To require the Department of Defense to fully comply with the Competition in Contracting Act for any contract awarded for reconstruction activities in Iraq.

TEXT OF AMENDMENTS

SA 799. Mr. GRAHAM of South Carolina 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. COLLABORATIVE INFORMATION WARFARE NETWORK.

(a) Increase in Research, Development, Test, and
Evaluation, Navy.--The amount authorized to be appropriated
by section 201(2) for research, development, test, and
evaluation for the Navy is hereby increased by $8,000,000.
(b) Availability for Collaborative Information Warfare
Network.--Of the amount authorized to be appropriated by
section 201(2) for research, development, test, and
evaluation for the Navy, as increased by subsection (a),
$8,000,000 may be available for the Collaborative Information
Warfare Network.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for operation and maintenance for the Air
Force is hereby reduced by $8,000,000.
______

SA 800. 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 Operations and Maintenance, Army.--The
amount authorized to be appropriated by section 301(1), for
operations and maintenance for the Army is hereby reduced by
$5,000,000.
______

SA 801. Mrs. FEINSTEIN (for herself, Mr. Reid, and Mrs. Boxer)
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 B of title III, add the following:

SEC. 332. SUBMITTAL OF SURVEY ON PERCHLORATE CONTAMINATION AT
DEPARTMENT OF DEFENSE SITES.

(a) Submittal of Perchlorate Survey.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
committees of Congress the 2001 survey to identify the
potential for perchlorate contamination at all active and
closed Department of Defense sites that was prepared by the
United States Air Force Research Laboratory, Aerospace
Expeditionary Force Technologies Division, Tyndall Air Force
Base and Applied Research Associates.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Energy and Commerce of the House of
Representatives.
______

SA 802. Mr. LOTT 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. COMPOSITE SAIL TEST ARTICLES.

(a) Amount for Articles.--Of the total amount authorized to
be appropriated under section 201(2) for Virginia class
submarine development, $2,000,000 shall be available for the
development and fabrication of composite sail test articles
for incorporation into designs for future submarines.
(b) Adjustments in Authorizations of Appropriations.--(1)
The total amount authorized to be appropriated under section
201(2) is hereby increased by $2,000,000, the additional
amount to be available for Virginia class submarine
development.
(2) The total amount authorized to be appropriated under
section 104 is hereby reduced by $2,000,000, to be derived
from amounts for Special Operations Forces operational
enhancements.
______

SA 803. 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

[[Page S7058]]

for the Armed Forces, and for other purposes; which was ordered to lie
on the table; as follows:

Strike section 852, and insert the following:

SEC. 852. FEDERAL SUPPORT FOR ENHANCEMENT OF STATE AND LOCAL
ANTI-TERRORISM RESPONSE CAPABILITIES.

(a) Procurements of Anti-Terrorism Technologies and
Services by State and Local Governments Through Federal
Contracts.--
(1) Establishment of program.--The President shall
designate an officer or employee of the United States--
(A) to establish, and the designated official shall
establish, a program under which States and units of local
government may procure through contracts entered into by the
designated official anti-terrorism technologies or anti-
terrorism services for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of
terrorism; and
(B) to carry out the SAFER grant program provided for under
subsection (f).
(2) Designated federal procurement official for program.--
In this section, the officer or employee designated by the
President under paragraph (1) shall be referred to as the
``designated Federal procurement official''.
(3) Authorities.--Under the program, the designated Federal
procurement official--
(A) may, but shall not be required to, award contracts
using the same authorities as are provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act (41
U.S.C. 259(b)(3)); and
(B) may make SAFER grants in accordance with subsection
(f).
(4) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government may not be
required to offer such technology or services to a State or
unit of local government under the program.
(b) Responsibilities of the Contracting Official.--In
carrying out the program established under this section, the
designated Federal procurement official shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under
this program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local
government under contracts awarded by the designated
official.
(c) Required Procedures.--The procedures required by
subsection (b)(2) shall implement the following requirements
and authorities:
(1) Submissions by states.--
(A) Requests and payments.--Except as provided in
subparagraph (B), each State desiring to participate in a
procurement of anti-terrorism technologies or anti-terrorism
services through a contract entered into by the designated
Federal procurement official under this section shall submit
to that official in such form and manner and at such times as
such official prescribes, the following:
(i) Request.--A request consisting of an enumeration of the
technologies or services, respectively, that are desired by
the State and units of local government within the State.
(ii) Payment.--Advance payment for each requested
technology or service in an amount determined by the
designated official based on estimated or actual costs of the
technology or service and administrative costs incurred by
such official.
(B) Other contracts.--The designated Federal procurement
official may award and designate contracts under which States
and units of local government may procure anti-terrorism
technologies and anti-terrorism services directly from the
contractors. No indemnification may be provided under Public
Law 85-804 pursuant to an exercise of authority under section
851 for procurements that are made directly between
contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State may establish such procedures as the
Governor considers appropriate for administering and
coordinating requests for anti-terrorism technologies or
anti-terrorism services from units of local government within
the State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall
be responsible for arranging and paying for any shipment or
transportation of the technologies or services, respectively,
to the State and localities within the State.
(d) Reimbursement of Actual Costs.--In the case of a
procurement made by or for a State or unit of local
government under the procedures established under this
section, the designated Federal procurement official shall
require the State or unit of local government to reimburse
the Department for the actual costs it has incurred for such
procurement.
(e) Time for Implementation.--The catalog and procedures
required by subsection (b) of this section shall be completed
as soon as practicable and no later than 210 days after the
enactment of this Act.
(f) SAFER Grant Program.--
(1) Authority.--The designated Federal procurement official
in cooperation with the Secretary of the Department of
Homeland Security or his designee, is authorized to make
grants to eligible entities for the purpose of supporting
increases in the number of permanent positions for
firefighters in fire services to ensure staffing at levels
and with skill mixes that are adequate emergency 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

