[Congressional Record Volume 149, Number 74 (Monday, May 19, 2003)]
[Senate]
[Pages S6634-S6637]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 687. Mr. KENNEDY 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 appropriate place, insert the following:

     SEC. ____. DEPARTMENT OF DEFENSE PAYMENT FOR CONTINUATION OF 
                   NON-TRICARE HEALTH BENEFITS COVERAGE FOR 
                   CERTAIN MOBILIZED RESERVES.

       (a) Payment of Premiums.--
       (1) Requirement to pay premiums.--Chapter 55 of title 10, 
     United States Code, is amended by inserting after section 
     1078a the following new section:

     ``Sec. 1078b. Continuation of non-TRICARE health benefits 
       plan coverage for certain Reserves called or ordered to 
       active duty and their dependents

       ``(a) Payment of Premiums.--The Secretary concerned shall 
     pay the applicable premium to continue in force any qualified 
     health benefits plan coverage for an eligible reserve 
     component member for the benefits coverage continuation 
     period if timely elected by the member in accordance with 
     regulations prescribed under subsection (h).
       ``(b) Eligible Member.--A member of a reserve component who 
     is called or ordered to active duty for a period of more than 
     30 days under a provision of law referred to in section 
     101(a)(13)(B) of this title is eligible for payment of the 
     applicable premium for continuation of qualified health 
     benefits plan coverage under subsection (a).
       ``(c) Qualified Health Benefits Plan Coverage.--For the 
     purposes of this section, health benefits plan coverage for a 
     member called or ordered to active duty is qualified health 
     benefits plan coverage if--
       ``(1) the coverage was in force on the date on which the 
     Secretary notified the member that issuance of the call or 
     order was pending or, if no such notification was provided, 
     the date of the call or order; and
       ``(2) on that date, the coverage applied to the member and 
     dependents of the member.
       ``(d) Applicable Premium.--The applicable premium payable 
     under this section for continuation of health benefits plan 
     coverage in the case of a member is the amount of the premium 
     payable by the member for the coverage of the member and 
     dependents.
       ``(e) Benefits Coverage Continuation Period.--The benefits 
     coverage continuation period under this section for qualified 
     health benefits plan coverage in the case of a member called 
     or ordered to active duty is the period that--
       ``(1) begins on the date of the call or order; and
       ``(2) ends on the earlier of the date on which--
       ``(A) the member's eligibility for transitional health care 
     under section 1145(a) of this title terminates under 
     paragraph (3) of such section;
       ``(B) the member or the dependents of the member eligible 
     for benefits under the qualified health benefits plan 
     coverage become covered by another health benefits plan that 
     is not TRICARE; or
       ``(C) the member elects to terminate the continued 
     qualified health benefits plan coverage of the dependents of 
     the member.
       ``(f) Extension of Period of COBRA Coverage.--
     Notwithstanding any other provision of law--
       ``(1) any period of coverage under a COBRA continuation 
     provision (as defined in section 9832(d)(1) of the Internal 
     Revenue Code of 1986) for a member under this section shall 
     be deemed to be equal to the benefits coverage continuation 
     period for such member under this section; and
       ``(2) with respect to the election of any period of 
     coverage under a COBRA continuation provision (as so 
     defined), rules similar to the rules under section 
     4980B(f)(5)(C) of such Code shall apply.
       ``(g) Special Rule With Respect to Individual Health 
     Insurance Coverage.--With respect to a member of a reserve 
     component described in subsection (b) who was enrolled in 
     individual health insurance coverage (as such term is defined 
     in section 2791(b)(5) of the Public Health Service Act) on 
     the date on which the member was called or ordered to active 
     duty, the health insurance issuer may not--
       ``(1) decline to offer such coverage to, or deny re-
     enrollment of, such individual during the benefits coverage 
     continuation period described in subsection (e);
       ``(2) impose any preexisting condition exclusion (as 
     defined in section 2701(b)(1)(A) of the Public Health Service 
     Act) with respect to the re-enrollment of such member for 
     such coverage during such period; or
       ``(3) increase the premium rate for re-enrollment of such 
     member under such coverage during such period above the rate 
     that was paid for the coverage prior to the date of such call 
     or order.
       ``(h) Nonduplication of Benefits.--A dependent of a member 
     who is eligible for benefits under qualified health benefits 
     plan coverage paid on behalf of a member by the Secretary 
     concerned under this section is not eligible for benefits 
     under TRICARE during a period of the coverage for which so 
     paid.
       ``(i) Revocability of Election.--A member who makes an 
     election under subsection (a) may revoke the election. Upon 
     such a revocation, the member's dependents shall become 
     eligible for TRICARE as provided for under this chapter.
       ``(j) Regulations.--The Secretary of Defense shall 
     prescribe regulations for carrying out this section. The 
     regulations shall include such requirements for making an 
     election of payment of applicable premiums as the Secretary 
     considers appropriate.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1078a the following new item:

