194,000,000 for fiscal year 2010.
______
SA 771. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 17, strike line 11 and insert the following:
SEC. 111. CH-47 HELICOPTER PROGRAM.
(a) Requirement for Study.--The Secretary of the Army shall
study the feasibility and the costs and benefits of providing
for the participation of a second source in the production of
gears for the helicopter transmissions incorporated into CH-
47 helicopters being procured by the Army with funds
authorized to be appropriated by this Act.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report on
the results of the study to Congress.
______
SA 772. Mr. GRASSLEY (for himself, Mr. Harkin, and Mr. Durbin)
submitted an amendment intended to be proposed by him to the bill S.
1050, to authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; which was ordered to lie on the table; as follows:
On page 83, between lines 5 and 6, insert the following:
SEC. 370. PILOT PROGRAM TO CONSOLIDATE AND IMPROVE
AUTHORITIES FOR ARMY WORKING-CAPITAL FUNDED
FACILITIES TO ENGAGE IN PUBLIC-PRIVATE
PARTNERSHIPS.
(a) Authority.--Chapter 433 of title 10, United States
Code, is amended by adding at the end the following new
section:
Sec. 4544. Army industrial facilities: public-private
partnerships for Ground Systems Industrial Enterprise
``(a) Pilot Program Authority for Public-Private
Partnerships.--During fiscal years 2004 through 2008, the
head of a Ground Systems Industrial Enterprise of the
Department of the Army may enter into cooperative
arrangements with non-Army entities to carry out military or
commercial projects with the non-Army entities. A cooperative
arrangement under this section shall be known as a `public-
private partnership'.
``(b) Ground Systems Industrial Enterprises.--(1) The
Secretary of the Army shall initially designate as members of
the Ground Systems Industrial Enterprise the following Army
facilities:
``(A) Rock Island Arsenal, Illinois.
``(B) Watervliet Arsenal, New York.
``(C) Anniston Army Depot, Alabama.
``(D) Red River Army Depot, Texas.
``(E) Sierra Army Depot, California.
``(F) Lima Army Tank Plant, Lima, Ohio.
``(2) The Secretary may designate additional working-
capital funded Army industrial facilities as participants in
the Ground Systems Industrial Enterprise or may terminate
such a designation as a result of an Army reorganization or
realignment.
``(c) Authorized Partnership Activities.--A public-private
partnership entered into by an Enterprise facility may,
subject to subsection (d), engage in any of the following
activities:
``(1) The sale of articles manufactured by the facility or
services performed by the facility to persons outside the
Department of Defense.
``(2) The performance of--
``(A) work by a non-Army entity at the facility; or
``(B) work for a non-Army entity by the facility.
``(3) The sharing of work by the facility and one or more
non-Army entities.
``(4) The leasing, or use under a facilities use contract
or otherwise, of the facility (including excess capacity) or
equipment (including excess equipment) of the facility by a
non-Army entity.
``(5) The preparation and submission of joint offers by the
facility and one or more non-Army entities for competitive
procurements entered into with a department or agency of the
United States.
``(6) Any other cooperative effort by the facility and one
or more non-Army entities that the Secretary determines
appropriate, whether or not the effort is similar to an
activity described in another paragraph of this subsection.
``(d) Conditions for Public-Private Partnerships.--An
activity described in subsection (c) may be carried out as a
public-private partnership of an Enterprise facility only
under the following conditions:
``(1) In the case of an article to be manufactured or
services to be performed by the facility, the articles can be
substantially manufactured, or the services can be
substantially performed, by the facility without
subcontracting for more than incidental performance.
``(2) The activity does not interfere with performance of--
``(A) work by the facility for the Department of Defense or
for a contractor of the Department of Defense; or
``(B) a military mission of the facility.
``(3) The activity meets one of the following objectives:
``(A) Maximize utilization of the capacity of the facility.
``(B) Reduce or eliminate the cost of ownership of the
facility.
``(C) Preserve skills or equipment related to a core
competency of the facility.
``(4) The non-Army entity partner or purchaser agrees to
hold harmless and indemnify the United States from any
liability or claim for damages or injury to any person or
property, including any damages or injury arising out of a
decision by the Secretary of the Army or the Secretary of
Defense to suspend or terminate a public-private partnership,
or any portion thereof, during a war or national emergency,
except--
``(A) in any case of willful misconduct or gross negligence
on the part of an officer or employee of the United States;
and
``(B) in the case of a claim by a purchaser of articles or
services under this section that damages or injury arose from
the failure of the Government to comply with quality or cost
performance requirements in the contract to provide the
articles or services.
``(e) Methods of Public-Private Partnerships.--To conduct
an activity of a public-private partnership under this
section, the head of an Enterprise facility may, in the
exercise of good business judgment--
``(1) enter into a public-private partnership on an
exclusive basis;
``(2) enter into a firm, fixed-price contract (or, if
agreed to by the purchaser, a cost reimbursement contract)
for a sale of articles or services or use of equipment or
facilities;
``(3) enter into a multiyear contract establishing the
public-private partnership for any period determined by the
head of the facility to be consistent with the needs of the
facility, but not to extend beyond September 30, 2008;
``(4) charge a partner the variable costs associated with
providing the articles, services, equipment or facilities;
``(5) authorize a partner to use incremental funding to pay
for the articles, services, or use of equipment or
facilities;
``(6) accept payment-in-kind;
``(7) perform a reasonable amount of work in advance of
receipt of payment; and
``(8) develop and maintain working capital to be available
for paying design costs, planning costs, procurement costs,
capital investment items, and other costs associated with the
partnership.
``(f) Deposit of Proceeds.--The proceeds of sales and
articles and services of an Enterprise facility under this
section shall be credited to the working-capital fund or
funds or the appropriation used for paying the costs of
manufacturing the articles or performing the services.
[[Page S6880]]
``(g) Approval of Sales.--The authority of an Enterprise
facility to conduct a public-private partnership under this
section shall be exercised at the level of the commander of
the major subordinate command of the Army that has
responsibility for the facility. The commander may approve
such partnership on a case basis or a class basis.
``(h) Relationship to other laws.--(1) Nothing in this
section shall be construed to affect the applicability of--
``(A) foreign military sales and the export controls
provided for in sections 30 and 38 of the Arms Export Control
Act (22 U.S.C. 2770 and 2778) to activities of a public-
private partnership under this section; and
``(B) section 2667 of this title to leases of non-excess
property in the administration of a public-private
partnership under this section.
``(2) Section 1341 of title 31 does not apply in the case
of a transaction entered into under the authority of this
section for an activity of a public-private partnership.
``(3) Enterprise facilities shall use the authority under
this section for the establishment and operation of a public-
private partnership instead of the authorities under sections
2563, 2208(h), 2208(j), and 2474 of this title.
