[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[House]
[Pages H4571-H4583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004

  The SPEAKER pro tempore (Mr. Simpson). Pursuant to House Resolution 
247 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the further consideration 
of the bill, H.R. 1588.

                              {time}  1614


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 1588) to authorize appropriations for fiscal year 2004 
for military activities of the Department of Defense, to prescribe 
military personnel strengths for fiscal year 2004, and for other 
purposes, with Mr. LaHood (Chairman pro tempore) in the chair.
  The Clerk read the title of the bill.

                              {time}  1615

  The CHAIRMAN pro tempore (Mr. LaHood). When the Committee of the 
Whole rose on Wednesday, May 21, 2003, amendment No. 9 printed in House 
Report 108-120 offered by the gentleman from California (Mr. Hunter) 
had been disposed of.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, 
proceedings will now resume on those amendments on which further 
proceedings were postponed in the following order: amendment No. 3 
offered by the gentlewoman from California (Ms. Loretta Sanchez), 
amendment No. 4 offered by the gentlewoman from California (Mrs. 
Tauscher), amendment No. 6 offered by the gentleman from Florida (Mr. 
Goss), and amendment No. 8 offered by the gentleman from New Jersey 
(Mr. Saxton).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


      Amendment No. 3 Offered by Ms. Loretta Sanchez of California

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
California (Ms. Loretta Sanchez) on which further proceedings were 
postponed and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Ms. Loretta Sanchez of 
     California:
       At the end of title VII (page 196, after line 12), add the 
     following new section:

     SEC. 708. LIMITING RESTRICTION OF USE OF DEPARTMENT OF 
                   DEFENSE MEDICAL FACILITIES TO PERFORM ABORTIONS 
                   TO FACILITIES IN THE UNITED STATES.

       Section 1093(b) of title 10, United States Code, is amended 
     by inserting ``in the United States'' after ``Defense''.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 201, 
noes 227, not voting 7, as follows:

                             [Roll No. 215]

                               AYES--201

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Bass
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Bono
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Castle
     Clay
     Clyburn
     Conyers
     Cooper
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Dunn
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Foley
     Ford
     Frank (MA)
     Frelinghuysen
     Frost
     Gilchrest
     Gonzalez
     Gordon
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Inslee
     Isakson
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kelly
     Kennedy (RI)
     Kilpatrick
     Kind
     Kirk
     Kleczka
     Kolbe
     Kucinich
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lofgren
     Lowey
     Majette
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ose
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Pryce (OH)
     Ramstad
     Rangel
     Reyes
     Rodriguez
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shaw
     Shays
     Sherman
     Simmons
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--227

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Berry
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Boozman
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Carter
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Costello
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Doyle
     Dreier
     Duncan
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Fletcher
     Forbes
     Fossella
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Istook
     Janklow
     Jenkins
     John
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kennedy (MN)
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     LaHood
     Langevin
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Marshall
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Ortiz
     Osborne
     Otter
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Putnam
     Radanovich
     Rahall
     Regula

[[Page H4572]]


     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--7

     Bonilla
     Combest
     Gephardt
     Issa
     Lewis (GA)
     Oxley
     Quinn


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. LaHood) (during the vote). There are 2 
minutes remaining in this vote.

                              {time}  1632

  Mr. GILCHREST changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. BEREUTER. Mr. Chairman, on rollcall No. 215 I inadvertently 
pressed the wrong button. I meant to vote ``no.''


                Announcement By the Chairman Pro Tempore

  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, the 
remainder of this series will be conducted as 5-minute votes.


                Amendment No. 4 Offered by Mrs. Tauscher

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
California (Mrs. Tauscher) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mrs. Tauscher:
       At the end of subtitle A of title II (page 30, after line 
     7), insert the following new section:

     SEC. 2__. FUNDING REDUCTIONS AND INCREASES.

       (a) Increase.--The amount provided in section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $21,000,000, of which--
       (1) $5,000,000 shall be available for Program Element 
     0603910D8Z, strategic capability modernization;
       (2) $6,000,000 shall be available for Program Element 
     0602602F, conventional munitions; and
       (3) $10,000,000 shall be available for Program Element 
     0603601F, conventional weapons technology.
       (b) Reduction.--The amount provided in section 3101 for 
     stockpile research and development is hereby reduced by 
     $21,000,000, of which--
       (1) $15,000,000 shall be derived from the feasibility and 
     cost study of the Robust Nuclear Earth Penetrator; and
       (2) $6,000,000 shall be derived from advanced concepts 
     initiative activities.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 199, 
noes 226, not voting 9, as follows:

                             [Roll No. 216]

                               AYES--199

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bono
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Case
     Clay
     Clyburn
     Conyers
     Cooper
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Ehlers
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hefley
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lipinski
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore
     Moran (KS)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--226

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonner
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carson (OK)
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     English
     Everett
     Feeney
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Istook
     Janklow
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     Marshall
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Pastor
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Bonilla
     Combest
     Emerson
     Gephardt
     Herger
     Issa
     Lewis (GA)
     Oxley
     Quinn


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (during the vote). Members are advised there 
are 2 minutes remaining in this vote.

                              {time}  1640

  Mr. SIMPSON and Mr. CRAMER changed their vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                  Amendment No. 6 Offered by Mr. Goss

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Florida 
(Mr. Goss) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

[[Page H4573]]

       Amendment No. 6 offered by Mr. Goss.
       At the end of title XII (page 384, after line 3), insert 
     the following new section:

     SEC. __. REPORT ON ACTIONS THAT COULD BE TAKEN REGARDING 
                   COUNTRIES THAT INITIATE CERTAIN LEGAL ACTIONS 
                   AGAINST UNITED STATES OFFICIALS.

       (a) Finding.--Congress finds that actions for or on behalf 
     of a foreign government that constitute attempts to commence 
     legal proceedings against, or attempts to compel the 
     appearance of or production of documents from, any current or 
     former official or employee of the United States or member of 
     the Armed Forces of the United States relating to the 
     performance of official duties constitutes a threat to the 
     ability of the United States to take necessary and timely 
     military action.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on appropriate steps that could be taken 
     by the Department of Defense (including restrictions on 
     military travel and limitations on military support and 
     exchange programs) to respond to any action by a foreign 
     government described in subsection (a).


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 412, 
noes 11, not voting 11, as follows:

                             [Roll No. 217]

                               AYES--412

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--11

     Conyers
     Filner
     Hinchey
     Kucinich
     Lee
     McDermott
     Olver
     Payne
     Stark
     Waters
     Woolsey

                             NOT VOTING--11

     Bonilla
     Burton (IN)
     Combest
     Cox
     Emerson
     Gephardt
     Issa
     Lewis (GA)
     Oxley
     Quinn
     Turner (TX)


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. LaHood) (during the vote). The Chair 
will advise Members there are two minutes left to vote.

                              {time}  1648

  Mr. PAYNE changed his vote from ``aye'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


          Amendment No. 8 Offered by Mr. Saxton of new jersey

  The CHAIRMAN pro tempore. The unfinished business is the demand for a 
recorded vote on amendment No. 8 offered by the gentleman from New 
Jersey (Mr. Saxton) on which further proceedings were postponed and on 
which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Saxton:
       At the end of subtitle B of title V (page 91, after line 
     16), insert the following new section:

     SEC. 514. REPEAL OF REQUIRED GRADE OF DEFENSE ATTACHE IN 
                   FRANCE.

       (a) In General.--Section 714 of title 10, United States 
     Code, is repealed.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 41 of such title is amended by striking 
     the item relating to section 714.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 302, 
noes 123, not voting 9, as follows:

                             [Roll No. 218]

                               AYES--302

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonner
     Bono
     Boozman
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Cardin
     Cardoza
     Carter
     Case
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (CA)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, M.
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Engel
     English
     Etheridge
     Evans
     Everett
     Feeney
     Ferguson
     Filner
     Flake
     Fletcher

[[Page H4574]]


     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Istook
     Janklow
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     LaHood
     Langevin
     Lantos
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lucas (KY)
     Lucas (OK)
     Lynch
     Maloney
     Manzullo
     Marshall
     Matheson
     McCarthy (MO)
     McCarthy (NY)
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Menendez
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Pascrell
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Saxton
     Schiff
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                               NOES--123

     Abercrombie
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Bereuter
     Berman
     Blumenauer
     Boswell
     Brown (OH)
     Brown, Corrine
     Capuano
     Carson (IN)
     Carson (OK)
     Clay
     Clyburn
     Conyers
     Cooper
     Crowley
     Cummings
     Davis (AL)
     Davis (FL)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Emanuel
     Eshoo
     Farr
     Fattah
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Grijalva
     Gutierrez
     Harman
     Hinchey
     Hoeffel
     Holt
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kilpatrick
     Kleczka
     Kolbe
     Kucinich
     Lampson
     Larsen (WA)
     Lee
     Lowey
     Majette
     Markey
     Matsui
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne
     Pelosi
     Price (NC)
     Rahall
     Reyes
     Rodriguez
     Roybal-Allard
     Rush
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Scott (VA)
     Serrano
     Slaughter
     Smith (WA)
     Solis
     Stark
     Strickland
     Stupak
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Wexler
     Woolsey

                             NOT VOTING--9

     Bonilla
     Combest
     Diaz-Balart, L.
     Emerson
     Gephardt
     Issa
     Lewis (GA)
     Oxley
     Quinn


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (during the vote). The Chair advises there 
are 2 minutes to vote.

                              {time}  1656

  Messrs. TOWNS, PRICE of North Carolina and PALLONE, Ms. LORETTA 
SANCHEZ of California and Ms. McCOLLUM changed their vote from ``aye'' 
to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The CHAIRMAN pro tempore. Pursuant to House Resolution 247, no 
further amendment to the committee amendment in the nature of a 
substitute is in order except those printed in House Report 108-122 and 
amendments en bloc described in section 2 of the resolution.
  Each amendment printed in the report shall be offered only in the 
order printed, except as specified in section 3, may be offered only by 
a Member designated in the report, shall be considered read, and shall 
not be subject to a demand for division of the question.
  Each amendment printed in the report shall be debatable for 10 
minutes, unless otherwise specified in the report, equally divided and 
controlled by the proponent and an opponent and shall not be subject to 
amendment, except that the chairman and ranking minority member of the 
Committee on Armed Services each may offer one pro forma amendment for 
the purpose of further debate on any pending amendment.
  It shall be in order at any time for the chairman of the Committee on 
Armed Services or his designee to offer amendments en bloc consisting 
of amendments printed in the report not earlier disposed of or germane 
modifications of any such amendment. Amendments en bloc shall be 
considered read, except that modifications shall be reported, shall be 
debatable for 20 minutes, equally divided and controlled by the 
chairman and ranking minority member or their designees, shall not be 
subject to amendment, and shall not be subject to a demand for division 
of the question.