``1078b. Continuation of non-TRICARE health benefits plan coverage for 
              certain Reserves called or ordered to active duty and 
              their dependents.''.

       (b) Applicability.--Section 1078b of title 10, United 
     States Code (as added by subsection (a)), shall apply with 
     respect to calls or orders of members of reserve components 
     of the Armed Forces to active duty as described in subsection 
     (b) of such section, that are issued by the Secretary of a 
     military department on or after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 688. Mr. KENNEDY (for himself, Mrs. Feinstein, and Mr. Feingold) 
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 3131.
                                 ______
                                 
  SA 689. Mr. DASCHLE 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 157, strike line 8 and all that follows through 
     ``time of war,'' on line 14, and insert the following:
       ``(f)(1) At any time after the Secretary concerned notifies 
     members of the Ready Reserve that the members are to be 
     called or ordered to active duty,
       On page 157, line 19, strike `` `(2)'' and insert the 
     following:
       ``(2) The screening and care authorized under paragraph (1) 
     shall include screening and care under TRICARE, pursuant to 
     eligibility under paragraph (3), and continuation of care 
     benefits under paragraph (4).
       ``(3)(A) Members of the Selected Reserve of the Ready 
     Reserve and members of the Individual Ready Reserve described 
     in section 10144(b) of this title are eligible, subject to 
     subparagraph (I), to enroll in TRICARE.
       ``(B) A member eligible under subparagraph (A) may enroll 
     for either of the following types of coverage:
       ``(i) Self alone coverage.
       ``(ii) Self and family coverage.
       ``(C) An enrollment by a member for self and family covers 
     the member and the dependents of the member who are described 
     in subparagraph (A), (D), or (I) of section 1072(2) of this 
     title.
       ``(D) The Secretary of Defense shall provide for at least 
     one open enrollment period each year. During an open 
     enrollment period, a member eligible under subparagraph (A) 
     may enroll in the TRICARE program or change or terminate an 
     enrollment in the TRICARE program.
       ``(E) A member and the dependents of a member enrolled in 
     the TRICARE program under this paragraph shall be entitled to 
     the same benefits under this chapter as a member of the 
     uniformed services on active duty or a dependent of such a 
     member, respectively. Section 1074(c) of this title shall 
     apply with respect to a member enrolled in the TRICARE 
     program under this section.
       ``(F)(i) The Secretary of Defense shall charge premiums for 
     coverage pursuant to enrollments under this paragraph. The 
     Secretary shall prescribe for each of the TRICARE program 
     options a premium for self alone coverage and a premium for 
     self and family coverage.
       ``(ii) The monthly amount of the premium in effect for a 
     month for a type of coverage under this paragraph shall be 
     the amount equal to 28 percent of the total amount determined 
     by the Secretary on an appropriate

[[Page S6635]]