[[Page S7059]]

supplant other Federal funds, State funds, or funds from a
subdivision of a State, or, in the case of a tribal
organization, funds supplied by the Bureau of Indian Affairs,
that are available for salaries or benefits for firefighters.
(B) Limitation relating to compensation of firefighters.--
(i) In general.--The proceeds of a SAFER grant may not be
used to fund the pay and benefits of a full-time firefighter
if the total annual amount of the pay and benefits for that
firefighter exceeds $100,000. The designated Federal
procurement official may waive the prohibition in the
proceeding sentence in any particular case.
(ii) Adjustment for inflation.--Effective on October 1 of
each year, the total annual amount applicable under
subparagraph (A) shall be increased by the percentage
(rounded to the nearest one-tenth of one percent) by which
the Consumer Price Index for all-urban consumers published by
the Department of Labor for July of such year exceeds the
Consumer Price Index for all-urban consumers published by the
Department of Labor for July of the preceding year. The first
adjustment shall be made on October 1, 2004.
(7) Performance evaluation.--
(A) Requirement for information.--The designated Federal
procurement official shall evaluate, each year, whether an
entity receiving SAFER grant funds in such year is
substantially complying with the terms and conditions of the
grant. The entity shall submit to the designated Federal
procurement official any information that the designated
Federal procurement official requires for that year for the
purpose of the evaluation.
(B) Revocation or suspension of funding.--If the designated
Federal procurement official determines that a recipient of a
SAFER grant is not in substantial compliance with the terms
and conditions of the grant the designated Federal
procurement official may revoke or suspend funding of the
grant.
(8) Access to documents.--
(A) Audits by designated Federal procurement official.--The
designated Federal procurement official shall have access for
the purpose of audit and examination to any pertinent books,
documents, papers, or records of an eligible entity that
receives a SAFER grant.
(B) Audits by the comptroller general.--Subparagraph (A)
shall also apply with respect to audits and examinations
conducted by the Comptroller General of the United States or
by an authorized representative of the Comptroller General.
(9) Termination of safer grant authority.--
(A) In general.--The authority to award a SAFER grant shall
terminate at the end of September 30, 2010.
(B) Report to congress.--Not later than two years after the
date of the enactment of this Act, the designated Federal
procurement official shall submit to Congress a report on the
SAFER grant program under this section. The report shall
include an assessment of the effectiveness of the program for
achieving its purpose, and may include any recommendations
that the designated Federal procurement official has for
increasing the forces of firefighters in fire services.
(10) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity'' means--
(i) a State;
(ii) a subdivision of a State;
(iii) a tribal organization;
(iv) any other public entity that the designated Federal
procurement official determines appropriate for eligibility
under this section; and
(v) a multijurisdictional or regional consortium of the
entities described in clauses (i) through (iv).
(B) Firefighter.--The term ``firefighter'' means an
employee or volunteer member of a fire service, including a
firefighter, paramedic, emergency medical technician, rescue
worker, ambulance personnel, or hazardous materials worker,
who--
(i) is trained in fire suppression and has the legal
authority and responsibility to engage in fire suppression;
or
(ii) is engaged in the prevention, control, and
extinguishment of fires or response to emergency situations
where life, property, or the environment is at risk.
(C) Fire service.--The term ``fire service'' includes an
organization described in section 4(5) of the Federal Fire
Prevention and Control Act of 1974 that is under the
jurisdiction of a tribal organization.
(D) Master plan.--The term ``master plan'' has the meaning
given the term in section 10 of the Federal Fire Prevention
and Control Act of 1974.
(E) SAFER grant.--The term `SAFER grant' means a grant of
financial assistance under this subsection.
(F) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(11) Authorization of Appropriations.--There are authorized
to be appropriated for the purpose of carrying out this
section such sums as may be necessary from the Department of
Homeland Security, up to--
(A) $1,000,000,000 for fiscal year 2004;
(B) $1,030,000,000 for fiscal year 2005;
(C) $1,061,000,000 for fiscal year 2006;
(D) $1,093,000,000 for fiscal year 2007;
(E) $1,126,000,000 for fiscal year 2008;
(F) $1,159,000,000 for fiscal year 2009; and
(G) $1,194,000,000 for fiscal year 2010.
SA 804. Mr. WARNER (for Mr. Smith) proposed an amendment to the bill
S. 1050, to authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:

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

SEC. 2825. LAND EXCHANGE, NAVAL AND MARINE CORPS RESERVE
CENTER, PORTLAND OREGON.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the United Parcel Service, Inc. (in this section
referred to as ``UPS''), any or all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 14 acres in Portland, Oregon, and comprising
the Naval and Marine Corps Reserve Center for the purpose of
facilitating the expansion of the UPS main distribution
complex in Portland.
(b) Property Received in Exchange.--(1) As consideration
for the conveyance under subsection (a), UPS shall --
(A) convey to the United States a parcel of real property
determined to be suitable by the Secretary; and
(B) design, construct, and convey such replacement
facilities on the property conveyed under subparagraph (A) as
the Secretary considers appropriate.
(2) The value of the real property and replacement
facilities received by the Secretary under this subsection
shall be at least equal to the fair market value of the real
property conveyed under subsection (a), as determined by the
Secretary.
(c) Payment of Costs of Conveyance.--(1) The Secretary may
require UPS to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental
documentation, relocation expenses incurred under subsection
(b), and other administrative costs related to the
conveyance. If amounts are collected from UPS in advance of
the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to UPS.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Condition of Conveyance.--The Secretary may not make
the conveyance authorized by subsection (a) until the
Secretary determines that the replacement facilities required
by subsection (b) are suitable and available for the
relocation of the operations of the Naval and Marine Corps
Reserve Center.
(e) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement
to screen the property for other Federal use pursuant to
sections 2693 and 2696 of title 10, United States Code.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under this section
shall be determined by surveys satisfactory to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
______

SA 805. Mr. LEVIN (for Mr. Sarbanes (for himself and Ms. Mikulski))
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 370, between lines 15 and 16, insert the following
new section:

SEC. 2825. LAND CONVEYANCE, FORT RITCHIE, MARYLAND.

(a) Conveyance Authorized.--The Secretary of the Army shall
convey, without consideration, to the PenMar Development
Corporation, a public instrumentality of the State of
Maryland (in this section referred to as the
``Corporation''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, at former Fort Ritchie, Cascade,
Maryland, consisting of approximately 33 acres, that is
currently being leased by the International Masonry Institute
(in this section referred to as the ``Institute''), for the
purpose of enabling the Corporation to sell the property to
the Institute for the economic development of former Fort
Ritchie.
(b) Exemption from Federal Screening Requirement.--The
conveyance authorized

[[Page S7060]]

by subsection (a) shall be exempt from the requirement to
screen the property concerned for further Federal use
pursuant to section 2696 of title 10, United States Code,
under the Defense Base and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) or
under any other applicable law or regulation.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Corporation.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
______

SA 806. Mr. LEVIN (for Mr. BIDEN (for himself and Mr. Carper))
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:

(a) In section 411(a)(5), relating to the authorized
strength for Selected Reserve personnel of the Air National
Guard of the United States as of September 30, 2004, strike
``107,000'' and insert ``107,030''.
(b) The total amount authorized to be appropriated under
section 104 is hereby reduced by $3,300,000, including
$2,100,000 from SOF rotary wing upgrades and $1,200,000 from
SOF operational enhancements.
______

SA 807. Mr. LEVIN (for Mr. Bingaman) 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 II, add the following:

SEC. 213. MAGNETIC LEVITATION.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(3) for
research, development, test, and evaluation for the Air Force
is hereby increased by $2,100,000, with the amount of the
increase to be allocated to Major T&E Investment (PE
0604759F).
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force and available for
Major T&E Investment, as increased by subsection (a),
$2,100,000 may be available for research and development on
magnetic levitation technologies at the high speed test track
at Holloman Air Force Base, New Mexico.
(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(4) for operation and maintenance, Air Force, is
hereby reduced by $2,100,000.
______

SA 808. Mr. WARNER (for Mr. Santorum) 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 subtitle B of title I, add after the subtitle heading
the following:

SEC. 111. RAPID INFUSION PUMPS.

(a) Availability of Funds.--(1) Of the amount authorized to
be appropriated by section 101(5) for other procurement,
Army, $2,000,000 may be available for medical equipment for
the procurement of rapid infusion (IV) pumps.
(2) The total amount authorized to be appropriated under
section 101(5) is hereby increased by $2,000,000.
(b) Offset.--Of the amount authorized to be appropriated by
section 301(1) for operations and maintenance, Army, the
amount available is hereby reduced by $2,000,000.
______

SA 809. Mr. WARNER (for Mr. Santorum) 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 II, add the following:

SEC. 213. PORTABLE MOBILE EMERGENCY BROADBAND SYSTEMS.