                              {time}  1700

  The original proponent of an amendment included in the amendments en 
bloc may insert a statement in the Congressional Record immediately 
before disposition of the amendments en bloc.
  The chairman of the Committee of the Whole may recognize for 
consideration of any amendment out of the order printed, but not sooner 
than 1 hour after the chairman of the Committee on Armed Services or a 
designee announces from the floor a request to that effect.


         Amendments En Bloc, as Modified, Offered by Mr. Hunter

  Mr. HUNTER. Mr. Chairman, I offer an en bloc amendment.
  The CHAIRMAN pro tempore (Mr. LaHood). The Clerk will designate the 
amendments en bloc and report the modifications.
  The Clerk designated the amendments en bloc and proceeded to report 
the modifications, as follows:

       Amendments en bloc printed in House Report 108-122 offered 
     by Mr. Hunter consisting of amendment No. 1; amendment No. 2; 
     amendment No. 3; amendment No. 5; amendment No. 7; amendment 
     No. 8; amendment No. 10; amendment No. 11, as modified; 
     amendment No. 12; amendment No. 13; amendment No. 14; 
     amendment No. 15; amendment No. 16; amendment No. 17; 
     amendment No. 18; amendment No. 19; amendment No. 20; 
     amendment No. 21, as modified; amendment No. 22; amendment 
     No. 23; amendment No. 24; amendment No. 25; amendment No. 26; 
     amendment No. 27; amendment No. 28; amendment No. 29; and 
     amendment No. 30.


                  Amendment No. 1 Offered by Mr. Kline

  The text of the amendment is as follows:

       At the end of division A (page 433, after line 20), insert 
     the following new title:

      TITLE XV--HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS

     SEC. 1501. SHORT TITLE; REFERENCE.

       (a) Short Title.--This title may be cited as the ``Higher 
     Education Relief Opportunities for Students Act of 2003''.
       (b) Reference.--References in this title to ``the Act'' are 
     references to the Higher Education Act of 1965 (20 U.S.C. 
     1001 et seq.).

     SEC. 1502. WAIVER AUTHORITY FOR RESPONSE TO MILITARY 
                   CONTINGENCIES AND NATIONAL EMERGENCIES.

       (a) Waivers and Modifications.--
       (1) In general.--Notwithstanding any other provision of 
     law, unless enacted with specific reference to this section, 
     the Secretary of Education (referred to in this title as the 
     ``Secretary'') may waive or modify any statutory or 
     regulatory provision applicable to the student financial 
     assistance programs under title IV of the Act as the 
     Secretary deems necessary in connection with a war or other 
     military operation or national emergency to provide the 
     waivers or modifications authorized by paragraph (2).
       (2) Actions authorized.--The Secretary is authorized to 
     waive or modify any provision described in paragraph (1) as 
     may be necessary to ensure that--
       (A) recipients of student financial assistance under title 
     IV of the Act who are affected individuals are not placed in 
     a worse position financially in relation to that financial 
     assistance because of their status as affected individuals;
       (B) administrative requirements placed on affected 
     individuals who are recipients of student financial 
     assistance are minimized, to the extent possible without 
     impairing the

[[Page H4575]]

     integrity of the student financial assistance programs, to 
     ease the burden on such students and avoid inadvertent, 
     technical violations or defaults;
       (C) the calculation of ``annual adjusted family income'' 
     and ``available income'', as used in the determination of 
     need for student financial assistance under title IV of the 
     Act for any such affected individual (and the determination 
     of such need for his or her spouse and dependents, if 
     applicable), may be modified to mean the sums received in the 
     first calendar year of the award year for which such 
     determination is made, in order to reflect more accurately 
     the financial condition of such affected individual and his 
     or her family;
       (D) the calculation under section 484B(b)(2) of the Act (20 
     U.S.C. 1091b(b)(2)) of the amount a student is required to 
     return in the case of an affected individual may be modified 
     so that no overpayment will be required to be returned or 
     repaid if the institution has documented (i) the student's 
     status as an affected individual in the student's file, and 
     (ii) the amount of any overpayment discharged; and
       (E) institutions of higher education, eligible lenders, 
     guaranty agencies, and other entities participating in the 
     student assistance programs under title IV of the Act that 
     are located in areas that are declared disaster areas by any 
     Federal, State or local official in connection with a 
     national emergency, or whose operations are significantly 
     affected by such a disaster, may be granted temporary relief 
     from requirements that are rendered infeasible or 
     unreasonable by a national emergency, including due diligence 
     requirements and reporting deadlines.
       (b) Notice of Waivers or Modifications.--
       (1) In general.--Notwithstanding section 437 of the General 
     Education Provisions Act (20 U.S.C. 1232) and section 553 of 
     title 5, United States Code, the Secretary shall, by notice 
     in the Federal Register, publish the waivers or modifications 
     of statutory and regulatory provisions the Secretary deems 
     necessary to achieve the purposes of this section.
       (2) Terms and conditions.--The notice under paragraph (1) 
     shall include the terms and conditions to be applied in lieu 
     of such statutory and regulatory provisions.
       (3) Case-by-case basis.--The Secretary is not required to 
     exercise the waiver or modification authority under this 
     section on a case-by-case basis.
       (c) Impact Report.--The Secretary shall, not later than 15 
     months after first exercising any authority to issue a waiver 
     or modification under subsection (a), report to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, Labor 
     and Pensions of the Senate on the impact of any waivers or 
     modifications issued pursuant to subsection (a) on affected 
     individuals and the programs under title IV of the Act, and 
     the basis for such determination, and include in such report 
     the Secretary's recommendations for changes to the statutory 
     or regulatory provisions that were the subject of such waiver 
     or modification.
       (d) No Delay in Waivers and Modifications.--Sections 482(c) 
     and 492 of the Higher Education Act of 1965 (20 U.S.C. 
     1089(c), 1098a) shall not apply to the waivers and 
     modifications authorized or required by this title.

     SEC. 1503. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED 
                   FORCES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) all institutions offering postsecondary education 
     should provide a full refund to students who are affected 
     individuals for that portion of a period of instruction such 
     student was unable to complete, or for which such individual 
     did not receive academic credit, because he or she was called 
     up for active duty or active service; and
       (2) if affected individuals withdraw from a course of study 
     as a result of such active duty or active service, such 
     institutions should make every effort to minimize deferral of 
     enrollment or reapplication requirements and should provide 
     the greatest flexibility possible with administrative 
     deadlines related to those applications.
       (b) Definition of Full Refund.--For purposes of this 
     section, a full refund includes a refund of required tuition 
     and fees, or a credit in a comparable amount against future 
     tuition and fees.

     SEC. 1504. USE OF PROFESSIONAL JUDGMENT.

       A financial aid administrator shall be considered to be 
     making a necessary adjustment in accordance with section 
     479A(a) of the Act if the administrator makes adjustments 
     with respect to the calculation of the expected student or 
     parent contribution (or both) of an affected individual, and 
     adequately documents the need for the adjustment.

     SEC. 1505. DEFINITIONS.

       In this title:
       (1) Active duty.--The term ``active duty'' has the meaning 
     given such term in section 101(d)(1) of title 10, United 
     States Code, except that such term does not include active 
     duty for training or attendance at a service school.
       (2) Affected individual.--The term ``affected individual'' 
     means an individual who--
       (A) is serving on active duty during a war or other 
     military operation or national emergency;
       (B) is performing qualifying National Guard duty during a 
     war or other military operation or national emergency;
       (C) resides or is employed in an area that is declared a 
     disaster area by any Federal, State, or local official in 
     connection with a national emergency; or
       (D) suffered direct economic hardship as a direct result of 
     a war or other military operation or national emergency, as 
     determined by the Secretary.
       (3) Military operation.--The term ``military operation'' 
     means a contingency operation as such term is defined in 
     section 101(a)(13) of title 10, United States Code.
       (4) National emergency.--The term ``national emergency'' 
     means a national emergency declared by the President of the 
     United States.
       (5) Serving on active duty.--The term ``serving on active 
     duty during a war or other military operation or national 
     emergency'' shall include service by an individual who is--
       (A) a Reserve of an Armed Force ordered to active duty 
     under section 12301(a), 12301(g), 12302, 12304, or 12306 of 
     title 10, United States Code, or any retired member of an 
     Armed Force ordered to active duty under section 688 of such 
     title, for service in connection with a war or other military 
     operation or national emergency, regardless of the location 
     at which such active duty service is performed; and
       (B) any other member of an Armed Force on active duty in 
     connection with such war, operation, or emergency or 
     subsequent actions or conditions who has been assigned to a 
     duty station at a location other than the location at which 
     such member is normally assigned.
       (6) Qualifying national guard duty.--The term ``qualifying 
     National Guard duty during a war or other military operation 
     or national emergency'' means service as a member of the 
     National Guard on full-time National Guard duty (as defined 
     in section 101(d)(5) of title 10, United States Code) under a 
     call to active service authorized by the President or the 
     Secretary of Defense for a period of more than 30 consecutive 
     days under section 502(f) of title 32, United States Code, in 
     connection with a war, another military operation, or a 
     national emergency declared by the President and supported by 
     Federal funds.

     SEC. 1506. TERMINATION OF AUTHORITY.

       The provisions of this title shall cease to be effective at 
     the close of September 30, 2005.


         Amendment No. 2 Offered by Mr. Brown of South Carolina

  The text of the amendment is as follows:

       At the end of title III (page __, after line __), insert 
     the following new section:

     SEC. __. EXPANSION OF DEPARTMENT OF DEFENSE EXCESS PERSONAL 
                   PROPERTY DISPOSAL PROGRAM TO INCLUDE HEALTH 
                   AGENCIES IN ADDITION TO LAW ENFORCEMENT AND 
                   FIREFIGHTING AGENCIES.

       (a) Inclusion of Health Agencies.--Section 2576b of title 
     10, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection (a):
       ``(a) Transfer Authorized.--Subject to subsection (b), the 
     Secretary of Defense may transfer to a firefighting agency or 
     health agency in a State any personal property of the 
     Department of Defense that the Secretary determines is--
       ``(1) excess to the needs of the Department of Defense; and
       ``(2) suitable for use in providing fire and emergency 
     medical services or responding to health or environmental 
     emergencies, including personal protective equipment and 
     equipment for communication and monitoring.''; and
       (2) in subsection (b)(2) and (c), by striking 
     ``firefighting'' both places it appears.
       (b) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 2576b. Excess personal property: sale or donation to 
       assist firefighting agencies and health agencies

       (2) The table of sections at the beginning of chapter 153 
     of such title is amended by striking the item relating to 
     section 2576b and inserting the following new item:

``2576b. Excess personal property: sale or donation to assist 
              firefighting agencies and health agencies.''.