     actuarial basis as being reasonable for the coverage.
       ``(iii) The premiums payable by a member under this 
     subparagraph may be deducted and withheld from basic pay 
     payable to the member under section 204 of title 37 or from 
     compensation payable to the member under section 206 of such 
     title. The Secretary shall prescribe the requirements and 
     procedures applicable to the payment of premiums by members 
     not entitled to such basic pay or compensation.
       ``(iv) Amounts collected as premiums under this 
     subparagraph shall be credited to the appropriation available 
     for the Defense Health Program Account under section 1100 of 
     this title, shall be merged with sums in such Account that 
     are available for the fiscal year in which collected, and 
     shall be available under subparagraph (B) of such section for 
     such fiscal year.
       ``(G) A person who receives health care pursuant to an 
     enrollment in a TRICARE program option under this paragraph, 
     including a member who receives such health care, shall be 
     subject to the same deductibles, copayments, and other 
     nonpremium charges for health care as apply under this 
     chapter for health care provided under the same TRICARE 
     program option to dependents described in subparagraph (A), 
     (D), or (I) of section 1072(2) of this title.
       ``(H) A member enrolled in the TRICARE program under this 
     paragraph may terminate the enrollment only during an open 
     enrollment period provided under subparagraph (D), except as 
     provided in subparagraph (I). An enrollment of a member for 
     self alone or for self and family under this paragraph shall 
     terminate on the first day of the first month beginning after 
     the date on which the member ceases to be eligible under 
     subparagraph (A). The enrollment of a member under this 
     paragraph may be terminated on the basis of failure to pay 
     the premium charged the member under this paragraph.
       ``(I) A member may not enroll in the TRICARE program under 
     this paragraph while entitled to transitional health care 
     under subsection (a) of section 1145 of this title or while 
     authorized to receive health care under subsection (c) of 
     such section. A member who enrolls in the TRICARE program 
     under this paragraph within 90 days after the date of the 
     termination of the member's entitlement or eligibility to 
     receive health care under subsection (a) or (c) of section 
     1145 of this title may terminate the enrollment at any time 
     within one year after the date of the enrollment.
       ``(J) The Secretary of Defense, in consultation with the 
     other administering Secretaries, shall prescribe regulations 
     for the administration of this paragraph.
       ``(4)(A) The Secretary concerned shall pay the applicable 
     premium to continue in force any qualified health benefits 
     plan coverage for an eligible reserve component member for 
     the benefits coverage continuation period if timely elected 
     by the member in accordance with regulations prescribed under 
     subparagraph (J).
       ``(B) A member of a reserve component is eligible for 
     payment of the applicable premium for continuation of 
     qualified health benefits plan coverage under subparagraph 
     (A) while serving on active duty pursuant to a call or order 
     issued under a provision of law referred to in section 
     101(a)(13)(B) of this title during a war or national 
     emergency declared by the President or Congress.
       ``(C) For the purposes of this paragraph, health benefits 
     plan coverage for a member called or ordered to active duty 
     is qualified health benefits plan coverage if--
       ``(i) the coverage was in force on the date on which the 
     Secretary notified the member that issuance of the call or 
     order was pending or, if no such notification was provided, 
     the date of the call or order;
       ``(ii) on such date, the coverage applied to the member and 
     dependents of the member described in subparagraph (A), (D), 
     or (I) of section 1072(2) of this title; and
       ``(iii) the coverage has not lapsed.
       ``(D) The applicable premium payable under this paragraph 
     for continuation of health benefits plan coverage in the case 
     of a member is the amount of the premium payable by the 
     member for the coverage of the member and dependents.
       ``(E) The total amount that may be paid for the applicable 
     premium of a health benefits plan for a member under this 
     paragraph in a fiscal year may not exceed the amount 
     determined by multiplying--
       ``(i) the sum of one plus the number of the member's 
     dependents covered by the health benefits plan, by
       ``(ii) the per capita cost of providing TRICARE coverage 
     and benefits for dependents under this chapter for such 
     fiscal year, as determined by the Secretary of Defense.
       ``(F) The benefits coverage continuation period under this 
     paragraph for qualified health benefits plan coverage in the 
     case of a member called or ordered to active duty is the 
     period that--
       ``(i) begins on the date of the call or order; and
       ``(ii) ends on the earlier of the date on which the 
     member's eligibility for transitional health care under 
     section 1145(a) of this title terminates under paragraph (3) 
     of such section, or the date on which the member elects to 
     terminate the continued qualified health benefits plan 
     coverage of the dependents of the member.
       ``(G) Notwithstanding any other provision of law--
       ``(i) any period of coverage under a COBRA continuation 
     provision (as defined in section 9832(d)(1) of the Internal 
     Revenue Code of 1986) for a member under this paragraph shall 
     be deemed to be equal to the benefits coverage continuation 
     period for such member under this paragraph; and
       ``(ii) with respect to the election of any period of 
     coverage under a COBRA continuation provision (as so 
     defined), rules similar to the rules under section 
     4980B(f)(5)(C) of such Code shall apply.
       ``(H) A dependent of a member who is eligible for benefits 
     under qualified health benefits plan coverage paid on behalf 
     of a member by the Secretary concerned under this paragraph 
     is not eligible for benefits under the TRICARE program during 
     a period of the coverage for which so paid.
       ``(I) A member who makes an election under subparagraph (A) 
     may revoke the election. Upon such a revocation, the member's 
     dependents shall become eligible for benefits under the 
     TRICARE program as provided for under this chapter.
       ``(J) The Secretary of Defense shall prescribe regulations 
     for carrying out this paragraph. The regulations shall 
     include such requirements for making an election of payment 
     of applicable premiums as the Secretary considers 
     appropriate.
       ``(5) For the purposes of this section, all members of the 
     Ready Reserve who are to be called or ordered to active duty 
     include all members of the Ready Reserve.
       ``(6) The Secretary concerned shall promptly notify all 
     members of the Ready Reserve that they are eligible for 
     screening and care under this section.
                                 ______
                                 