(a) Availability of Funds.--(1) Of the amount authorized to
be appropriated by section 201(1) for research, development,
test, and evaluation for the Army, $2,000,000 may be
available for the development of Portable Mobile Emergency
Broadband Systems (MEBS).
(2) The total amount authorized to be appropriated under
section 201(1) is hereby increased by $2,000,000.
(b) Offset.--The amount authorized to be appropriated by
section 104 for Procurement, Defense-wide activities, SOF
Operational Enhancements is hereby reduced by $2,000,000.
______

SA 810. Mr. WARNER (for Mr. Domenici (for himself and Mr. Bingaman))
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 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 Operations and Maintenance, Army.--The
amount authorized to be appropriated by section 301(1), for
operations and maintenance for the Army is hereby reduced by
$5,000,000.
______

SA 811. Mr. WARNER (for himself and Mr. Thomas)) 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 278, beginning on line 16, strike ``FOR ASIA-
PACIFIC CENTER FOR SECURITY STUDIES''.
On page 280, after the matter following line 7, insert the
following:
(c) Acceptance of Guarantees with Gifts in Development of
Marine Corps Heritage Center, Marine Corps Base, Quantico,
Virginia.--(1) The Secretary of the Navy may utilize the
authority in section 6975 of title 10, United States Code,
for purposes of the project to develop the Marine Corps
Heritage Center at Marine Corps Base, Quantico, Virginia,
authorized by section 2884 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001; as enacted into law by Public Law 106-398; 114
Stat. 1654A-440).
(2) The authority in paragraph (1) shall expire on December
31, 2006.
(3) The expiration under paragraph (2) of the authority in
paragraph (1) shall not effect any qualified guarantee
accepted pursuant to such authority for purposes of the
project referred to in paragraph (1) before the date of the
expiration of such authority under paragraph (2).
______

SA 812. Mr. WARNER (for 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:

On page 43, strike lines 4 through 9 and insert the
following:

``SEC. 311. EMERGENCY AND MORALE COMMUNICATIONS PROGRAMS.

(a) Armed Forces Emergency Services.--Of the amount
authorized to be appropriated by section 301(5) for operation
and maintenance for Defense-wide activities, $5,000,000 shall
be made available to the American Red Cross to fund the Armed
Forces Emergency Services.
(b) Department of Defense Morale Telecommunications
Program.--(1) As soon as possible after the date of enactment
of this Act, the Secretary of Defense shall establish and
carry out a program to provide, wherever practicable, prepaid
phone cards, or an equivalent telecommunications benefit
which includes access to telephone service, to members of the
Armed Forces stationed outside the United States who are
directly supporting military operations in Iraq or
Afghanistan (as determined by the Secretary)

[[Page S7061]]

to enable them to make telephone calls to family and friends
in the United States without cost to the member.
(2) The value of the benefit provided by paragraph (1)
shall not exceed $40 per month per person.
(3) The program established by paragraph (1) shall
terminate on September 30, 2004.
(4) In carrying out the program under this subsection, the
Secretary shall maximize the use of existing Department of
Defense telecommunications programs and capabilities, private
entities free or reduced-cost services, and programs to
enhance morale and welfare. In addition, and notwithstanding
any limitation on the expenditure or obligation of
appropriated amounts, the Secretary may use available funds
appropriated to or for the use of the Department of Defense
that are not otherwise obligated or expended to carry out the
program.
(5) The Secretary may accept gifts and donations in order
to defray the costs of the program. Such gifts and donations
may be accepted from foreign governments; foundations or
other charitable organizations, including those organized or
operating under the laws of a foreign country; and any source
in the private sector of the United States or a foreign
country.
(6) The Secretary shall work with telecommunications
providers to facilitate the deployment of additional
telephones for use in calling the United States under the
program as quickly as practicable, consistent with the timely
provision of telecommunications benefits of the program, the
Secretary should carry out this subsection in a manner that
allows for competition in the provision of such benefits.
(7) The Secretary shall not take any action under this
subsection that would compromise the military objectives or
mission of the Department of Defense.
At the appropriate place, insert the following new section:

SEC. ____. AIR FARES FOR MEMBERS OF ARMED FORCES.

It is the sense of the Senate that each United States air
carrier should--
(1) make every effort to allow active duty members of the
armed forces to purchase tickets, on a space-available basis,
for the lowest fares offered for the flights desired, without
regard to advance purchase requirements and other
restrictions; and
(2) offer flexible terms that allow members of the armed
forces on active duty to purchase, modify, or cancel tickets
without time restrictions, fees, or penalties.
At the end of subtitle B of title II, add the following:

SEC. 213. MODIFICATION OF PROGRAM ELEMENT OF SHORT-RANGE AIR
DEFENSE RADAR PROGRAM OF THE ARMY.