                Amendment No. 3 Offered by Mr. Ackerman

  The text of the amendment is as follows:

       At the end of title XII (page 384, after line 3), insert 
     the following new section:

     SEC. __. SENSE OF CONGRESS CONCERNING NAVY PORT CALLS IN 
                   ISRAEL.

       (a) Findings.--Congress finds the following:
       (1) The United States Sixth Fleet has not conducted regular 
     visits to the port of Haifa, Israel, since the attack on the 
     U.S.S. Cole in Aden, Yemen, on October 12, 2000, but 
     previously visited that port on a regular basis, with an 
     average of 90 United States warships visiting Haifa each 
     year.
       (2) The United States Navy has invested millions of dollars 
     in expanding the capacity and capability of the port of Haifa 
     to accommodate United States Navy requirements and the port 
     of Haifa is among the most secure harbors in the world and 
     offers reliable and efficient repair facilities with close 
     proximity to capable air transport and communications.
       (3) The forward presence of United States Navy ships is a 
     powerful deterrent to aggression and a tangible expression of 
     American national interests.

[[Page H4576]]

       (4) The visits of the United States Sixth Fleet to Haifa 
     demonstrate the historic friendship of the American and 
     Israeli people and the commitment of the United States to the 
     security and survival of the State of Israel.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of Defense and the United States Navy 
     should engage with the Government of Israel and the Israel 
     Defense Forces to establish appropriate and effective 
     arrangements to ensure the safety of United States Navy 
     vessels and personnel; and
       (2) upon such arrangements being made, the Sixth Fleet 
     should resume regular port visits to Haifa, Israel.


                 Amendment No. 5 Offered by Mr. Hefley

  The text of the amendment is as follows:

       At the end of title X (page 333, after line 21), insert the 
     following new section:

     SEC. __. PILOT PROGRAM TO IMPROVE USE OF AIR FORCE AND AIR 
                   NATIONAL GUARD MODULAR AIRBORNE FIRE-FIGHTING 
                   SYSTEMS TO FIGHT WILDFIRES.

       (a) Temporary Exception to Economy Act Requirement.--
     Notwithstanding section 1535(a)(4) of title 31, United States 
     Code, the Secretary of the Interior and the Secretary of 
     Agriculture may procure the services of military aircraft 
     (and personnel of the Armed Forces to operate and maintain 
     such aircraft) of Air Force and Air National Guard Modular 
     Airborne Fire-Fighting Systems units in California, Colorado, 
     North Carolina, and Wyoming to fight a wildfire without first 
     comparing the cost and convenience of procuring such services 
     from such source to the cost of procuring the same services 
     from a commercial enterprise.
       (b) Duration of Pilot Program.--The authority provided by 
     subsection (a) expires December 31, 2005.
       (c) Reporting Requirement.--Not later than February 1, 
     2005, the Secretary of the Interior and the Secretary of 
     Agriculture shall submit to Congress a report describing--
       (1) the use of the exception provided in subsection (a) to 
     expedite the procurement of the services of Air Force and Air 
     National Guard Modular Airborne Fire-Fighting Systems units 
     to fight wildfires; and
       (2) the ability of these units in responding to wildfires 
     in a timely and effective manner.


                 Amendment No. 7 Offered by Mr. Lantos

  The text of the amendment is as follows:

       In section 1021, strike subsection (b) (page 274, lines 22 
     through 24), and redesignate subsequent subsections 
     accordingly.


          Amendment No. 8 Offered by Ms. Jackson-Lee of Texas

  The text of the amendment is as follows:

       At the end of title X (page 333, after line 21), insert the 
     following new section:

     SEC. __. STUDY ON FEASIBILITY OF USE OF SMALL BUSINESSES, 
                   MINORITY-OWNED BUSINESSES, AND WOMEN-OWNED 
                   BUSINESSES IN EFFORTS TO REBUILD IRAQ.

       The Secretary of Defense shall commission a study of the 
     feasibility of using small businesses, minority-owned 
     businesses, and women-owned businesses in the United States' 
     efforts to rebuild Iraq. The study shall include the 
     development of outreach procedures to provide, to small 
     businesses, minority-owned businesses, and women-owned 
     businesses, information on participating in rebuilding Iraq.


                Amendment No. 10 Offered by Ms. Woolsey

  The text of the amendment is as follows:

       At the end of title X (page 333, after line 21), insert the 
     following new section:

     SEC. __. SENSE OF CONGRESS REGARDING CONTINUATION OF MISSION 
                   AND FUNCTIONS OF ARMY PEACEKEEPING INSTITUTE.

       It is the sense of Congress that the Secretary of Defense 
     should maintain the functions and missions of the Army 
     Peacekeeping Institute at the Army War College in Carlisle, 
     Pennsylvania, or within a joint entity of the Department of 
     Defense, such as the National Defense University or the Joint 
     Forces Command, to ensure that members of the Armed Forces 
     continue to study the strategic challenges and uses of 
     peacekeeping missions and to prepare the Armed Forces for 
     conducting such missions.


  Amendment No. 11, as Modified, Offered by Mr. Weldon of Pennsylvania

  The Clerk read as follows:

       Amendment No. 11, as modified, offered by Mr. Weldon of 
     Pennsylvania:
       The amendment as modified is as follows:
       Page 389, line 24, strike ``$50,000,000'' and insert 
     ``$78,000,000''.
       At the end of the bill, add the following new title:

                TITLE XXXVI--NUCLEAR SECURITY INITIATIVE

     SEC. 3601. SHORT TITLE.

       This title may be cited as the ``Nuclear Security 
     Initiative Act of 2003''.

           Subtitle A--Nonproliferation Program Enhancements

     SEC. 3611. ESTABLISHMENT OF INTERNATIONAL NUCLEAR MATERIALS 
                   PROTECTION AND COOPERATION PROGRAM IN 
                   DEPARTMENT OF STATE.

       (a) Policy With Respect to Former Soviet Union.--It is the 
     policy of the United States to seek to cooperate with the 
     Russian Federation and each other independent state of the 
     former Soviet Union to effect as quickly as is reasonably 
     practical basic security measures (such as the replacement of 
     doors, the bricking of or placement of bars in windows, the 
     clearing of underbrush from facility perimeters, and the 
     erection of fences) at each facility in the Russian 
     Federation and each such state that is used for storing 
     nuclear weapons or nuclear materials and is not yet protected 
     by such measures.
       (b) Policy Worldwide.--It is the policy of the United 
     States to seek to cooperate with all appropriate nations--
       (1) to attempt to ensure that all nuclear weapons and 
     nuclear materials worldwide are secure and accounted for 
     according to stringent standards; and
       (2) to minimize the number of facilities worldwide at which 
     separated plutonium and highly enriched uranium are present, 
     so as to achieve the highest and most sustainable levels of 
     security for such facilities in the most cost-effective 
     manner.
       (c) Expansion of Program to Additional Countries 
     Authorized.--(1) The Secretary of State may establish an 
     international nuclear materials protection and cooperation 
     program with respect to countries other than the Russian 
     Federation and the other independent states of the former 
     Soviet Union.
       (2) In carrying out such program, the Secretary of State 
     may provide such funds as are needed to remove nuclear 
     materials from potentially vulnerable facilities, including 
     funds to cover the costs of--
       (A) transporting such materials from those facilities to 
     secure facilities;
       (B) purchasing such materials;
       (C) converting those facilities to a use that no longer 
     requires nuclear materials; and
       (D) providing incentives to facilitate the removal of such 
     materials from such facilities.
       (3)(A) The Secretary of Energy may provide technical 
     assistance to the Secretary of State in the efforts of the 
     Secretary of State, in carrying out the program, to assist 
     such countries to review and improve their security programs 
     with respect to nuclear weapons and nuclear materials.
       (B) The technical assistance provided under subparagraph 
     (A) may, where consistent with the treaty obligations of the 
     United States, include the sharing of technology or 
     methodologies to the countries referred to in that 
     subparagraph. Any such sharing shall take into account the 
     sovereignty of the country concerned and the nuclear weapons 
     programs of such country, as well as the sensitivity of any 
     information involved regarding United States nuclear weapons 
     or nuclear weapons systems.
       (C) The Secretary of State may include the Russian 
     Federation in activities under this paragraph if the 
     Secretary determines that the experience of the Russian 
     Federation under the International Nuclear Materials 
     Protection and Cooperation program of the Department of 
     Energy would make the participation of the Russian Federation 
     in those activities useful in providing technical assistance 
     under subparagraph (A).

   Subtitle B--Administration and Oversight of Threat Reduction and 
                       Nonproliferation Programs

     SEC. 3621. ANALYSIS OF EFFECT ON THREAT REDUCTION AND 
                   NONPROLIFERATION PROGRAMS OF CONGRESSIONAL 
                   OVERSIGHT MEASURES WITH RESPECT TO SUCH 
                   PROGRAMS.

       (a) Analysis of and Report on Congressional Oversight 
     Measures.--(1) The National Academy of Sciences shall carry 
     out an analysis of the effect on threat reduction and 
     nonproliferation programs of applicable congressional 
     oversight measures. The analysis shall take into account--
       (A) the national security interests of the United States;
       (B) the need for accountability in the expenditure of funds 
     by the United States;
       (C) the effect of such congressional oversight measures on 
     the continuity and effectiveness of such programs; and
       (D) the oversight responsibilities of Congress with respect 
     to such programs.
       (2) In carrying out the analysis, the National Academy of 
     Sciences shall consult with the chairs and ranking minority 
     members of the Committees on Armed Services of the Senate and 
     the House of Representatives.
       (b) Report.--Not later than November 1, 2004, the National 
     Academy of Sciences shall submit to Congress a report on the 
     analysis required by subsection (a). The report shall--
       (1) identify, and describe the purpose of, each 
     congressional oversight measure; and
       (2) set forth such recommendations as the National Academy 
     of Sciences considers appropriate as to whether the measure 
     should be retained, amended, or repealed, together with the 
     reasoning underlying that determination.
       (c) Definitions.--In this section:
       (1) the term ``congressional oversight measure'' means--
       (A) the restrictions in subsection (d) of section 1203 of 
     the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 
     5952);
       (B) the eligibility requirements in paragraphs (1) through 
     (4) of section 502 of the FREEDOM Support Act (22 U.S.C. 
     5852);
       (C) the prohibition in section 1305 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 512; 22 U.S.C. 5952 note); and
       (D) any restriction or prohibition on the use of funds 
     otherwise available for threat

[[Page H4577]]

     reduction and nonproliferation programs that applies absent 
     the submission to Congress (or any one or more officers or 
     committees of Congress) of a report, certification, or other 
     matter.
       (2) The term ``threat reduction and nonproliferation 
     programs'' means--
       (A) the programs specified in section 1501(b) of the 
     National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note); 
     and
       (B) any programs for which funds are made available under 
     the defense nuclear nonproliferation account of the 
     Department of Energy.