``(i) Definitions.--In this section:
``(1) The term `Army industrial facility' includes an
arsenal, a depot, and a manufacturing plant.
``(2) The term `Enterprise facility' means an Army
industrial facility designated as a member of the Ground
Systems Industrial Enterprise under subsection (b).
``(3) The term `non-Army entity' includes the following:
``(A) An entity in industry or commercial sales.
``(B) A State or political subdivision of a State.
``(C) An institution of higher education and a vocational
training institution.
``(4) The term `incremental funding' means a series of
partial payments that--
``(A) are made as the work on manufacture of articles is
being performed or services are being performed or equipment
or facilities are used, as the case may be; and
``(B) result in full payment being completed as the
required work is being completed.
``(5) The term `variable costs' means the costs that are
expected to fluctuate directly with the volume of sales or
services provided or the use of equipment or facilities.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4544. Army industrial facilities: public-private partnerships for
Ground Systems Industrial Enterprise.''.
______
SA 773. Mr. SMITH (for himself, Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill S. 1050, to authorize
appropriations for fiscal year 2004 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 41, line 7, strike ``$4,405,646,000'' and insert
``$396,646,000''.
On page 355, insert ``(a) In General.--'' before ``There
are''.
On page 355, line 15, strike ``$276,779,000'' and insert
``$285,779,000''.
On page 355, after line 23, add the following:
(b) Total Project Authorization Amount for Certain Army
National Guard Project.--The authorized project amount for
the Armed Forces Reserve Complex Center, Eugene, Oregon, for
which $9,000,000 is authorized to be appropriated by
subsection (a)(1)(A), is $27,051,000.
______
SA 774. Mr. HARKIN proposed an amendment to the bill S. 1050, to
authorize for fiscal year 2004 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 44, between lines 18 and 19, insert the following:
SEC. 313. INVENTORY MANAGEMENT.
(a) Limitation on Purchase of Excess Inventory.--(1)
Subject to paragraph (4), no funds authorized to be
appropriated by this Act may be obligated or expended for
purchasing items for a secondary inventory of the Department
of Defense that would exceed the requirement objectives for
that inventory of such items.
(2) The Secretary of Defense shall, within 30 days after
the date of the enactment of this Act, review all pending
orders for the purchase of items for a secondary inventory of
the Department of Defense in excess of the applicable
requirement objectives for the inventory of such items, and
shall ensure compliance with the limitation in paragraph (1)
with respect to such items.
(3) The Secretary shall, within 30 days after the date on
which a requirement objective for an item in a secondary
inventory of the Department of Defense is reduced, review all
pending orders for the purchase of that item and ensure
compliance with the limitation in paragraph (1) with respect
to that item.
(4) The Secretary may waive the limitation in paragraph (1)
in the case of an order for the purchase of an item upon
determining and executing a certification that compliance
with the limitation in such case--
(A) would not result in significant savings; or
(B) would harm a national security interest of the United
States.
(b) Reduction of Excess Inventory.--(1) No funds authorized
to be appropriated by this Act may be obligated or expended
after March 31, 2004, to maintain or store an inventory of
items for the Department of Defense that exceeds the approved
acquisition objectives for such inventory of items unless the
Secretary of Defense determines that disposal of the excess
inventory--
(A) would not result in significant savings; or
(B) would harm a national security interest of the United
States.
(2) Not later than January 1, 2004, the Secretary shall
establish consistent standards and procedures, applicable
throughout the Department of Defense, for ensuring compliance
with the limitation in paragraph (1).
(c) Report on Inventory Management.--(1) Not later than
March 31, 2004, the Secretary of Defense shall submit to
Congress a report on--
(A) the administration of this section; and
(B) the implementation of all recommendations of the
Comptroller General for Department of Defense inventory
management that the Comptroller General determines are not
fully implemented.
(2) The Comptroller General shall review the report
submitted under paragraph (1) and submit to Congress any
comments on the report that the Comptroller General considers
appropriate.
______
SA 775. Ms. MIKULSKI submitted an amendment intended to be proposed
by her to the bill S. 1050, to authorize for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 169, between lines 5 and 6, insert the following:
(d) Integrated Healing Care Practices.--(1) The Secretary
of Defense and the Secretary of Veterans Affairs may, acting
through the Department of Veterans Affairs-Department of
Defense Joint Executive Committee, conduct a program to
develop and evaluate integrated healing care practices for
members of the Armed Forces and veterans.
(2) Amounts authorized to be appropriated by section
301(21) for the Defense Health Program may be available for
the program under paragraph (1).
______
SA 776. Mr. BENNETT (for himself, Mr. Reid, and Mr. Allen) proposed
an amendment to the bill S. 1050, to authorize for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1039. REPEAL OF MTOPS REQUIREMENT FOR COMPUTER EXPORT
CONTROLS.
(a) Repeal.--Subtitle B of title XII of, and section 3157
of, the National Defense Authorization Act for Fiscal Year
1998 (50 U.S.C. App. 2404 note) are repealed.
(b) Consultation Required.--Before implementing any
regulations relating to an export administration system for
high-performance computers, the President shall consult with
the following congressional committees:
(1) The Select Committee on Homeland Security, the
Committee on Armed Services, and the Committee on
International Relations of the House of Representatives.
(2) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(c) Report.--Not later than 30 days after implementing any
regulations described in subsection (b), the President shall
submit to Congress a report that--
(1) identifies the functions of the Secretary of Commerce,
Secretary of Defense, Secretary of Energy, Secretary of
State, Secretary of Homeland Security, and any other relevant
national security or intelligence agencies under the export
administration system embraced by those regulations; and
(2) explains how the export administration system will
effectively advance the national security objectives of the
United States.
______
SA 777. Mr. VOINVICH (for himself and Mr. DeWine) submitted an
amendment intended to be proposed by him
[[Page S6881]]
to the bill S. 1050, to authorize for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; which was ordered to lie on the table; as follows:
On page 103, between lines 18 and 19, insert the following:
``(3) The requirement for the payment of costs and fees of
instruction under paragraph (1) shall also apply with respect
to instruction provided at the Air Force Institute of
Technology, except that, for the purpose of this paragraph,
any reference in paragraph (1) to the Naval Postgraduate
School shall be treated as a reference to the Air Force
Institute of Technology.
______
SA 778. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 155, between lines 10 and 11, insert the following:
SEC. 644. ELIGIBILITY OF RESERVES FOR SPECIAL COMPENSATION
FOR CERTAIN COMBAT-RELATED DISABLED UNIFORMED
SERVICES RETIREES.
(a) Eligibility.--Section 1413a(c) of title 10, United
States Code, is amended to read as follows:
``(c) Eligible Retirees.--(1) For purposes of this section,
an eligible combat-related disabled uniformed services
retiree referred to in subsection (a) is a member of the
uniformed services entitled to retired pay who has a
qualifying combat-related disability, except as provided in
paragraph (2).