  SA 690. Mrs. CLINTON 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 D of title XXXI, add the following:

     SEC. 3155. COVERAGE UNDER ENERGY EMPLOYEES OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM OF INDIVIDUALS 
                   EMPLOYED AT ATOMIC WEAPONS EMPLOYER FACILITIES 
                   DURING PERIODS OF RESIDUAL CONTAMINATION.

       Paragraph (3) of section 3621 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384l) is amended to read as follows:
       ``(3) The term `atomic weapons employee' means an 
     individual employed at an atomic weapons employer facility 
     during a period when--
       ``(A) the employer was processing or producing, for the use 
     by the United States, material that emitted radiation and was 
     used in the production of an atomic weapon, excluding uranium 
     mining and milling; or
       ``(B) as specified by the National Institute for 
     Occupational Safety and Health in the final report required 
     by section 3151(b)(2)(A)(ii) of the National Defense 
     Authorization Act for Fiscal Year 2002 (42 U.S.C. 7384 note) 
     or any supplement thereto or subsequent report, significant 
     contamination (as that term is defined in section 
     3151(b)(4)(B) of that Act) remained after such facility 
     discontinued activities described in subparagraph (A).''.
                                 ______
                                 
  SA 691. Mrs. MURRAY (for herself, Ms. Snowe, Mrs. Boxer, and Ms. 
Cantwell) 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 title VII, add the following:

     SEC. 708. RESTORATION OF PREVIOUS POLICY REGARDING 
                   RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE 
                   MEDICAL FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``Restriction on Use of 
     Funds.--''.
                                 ______
                                 
  SA 692. 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 III, add the following:

     SEC. 313. INFORMATION OPERATIONS SUSTAINMENT FOR LAND FORCES 
                   READINESS OF ARMY RESERVE.

       (a) In General.--Of the amount authorized to be 
     appropriated for fiscal year 2004 by section 301(6) for 
     operation and maintenance for

[[Page S6636]]

     the Army Reserve, $3,000,000 may be available for Information 
     Operations (Account #19640) for Land Forces Readiness-
     Information Operations Sustainment.
       (b) Supplement Not Supplant.--The amount made available 
     under subsection (a) for the purpose specified in that 
     subsection is in addition to any other amounts available for 
     that purpose under this Act.
                                 ______
                                 
  SA 693. 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:

       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 for 
     the Army, $2,000,000 may be available for medical equipment 
     for the procurement of rapid infusion (IV) pumps.
       (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.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 101(5) for other procurement for the Army, the amount 
     available for the procurement of automated data processing 
     equipment is hereby reduced by $2,000,000.
                                 ______
                                 
  SA 694. 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.--(1) Of the amount authorized to 
     be appropriated for fiscal year 2004 by section 201(2) for 
     research, development, test, and evaluation, Navy, $2,000,000 
     may be available for Power Projection Applied Research (PE 
     602114N) for non-thermal imaging systems.
       (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.
       (b) Offset.--Of the amount authorized to be appropriated 
     for fiscal year 2004 by section 201(2) for research, 
     development, test, and evaluation, Navy, the amount available 
     for Retract Maple (PE 603746N) is hereby reduced by 
     $2,000,000.
                                 ______
                                 