     SEC. 3622. ANNUAL REPORT ON THE USE OF FUNDS APPROPRIATED FOR 
                   THREAT REDUCTION AND NONPROLIFERATION IN STATES 
                   OF THE FORMER SOVIET UNION.

       (a) Report.--Not later than December 31 of each year, the 
     Secretary of Energy shall submit to Congress a report on the 
     use, during the fiscal year ending September 30 of that year, 
     of funds appropriated for threat reduction and 
     nonproliferation programs in the Russian Federation and the 
     other independent states of the former Soviet Union. The 
     report shall be prepared in consultation with the Secretary 
     of Defense and shall include the following:
       (1) A description of the use of such funds and the manner 
     in which such funds are being monitored and accounted for, 
     including--
       (A) the amounts obligated, and the amounts expended, for 
     such activities;
       (B) the purposes for which such amounts were obligated and 
     expended;
       (C) the forms of assistance provided, and the justification 
     for each form of assistance provided;
       (D) the success of each such activity, including the 
     purposes achieved for each such activity;
       (E) a description of the participation in such activities 
     by private sector entities in the United States and by 
     Federal agencies; and
       (F) any other information that the Secretary of Energy 
     considers appropriate to provide a complete description of 
     the operation and success of such activities.
       (2) An accounting of the financial commitment made by the 
     Russian Federation, as of the date of the end of the fiscal 
     year covered by the report, to the destruction of its weapons 
     of mass destruction and to threat reduction and 
     nonproliferation programs.
       (3) A description of the efforts made by the United States 
     to encourage the Russian Federation to continue to maintain 
     its current level of financial commitment at a level not less 
     than the level of its commitment for fiscal year 2003, and 
     the response of the Russian Federation to such efforts.
       (4) A description of the access provided by the Russian 
     Federation to the United States during the fiscal year 
     covered by the report to the facilities with respect to which 
     the United States is providing assistance under threat 
     reduction and nonproliferation programs.
       (b) Consultation Required.--In preparing the report, the 
     Secretary of Energy shall consult with the chairs and ranking 
     minority members of the following congressional committees:
       (1) The Committee on Armed Services, Committee on 
     Appropriations, and Committee on International Relations of 
     the House of Representatives.
       (2) The Committee on Armed Services, Committee on 
     Appropriations, and Committee on Foreign Relations of the 
     Senate.
       (c) Information From Russian Federation.--In the case of 
     activities covered by the report that are carried out in the 
     Russian Federation, the Secretary of Energy shall, in 
     preparing the report, include information provided by the 
     Russian Federation with respect to those activities.
       (d) Definition.--In this section, the term ``threat 
     reduction and nonproliferation programs'' has the meaning 
     given such term in section 3621.

     SEC. 3623. PLAN FOR AND COORDINATION OF CHEMICAL AND 
                   BIOLOGICAL WEAPONS NONPROLIFERATION PROGRAMS 
                   WITH STATES OF THE FORMER SOVIET UNION.

       (a) Chemical and Biological Weapons Plan.--Section 1205 of 
     the National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107; 115 Stat. 1247), as amended by section 
     1205 of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2664) is 
     amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Chemical and Biological Weapons.--(1) Not later than 
     June 1, 2004, the President shall develop with the President 
     of the Russian Federation and submit to Congress a 
     comprehensive, detailed plan--
       ``(A) to account for, secure, and destroy all chemical and 
     biological weapons, and the chemical and biological materials 
     designed for use in such weapons, that are located in Russia 
     and the independent states of the former Soviet Union; and
       ``(B) to prevent the outflow from those states of the 
     technology and scientific expertise that could be used for 
     developing those weapons, including delivery systems.
       ``(2) The plan required by paragraph (1) shall include the 
     following:
       ``(A) Specific goals and measurable objectives for the 
     programs that are designed to carry out the objectives 
     specified in subparagraphs (A) and (B) of paragraph (1).
       ``(B) Identification of all significant obstacles to 
     achieving those objectives and the means for overcoming those 
     obstacles.
       ``(C) Criteria for success for those programs and a 
     strategy for eventual termination of United States 
     contributions to those programs and assumption of the ongoing 
     support of those programs by the Russian Federation.
       ``(D) Specification of the fiscal and other resources 
     necessary in each of the eight fiscal years after fiscal year 
     2003 to achieve those objectives, including contributions 
     from the international community.
       ``(E) Arrangements for United States oversight and access 
     to sites.
       ``(F) Recommendations for any changes--
       ``(i) in the structure or organization of the programs for 
     carrying out those objectives; and
       ``(ii) in regulations or legislation that would increase 
     the efficiency and coordination of those programs or would 
     otherwise contribute to the achievement of those objectives.
       ``(3) In developing the plan required by paragraph (1), the 
     President shall consult with--
       ``(A) the majority and minority leadership of the 
     appropriate committees of Congress; and
       ``(B) appropriate officials of the states of the former 
     Soviet Union.
       ``(4)(A) The President, after consultation with the 
     majority and minority leadership of the appropriate 
     committees of Congress, shall designate a senior official of 
     the Executive Branch, and provide that official with 
     sufficient authority and staffing and other resources, to 
     coordinate the programs referred to in paragraph (2)(A).
       ``(B) The President shall designate that official not later 
     than 12 months after the date of the enactment of this 
     subsection.''.
       (b) Report Required To Cover Both Plans.--Subsection (e) of 
     section 1205 of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247), as 
     redesignated by subsection (a), is amended--
       (1) in the subsection heading, by striking ``Plan.--'' and 
     inserting ``Plans.--'';
       (2) in paragraph (1)--
       (A) by striking ``January 31, 2003,'' and inserting 
     ``January 31, 2005,''; and
       (B) by striking ``plan required by subsection (a)'' and 
     inserting ``plans required by subsections (a) and (d)(1)''; 
     and
       (3) in paragraph (2)--
       (A) in subparagraph (A), by striking ``plan required by 
     subsection (a)'' and inserting ``plans required by 
     subsections (a) and (d)(1)''; and
       (B) in subparagraphs (B), (C), and (D) by striking ``plan'' 
     each place it appears and inserting ``plans''.
       (c) Conforming Amendment.--The heading of section 1205 of 
     the National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107; 115 Stat. 1247) is amended to read as 
     follows:

     ``SEC. 1205. PLANS FOR SECURING NUCLEAR WEAPONS, MATERIAL, 
                   AND EXPERTISE OF, AND FOR COORDINATING CHEMICAL 
                   AND BIOLOGICAL WEAPONS NONPROLIFERATION 
                   PROGRAMS WITH, STATES OF THE FORMER SOVIET 
                   UNION.''.

       (d) Effective Date for First Report Covering Both Plans.--
     The amendments made by subsection (b) shall apply with 
     respect to the first report due after January 31, 2004.

              Subtitle C--United States--Russia Relations

     SEC. 3631. COMPREHENSIVE INVENTORIES AND DATA EXCHANGES ON 
                   NUCLEAR WEAPONS-GRADE MATERIAL AND NUCLEAR 
                   WEAPONS.

       (a) Findings.--Congress finds that inventories of nuclear 
     weapons-grade material and nuclear weapons should be tracked 
     in order, among other things--
       (1) to make it more likely that the Russian Federation can 
     fully account for its entire inventory of nuclear weapons-
     grade material and nuclear weapons; and
       (2) to make it more likely that the sources of any such 
     material or weapons possessed or used by any foreign state or 
     terrorist organization can be identified.
       (b) Statement of Policy.--To the extent that the President 
     considers prudent, it is the policy of the United States to 
     seek to establish jointly with the Russian Federation 
     comprehensive inventories and data exchanges of Russian 
     Federation and United States nuclear weapons-grade material 
     and nuclear weapons, with particular attention to tactical 
     warheads and warheads that are no longer operationally 
     deployed.
       (c) Assistance in Developing Comprehensive Inventories.--
     Notwithstanding any other provision of law, the United States 
     should seek to work with the Russian Federation to develop 
     comprehensive inventories of Russian highly enriched uranium, 
     weapons-grade plutonium, and assembled warheads, with special 
     attention to be focused on tactical warheads and warheads 
     that are no longer operationally deployed.
       (d) Data Exchanges.--As part of the development of 
     inventories under subsection (c), to the maximum extent 
     practicable and without jeopardizing United States national 
     security interests, the United States may exchange data with 
     the Russian Federation on categories of material and weapons 
     described in subsection (c).
       (e) Report.--Not later than 12 months after the date of the 
     enactment of this Act,

[[Page H4578]]

     and annually thereafter until a comprehensive inventory is 
     created and the information collected from the inventory is 
     exchanged between the United States and the Russian 
     Federation, the President shall submit to Congress a report, 
     in both classified and unclassified form as necessary, 
     describing the progress that has been made toward creating an 
     inventory and exchanging the information.

     SEC. 3632. ESTABLISHMENT OF DUMA-CONGRESS NUCLEAR THREAT 
                   REDUCTION WORKING GROUP.

       (a) Establishment of Working Group.--There is hereby 
     established a working group to be known as the ``Nuclear 
     Threat Reduction Working Group'' as an interparliamentary 
     group of the United States and the Russian Federation.
       (b) Purpose of Working Group.--The purpose of the Working 
     Group established by subsection (a) shall be to explore means 
     to enhance cooperation between the United States and the 
     Russian Federation with respect to nuclear nonproliferation 
     and security, and such other issues related to reducing 
     nuclear weapons dangers as the delegations from the two 
     legislative bodies may consider appropriate.
       (c) Membership.--(1) The majority leader of the Senate, 
     after consultation with the minority leader of the Senate, 
     shall appoint 10 Senators to the Working Group established by 
     subsection (a).
       (2) The Speaker of the House of Representatives, after 
     consultation with the minority leader of the House of 
     Representatives, shall appoint 30 Representatives to the 
     Working Group.

     SEC. 3633. JOINT UNITED STATES/NORTH ATLANTIC TREATY 
                   ORGANIZATION COOPERATION WITH RUSSIA ON 
                   THEATER-LEVEL BALLISTIC MISSILE DEFENSES.