``(2) For purposes of this section, a member is not an
eligible combat-related disabled uniformed services retiree
referred to in subsection (a) if the member--
``(A) was retired under chapter 61 of this title with less
than 20 years of service creditable under section 1405 of
this title when so retired; or
``(B) was retired under section 4403 of the Defense
Conversion, Reinvestment, and Transition Assistance Act of
1992 (division D of Public Law 102-484; 10 U.S.C. 1293
note).''.
(b) Effective Date and Applicability.--The amendment made
by subsection (a) shall take effect on October 1, 2003, and
shall apply with respect to months beginning on or after that
date.
______
SA 778. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
Strike section 1035 and insert the following:
SEC. 1035. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
SECURITY AGENCY.
(a) Consolidation of Current Provisions on Protection of
Operational Files.--The National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by transferring sections 105C
and 105D to the end of title VII and redesignating such
sections, as so transferred, as sections 703 and 704,
respectively.
(b) Protection of Operational Files of NSA.--Title VII of
such Act, as amended by subsection (a), is further amended by
adding at the end the following new section:
``operational files of the national security agency
``Sec. 705. (a) Exemption of Certain Operational Files From
Search, Review, Publication, or Disclosure.--(1) Operational
files of the National Security Agency (hereafter in this
section referred to as `NSA') may be exempted by the Director
of NSA, in coordination with the Director of Central
Intelligence, from the provisions of section 552 of title 5,
United States Code, which require publication, disclosure,
search, or review in connection therewith.
``(2)(A) In this section, the term `operational files'
means--
``(i) files of the Signals Intelligence Directorate, and
its successor organizations, which document the means by
which foreign intelligence or counterintelligence is
collected through technical systems; and
``(ii) files of the Research Associate Directorate, and its
successor organizations, which document the means by which
foreign intelligence or counterintelligence is collected
through scientific and technical systems.
``(B) Files which are the sole repository of disseminated
intelligence, and files that have been accessioned into NSA
Archives, or its successor organizations, are not operational
files.
``(3) Notwithstanding paragraph (1), exempted operational
files shall continue to be subject to search and review for
information concerning--
``(A) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a
of title 5, United States Code;
``(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
``(C) the specific subject matter of an investigation by
any of the following for any impropriety, or violation of
law, Executive order, or Presidential directive, in the
conduct of an intelligence activity:
``(i) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
``(ii) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
``(iii) The Intelligence Oversight Board.
``(iv) The Department of Justice.
``(v) The Office of General Counsel of NSA.
``(vi) The Office of the Inspector General of the
Department of Defense.
``(vii) The Office of the Director of NSA.
``(4)(A) Files that are not exempted under paragraph (1)
which contain information derived or disseminated from
exempted operational files shall be subject to search and
review.
``(B) The inclusion of information from exempted
operational files in files that are not exempted under
paragraph (1) shall not affect the exemption under paragraph
(1) of the originating operational files from search, review,
publication, or disclosure.
``(C) The declassification of some of the information
contained in exempted operational files shall not affect the
status of the operational file as being exempt from search,
review, publication, or disclosure.
``(D) Records from exempted operational files which have
been disseminated to and referenced in files that are not
exempted under paragraph (1), and which have been returned to
exempted operational files for sole retention shall be
subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded
except by a provision of law which is enacted after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2004, and which specifically cites and
repeals or modifies such provisions.
``(6)(A) Except as provided in subparagraph (B), whenever
any person who has requested agency records under section 552
of title 5, United States Code, alleges that NSA has withheld
records improperly because of failure to comply with any
provision of this section, judicial review shall be available
under the terms set forth in section 552(a)(4)(B) of title 5,
United States Code.
``(B) Judicial review shall not be available in the manner
provided for under subparagraph (A) as follows:
``(i) In any case in which information specifically
authorized under criteria established by an Executive order
to be kept secret in the interests of national defense or
foreign relations is filed with, or produced for, the court
by NSA, such information shall be examined ex parte, in
camera by the court.
``(ii) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely
in exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
``(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NSA shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating
to the court by sworn written submission that exempted
operational files likely to contain responsible records
currently perform the functions set forth in paragraph (2).
``(II) The court may not order NSA to review the content of
any exempted operational file or files in order to make the
demonstration required under subclause (I), unless the
complainant disputes NSA's showing with a sworn written
submission based on personal knowledge or otherwise
admissible evidence.
``(v) In proceedings under clauses (iii) and (iv), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules 26 and
36.
``(vi) If the court finds under this paragraph that NSA has
improperly withheld requested records because of failure to
comply with any provision of this subsection, the court shall
order NSA to search and review the appropriate exempted
operational file or files for the requested records and make
such records, or portions thereof, available in
accordance with the provisions of section 552 of title 5,
United States Code, and such order shall be the exclusive
remedy for failure to comply with this subsection.
``(vii) If at any time following the filing of a complaint
pursuant to this paragraph NSA agrees to search the
appropriate exempted operational file or files for the
requested records, the court shall dismiss the claim based
upon such complaint.
``(viii) Any information filed with, or produced for the
court pursuant to clauses (i)
[[Page S6882]]
and (iv) shall be coordinated with the Director of Central
Intelligence before submission to the court.
``(b) Decennial Review of Exempted Operational Files.--(1)
Not less than once every 10 years, the Director of the
National Security Agency and the Director of Central
Intelligence shall review the exemptions in force under
subsection (a)(1) to determine whether such exemptions may be
removed from a category of exempted files or any portion
thereof. The Director of Central Intelligence must approve
any determination to remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public
interest in the subject matter of a particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
``(3) A complainant that alleges that NSA has improperly
withheld records because of failure to comply with this
subsection may seek judicial review in the district court of
the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding,
the court's review shall be limited to determining the
following:
``(A) Whether NSA has conducted the review required by
paragraph (1) before the expiration of the 10-year period
beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2004 or before the
expiration of the 10-year period beginning on the date of the
most recent review.
``(B) Whether NSA, in fact, considered the criteria set
forth in paragraph (2) in conducting the required review.''.
(c) Conforming Amendments.--(1) Section 701(b) of the
National Security Act of 1947 (50 U.S.C. 431(b)) is amended
by striking ``For purposes of this title'' and inserting ``In
this section and section 702,''.
(2) Section 702(c) of such Act (50 U.S.C. 432(c)) is
amended by striking ``enactment of this title'' and inserting
``October 15, 1984,''.
(3)(A) The title heading for title VII of such Act is
amended to read as follows:
``TITLE VII--PROTECTION OF OPERATIONAL FILES''.
(B) The section heading for section 701 of such Act is
amended to read as follows:
``protection of operational files of the central intelligence agency''.
(C) The section heading for section 702 of such Act is
amended to read as follows:
``decennial review of exempted central intelligence agency operational
files.''.