The program element of the short-range air defense radar
program of the Army may be modified from Program Element
602303A (Missile Technology) to Program Element 603772A
(Advanced Tactical Computer Science and Sensor Technology).
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 816. Mr. WARNER (for Mr. Bennett) 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 276, between lines 5 and 6, insert the following:

SEC. 1025. STUDY OF BERYLLIUM INDUSTRIAL BASE.

(a) Requirement for Study.--The Secretary of Defense shall
conduct a study of the adequacy of the industrial base of the
United States to meet defense requirements of the United
States for beryllium.
(b) Report.--Not later than January 30, 2004, the Secretary
shall submit a report on the results of the study to
Congress. The report shall contain, at a minimum, the
following information:
(1) A discussion of the issues identified with respect to
the long-term supply of beryllium.
(2) An assessment of the need, if any, for modernization of
the primary sources of production of beryllium.
(3) A discussion of the advisability of, and concepts for,
meeting the future defense requirements of the United States
for beryllium and maintaining a stable domestic industrial
base of sources of beryllium through--
(A) cooperative arrangements commonly referred to as
public-private partnerships;
(B) the administration of the National Defense Stockpile
under the Strategic and Critical Materials Stock Piling Act;
and
(C) any other means that the Secretary identifies as
feasible.
______

SA 817. Mr. WARNER (for Mr. McCain (for himself, Mr. Sessions, Mr.
Graham of South Carolina, 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 310, between lines 9 and 10, insert the following:
(D) A discussion of NATO decisionmaking on the
implementation of the Prague Capabilities Commitment and the
development of the NATO Response Force, including--
(i) an assessment whether the Prague Capabilities
Commitment and the NATO Response Force are the sole
jurisdiction of the Defense Planning Committee, the North
Atlantic Council, or the Military Committee;
(ii) a description of the circumstances which led to the
defense, military, security, and nuclear decisions of NATO on
matters such as the Prague Capabilities Commitment and the
NATO Response Force being made in bodies other than the
Defense Planning Committee;
(iii) a description of the extent to which any member that
does not participate in the integrated military structure of
NATO contributes to each of the component committees of NATO,
including any and all committees relevant to the Prague
Capabilities Commitment and the NATO Response Force;
(iv) a description of the extent to which any member that
does not participate in the integrated military structure of
NATO participates in deliberations and decisions of NATO on
resource policy, contribution ceilings, infrastructure, force
structure, modernization, threat assessments, training,
exercises, deployments, and other issues related to the
Prague Capabilities Commitment or the NATO Response Force;
(v) a description and assessment of the impediments, if
any, that would preclude or limit NATO from conducting
deliberations and making decisions on matters such as the
Prague Capabilities Commitment or the NATO Response Force
solely in the Defense Planning Committee;
(vi) the recommendations of the Secretary of Defense on
streamlining defense, military, and security decisionmaking
within NATO relating to the Prague Capabilities Commitment,
and NATO Response Force, and other matters, including an
assessment of the feasibility and advisability of the greater
utilization of the Defense Planning Committee for such
purposes; and
(vii) if a report under this subparagraph is a report other
than the first report under this subparagraph, the
information submitted in such report under any of clauses (i)
through (vi) may consist solely of an update of any
information previously submitted under the applicable clause
in a preceding report under this subparagraph.
______

SA 818. Mr. LEVIN (for Mrs. Boxer) proposed an amendment to the bill
S. 1050, to authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes; as follows:

At the appropriate place, add the following:
GAO Study.--Not later than April 1, 2004, the Comptroller
General shall submit a report regarding the adequacy of
special pays and allowances for service members who
experience frequent deployments away from their permanent
duty stations for periods less than 30 days. The policies
regarding eligibility for family separation allowance,
including those relating to required duration of absences
from the permanently assigned duty station, should be
assessed.
______

SA 819. 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 NETWORK CENTRIC OPERATIONS.

Of the amount authorized to be appropriated under section
201(1) for historically Black colleges and universities,
$1,000,000 may be used for funding the initiation of a
capability in such institutions to support the network
centric operations of the Department of Defense.
______

SA 820. Mr. WARNER (for Mr. Sessions) 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:

[[Page S7062]]