       (a) Policy.--It is the policy of the United States that the 
     President should seek to ensure that the United States takes 
     the lead in arranging for the United States, in conjunction 
     with the North Atlantic Treaty Organization, to enter into 
     appropriate cooperative relationships with the Russian 
     Federation with respect to the development and deployment of 
     theater-level ballistic missile defenses.
       (b) Purpose of Cooperative Relationships.--It is the policy 
     of the United States--
       (1) that the purpose of the cooperative relationships 
     described in subsection (a) is to increase transparency and 
     confidence with the Russian Federation;
       (2) that United States defense and security cooperation 
     with the Russian Federation should contribute to defining a 
     new bilateral strategic framework that is not rooted in the 
     concept of ``mutual assured destruction''; and
       (3) that that new bilateral strategic framework should be 
     based upon improving the security of the United States and 
     the Russian Federation by promoting transparency and 
     confidence between the two countries.
       (c) Report to Congress.--Not later than one year after the 
     date of the enactment of this Act, the President shall 
     transmit to Congress a report (in unclassified or classified 
     form as necessary) on the feasibility of increasing 
     cooperation with the Russian Federation on the subject of 
     theater-level ballistic missile defenses and on the purposes 
     and objectives set forth in subsection (b). The report shall 
     include--
       (1) recommendations from the Department of Defense and 
     Missile Defense Agency;
       (2) a threat assessment; and
       (3) an assessment of possible benefits to missile defense 
     programs of the United States.

     SEC. 3634. ENCOURAGEMENT OF ENHANCED COLLABORATION TO ACHIEVE 
                   MORE RELIABLE RUSSIAN EARLY WARNING SYSTEMS.

       (a) Findings.--Congress finds that--
       (1) the innovative United States-Russian space-based remote 
     sensor research and development program known as the Russian-
     American Observation Satellite (RAMOS) program addresses a 
     variety of defense concerns while promoting enhanced 
     transparency and confidence between the United States and the 
     Russian Federation; and
       (2) an initial concept of co-orbiting United States and 
     Russian satellites for simultaneous stereo observations is 
     complete and should be continued.
       (b) Policy.--To the exent that the President considers 
     prudent, it is the policy of the United States--
       (1) to encourage joint efforts by the United States and the 
     Russian Federation to reduce the chances of a Russian nuclear 
     attack anywhere in the world as the result of misinformation 
     or miscalculation by developing the capabilities and 
     increasing the reliability of Russian ballistic missile 
     early-warning systems, including the Russian-American 
     Observation Satellite (RAMOS) program; and
       (2) to encourage other United States-Russian programs to 
     ensure that the Russia Federation has reliable information, 
     including real-time data, regarding launches of ballistic 
     missiles anywhere in the world.
       (c) Interim RAMOS Funding.--To the extent that the 
     Secretary of Defense considers prudent, the Secretary of 
     Defense shall ensure that, pending the execution of a new 
     agreement between the United States and the Russian 
     Federation providing for the conduct of the RAMOS program, 
     sufficient amounts of funds appropriated for that program are 
     used in order to ensure the satisfactory continuation of that 
     program during fiscal years 2004 and 2005.

     SEC. 3635. TELLER-KURCHATOV ALLIANCE FOR PEACE.

       (a) Findings.--Congress finds that--
       (1) Edward Teller of the United States and Igor Kurchatov 
     of the former Soviet Union were architects of the nuclear 
     weapons programs in their respective countries;
       (2) these outstanding individuals both expressed a longing 
     for peace and opposition to war; and
       (3) as the United States and the Russian Federation work 
     together to redirect the nations of the world towards the 
     peaceful use of nuclear energy, seeking to improve the 
     quality of life for all human beings, it is appropriate to 
     establish an alliance for peace in the names of Edward Teller 
     and Igor Kurchatov.
       (b) Teller-Kurchatov Alliance for Peace.--(1) To the extent 
     that the Secretary of Energy considers prudent, the Secretary 
     shall seek to enter into an agreement with the Minister of 
     Atomic Energy of the Russian Federation to carry out a 
     cooperative venture, to be known as the Teller-Kurchatov 
     Alliance for Peace, to develop and promote peaceful, safe, 
     and environmentally sensitive uses of nuclear energy.
       (2) The cooperative venture referred to in paragraph (1) 
     shall involve the national security laboratories of the 
     National Nuclear Security Administration and the laboratories 
     of the Ministry of Atomic Energy and the Kurchatov Institute 
     of the Russian Federation.
       (3) The cooperative venture shall be directed by two co-
     chairs, one each from the United States and the Russian 
     Federation. The co-chair from the United States shall serve 
     for a term of two years and shall be designated by the 
     Administrator for Nuclear Security from among officials of 
     the three national security laboratories, with each 
     laboratory represented on a rotating basis.

     SEC. 3636. NONPROLIFERATION FELLOWSHIPS.

       (a) In General.--(1) From amounts made available to carry 
     out this section, the Administrator for Nuclear Security may 
     carry out a program under which the Administrator awards, to 
     scientists employed at the Kurchatov Institute of the Russian 
     Federation and Lawrence Livermore National Laboratory, 
     international exchange fellowships, to be known as Teller-
     Kurchatov Fellowships, in the nuclear nonproliferation 
     sciences.
       (2) The purpose of the program shall be to provide 
     opportunities for advancement in the field of nuclear 
     nonproliferation to scientists who, as demonstrated by their 
     academic or professional achievements, show particular 
     promise of making significant contributions in that field.
       (3) A fellowship awarded to a scientist under the program 
     shall be for study and training at (and, where appropriate, 
     at an institution of higher education in the vicinity of)--
       (A) the Kurchatov Institute, in the case of a scientist 
     employed at Lawrence Livermore National Laboratory; and
       (B) Lawrence Livermore National Laboratory, in the case of 
     a scientist employed at the Kurchatov Institute.
       (4) The duration of a fellowship under the program may not 
     exceed two years. The Administrator may provide for a longer 
     duration in an individual case to the extent warranted by 
     extraordinary circumstances, as determined by the 
     Administrator.
       (5) In a calendar year, the Administrator may not award 
     more than--
       (A) one fellowship to a scientist employed at the Kurchatov 
     Institute; and
       (B) one fellowship to a scientist employed at Lawrence 
     Livermore National Laboratory.
       (6) A fellowship under the program shall include--
       (A) travel expenses;
       (B) any tuition and fees at an institution of higher 
     education for study or training under the fellowship; and
       (C) any other expenses that the Administrator considers 
     appropriate, such as room and board.
       (b) Funding.--Amounts available to the Department of Energy 
     for defense nuclear nonproliferation activities shall be 
     available for the fellowships authorized by subsection (a).
       (c) Definitions.--In this section--
       (1) the term ``institution of higher education'' means a 
     college, university, or other educational institution that is 
     empowered by an appropriate authority, as determined by the 
     Administrator, to award degrees higher than the baccalaureate 
     level;
       (2) the term ``nuclear nonproliferation sciences'' means 
     bodies of scientific knowledge relevant to developing or 
     advancing the means to prevent or impede the proliferation of 
     nuclear weaponry; and
       (3) the term ``scientist'' means an individual who has a 
     degree from an institution of higher education in a science 
     that has practical application in the field of nuclear 
     nonproliferation.

                       Subtitle D--Other Matters

     SEC. 3641. PROMOTION OF DISCUSSIONS ON NUCLEAR AND 
                   RADIOLOGICAL SECURITY AND SAFETY BETWEEN THE 
                   INTERNATIONAL ATOMIC ENERGY AGENCY AND THE 
                   ORGANIZATION FOR ECONOMIC COOPERATION AND 
                   DEVELOPMENT.

       (a) Findings.--Congress finds that--
       (1) cooperative programs to control potential threats from 
     any fissile and radiological materials, whatever and wherever 
     their

[[Page H4579]]

     sources, should be expanded to include additional states and 
     international organizations; and
       (2) addressing issues of nuclear weapons and materials, as 
     well as the issue of radiological dispersal bombs, in new 
     forums around the world is crucial to the generation of 
     innovative mechanisms directed at addressing the threats.
       (b) Sense of Congress Regarding Initiation of Dialogue 
     Between the IAEA and the OECD.--It is the sense of Congress 
     that--
       (1) the United States should seek to initiate discussions 
     between the International Atomic Energy Agency and the 
     Organization for Economic Cooperation and Development for the 
     purpose of exploring issues of nuclear and radiological 
     security and safety, including the creation of new sources of 
     revenue (including debt reduction) for states to provide 
     nuclear security; and
       (2) the discussions referred to in paragraph (1) should 
     also provide a forum to explore possible sources of funds in 
     support of the G-8 Global Partnership Against the Spread of 
     Weapons and Materials of Mass Destruction.
       (c) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a report on--
       (1) the efforts made by the United States to initiate the 
     discussions described in subsection (b);
       (2) the results of those efforts; and
       (3) any plans for further discussions and the purposes of 
     such discussions.


           Amendment No. 12 Offered by Mr. Rogers of Michigan

  The text of the amendment is as follows:

         At the end of title XII (page 384, after line 3), insert 
     the following new section:

     SEC. __. ASSISTANCE TO IRAQI CHILDREN INJURED DURING 
                   OPERATION IRAQI FREEDOM.

         (a) Assistance.--The Secretary of Defense shall, to the 
     maximum extent practicable, provide all necessary support in 
     an expeditious manner to assist Iraqi children who were 
     injured during Operation Iraqi Freedom.
         (b) Additional Requirements.--Assistance described in 
     subsection (a) may be provided to a child only if adequate 
     treatment from other sources in Iraq or neighboring countries 
     is not available and only after completion of an evaluation 
     by a physician or other appropriate medical personnel of the 
     United States Armed Forces. In addition, assistance described 
     in subsection (a) may be provided only if it would not 
     adversely affect military operations of the United States.
         (c) Definition.--In this section, the term ``Operation 
     Iraqi Freedom'' means operations of the United States Armed 
     Forces, the armed forces of the United Kingdom, and the armed 
     forces of other coalition member countries initiated on or 
     about March 19, 2003--
         (1) to disarm Iraq of its weapons of mass destruction;
         (2) to enforce United Nations Security Council Resolution 
     1441 (November 8, 2002) and other relevant Security Council 
     resolutions with respect to Iraq; and
         (3) to liberate the people of Iraq from the regime of 
     Saddam Hussein.


                 Amendment No. 13 Offered by Mr. Upton

  The text of the amendment is as follows:

       At the end of subtitle B of title VI (page 172, after line 
     19), insert the following new section:

     SEC. __. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER PAY 
                   FOR RESERVE COMPONENT MEMBERS SERVING IN 
                   RESPONSE TO CERTAIN DOMESTIC TERRORIST ATTACKS.

       (a) Availability of Special Pay.--Subsection (a)(2) of 
     section 310 of title 37, United States Code, as amended by 
     section 616 of this Act, is amended--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) was on duty as a first responder, or as a member 
     assigned to accompany or protect first responders, to a 
     terrorist attack on the United States regarding which there 
     is an immediate threat of physical harm or imminent danger as 
     a result of direct or residual effects of the attack or 
     potential secondary attacks; or''.
       (b) First Responder Defined.--Such section is further 
     amended by adding at the end the following new subsection:
       ``(e) First Responder Defined.--In this section, the term 
     `first responder' means a member of the uniformed services 
     who, as part of the member's assigned duties, is expected to 
     arrive at the site of a terrorist attack within 12 hours 
     after the attack.''.