(d) Clerical Amendments.--The table of contents for the
National Security Act of 1947 is amended--
(1) by striking the items relating to sections 105C and
105D; and
(2) by striking the items relating to title VII and
inserting the following new items:
``Title VII--Protection of Operational Files
``Sec. 701. Protection of operational files of the Central Intelligence
Agency.
``Sec. 702. Decennial review of exempted Central Intelligence Agency
operational files.
``Sec. 703. Protection of operational files of the National Imagery and
Mapping Agency.
``Sec. 704. Protection of operational files of the National
Reconnaissance Office.
``Sec. 705. Protection of operational files of the National Security
Agency.''.
______
SA 778. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 156, after line 20, insert the following:
SEC. 653. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF
NAVY AND MARINE CORPS SELECTED FOR PROMOTION
WHILE INTERNED AS PRISONERS OF WAR DURING WORLD
WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER
PRICE INDEX.
(a) Modification.--Section 667(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-170)
is amended by adding at the end the following new paragraph:
``(3) The amount determined for a person under paragraph
(1) shall be increased to reflect increases in cost of living
since the basic pay referred to in paragraph (1)(B) was paid
to or for that person, calculated on the basis of the
Consumer Price Index (all items--United States city average)
published monthly by the Bureau of Labor Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any
payment of back pay made to or for a person under section 667
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 before the date of the enactment of this
Act, the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the person
is entitled by reason of the amendment made by subsection
(a); and
(2) if the amount of back pay, as so recalculated, exceeds
the amount of back pay so paid, pay the person, or the
surviving spouse of the person, an amount equal to the
excess.
______
SA 781. Mr. DOMENICI submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title II, add the following:
SEC. 213. BORON ENERGY CELL TECHNOLOGY.
(a) Increase in RDT&E, Air Force.--The amount authorized to
be appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force is hereby increased by
$5,000,000.
(b) Availability for Boron Energy Cell Technology.--(1) of
the amount authorized to be appropriated by section 201(3)
for research, development, test, and evaluation for the Air
Force, as increased by subsection (a), $5,000,000 may be
available for research, development, test, and evaluation on
boron energy cell technology.
(2) The amount available under paragraph (1) for the
purpose specified in that paragraph is in addition to any
other amounts available under this Act for that purpose.
(c) Offset from Other Procurement, Army.--The amount
authorized to be appropriated by section 101(5), for other
procurement for the Army is hereby reduced by $5,000,000,
with the amount of the reduction to be allocated to Shelters
for Army Common User Systeme.
______
SA 782. Mr. VOINOVICH submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 155, line 8, strike ``September 11, 2001,'' and
insert ``January 1, 1990,''.
______
SA 783. Mr. McCAIN proposed an amendment to the bill S. 1050, to
authorize appropriations for fiscal year 2004 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
In lieu of the matter proposed to be stricken, insert the
following:
SEC. 833. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT
REQUIREMENTS.
(a) Authority.--Subchapter V of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2539c. Waiver of domestic source or content
requirements
``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any
domestic source requirement or domestic content requirement
referred to in subsection (b) and thereby authorize the
procurement of items that are grown, reprocessed, reused,
produced, or manufactured--
``(1) in a foreign country that has a Declaration of
Principles with the United States;
``(2) in a foreign country that has a Declaration of
Principles with the United States substantially from
components and materials grown, reprocessed, reused,
produced, or manufactured in the United States or any foreign
country that has a Declaration of Principles with the United
States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
[[Page S6883]]
``(c) Applicability.--The authority of the Secretary to
waive the application of a domestic source or content
requirements under subsection (a) applies to the procurement
of items for which the Secretary of Defense determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a Declaration
of Principles with the United States; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items
produced in that country.
``(d) Limitation on Delegation.--The authority of the
Secretary to waive the application of domestic source or
content requirements under subsection (a) may not be
delegated to any officer or employee other than the Under
Secretary of Defense for Acquisition, Technology and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of
the application of a domestic source or content requirement
under subsection (a) only after consultation with the United
States Trade Representative, the Secretary of Commerce, and
the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not
exercise the authority under subsection (a) to waive any
domestic source or content requirement contained in any of
the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The
authority under subsection (a) to waive a domestic source
requirement or domestic content requirement is in addition to
any other authority to waive such requirement.
``(h) Construction With Respect to Later Enacted Laws.--
This section may not be construed as being inapplicable to a
domestic source requirement or domestic content requirement
that is set forth in a law enacted after the enactment of
this section solely on the basis of the later enactment.
``(i) Declaration of Principles.--(1) In this section, the
term `Declaration of Principles' means a written
understanding between the Department of Defense and its
counterpart in a foreign country signifying a cooperative
relationship between the Department and its counterpart to
standardize or make interoperable defense equipment used by
the armed forces and the armed forces of the foreign country
across a broad spectrum of defense activities, including--
``(A) harmonization of military requirements and
acquisition processes;
``(B) security of supply;
``(C) export procedures;
``(D) security of information;
``(E) ownership and corporate governance;
``(F) research and development;
``(G) flow of technical information; and
``(H) defense trade.
``(2) A Declaration of Principles is underpinned by a
memorandum of understanding or other agreement providing for
the reciprocal procurement of defense items between the
United States and the foreign country concerned without
unfair discrimination in accordance with section 2531 of this
title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
______
SA 784. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 226, between the matter following line 14 and line
15, insert the following:
(c) Report on Utilization of Certain Data Extraction and
Exploitation Capabilities.--(1) Not later than 60 days after
the date of the enactment of this Act, the Director of the
National Geospatial-Intelligence Agency shall submit to the
appropriate committees of Congress a report on the status of
the efforts of the Agency to incorporate within the
Commercial Joint Mapping Tool Kit (C/JMTK) applications for
the rapid extraction and exploitation of three-dimensional
geospatial data from reconnaissance imagery.
(2) In this subsection, the term ``appropriate committees
of Congress'' means--
(A) the Committee on Armed Services, the Subcommittee on
Defense of the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Subcommittee on
Defense of the Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
______
SA 785. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
Strike section 852, and insert the following:
SEC. 852. FEDERAL SUPPORT FOR ENHANCEMENT OF STATE AND LOCAL
ANTI-TERRORISM RESPONSE CAPABILITIES.
(a) Procurements of Anti-Terrorism Technologies and
Services by State and Local Governments Through Federal
Contracts.--
(1) Establishment of program.--The President shall
designate an officer or employee of the United States--
(A) to establish, and the designated official shall
establish, a program under which States and units of local
government may procure through contracts entered into by the
designated official anti-terrorism technologies or anti-
terrorism services for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of
terrorism; and
(B) to carry out the SAFER grant program provided for under
subsection (f).
(2) Designated federal procurement official for program.--
In this section, the officer or employee designated by the
President under paragraph (1) shall be referred to as the
``designated Federal procurement official''.