On page 155, between lines 10 and 11, insert the following:
(c) Death Benefits Study.--(1) It is the sense of Congress
that--
(A) the sacrifices made by the members of the United States
Armed Forces are significant and are worthy of meaningful
expressions of gratitude by the Government of the United
States, especially in cases of sacrifice through loss of
life;
(B) the tragic events of September 11, 2001, and subsequent
worldwide combat operations in the Global War on Terrorism
and in Operation Iraqi Freedom have highlighted the
significant disparity between the financial benefits for
survivors of deceased members of the Armed Forces and the
financial benefits for survivors of civilian victims of
terrorism;
(C) the death benefits system composed of the death
gratuity paid by the Department of Defense to survivors of
members of the Armed Forces, the subsequently established
Servicemembers' Group Life Insurance (SGLI) program, and
other benefits for survivors of deceased members has evolved
over time, but there are increasing indications that the
evolution of such benefits has failed to keep pace with the
expansion of indemnity and compensation available to segments
of United States society outside the Armed Forces, a failure
that is especially apparent in a comparison of the benefits
for survivors of deceased members with the compensation
provided to families of civilian victims of terrorism; and
(D) while Servicemembers' Group Life Insurance (SGLI)
provides an assured source of life insurance for members of
the Armed Forces that benefits the survivors of such members
upon death, the SGLI program requires the members to pay for
that life insurance coverage and does not provide an assured
minimum benefit.
(2) The Secretary of Defense shall carry out a study of the
totality of all current and projected death benefits for
survivors of deceased members of the Armed Forces to
determine the adequacy of such benefits. In carrying out the
study, the Secretary shall--
(A) compare the Federal Government death benefits for
survivors of deceased members of the Armed Forces with
commercial and other private sector death benefits plans for
segments of United States society outside the Armed Forces,
and also with the benefits available under Public Law 107-37
(115 Stat. 219) (commonly known as the ``Public Safety
Officer Benefits Bill'');
(B) assess the personnel policy effects that would result
from a revision of the death gratuity benefit to provide a
stratified schedule of entitlement amounts that places a
premium on deaths resulting from participation in combat or
from acts of terrorism;
(C) assess the adequacy of the current system of Survivor
Benefit Plan annuities and Dependency and Indemnity
Compensation and the anticipated effects of an elimination of
the offset of Survivor Benefit Plan annuities by Dependency
and Indemnity Compensation;
(D) examine the commercial insurability of members of the
Armed Forces in high risk military occupational specialties;
and
(E) examine the extent to which private trusts and
foundations engage in fundraising or otherwise provide
financial benefits for survivors of deceased members of the
Armed Forces.
(3) Not later than March 1, 2004, the Secretary shall
submit a report on the results of the study under paragraph
(2) to the Committees on Armed Services of the Senate and the
House of Representatives. The report shall include the
following:
(A) The assessments, analyses, and conclusions resulting
from the study.
(B) Proposed legislation to address the deficiencies in the
system of Federal Government death benefits for survivors of
deceased members of the Armed Forces that are identified in
the course of the study.
(C) An estimate of the costs of the system of death
benefits provided for in the proposed legislation.
(4) The Comptroller General shall conduct a study to
identify the death benefits that are payable under Federal,
State, and local laws for employees of the Federal
Government, State governments, and local governments. Not
later than November 1, 2003, the Comptroller General shall
submit a report containing the results of the study to the
Committees on Armed Services of the Senate and the House of
Representatives.
______

SA 821. Mr. LEVIN (for Ms. Landrieu (for herself, Mr. Levin, Ms.
Murkowski, and Mr. Breaux)) 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 291, between lines 14 and 15, insert the following:

SEC. 1039. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE
NATIONAL GUARD CHALLENGE PROGRAM.

(a) Maximum Federal Share.--Section 509(d) of title 32,
United States Code, is amended--
(1) by striking paragraphs (1), (2), and (3);
(2) by redesignating paragraph (4) as paragraph (1);
(3) in paragraph (1), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(4) by adding at the end the following new paragraph (2);
``(2) for fiscal year 2004 (notwithstanding paragraph (1)),
65 percent of the costs of operating the State program during
that year.''.
(b) Study.--(1) The Secretary of Defense shall carry out a
study to evaluate (a) the adequacy of the requirement under
section 509(d) of title 32, United States Code, for the
United States to fund 60 percent of the costs of operating a
State program to the National Guard Challenge Program and the
State to fund 40 percent of such costs, and (b) the value of
the challenge program to the Department of Defense.
(2) In carrying out the study under paragraph (1), the
Secretary should identify potential alternatives to the
matching funds structure provided for the National Guard
Challenge Program under section 509(d) of title 32, United
States Code, such as a range of Federal-State matching
ratios, that would provide flexibility in the management of
the program to better respond to temporary fiscal conditions.
(3) The Secretary shall include the results of the study,
including findings, conclusions, and recommendations, in the
next annual report to Congress under section 509(k) of title
32, United States Code, that is submitted to Congress after
the date of the enactment of this Act.
(c) Amount for Federal Assistance.--(1) The amount
authorized to be appropriated under section 301(10) is hereby
increased by $3,000,000.
(2) Of the total amount authorized to be appropriated under
section 301(10), $68,216,000 shall be available for the
National Guard Challenge Program under section 509 of title
32, United States Code.
(3) The total amount authorized to be appropriated under
section 301(4) is hereby reduced by $3,000,000.
______