                 Amendment No. 14 Offered by Mr. Vitter

  The text of the amendment is as follows:

       At the end of section 3517 (page 615, after line 12) add 
     the following new subsection:
       (c) Telecommunications Equipment.--The telecommunications 
     and other electronic equipment on an existing vessel that is 
     redocumented under the laws of the United States for 
     operation under an operating agreement under this subtitle 
     shall be deemed to satisfy all Federal Communications 
     Commission equipment certification requirements, if--
       (1) such equipment complies with all applicable 
     international agreements and associated guidelines as 
     determined by the country in which the vessel was documented 
     immediately before becoming documented under the laws of the 
     United States;
       (2) that country has not been identified by the Secretary 
     as inadequately enforcing international regulations as to 
     that vessel; and
       (3) at the end of its useful life, such equipment will be 
     replaced with equipment that meets Federal Communications 
     Commission equipment certification standards.


                 Amendment No. 15 Offered by Mr. Hunter

  The text of the amendment is as follows:

       At the end of subtitle B of title I (page 20, after line 
     24), insert the following new section:

     SEC. 112. CONFIGURATION OF FOURTH STRYKER BRIGADE COMBAT 
                   TEAM.

       (a) Configuration, Lethality Enhancements, and 
     Sustainability.--The Secretary of the Army shall configure 
     the fourth Stryker brigade combat team so that that brigade 
     combat team provides the commanders of combatant commands 
     with enhanced combat capability and sustainability well 
     beyond the combat and sustainment capabilities provided by 
     any one of the first three fielded Stryker brigade combat 
     teams.
       (b) Funds.--The amount provided in section 101(3) is hereby 
     increased by $100,000,000, to be available for procurement of 
     additional lethality and sustainability enhancements for the 
     fourth Stryker brigade combat team.
       (c) Options for Consideration.--In the execution of the 
     funds provided pursuant to subsection (b)(1), the Secretary 
     of the Army shall include among the enhancements considered 
     for the configuration of the fourth Stryker brigade combat 
     team enhancement with heavy armored vehicles, with additional 
     heavy attack helicopters, with additional reconnaissance and 
     attack helicopters, and with indirect fire artillery 
     capabilities, or with any combination thereof.
       (d) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of the Army shall 
     submit to the congressional defense committees a report that 
     details the additional types of lethality and sustainability 
     enhancements that will be fielded as part of the new 
     configuration of the fourth Stryker brigade combat team.
       At the end of subtitle A of title II (page 30, after line 
     7), insert the following new section:

     SEC. 203. PROGRAM INCREASES.

       (a) Computer-Assisted Medical Diagnostic Technology.--The 
     amount provided in section 201(1) for research, development, 
     test, and evaluation, Army, is hereby increased by 
     $3,000,000, to be available for Medical Advanced Technology 
     in Program Element 0603002A for evaluation for potential use 
     by Department of Defense medical treatment facilities of 
     commercially available medical diagnostic technology that, 
     using a digital chemical library and decision support 
     software, can be used for diagnosis of dermatological 
     diseases.
       (b) Lightweight Cartridge Cases for Ammunition.--The amount 
     provided in section 201(1) for research, development, test, 
     and evaluation, Army, is hereby increased by $3,000,000, to 
     be available for Weapons and Munitions Advanced Technology in 
     Program Element 0603004A for advanced technology development 
     for lightweight cartridge cases for ammunition.
       (c) Aviation-Shipboard Information Technology.--The amount 
     provided in section 201(2) for research, development, test, 
     and evaluation, Navy, is hereby increased by $6,500,000, to 
     be available for Shipboard Aviation Systems in Program 
     Element 0604512N to complete research and development for the 
     Aviation-Shipboard Information Technology Initiative.
       (d) AutoREAD.--The amount provided in section 201(2) for 
     research, development, test, and evaluation, Navy, is hereby 
     increased by $1,400,000, to be available for Shipboard 
     Aviation Systems in Program Element 0604512N to complete 
     research and development for the AutoREAD system for 
     improving the accuracy and reducing the workload of 
     collecting preventive maintenance data on aircraft launch and 
     recovery systems.
       (e) SPIKE Urban Warfare System.--The amount provided in 
     section 201(2) for research, development, test, and 
     evaluation, Navy, is hereby increased by $5,000,000, to be 
     available for the Marine Corps Advanced Technology 
     Demonstrations in Program Element 0603640M for development 
     and demonstration of the SPIKE urban warfare system.
       (f) Research in Hydrographic Sciences.--The amount provided 
     in section 201(2) for research, development, test, and 
     evaluation, Navy, is hereby increased by $3,250,000, to be 
     available for Air/Ocean Tactical Applications advanced 
     component development and prototyping in Program Element 
     0603207N for hydrographic sciences research.
       (g) Shipboard Electronic Warfare Improvements.--The amount 
     provided in section 201(2) for research, development, test, 
     and evaluation, Navy, is hereby increased by $5,000,000, to 
     be available for system development and demonstration for 
     Tactical Command Systems in Program Element 0604231N for an 
     at-sea demonstration for shipboard

[[Page H4580]]

     use of a variant of the F/A-22 digital electronic warfare 
     product improvement program.
       (h) Aerospace Sensors.--The amount provided in section 
     201(3) for research, development, test, and evaluation, Air 
     Force, is hereby increased by $4,000,000, to be available for 
     Aerospace Sensors in Program Element 0602204F for development 
     of general purpose reconfigurable signal processors suitable 
     for time critical sensor processing for broad military 
     intelligence, surveillance, and reconnaissance applications.
       (i) Elemental Detector Technology Appraisal.--The amount 
     provided in section 201(4) for research, development, test, 
     and evaluation, Defense-Wide, is hereby increased by 
     $2,000,000, to be available for Program Element 0603750D8Z, 
     Advanced Concept Technology Demonstrations, to evaluate the 
     capability of an elemental detector to provide directional 
     cueing to concentrations of specific elements and compounds.
       (j) Mustard Gas Antidote.--The amount provided in section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide, is hereby increased by $5,000,000, to be 
     available for Chemical-Biological Defense Applied Research in 
     Program Element 0603284BP for continuing applied research on 
     an antidote for mustard gas.
       At the end of subtitle A of title III (page 45, after line 
     21), insert the following new sections:

     SEC. 304. COUNTEREXPLOITATION INITIATIVE.

       Within the amount authorized to be appropriated by section 
     301(5) for operations and maintenance, Defense-wide, the 
     amount for the United States Special Operations Command is 
     hereby increased by $1,100,000, to be made available for the 
     initiative for accurately tracing portable, sensitive items 
     exported beyond the borders of the United States.

     SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATION 
                   AND MAINTENANCE ACCOUNT.

       The amount authorized to be appropriated in section 301(4) 
     is hereby reduced by $135,500,000.
       In section 318, strike subsection (c) (page 62, line 21, 
     through page 64, line 7) and insert the following new 
     subsection:
       (c) Incidental Takings of Marine Mammals in Military 
     Readiness Activities.--Section 101(a)(5) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended--
       (1) in subparagraph (A), by adding at the end the 
     following:
     ``Notwithstanding the preceding sentence, the Secretary is 
     not required to publish notice under this subparagraph with 
     respect to incidental takings while engaged in a military 
     readiness activity (as defined in section 315(f) of Public 
     Law 107-314; 16 U.S.C. 703 note) authorized by the Secretary 
     of Defense, except in the Federal Register.'';
       (2) in subparagraph (D), by adding at the end the following 
     new clause:
       ``(vi) Notwithstanding clause (iii), the Secretary is not 
     required to publish notice under this subparagraph with 
     respect to an authorization under clause (i) of incidental 
     takings while engaged in a military readiness activity (as 
     defined in section 315(f) of Public Law 107-314; 16 U.S.C. 
     703 note) authorized by the Secretary of Defense, except in 
     the Federal Register.''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) In determining whether a military readiness activity 
     (as defined in section 315(f) of Public Law 107-314; 16 
     U.S.C. 703 note) authorized by the Secretary of Defense is in 
     compliance with the requirements of subparagraphs (A), (B), 
     and (D), the following references shall not apply:
       ``(i) In subparagraph (A), `within a specified geographical 
     region' and `within that region of small numbers'.
       ``(ii) In subparagraph (B), `within a specified 
     geographical region' and `within one or more regions'.
       ``(iii) In subparagraph (D), `within a specific geographic 
     region', `of small numbers', and `within that region'.''.
       In section 421, strike ``$98,938,511,000'' (page 83, line 
     23) and insert ``$98,634,511,000''.
       In section 1021(a), strike paragraph (10) (page 262, lines 
     7 and 8).
       In section 1021(a), strike paragraph (29) (page 266, lines 
     4 through 7).
       In section 1021(a), strike paragraph (34) (page 266, lines 
     16 and 17).
       In section 1021, strike subsection (b) (page 2674, lines 22 
     through 24).
       Page 342, starting on line 10, strike ``the Federal 
     Employees Pay for Performance Act of 2003'' and insert ``the 
     National Defense Authorization Act for Fiscal Year 2004''.
       Page 342, starting on line 25, strike ``sections 3 and 4 of 
     the Federal Employees Pay for Performance Act of 2003,'' and 
     insert ``section 1106 of the National Defense Authorization 
     Act for Fiscal Year 2004,''.
       Page 343, line 19, strike ``(c)'' and insert ``(3)''.
       Page 344, line 3, strike ``subsection (c)(2)'' and insert 
     ``paragraph (2)''.
       Strike section 1109 (page 346, line 20 through page 348, 
     line 6) and insert the following:

     SEC. 1109. CLARIFICATION OF HATCH ACT.

       No Federal employee or individual who, before the date of 
     the enactment of this Act, was employed in the Office of the 
     Department of Defense Inspector General and transferred to a 
     Special Court sponsored by the United Nations pursuant to the 
     authority described in section 3582(a) of title 5, United 
     States Code, shall be subject to enforcement of the 
     provisions of section 7326 of such title, except that this 
     section shall not apply in the event that such employee or 
     individual subsequently becomes reemployed in the civil 
     service.
       In section 1201(d)(2), insert ``of such section'' after 
     ``subsection (a)'' (page 373, line 14).
       In section 1201(d)(3), strike ``each'' (page 373, line 18) 
     and insert ``such''.
       Page 374, line 9, strike the fourth word.
       Strike section 1453 (page 427, line 12, through page 429, 
     line 10).
       In section 1455(a), strike the matter preceding paragraph 
     (1) (page 430, lines 11 through 14) and insert the following:
       (a) In General.--No contract awarded on a sole source basis 
     for the procurement of items or services that are treated as 
     or deemed to be commercial items pursuant to the amendments 
     made by section 1441, 1444, or 1457 of this Act shall be 
     exempt from--
       At the end of subtitle E of title XIV (page 433, after line 
     20), insert the following new section:

     SEC. 1457. AMENDMENTS RELATING TO FEDERAL EMERGENCY 
                   PROCUREMENT FLEXIBILITY.