(3) Authorities.--Under the program, the designated Federal
procurement official--
(A) may, but shall not be required to, award contracts
using the same authorities as are provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act (41
U.S.C. 259(b)(3)); and
(B) may make SAFER grants in accordance with subsection
(f).
(4) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government may not be
required to offer such technology or services to a State or
unit of local government under the program.
(b) Responsibilities of the Contracting Official.--In
carrying out the program established under this section, the
designated Federal procurement official shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under
this program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local
government under contracts awarded by the designated
official.
(c) Required Procedures.--The procedures required by
subsection (b)(2) shall implement the following requirements
and authorities:
(1) Submissions by states.--
(A) Requests and payments.--Except as provided in
subparagraph (B), each State desiring to participate in a
procurement of anti-terrorism technologies or anti-terrorism
services through a contract entered into by the designated
Federal procurement official under this section shall submit
to that official in such form and manner and at such times as
such official prescribes, the following:
(i) Request.--A request consisting of an enumeration of the
technologies or services, respectively, that are desired by
the State and units of local government within the State.
(ii) Payment.--Advance payment for each requested
technology or service in an amount determined by the
designated official based on estimated or actual costs of the
technology or service and administrative costs incurred by
such official.
(B) Other contracts.--The designated Federal procurement
official may award and designate contracts under which States
and units of local government may procure anti-terrorism
technologies and anti-terrorism services directly from the
contractors. No indemnification may be provided under Public
Law 85-804 pursuant to an exercise of authority under section
851 for procurements that are made directly between
contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State may establish such procedures as the
Governor considers appropriate for administering and
coordinating requests for anti-terrorism technologies or
anti-terrorism services from units of local government within
the State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall
be responsible for arranging and paying for any shipment or
transportation of the technologies or services, respectively,
to the State and localities within the State.
(d) Reimbursement of Actual Costs.--In the case of a
procurement made by or for a State or unit of local
government under the procedures established under this
section, the designated Federal procurement official shall
require the State or unit of local government to reimburse
the Department for the actual costs it has incurred for such
procurement.
[[Page S6884]]
(e) Time for Implementation.--The catalog and procedures
required by subsection (b) of this section shall be completed
as soon as practicable and no later than 210 days after the
enactment of this Act.
(f) SAFER Grant Program.--
(1) Authority.--The designated Federal procurement official
in cooperation with the Secretary of the Department of
Homeland Security or his designee, is authorized to make
grants to eligible entities for the purpose of supporting
increases in the number of permanent positions for
firefighters in fire services to ensure staffing at levels
and with skill mixes that are adequate emergency response to
incidents or threats of terrorism.
(2) Use of funds.--The proceeds of a SAFER grant to an
eligible entity may be used only for the purpose specified in
paragraph (1).
(3) Duration.--A SAFER grant to an eligible entity shall
provide funding for a period of 4 years. The proceeds of the
grant shall be disbursed to the eligible entity in 4 equal
annual installments.
(4) Non-federal share.--
(A) Requirement.--An eligible entity may receive a SAFER
grant only if the entity enters into an agreement with the
designated Federal procurement official to contribute non-
Federal funds to achieve the purpose of the grant in the
following amounts:
(i) During the second year in which funds of a SAFER grant
are received, an amount equal to 25 percent of the amount of
the SAFER grant funds received that year.
(ii) During the third year in which funds of a SAFER grant
are received, an amount equal to 50 percent of the amount of
the SAFER grant funds received that year.
(iii) During the fourth year in which funds of a SAFER
grant are received, an amount equal to 75 percent of the
amount of the SAFER grant funds received that year.
(B) Waiver.--The designated Federal procurement official
may waive the requirement for a non-Federal contribution
described in subparagraph (A) in the case of any eligible
entity.
(C) Asset forfeiture funds.--An eligible entity may use
funds received from the disposal of property transferred to
the eligible entity pursuant to section 9703(h) of title 31,
United States Code, section 981(e) of title 18, United States
Code, or section 616 of the Tariff Act of 1930 (19 U.S.C.
1616a) to provide the non-Federal share required under
paragraph (1).
(D) BIA funds.--Funds appropriated for the activities of
any agency of a tribal organization or for the Bureau of
Indian Affairs to perform firefighting functions on any
Indian lands may be used to provide the share required under
subparagraph (A), and such funds shall be deemed to be non-
Federal funds for such purpose.
(5) Applications.--
(A) Requirement.--To receive a SAFER grant, an eligible
entity shall submit an application for the grant to the
designated Federal procurement official.
(B) Content.--Each application for a SAFER grant shall
contain, for each fire service covered by the application,
the following information:
(i) A long-term strategy for increasing the force of
firefighters in the fire service to ensure readiness for
appropriate and effective emergency response to incidents or
threats of terrorism.
(ii) A detailed plan for implementing the strategy that
reflects consultation with community groups, consultation
with appropriate private and public entities, and
consideration of any master plan that applies to the eligible
entity.
(iii) An assessment of the ability of the eligible entity
to increase the force of firefighters in the fire service
without Federal assistance.
(iv) An assessment of the levels of community support for
increasing that force, including financial and in-kind
contributions and any other available community resources.
(v) Specific plans for obtaining necessary support and
continued funding for the firefighter positions proposed to
be added to the fire service with SAFER grant funds.
(vi) An assurance that the eligible entity will, to the
extent practicable, seek to recruit and employ (or accept the
voluntary services of) firefighters who are members of racial
and ethnic minority groups or women.
(vii) Any additional information that the designated
Federal procurement official considers appropriate.
(C) Special rule for small communities.--The designated
Federal procurement official may authorize an eligible entity
responsible for a population of less than 50,000 to submit an
application without information required under subparagraph
(B), and may otherwise make special provisions to facilitate
the expedited submission, processing, and approval of an
application by such an entity.
(D) Preferential consideration.--The designated Federal
procurement official may give preferential consideration, to
the extent feasible, to an application submitted by an
eligible entity that agrees to contribute a non-Federal share
higher than the share required under paragraph (4)(A).
(E) Assistance with applications.--The designated Federal
procurement official is authorized to provide technical
assistance to an eligible entity for the purpose of assisting
with the preparation of an application for a SAFER grant.
(6) Special rules on use of funds.--
(A) Supplement not supplant.--The proceeds of a SAFER grant
made to an eligible entity shall be used to supplement and
not supplant other Federal funds, State funds, or funds from
a subdivision of a State, or, in the case of a tribal
organization, funds supplied by the Bureau of Indian Affairs,
that are available for salaries or benefits for firefighters.
(B) Limitation relating to compensation of firefighters.--
(i) In general.--The proceeds of a SAFER grant may not be
used to fund the pay and benefits of a full-time firefighter
if the total annual amount of the pay and benefits for that
firefighter exceeds $100,000. The designated Federal
procurement official may waive the prohibition in the
proceeding sentence in any particular case.