SA 822. 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 69, line 5, strike ``AIRLIFT''.
On page 70, between the matter following line 9 and line
10, insert the following:
(c) Costs of Goods and Services Provided to Department of
State.--For any fee charged to the Department of Defense by
the Department of State during any year for the maintenance,
upgrade, or construction of United States diplomatic
facilities, the Secretary of Defense may remit to the
Department of State only that portion, if any, of the total
amount of the fee charged for such year that exceeds the
total amount of the costs incurred by the Department of
Defense for providing goods and services to the Department of
State during such year.
______

SA 823. Mr. LEVIN (for Ms. Landrieu (for herself and Mr. Breaux))
proposed an amendment to the bill S. 1050, to authorize appropriations
for fiscal year 2004 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:

At the end of subtitle C of title XXVIII, add the following
new section:

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

(a) Study Required.--(1) The Secretary of the Army shall
conduct 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
(C) evidence presented by the State of Louisiana of the
means by which the conveyance of the Plant could benefit
current and potential private sector 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 evidence presented by the State of Louisiana of the
extent to which the conveyance of the Plant to a public-
private partnership will contribute to economic growth in the
State of Louisiana and in Northwestern Louisiana in
particular;

[[Page S7063]]

(E) the value of any mineral rights in the lands of the
Plant;
(F) 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
(b) Louisiana Army Ammunition Plant.--In this section, the
term ``Louisiana Army Ammunition Plant'' means the Louisiana
Army Ammunition Plant in Doyline, Louisiana, consisting of
approximately 14,949 acres, of which 13,665 acres are under
license to the Military Department of the State of Louisiana
and 1,284 acres are used by the Army Joint Munitions Command.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the study conducted under
subsection (a). The report shall include the results of the
study and any other matters in light of the study that the
Secretary considers appropriate.
______

SA 824. Mr. LEVIN (for Mrs. Feinstein (for herself, Mr. Reid, and
Mrs. Boxer)) 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 III, add the following:

SEC. 332. SUBMITTAL OF SURVEY ON PERCHLORATE CONTAMINATION AT
DEPARTMENT OF DEFENSE SITES.

(a) Submittal of Perchlorate Survey.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
committees of Congress the 2001 survey to identify the
potential for perchlorate contamination at all active and
closed Department of Defense sites that was prepared by the
United States Air Force Research Laboratory, Aerospace
Expeditionary Force Technologies Division, Tyndall Air Force
Base and Applied Research Associates.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Energy and Commerce of the House of
Representatives.
______

SA 825. Mrs. BOXER (for herself and Mr. Corzine) proposed an
amendment to the bill S. 1050, to authorize appropriations for fiscal
year 2004 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes; as follows:

At the appropriate place insert the following:

SEC.   .

(a) Findings.--The Senate finds that--
(1) On March 8, 2003, the Army Corps of Engineers awarded a
sole-source Indefinite Delivery/Indefinite Quantity contract
for the reconstruction of the Iraqi oil industry.
(2) The Department of Defense has characterized this
contract as a short-term ``bridge'' contract that will be
used for an interim period until a contract can be awarded on
a competitive basis.
(3) However, the estimated date of completion for this
contract is March 2005 and the value is estimated by the
Department of Defense to be $7 billion.
(4) The Department of Defense has established a goal of
completing the follow-on competition and having a fully
competitive contract in place by August 31, 2003. This goal
was stated in a letter dated May 2, 2003.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) The taxpayers deserve fairness.
(2) Businesses deserve fairness.
(3) The Competitive in Contracting Act of 1984 establishes
a preference for the award of competitive contracts.
(4) The Department of Defense should meet its goal of
having a fully competitive contract in place by August 31,
2003 and performing work needed for the reconstruction of the
Iraqi oil industry after such date under that competitive
contract.
(c) Report to Congress.--If the Department of Defense fails
to meet its own stated goal of having a fully competitive
contract in place by August 31, 2003, the Secretary of
Defense shall submit a report to Congress by September 30,
2003, detailing the reasons for allowing this sole-source
contract to continue.
______

SA 826. Mr. WARNER (for himself, Mrs. Boxer, 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:

At the appropriate place, insert the following:

SEC.  . SENSE OF THE SENATE ON COMPETITIVE AWARD OF CONTRACTS
FOR IRAQI RECONSTRUCTION.

It is the sense of the Senate that the Department of
Defense should fully comply with the Competition in
Contracting Act (10 U.S.C. 2304 et seq) for any contract
awarded for reconstruction activities in Iraq and should
conduct a full and open competition for performing work
needed for the reconstruction of the Iraqi oil industry as
soon as practicable.
______

SA 827. Mr. DOMENICI (for himself, Mr. McCain, Mr. Nelson of Florida,
and Mr. Cornyn) submitted an amendment intended to be proposed by him
to the bill S. 1050, to authorize appropriations for fiscal year 2004
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle D of title X, add the following:

SEC. 1039. SENSE OF SENATE ON RECONSIDERATION OF DECISION TO
TERMINATE BORDER SEAPORT INSPECTION DUTIES OF
NATIONAL GUARD UNDER NATIONAL GUARD DRUG
INTERDICTION AND COUNTER-DRUG MISSION.