       (a) Repeal of Sunset for Authorities Applicable to 
     Procurements for Defense Against or Recovery From Terrorism 
     or Nuclear, Biological, Chemical, or Radiological Attack.--
     Section 852 of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2235) is amended by striking ``, but only 
     if a solicitation of offers for the procurement is issued 
     during the 1-year period beginning on the date of the 
     enactment of this Act''.
       (b) Applicability of Increased Simplified Acquisition 
     Threshold.--(1) The matter preceding paragraph (1) of section 
     853(a) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2235) is amended to read as follows:
       ``(a) Threshold Amounts.--For a procurement referred to in 
     section 852, the simplified acquisition threshold referred to 
     in section 4(11) of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403(11)) is deemed to be--''.
       (2) Subsections (b) and (c) of section 853 of such Act are 
     repealed.
       (3) The heading of section 853 of such Act is amended to 
     read as follows:

     ``SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR 
                   CERTAIN PROCUREMENTS.''.

       (4) The table of contents in section 1(b) of such Act is 
     amended by striking the item relating to section 853 and 
     inserting the following:

``Sec. 853. Increased simplified acquisition threshold for certain 
              procurements.''.

       (5) Section 18(c)(1) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 416(c)(1)) is amended--
       (A) by striking ``or'' at the end of subparagraph (G);
       (B) by striking the period at the end of subparagraph (H) 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(I) the procurement is by the head of an executive agency 
     pursuant to the special procedures provided in section 853 of 
     the Homeland Security Act of 2002 (Public Law 107-296).''.
       (c) Applicability of Certain Commercial Items 
     Authorities.--(1) Subsection (a) of section 855 of the 
     Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 
     2236) is amended to read as follows:
       ``(a) Authority.--With respect to a procurement referred to 
     in section 852, the head of an executive agency may deem any 
     item or service to be a commercial item for the purpose of 
     Federal procurement laws.''.
       (2) Subsection (b)(1) of section 855 of such Act is amended 
     by striking ``to which any of the provisions of law referred 
     to in subsection (a) are applied''.
       (d) Extension of Deadline for Review and Report.--Section 
     857(a) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2237) is amended by striking ``2004'' and 
     inserting ``2006''.
       In section 2803(b)(2)(A), insert ``subsections'' after 
     ``as'' (page 464, line 15).
       In section 2805(b), strike ``2822'' and insert ``2822(b)'' 
     (page 472, line 18).
       At the end of subtitle C of title XXVIII (page 487, after 
     line 23), insert the following new section:

     SEC. __. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.

       (a) Conveyance Required.--The Secretary of the Army shall 
     convey, without consideration, to Fairfax County, Virginia 
     (in this section referred to as the ``County''), all right, 
     title, and interest of the United States in and to a parcel 
     of real property, including any improvements thereon, 
     consisting of approximately 10 acres at Fort Belvoir and 
     known as the John McNaughton Memorial baseball fields for the 
     purpose of permitting the County to use the property for 
     recreational purposes.
       (b) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the County 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, and other administrative costs 
     related to the conveyance. If amounts are collected from the 
     County in advance of the Secretary incurring the actual 
     costs, and the amount collected exceeds the costs actually 
     incurred by the Secretary to carry out

[[Page H4581]]

     the conveyance, the Secretary shall refund the excess amount 
     to the County.
       (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.
       (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.
       (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.
       In section 3121(e)(5), insert ``, as amended by section 
     3112,'' after ``926)'' (page 513, line 23).
       Page 537, line 23, strike the first close parenthesis.
       Page 544, line 13, insert ``Authorization'' after 
     ``National Defense''.
       Page 557, line 9, strike ``(c)'' and insert ``(d)''.
       Page 560, line 24, insert open quotation marks before 
     ``Sec.''.
       Page 572, line 11, strike ``on'' and insert ``to Congress 
     of''.
       Page 572, line 15, strike ``Fiscal Year''.
       Page 574, line 8, strike ``of'' the first place it appears 
     and insert ``after''.
       Page 587, line 23, strike ``59'' and insert ``50''.
       Page 616, line 9, insert ``by redesignating the second 
     subsection (e) as subsection (f), and'' after ``is amended''.
       Page 616, line 10, strike ``(e)'' and insert ``(g)''.
       Page 622, lines 15 and 16, strike ``(e)'' each place it 
     appears and insert ``(g)''.


                Amendment No. 16 Offered by Mr. Simmons

  The text of the amendment is as follows:

       At the end of title X (page 333, after line 21), insert the 
     following new section:

     SEC. __. ASSESSMENT OF EFFECTS OF SPECIFIED STATUTORY 
                   LIMITATIONS ON THE GRANTING OF SECURITY 
                   CLEARANCES.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives an 
     assessment of the effects of the provisions of section 986 of 
     title 10, United States Code (relating to limitations on 
     security clearances), on the granting (or renewal) of 
     security clearances for Department of Defense personnel and 
     defense contractor personnel. The assessment shall review the 
     affects of the disqualification factors specified in 
     subsection (c) of that section and shall include such 
     recommendations for legislation or administrative steps as 
     the Secretary considers necessary.


                Amendment No. 17 Offered by Mr. Tierney

  The text of the amendment is as follows:

       Page 205, line 18, strike ``performed.'' and insert the 
     following: ``performed, an explanation of the business 
     rationale for why the decision was made to transfer the work 
     outside the United States, and a certification of the 
     specific percentage of the total contract to be performed 
     outside the United States.''.
       Page 206, line 16, strike ``Representatives.'' and insert 
     the following: ``Representatives, including the 
     recommendations of the Secretary regarding how procurement 
     from the United States defense industrial base can be 
     maximized.''.


                 Amendment No. 18 Offered by Mr. Nadler

  The text of the amendment is as follows:

       At the end of title XIII (page 393, after line 14), insert 
     the following new section:

     SEC. 1308. STUDY RELATING TO EX-SOVIET URANIUM AND PLUTONIUM.

       The Secretary of Defense shall submit a study to Congress 
     not later than one year after the date of the enactment of 
     this Act, examining the costs and benefits of purchasing all 
     the ex-Soviet weapons-grade uranium and plutonium in fiscal 
     year 2005, and safeguarding it from smuggling or theft until 
     it can be rendered unusable for weapons.


                 Amendment No. 19 Offered by Mr. Porter

  The text of the amendment is as follows:

       At the end of title III (page 79, after line 17), insert 
     the following new section:

     SEC. __. DEPARTMENT OF DEFENSE PUBLIC HEALTH ASSESSMENT OF 
                   EXPOSURE TO PERCHLORATE.

       (a) Epidemiological Study of Exposure to Perchlorate.--
       (1) In general.--The Secretary of Defense shall provide for 
     an independent epidemiological study of exposure to 
     perchlorate in drinking water.
       (2) Performance of study.--The Secretary shall provide for 
     the performance of the study under this subsection through 
     the Centers for Disease Control, the National Institutes of 
     Health, or another Federal entity with experience in 
     environmental toxicology selected by the Secretary for 
     purposes of the study.
       (3) Matters to be included in study.--In providing for the 
     study under this subsection, the Secretary shall require the 
     Federal entity conducting the study--
       (A) to assess the incidence of thyroid disease and 
     measurable effects of thyroid function in relation to 
     exposure to perchlorate;
       (B) to ensure that the study is of sufficient scope and 
     scale to permit the making of meaningful conclusions of the 
     measurable public health threat associated with exposure to 
     perchlorate, especially the threat to sensitive 
     subpopulations; and
       (C) to study thyroid function, including measurements of 
     urinary iodine and thyroid hormone levels, in a sufficient 
     number of pregnant women, neonates, and infants exposed to 
     perchlorate in drinking water and match measurements of 
     perchlorate levels in the drinking water of each study 
     participant in order to permit the development of meaningful 
     conclusions on the public health threat to individuals 
     exposed to perchlorate.
       (4) Report on study.--The Secretary shall require the 
     Federal entity conducting the study under this subsection to 
     submit to the Secretary a report on the study not later than 
     June 1, 2005.
       (b) Review of Effects of Perchlorate on Endocrine System.--
       (1) In general.--The Secretary shall provide for an 
     independent review of the effects of perchlorate on the human 
     endocrine system.
       (2) Performance of review.--The Secretary shall provide for 
     the performance of the review under this subsection through 
     the Centers for Disease Control, the National Institutes of 
     Health, or another appropriate Federal research entity with 
     experience in human endocrinology selected by the Secretary 
     for purposes of the review. The Secretary shall ensure that 
     the panel conducting the review is composed of individuals 
     with expertise in human endocrinology.
       (3) Matters to be included in review.--In providing for the 
     review under this subsection, the Secretary shall require the 
     Federal entity conducting the review to assess--
       (A) available data on human exposure to perchlorate, 
     including clinical data and data on exposure of sensitive 
     subpopulations, and the levels at which health effects were 
     observed; and
       (B) available data on other substances that have endocrine 
     effects similar to perchlorate to which the public is 
     frequently exposed.
       (4) Report on review.--The Secretary shall require the 
     Federal entity conducting the review under this subsection to 
     submit to the Secretary a report on the review not later than 
     June 1, 2005.


                Amendment No. 20 Offered by Mr. LoBiondo

  The text of the amendment is as follows:

       At the end of subtitle A of title XXVIII (page 477, after 
     line 10), insert the following new section:

     SEC. __. ANNUAL REPORT ON MILITARY CONSTRUCTION REQUIREMENTS 
                   TO SUPPORT HOMELAND DEFENSE MISSIONS OF THE 
                   ARMED FORCES.

       As part of the annual defense authorization request 
     required by section 113a(b) of title 10, United States Code, 
     the Secretary of Defense shall include an assessment of the 
     military construction requirements anticipated to be 
     necessary to support the homeland defense missions of the 
     Armed Forces for the fiscal year for which the defense 
     authorization request is submitted, for the fiscal years 
     covered by the then-current future-years defense plan under 
     section 221 of such title, and for subsequent fiscal years.


          Amendment No. 21, as Modified, Offered by Ms. Kaptur

  The Clerk read as follows:

       Amendment No. 21, as modified, offered by Ms. Kaptur:
       The amendment as modified is as follows:
       Page 220, after line 12, insert the following new section 
     (and conform the table of contents accordingly):

     SEC. 827. DATA COLLECTION AND TECHNICAL ASSISTANCE CENTER 
                   RELATING TO MACHINE TOOLS.