(ii) Adjustment for inflation.--Effective on October 1 of
each year, the total annual amount applicable under
subparagraph (A) shall be increased by the percentage
(rounded to the nearest one-tenth of one percent) by which
the Consumer Price Index for all-urban consumers published by
the Department of Labor for July of such year exceeds the
Consumer Price Index for all-urban consumers published by the
Department of Labor for July of the preceding year. The first
adjustment shall be made on October 1, 2004.
(7) Performance evaluation.--
(A) Requirement for information.--The designated Federal
procurement official shall evaluate, each year, whether an
entity receiving SAFER grant funds in such year is
substantially complying with the terms and conditions of the
grant. The entity shall submit to the designated Federal
procurement official any information that the designated
Federal procurement official requires for that year for the
purpose of the evaluation.
(B) Revocation or suspension of funding.--If the designated
Federal procurement official determines that a recipient of a
SAFER grant is not in substantial compliance with the terms
and conditions of the grant the designated Federal
procurement official may revoke or suspend funding of the
grant.
(8) Access to documents.--
(A) Audits by designated Federal procurement official.--The
designated Federal procurement official shall have access for
the purpose of audit and examination to any pertinent books,
documents, papers, or records of an eligible entity that
receives a SAFER grant.
(B) Audits by the comptroller general.--Subparagraph (A)
shall also apply with respect to audits and examinations
conducted by the Comptroller General of the United States or
by an authorized representative of the Comptroller General.
(9) Termination of safer grant authority.--
(A) In general.--The authority to award a SAFER grant shall
terminate at the end of September 30, 2010.
(B) Report to congress.--Not later than two years after the
date of the enactment of this Act, the designated Federal
procurement official shall submit to Congress a report on the
SAFER grant program under this section. The report shall
include an assessment of the effectiveness of the program for
achieving its purpose, and may include any recommendations
that the designated Federal procurement official has for
increasing the forces of firefighters in fire services.
(10) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity'' means--
(i) a State;
(ii) a subdivision of a State;
(iii) a tribal organization;
(iv) any other public entity that the designated Federal
procurement official determines appropriate for eligibility
under this section; and
(v) a multijurisdictional or regional consortium of the
entities described in clauses (i) through (iv).
(B) Firefighter.--The term ``firefighter'' means an
employee or volunteer member of a fire service, including a
firefighter, paramedic, emergency medical technician, rescue
worker, ambulance personnel, or hazardous materials worker,
who--
(i) is trained in fire suppression and has the legal
authority and responsibility to engage in fire suppression;
or
(ii) is engaged in the prevention, control, and
extinguishment of fires or response to emergency situations
where life, property, or the environment is at risk.
(C) Fire service.--The term ``fire service'' includes an
organization described in section 4(5) of the Federal Fire
Prevention and Control Act of 1974 that is under the
jurisdiction of a tribal organization.
(D) Master plan.--The term ``master plan'' has the meaning
given the term in section 10 of the Federal Fire Prevention
and Control Act of 1974.
(E) SAFER grant.--The term `SAFER grant' means a grant of
financial assistance under this subsection.
(F) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(11) Authorization of appropriations.--There are authorized
to be appropriated for the purpose of carrying out this
section such sums as may be necessary from the Department of
Homeland Security, up to--
(A) $1,000,000,000 for fiscal year 2004;
(B) $1,030,000,000 for fiscal year 2005;
(C) $1,061,000,000 for fiscal year 2006;
(D) $1,093,000,000 for fiscal year 2007;
[[Page S6885]]
(E) $1,126,000,000 for fiscal year 2008;
(F) $1,159,000,000 for fiscal year 2009; and
(G) $1,194,000,000 for fiscal year 2010.
______
SA 786. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle C of title XXVIII, add the following
new section:
SEC. 2825. FEASIBILITY STUDY OF CONVEYANCE OF LOUISIANA ARMY
AMMUNITION PLANT, DOYLINE, LOUISIANA.
(a) Study Authorized.--(1) The Secretary of the Army may
undertake a study of the feasibility, costs, and benefits for
the conveyance of the Louisiana Army Ammunition Plant as a
model for a public-private partnership for the utilization
and development of the Plant and similar parcels of real
property.
(2) In conducting the study, the Secretary shall consider--
(A) the feasibility and advisability of entering into
negotiations with the State of Louisiana or the Louisiana
National Guard for the conveyance of the Plant;
(B) means by which the conveyance of the Plant could--
(i) facilitate the execution by the Department of Defense
of its national security mission;
(ii) facilitate the continued use of the Plant by the
Louisiana National Guard and the execution by the Louisiana
National Guard of its national security mission; and
(iii) benefit current and potential civilian and
governmental tenants of the Plant and facilitate the
contribution of such tenants to economic development in
Northwestern Louisiana;
(C) the amount and type of consideration that is
appropriate for the conveyance of the Plant;
(D) the extent to which the conveyance of the Plant to a
public-private partnership will contribute to economic
growth;
(E) the need and advisability of continuing in force
agreements between the Army and the contractor operating the
facility;
(F) the value of any mineral rights in the lands of the
Plant;
(G) the advisability of sharing revenues and rents paid by
current and potential tenants of the Plant as a result of the
Armament Retooling and Manufacturing Support Program; and
(H) the need for continuing access to the Plant by the Army
Joint Munitions Command after the conveyance of the Plant.
(a) Louisiana Army Ammunition Plant.--In this section, the
term ``Louisiana Army Ammunition Plant'' means the Louisiana
Army Ammunition Plant in Doyline, Louisiana, consisting of
approximately 14,949 acres, of which 13,665 acres are under
license to the Military Department of the State of Louisiana
and 1,284 acres are used by the Army Joint Munitions Command.
______
SA 787. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title II, add the following:
SEC. 213. NON-THERMAL IMAGING SYSTEMS.
(a) Availability of Funds.--Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy and available for Power
Projection Applied Research (PE 602114N), $2,000,000 may be
available for non-thermal imaging systems.
(b) Supplement Not Supplant.--The amount available under
subsection (a) for the purpose specified in that subsection
is in addition to any other amounts available under this Act
for that purpose.
______
SA 788. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title III, add the following:
SEC. 313. INFORMATION OPERATIONS SUSTAINMENT FOR LAND FORCES
READINESS OF ARMY RESERVE.
(a) Increase in Authorization of Appropriations for Army
Reserve.--The amount authorized to be appropriated by section
301(6) for operation and maintenance for the Army Reserve is
hereby increased by $3,000,000.
(b) Availability for Information Operations Sustainment.--
(1) Of the amount authorized to be appropriated by section
301(6) for operation and maintenance for the Army Reserve, as
increased by subsection (a), $3,000,000 may be available for
Information Operations (Account #19640) for Land Forces
Readiness-Information Operations Sustainment.