(a) Findings.--The Senate makes the following findings:
(1) The counter-drug inspection mission of the National
Guard is highly important to preventing the infiltration of
illegal narcotics across United States borders.
(2) The expertise of members of the National Guard in
vehicle inspections at United States borders have made
invaluable contributions to the identification and seizure of
illegal narcotics being smuggled across United States
borders.
(3) The support provided by the National Guard to the
Customs Service and the Border Patrol has greatly enhanced
the capability of the Customs Service and the Border Patrol
to perform counter-terrorism surveillance and other border
protection duties.
(b) Sense of Senate.--It is the sense of the Senate that
the Secretary of Defense should reconsider the decision of
the Department of Defense to terminate the border inspection
and seaport inspection duties of the National Guard as part
of the drug interdiction and counter-drug mission of the
National Guard.
______

SA 828. Mr. LEVIN (for Mr. Kerry, (for himself and Mr. Kennedy))
proposed an amendment to the bill S. 1050, to authorize appropriations
for fiscal year 2004 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes; as follows:
At the end of subtitle C of title VI, add the following:

SEC. 634. TRANSPORTATION OF DEPENDENTS TO PRESENCE OF MEMBERS
OF THE ARMED FORCES WHO ARE RETIRED FOR ILLNESS
OR INJURY INCURRED IN ACTIVE DUTY.

Section 411h(a) of title 37, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Under the regulations prescribed under paragraph (1),
transportation described in subsection (c) may be provided
for not more than two family members of a member otherwise
described in paragraph (3) who is retired for an illness or
injury described in that paragraph if the attending physician
or surgeon and the commander or head of the military medical
facility exercising control over the member determine that
the presence of the family member would be in the best
interests of the family member.''; and
(4) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraph (1) or (2)''.
______

SA 829. Mr. WARNER (for Mr. Voinovich, (for himself and Mr. DeWine))
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 103, between lines 18 and 19, insert the following:
``(3) The Department of the Army, the Department of the
Navy, and the Department of Transportation shall bear the
cost of the instruction at the Air Force Institute of
Technology that is received by officers detailed for that
instruction by the Secretaries of the Army, Navy, and
Transportation, respectively. In the case of an enlisted
member

[[Page S7064]]

permitted to receive instruction at the Institute, the
Secretary of the Air Force shall charge that member only for
such costs and fees as the Secretary considers appropriate
(taking into consideration the admission of enlisted members
on a space-available basis).
On page 71, strike lines 12 through 21, and insert the
following:
(d) Availability of Funds for Local Educational Agencies
Affected by the Brooks Air Force Base Demonstration
Project.--(1) Up to $500K of the funds made available under
subsection (a) may (notwithstanding the limitation in such
subsection) also be used for making basic support payments
for fiscal year 2004 to a local educational agency that
received a basic support payment for fiscal year 2003, but
whose payment for fiscal year 2004 would be reduced because
of the conversion of Federal property to non-Federal
ownership under the Department of Defense infrastructure
demonstration project at Brooks Air Force Base, Texas, and
the amounts of such basic support payments for fiscal year
2004 shall be computed as if the converted property were
Federal property for purposes of receiving the basic support
payments for the period in which the demonstration project is
ongoing, as documented by the local educational agency to the
satisfaction of the Secretary.
(2) If funds are used as authorized under paragraph (1),
the Secretary shall reduce the amount of any basic support
payment for fiscal year 2004 for a local educational agency
described in paragraph (1) by the amount of any revenue that
the agency received during fiscal year 2002 from the Brooks
Development Authority as a result of the demonstration
project described in paragraph (1).
(e) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``basic support payment'' means a payment
authorized under section 8003(b(1)) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
At the end of subtitle D of title X, add the following:

SEC. 1039. SENSE OF SENATE ON RECONSIDERATION OF DECISION TO
TERMINATE BORDER SEAPORT INSPECTION DUTIES OF
NATIONAL GUARD UNDER NATIONAL GUARD DRUG
INTERDICTION AND COUNTER-DRUG MISSION.

(a) Findings.--The Senate makes the following findings:
(1) The counter-drug inspection mission of the National
Guard is highly important to preventing the infiltration of
illegal narcotics across United States borders.
(2) The expertise of members of the National Guard in
vehicle inspections at United States borders have made
invaluable contributions to the identification and seizure of
illegal narcotics being smuggled across United States
borders.
(3) The support provided by the National Guard to the
Customs Service and the Border Patrol has greatly enhanced
the capability of the Customs Service and the Border Patrol
to perform counter-terrorism surveillance and other border
protection duties.
(b) Sense of Senate.--It is the sense of the Senate that
the Secretary of Defense should reconsider the decision of
the Department of Defense to terminate the border inspection
and seaport inspection duties of the National Guard as part
of the drug interdiction and counter-drug mission of the
National Guard.

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