  SA 695. 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. 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 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.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army, the amount made available for 
     Missile and Rocket Advanced Technology (PE 603313A) is hereby 
     reduced by $2,000,000.
                                 ______
                                 
  SA 696. Mr. GRAHAM of South Carolina 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 157, line 8:
       In lieu of the matter proposed to be inserted insert the 
     following:
       ``(f)(1) At any time after the Secretary concerned notifies 
     the commander of a unit of the Selected Reserve of the Ready 
     Reserve that all members of the unit are to be called or 
     ordered to active duty under a provision of law referred to 
     in section 101(a)(13(B) in support of an operation, mission, 
     or contingency operation during a national emergency or in 
     time of war. This shall become effective one day after 
     enactment of the bill.
       On page 157, line 19, in lieu of the matter to be inserted 
     insert the following:
       ``(2) A member provided medical or dental screening or care 
     under paragraph (1) may not be charged for the screening or 
     dental care. This section shall become effective two days 
     after enactment.

     SEC.  . EXPANDED ELIGIBILITY OF READY RESERVISTS FOR TRICARE.

       (a) Eligibility.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1097b the 
     following new section:

     Sec. 1097c. TRICARE program: Reserves not on active duty

       ``(a) Eligibility.--A member of the Selected Reserve of the 
     Ready Reserve of the armed forces not otherwise eligible for 
     enrollment in the TRICARE program under this chapter for the 
     same benefits as a member of the armed forces eligible under 
     section 1074(a) of this title may enroll for self or for self 
     and family for the same benefits under this section.
       ``(b) Premiums.--(1) An enlisted member of the armed forces 
     enrolled in the TRICARE program under this section shall pay 
     an annual premium of $330 for self only coverage and $560 for 
     self and family coverage for which enrolled under this 
     section.
       ``(2) An officer of the armed forces enrolled in the 
     TRICARE program under this section shall pay an annual 
     premium of $380 for self only coverage and $610 for self and 
     family coverage for which enrolled under this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1097b the following new item:

``1097c. Section 101 head.''.
                                 ______
                                 
  SA 697. Mr. REID (for himself, Mr. Dorgan, and 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 VI, add the following:

     SEC. 644. FULL PAYMENT OF BOTH RETIRED PAY AND COMPENSATION 
                   TO DISABLED MILITARY RETIREES.

       (a) Restoration of Full Retired Pay Benefits.--Section 1414 
     of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 1414. Members eligible for retired pay who have 
       service-connected disabilities: payment of retired pay and 
       veterans' disability compensation

       ``(a) Payment of Both Retired Pay and Compensation.--Except 
     as provided in subsection (b), a member or former member of 
     the uniformed services who is entitled to retired pay (other 
     than as specified in subsection (c)) and who is also entitled 
     to veterans' disability compensation is entitled to be paid 
     both without regard to sections 5304 and 5305 of title 38.
       ``(b) Special Rule for Chapter 61 Career Retirees.--The 
     retired pay of a member retired under chapter 61 of this 
     title with 20 years or more of service otherwise creditable 
     under section 1405 of this title at the time of the member's 
     retirement is subject to reduction under sections 5304 and 
     5305 of title 38, but only to the extent that the amount of 
     the member's retired pay under chapter 61 of this title 
     exceeds the amount of retired pay to which the member would 
     have been entitled under any other provision of law based 
     upon the member's service in the uniformed services if the 
     member had not been retired under chapter 61 of this title.
       ``(c) Exception.--Subsection (a) does not apply to a member 
     retired under chapter 61 of this title with less than 20 
     years of service otherwise creditable under section 1405 of 
     this title at the time of the member's retirement.
       ``(d) Definitions.--In this section:
       ``(1) The term `retired pay' includes retainer pay, 
     emergency officers' retirement pay, and naval pension.
       ``(2) The term `veterans' disability compensation' has the 
     meaning given the term `compensation' in section 101(13) of 
     title 38.''.
       (b) Repeal of Special Compensation Programs.--Sections 1413 
     and 1413a of such title are repealed.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by striking the items 
     relating to sections 1413, 1413a, and 1414 and inserting the 
     following:

``1414. Members eligible for retired pay who have service-connected 
              disabilities: payment of retired pay and veterans' 
              disability compensation.''.