(2) The amount available under paragraph (1) for the
purpose specified in that paragraph is in addition to any
other amounts available under this Act for that purpose.
(c) Offset.--The amount authorized to be appropriated by
section 301(1) for operation and maintenance for the Army is
hereby reduced by $3,000,000.
______
SA 789. Mr. BUNNING submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1039. SENSE OF SENATE ON DEPLOYMENT OF AIRBORNE CHEMICAL
AGENT MONITORING SYSTEMS AT CHEMICAL STOCKPILE
DISPOSAL SITES IN THE UNITED STATES.
(a) Findings.--The Senate makes the following findings:
(1) Millions of assembled chemical weapons from rockets,
land mines, fuses, explosives, propellants, chemical agents,
shipping and firing tubes, packaging materials, and similar
material are stockpiled at chemical agent disposal facilities
and depots sites across the United States.
(2) Some of these weapons are filled with nerve agents,
such as GB and VX and blister agents such as HD (mustard
agent).
(3) Hundreds of thousands of United States citizens live in
the vicinity of these chemical weapons stockpile sites and
depots.
(4) The airborne chemical agent monitoring systems at these
sites are inefficient or outdated compared to newer and
advanced technologies on the market.
(b) Sense of Senate.--It is the sense of the Senate that
the Secretary of the Army should develop and deploy a program
to upgrade the airborne chemical agent monitoring systems at
all chemical stockpile disposal sites across the United
States in order to achieve the broadest possible protection
of the general public, personnel involved in the chemical
demilitarization program, and the environment.
______
SA 790. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
In section 3131, add at the end the following:
(c) Report.--(1) Not later than March 1, 2004, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy shall jointly submit to Congress a report
assessing whether the repeal of section 3136 of the National
Defense Authorization Act for Fiscal Year 1994, will affect
the non-proliferation goals, objectives, programs, and
activities of the United States and what actions if any the
United States can and should take to minimize any negative
effects.
(2) The report shall be submitted in unclassified form, but
may include a classified annex if necessary.
______
SA 791. Mr. DASCHLE (for himself and Mr. Johnson) submitted an
amendment intended to be proposed by him to the bill S. 1050, to
authorize for fiscal year 2004 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 21, after line 20, insert the following:
SEC. 132. B-1B BOMBER AIRCRAFT.
(a) Amount for Aircraft.--(1) Of the amount authorized to
be appropriated under section 103(1), $20,300,000 shall be
available to reconstitute the fleet of B-1B bomber aircraft
through modifications of 23 B-1B bomber aircraft otherwise
scheduled to be retired in fiscal year 2003 that extend the
service life of such aircraft and maintain or, as necessary,
improve the capabilities of such aircraft for mission
performance.
(2) The Secretary of the Air Force shall submit to the
congressional defense committees a report that specifies the
amounts necessary to be included in the future-years defense
program to reconstitute the B-1B bomber aircraft fleet of the
Air Force.
[[Page S6886]]
(b) Adjustment.--(1) The total amount authorized to be
appropriated under section 103(1) is hereby increased by
$20,300,000.
(2) The total amount authorized to be appropriated under
section 104 is hereby reduced by $20,300,000, with the amount
of the reduction to be allocated to SOF operational
enhancements.
______
SA 792. Mr. WARNER proposed an amendment to the bill S. 1050, to
authorize appropriations for fiscal year 2004 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
On page 25, between lines 11 and 12, insert the following:
SEC. 213. AMOUNT FOR JOINT ENGINEERING DATA MANAGEMENT
INFORMATION AND CONTROL SYSTEM.
(a) Navy RDT&E.--The amount authorized to be appropriated
under section 201(2) is hereby increased by $2,500,000. Such
amount may be available for the Joint Engineering Data
Management Information and Control System (JEDMICS).
(b) Navy Procurement.--The amount authorized to be
appropriated under section 102(a)(4) is hereby reduced by
$2,500,000, to be derived from the amount provided for the
Joint Engineering Data Management Information and Control
System (JEDMICS).
______
SA 793. Mr. LEVIN (for Mr. Wyden (for himself, Ms. Collins, Mrs.
Clinton, Mr. Byrd, and Mr. Lautenberg)) proposed an amendment to the
bill S. 1050, to authorize appropriations for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 273, between lines 20 and 21, insert the following:
(d) Reporting Requirement Relating to Noncompetitive
Contracting for the Reconstruction of Infrastructure of
Iraq.--(1) If a contract for the maintenance, rehabilitation,
construction, or repair of infrastructure in Iraq is entered
into under the oversight and direction of the Secretary of
Defense or the Office of Reconstruction and Humanitarian
Assistance in the Office of the Secretary of Defense without
full and open competition, the Secretary shall publish in the
Federal Register or Commerce Business Daily and otherwise
make available to the public, not later than 30 days after
the date on which the contract is entered into, the following
information:
(i) The amount of the contract.
(ii) A brief description of the scope of the contract.
(iii) A discussion of how the executive agency identified,
and solicited offers from, potential contractors to perform
the contract, together with a list of the potential
contractors that were issued solicitations for the offers.
(iv) The justification and approval documents on which was
based the determination to use procedures other than
procedures that provide for full and open competition.
(B) Subparagraph (A) does not apply to a contract entered
into more than one year after date of enactment.
(2)(A) The head of an executive agency may--
(i) withhold from publication and disclosure under
paragraph (1) any document that is classified for restricted
access in accordance with an Executive order in the interest
of national defense or foreign policy; and
(ii) redact any part so classified that is in a document
not so classified before publication and disclosure of the
document under paragraph (1).
(B) In any case in which the head of an executive agency
withholds information under subparagraph (A), the head of
such executive agency shall make available an unredacted
version of the document containing that information to the
chairman and ranking member of each of the following
committees of Congress:
(i) The Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives.
(ii) The Committees on Appropriations of the Senate and the
House of Representatives.
(iii) Each committee that the head of the executive agency
determines has legislative jurisdiction for the operations of
such department or agency to which the information relates.
(3) This subsection shall apply to contracts entered into
on or after October 1, 2002, except that, in the case of a
contract entered into before the date of the enactment of
this Act, paragraph (1) shall be applied as if the contract
had been entered into on the date of the enactment of this
Act.
(4) Nothing in this subsection shall be construed as
affecting obligations to disclose United States Government
information under any other provision of law.
(5) In this subsection, the terms ``executive agency'' and
``full and open competition'' have the meanings given such
terms in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403).
______
SA 794. Mr. WARNER (for Mr. McCain (for himself and Mr. Bayh))
proposed an amendment to the bill S. 1050, to authorize appropriations
for fiscal year 2004 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:
On page 109, between lines 9 and 10, insert the following:
SEC. 535. FUNDING OF EDUCATION ASSISTANCE ENLISTMENT
INCENTIVES TO FACILITATE NATIONAL SERVICE
THROUGH DEPARTMENT OF DEFENSE EDUCATION
BENEFITS FUND.