       (d) Effective Date.--The amendments made by this section 
     shall take effect on--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted, if later than the 
     date specified in paragraph (1).

[[Page S6637]]

       (e) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person by reason of section 1414 of title 10, 
     United States Code, as amended by subsection (a), for any 
     period before the effective date applicable under subsection 
     (d).
                                 ______
                                 
  SA 698. Mr. NELSON of Florida (for himself, and Mrs. Boxer) 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 title VI, add the following:

               Subtitle F--Citizenship for Servicemembers

     SEC. 661. SHORT TITLE.

       This subtitle may be cited as the ``Citizenship for 
     Servicemembers Act of 2003''.

     SEC. 662. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN 
                   THE ARMED FORCES OF THE UNITED STATES.

       (a) Reduction of Period for Required Service.--Section 
     328(a) of the Immigration and Nationality Act (8 U.S.C. 
     1439(a)) is amended by striking ``three years'' and inserting 
     ``2 years''.
       (b) Prohibition on Imposition of Fees Relating to 
     Naturalization.--Title III of the Immigration and Nationality 
     Act (8 U.S.C. 301 et seq.) is amended--
       (1) in section 328(b)--
       (A) in paragraph (3)--
       (i) by striking ``honorable. The'' and inserting 
     ``honorable (the''; and
       (ii) by striking ``discharge.'' and inserting ``discharge); 
     and''; and
       (B) by adding at the end the following:
       ``(4) notwithstanding any other provision of law, no fee 
     shall be charged or collected from the applicant for filing a 
     petition for naturalization or for the issuance of a 
     certificate of naturalization upon citizenship being granted 
     to the applicant, and no clerk of any State court shall 
     charge or collect any fee for such services unless the laws 
     of the State require such charge to be made, in which case 
     nothing more than the portion of the fee required to be paid 
     to the State shall be charged or collected.''; and
       (2) in section 329(b)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) notwithstanding any other provision of law, no fee 
     shall be charged or collected from the applicant for filing a 
     petition for naturalization or for the issuance of a 
     certificate of naturalization upon citizenship being granted 
     to the applicant, and no clerk of any State court shall 
     charge or collect any fee for such services unless the laws 
     of the State require such charge to be made, in which case 
     nothing more than the portion of the fee required to be paid 
     to the State shall be charged or collected.''.
       (c) Naturalization Proceedings Overseas for Members of the 
     Armed Forces.--Notwithstanding any other provision of law, 
     the Secretary of Homeland Security, the Secretary of State, 
     and the Secretary of Defense shall ensure that any 
     applications, interviews, filings, oaths, ceremonies, or 
     other proceedings under title III of the Immigration and 
     Nationality Act (8 U.S.C. 301 et seq.) relating to 
     naturalization of members of the Armed Forces are available 
     through United States embassies, consulates, and as 
     practicable, United States military installations overseas.
       (d) Technical and Conforming Amendment.--Section 328(b)(3) 
     of the Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) 
     is amended by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''.
                                 ______
                                 
  SA 699. Mr. WARNER (for Mr. McConnell) proposed an amendment to the 
resolution S. Res. 100, recognizing the 100th anniversary year of the 
founding of the Ford Motor Company, which has been a significant part 
of the social, economic, and cultural heritage of the United States and 
many other nations, and a revolutionary industrial and global 
institution, and congratulating Ford Motor Company for its 
achievements; as follows:

       In the third clause of the preamble, strike ``, which was 
     advertised as the `Fordmobile' and had'' and insert ``with''.
       In the ninth clause of the preamble, strike ``, completed 
     in 1925,''.
       In the tenth clause of the preamble, strike ``196'' and 
     insert ``199''.
       In the twelfth clause of the preamble, strike ``models 
     through 1937 (Ford and Lincoln)'' and insert ``automotive 
     brands (Ford and Lincoln) through 1937''.
       In the seventeenth clause of the preamble, strike ``the 
     first major change in a Ford body since 1922,''.
       In the seventeenth clause of the preamble, strike the comma 
     after ``1932''.
       In the eighteenth clause of the preamble, strike ``Ford 
     `woodies',''.
       In the eighteenth clause of the preamble, strike ``Galaxy'' 
     and insert ``Galaxie''.

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