(a) In General.--Subsection (j) of section 510 of title 10,
United States Code, is amended to read as follows:
``(j) Funding.--(1) Amounts for the payment of incentives
under paragraphs (1) and (2) of subsection (e) shall be
derived from amounts available to the Secretary of the
military department concerned for the payment of pay,
allowances and other expenses of the members of the armed
force concerned.
``(2) Amounts for the payment of incentives under
paragraphs (3) and (4) of subsection (e) shall be derived
from the Department of Defense Education Benefits Fund under
section 2006 of this title.''.
(b) Conforming Amendments.--Section 2006(b) of such title
is amended--
(1) in paragraph (1), by inserting ``paragraphs (3) and (4)
of section 510(e) and'' after ``Department of Defense
benefits under''; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
``(E) The present value of future benefits payable from the
Fund for educational assistance under paragraphs (3) and (4)
of section 510(e) of this title to persons who during such
period become entitled to such assistance.''.
______
SA 795. Mr. WARNER (for Mr. Roberts) proposed an amendment to the
bill S. 1050, to authorize appropriations for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
On page 81, strike lines 12 and 13, and insert the
following:
SEC. 368. CONTRACTING WITH EMPLOYERS OF PERSONS WITH
DISABILITIES.
On page 82, between lines 19 and 20, insert the following:
(e) Demonstration Projects for Contractors Employing
Persons With Disabilities.--(1) The Secretary of Defense may
carry out two demonstration projects for the purpose of
providing opportunities for participation by severely
disabled individuals in the industries of manufacturing and
information technology.
(2) Under each demonstration project, the Secretary may
enter into one or more contracts with an eligible contractor
for each of fiscal years 2004 and 2005 for the acquisition
of--
(A) aerospace end items or components; or
(B) information technology products or services.
(3) The items, components, products, or services authorized
to be procured under paragraph (2) include--
(A) computer numerically-controlled machining and metal
fabrication;
(B) computer application development, testing, and support
in document management, microfilming, and imaging; and
(C) any other items, components, products, or services
described in paragraph (2) that are not described in
subparagraph (A) or (B).
(4) In this subsection:
(A) The term ``eligible contractor'' means a business
entity operated on a for-profit or nonprofit basis that--
(i) employs not more than 500 individuals;
(ii) employs severely disabled individuals at a rate that
averages not less than 33 percent of its total workforce over
a period prescribed by the Secretary;
(iii) employs each severely disabled individual in its
workforce generally on the basis of 40 hours per week;
(iv) pays not less than the minimum wage prescribed
pursuant to section 6 of the Fair Labor Standards Act of 1938
(29 U.S.C. 206) to the employees who are severely disabled
individuals;
(v) provides for its employees health insurance and a
retirement plan comparable to those provided for employees by
business entities of similar size in its industrial sector or
geographic region; and
(vi) has or can acquire a security clearance as necessary.
(B) The term ``severely disabled individual'' means an
individual with a disability (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102))
who has a severe physical or mental impairment that seriously
limits one or more functional capacities.
______
SA 796. Mr. LEVIN (for Mrs. Feinstein (for herself and Mr. Stevens))
proposed an amendment to the bill S. 1050, to authorize appropriations
for
[[Page S6887]]
fiscal year 2004 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Forces, and for other purposes; as follows:
At the end of subtitle C of title II, add the following:
SEC. 225. PROHIBITION ON USE OF FUNDS FOR NUCLEAR ARMED
INTERCEPTORS IN MISSILE DEFENSE SYSTEMS.
No funds authorized to be appropriated for the Department
of Defense by this Act may be obligated or expended for
research, development, test, and evaluation, procurement, or
deployment of nuclear armed interceptors in a missile defense
system.
______
SA 797. Mr. LEVIN (for Mr. Lieberman) proposed an amendment to the
bill S. 1050, to authorize appropriations for fiscal year 2004 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; as follows:
At the end of subtitle D of title II, add the following:
SEC. 235. DEPARTMENT OF DEFENSE STRATEGY FOR MANAGEMENT OF
ELECTROMAGNETIC SPECTRUM.
(a) In General.--The Secretary of Defense shall--
(1) in accordance with subsection (b), develop a strategy
for the Department of Defense for the management of the
electromagnetic spectrum to improve spectrum access and high-
bandwidth connectivity to military assets.
(2) in accordance with subsection (c), communicate with
civilian departments and agencies of the Federal Government
in the development of the strategy identified in (a)(1).
(b) Strategy for Department of Defense Strategy for
Spectrum Management.--(1) Not later than September 1, 2004,
the Board shall develop a strategy for the Department of
Defense for the management of the electromagnetic spectrum in
order to ensure the development and use of spectrum-efficient
technologies to facilitate the availability of adequate
spectrum for network-centric warfare. The strategy shall
include specific timelines, metrics, plans for implementation
including the implementation of technologies for the
efficient use of spectrum, and proposals for program funding.
(2) In developing the strategy, the Board shall consider
and take into account the research and development program
carried out under section 234.
(3) The Board shall assist in updating the strategy
developed under paragraph (1) on a biennial basis to address
changes in circumstances.
(4) The Board shall communicate with other departments and
agencies of the Federal Government in the development of the
strategy described in subsection (a)(1), representatives of
the military departments, the Federal Communications
Commission, the National Telecommunications and Information
Administration, the Department of Homeland Security, the
Federal Aviation Administration, and other appropriate
departments and agencies of the Federal Government.
(c) Board.--In this section, the term ``Board'' means the
Board of Senior Acquisition Officials as defined in section
822.
______
SA 798. Mr. WARNER proposed an amendment to the bill S. 1050, to
authorize appropriations for fiscal year 2004 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:
On page 322, strike line 8 and all that follows through
page 324, line 10.
On page 326, strike lines 1 through 3.
On page 328, line 21, strike ``(1), (2), and (3)'' and
insert ``(1) and (2)''.
____________________Legislative Activity
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Senate amendment submitted
May 21, 2003
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Senate amendment submitted
May 21, 2003
Floor
Senate amendment proposed (on the floor): Amendment SA 779 proposed by Senator Warner for Senator Allard.(consideration: CR S6837-6838; text: CR S6837-6838)
May 21, 2003
Floor
Senate amendment agreed to: Amendment SA 779 agreed to in Senate by Unanimous Consent.
May 21, 2003
Floor
Amendment SA 779 proposed by Senator Warner for Senator Allard. (consideration: CR S6837-6838; text: CR S6837-6838) To provide a substitute for section 1035, relating to the protection of the operational files of the National Security Agency.
May 21, 2003
Floor
Amendment SA 779 agreed to in Senate by Unanimous Consent.
May 21, 2003