       (a) Collection of Data on Contracts Using Machine Tools.--
     The Secretary of Defense shall collect data in order to 
     identify all contractors and subcontractors that use machine 
     tools in carrying out any defense contract in an amount that 
     is $5,000,000 or greater.
       (b) Technical Assistance Center.--The Secretary of Defense 
     shall establish a center to provide technical assistance to 
     machine tool companies in the United States, and entities 
     that use machine tools, to seek guidance with respect to 
     government contracting regulations, including compliance 
     procedures, and opportunities for contracting with the 
     Department of Defense. As part of the assistance provided 
     through the center, the Secretary may provide information 
     about defense contracts that are expected to be carried out 
     through the use of machine tools.
       (c) Definition.--In this section the term ``machine tools'' 
     includes machine tools in the North American Industry 
     Classification System (NAICS) codes 333511, 333512, 333513, 
     333514, and 333515.


                 Amendment No. 22 Offered by Ms. Kaptur

  The text of the amendment is as follows:

       Page 220, after line 12, insert the following new section 
     (and conform the table of contents accordingly):

     SEC. 827. BUY AMERICAN ENHANCEMENT.

       Section 2533 of title 10, United States Code, is amended--

[[Page H4582]]

       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In determining under section 2 of the Buy American 
     Act (41 U.S.C. 10a et seq.) whether application of such Act 
     is inconsistent with the public interest, the Secretary of 
     Defense shall not consider the provisions of any trade 
     agreement between the United States and a foreign country 
     that is in effect at the time of the determination.''.


             Amendment No. 23 Offered by Mr. Turner of Ohio

  The text of the amendment is as follows:

       Strike section 1051 (page 323, line 4, through page 324, 
     line 20) and insert the following:

     SEC. 1051. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL 
                   UNITED STATES INTERNATIONAL AIR TRADE SHOW AND 
                   FOR INITIAL IMPLEMENTATION.

       (a) Assistance for Feasibility Study.--(1) The Secretary of 
     Defense shall provide assistance to the nonprofit 
     organization named United States Air and Trade Show Inc. for 
     expenses of a study by that organization of the feasibility 
     of the establishment and operation of a biennial United 
     States international air trade show.
       (2) The Secretary shall provide for the organization 
     specified in paragraph (1) to submit to the Secretary a 
     report containing the results of the study not later than 
     September 30, 2004. The Secretary shall promptly submit the 
     report to Congress, together with such comments on the report 
     as the Secretary considers appropriate.
       (b) Assistance for Implementation.--If the organization 
     conducting the study under subsection (a) determines that the 
     establishment and operation of such an air show is feasible 
     and should be implemented, the Secretary shall provide 
     assistance to that organization for the initial expenses of 
     implementing such an air show.
       (c) Amount of Assistance.--The amount of assistance 
     provided by the Secretary under subsections (a) and (b)--
       (1) may not exceed a total of $1,000,000, to be derived 
     from amounts available for operation and maintenance for the 
     Air Force for fiscal year 2004; and
       (2) may not exceed one-half of the cost of the study and 
     may not exceed one-half the cost of such initial 
     implementation.


                Amendment No. 24 Offered by Mr. Kingston

  The text of the amendment is as follows:

       At the end of title XXVIII (page 495, after line 6), insert 
     the following new section:

     SEC. __. CONSIDERATION OF PUBLIC-ACCESS-ROAD ISSUES RELATED 
                   TO DISPOSAL OF PROPERTY AT MILITARY 
                   INSTALLATIONS UNDER BASE CLOSURE PROCESS.

       (a) 1988 Law.--Section 204(b)(2)(E) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note) is amended by 
     adding at the end the following new sentence: ``If a military 
     installation to be closed or placed in an inactive status 
     under this title includes a road used for public access 
     through, into, or around the installation, the consultation 
     required by this subparagraph shall include a discussion of 
     measures to ensure the continued availability of the road for 
     public use after the installation is closed or placed in an 
     inactive status.''.
       (b) 1990 Law.--Section 2905(b)(2)(D) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding 
     at the end the following new sentence: ``If a military 
     installation to be closed or placed in an inactive status 
     under this part includes a road used for public access 
     through, into, or around the installation, the consultation 
     required by this subparagraph shall include a discussion of 
     measures to ensure the continued availability of the road for 
     public use after the installation is closed or placed in an 
     inactive status.''.


                 Amendment No. 25 Offered by Mr. Hobson

  The text of the amendment is as follows:

       Part II of subtitle B of title VIII is amended by adding at 
     the end (page 220, after line 12) the following new section:

     SEC. 827. REQUIREMENT RELATING TO PURCHASES BY DEPARTMENT OF 
                   DEFENSE SUBJECT TO BUY AMERICAN ACT.

       In applying section 2 of the Buy American Act (41 U.S.C. 
     10a) to acquisitions by the Department of Defense, the term 
     ``substantially all'' shall mean at least 65 percent.


                Amendment No. 26 Offered by Mr. Hoeffel

  The text of the amendment is as follows:

       At the end of subtitle B of title XXVIII (page 479, before 
     line 15), insert the following new section:

     SEC. __. SENSE OF CONGRESS ON DEMOLITION OF ARMY TACONY 
                   WAREHOUSE DEPOT SITE, PHILADELPHIA, 
                   PENNSYLVANIA.

       (a) Findings.--Congress finds the following:
       (1) The Department of Defense Appropriations Act, 2001 
     (Public Law 106-259; 114 Stat. 656), appropriated $5,000,000 
     for the demolition of the Army Tacony Warehouse depot site in 
     Philadelphia, Pennsylvania, operated by Fort Dix.
       (2) The Secretary of the Army has yet to implement plans to 
     demolish the Tacony warehouse.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Army should take swift action to finally 
     demolish the Tacony warehouse, as previously required by Act 
     of Congress.


               Amendment No. 27 Offered by Mr. Hostettler

  The text of the amendment is as follows:

       In section 2534(a) of title 10, United States Code, as 
     proposed to be added by section 821(a), strike ``Packaging in 
     direct contact with meals'' (page 212, line 8) and insert: 
     ``Pre-formed retort packaging in direct contact with main 
     entree meals''.


                  Amendment No. 28 Offered by Mr. Farr

  The text of the amendment is as follows:

       At the end of subtitle C of title III (page __, after line 
     __), insert the following new section:

     SEC. __. PERMANENT AUTHORITY FOR PURCHASE OF CERTAIN 
                   MUNICIPAL SERVICES AT INSTALLATIONS IN MONTEREY 
                   COUNTY, CALIFORNIA.

       (a) Authority.--Subject to subsection (b), public works, 
     utility, and other municipal services needed for the 
     operation of any Department of Defense asset in Monterey 
     County, California, may be purchased from government agencies 
     located in that county.
       (b) Prohibition on Purchase of Certain Services.--Section 
     2465 of title 10, United States Code, relating to the 
     purchase of firefighting or security-guard services at a 
     military installation, applies with respect to the authority 
     provided by subsection (a).
       (c) Conforming amendment.--Section 816 of the National 
     Defense Authorization Act for Fiscal Year 1995 (Public Law 
     103-337; 108 Stat. 2820) is repealed.


                 Amendment No. 29 Offered by Mr. Dicks

  The text of the amendment is as follows:

       At the end of subtitle C of title XXVIII (page __, after 
     line __), insert the following new section:

     SEC. __. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD, 
                   BREMERTON, WASHINGTON.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the City of Bremerton, Washington (in this section 
     referred to as the ``City''), all right, title, and interest 
     of the United States in and to a parcel of real property, 
     including any improvements thereon, consisting of 
     approximately 2.8 acres at the eastern end of the Puget Sound 
     Naval Shipyard, Bremerton, Washington, immediately adjacent 
     to the Bremerton Transportation Center.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the City, directly or through an 
     agreement with another entity, shall replace administrative 
     space on the parcel to be conveyed by renovating for new 
     occupancy approximately 7,500 square feet of existing space 
     in Building 433 at Naval Station, Bremerton, Washington, at 
     no cost to the United States, in accordance with plans and 
     specifications acceptable to the Secretary. In lieu of any 
     portion of such renovation, the Secretary may accept other 
     facility alteration or repair of not less than equal value.
       (c) Payment of Costs of Conveyance.--(1) The Secretary 
     shall require the City 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, and other administrative costs 
     related to the conveyance. If amounts are collected from the 
     City 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 the City.
       (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) Environmental Conditions.--The Secretary may use funds 
     available in the Environmental Restoration Account, Navy to 
     carry out the environmental remediation of the real property 
     to be conveyed under subsection (a). Such environmental 
     remediation shall be conducted in a manner consistent with 
     section 120 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620), 
     including the requirement to consider the anticipated future 
     land use of the parcel.
       (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 real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (g) 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.

[[Page H4583]]

                Amendment No. 30 Offered by Mr. Crenshaw

  The text of the amendment is as follows:

       At the end of subtitle D of title XXXV (page 627, after 
     line 25), add the following:

     SEC.    . AUTHORITY TO CONVEY NDRF VESSELS AND VESSEL 
                   CONTENTS.

       (a) In General.--Notwithstanding any other law, the 
     Secretary of Transportation may convey the right, title, and 
     interest of the United States Government in and to any or all 
     of the vessels USS ORION (AS-18), USS HOWARD W. GILMORE (AS-
     16), USS SPERRY (AS-12), USS NEREUS (AS-17), USS PROTEUS 
     (XAS-19), and S.S. HATTIESBURG VICTORY (number 248651), a 
     barge and its inventoried contents (YFNB 4, also known as 
     SSE-512), and the contents (Victory class spares) that have 
     been removed from the S.S. CATAWBA VICTORY, to Beauchamp 
     Tower Corporation (a not-for-profit corporation, in this 
     section referred to as the ``recipient'') for use as moored 
     support ships for the corporation and as memorials to the 
     Fulton class ships and the Victory class ships, if--
       (1) the vessel is not used for commercial transportation 
     purposes;
       (2) the recipient agrees to make the vessel available to 
     the Government when the Secretary requires use of the vessel 
     by the Government;
       (3) the recipient agrees that when the recipient no longer 
     requires the vessel for use as a moored support ship for the 
     corporation and as a memorial to the Fulton class ships and 
     the Victory class ships--
       (A) the recipient shall, at the discretion of the 
     Secretary, reconvey the vessel to the Government in good 
     condition except for ordinary wear and tear; or
       (B) if the Board of Trustees of the recipient has decided 
     to dissolve the recipient according to the laws of the State 
     of Florida, then--
       (i) the recipient shall distribute the vessel, as an asset 
     of the recipient, to a person that has been determined exempt 
     from taxation under section 501(c)(3) of the Internal Revenue 
     Code, or to the Federal Government or a State or local 
     government for a public purpose; and
       (ii) the vessel shall be disposed of by a court of 
     competent jurisdiction of the county in which the principal 
     office of the recipient is located, for such purposes as the 
     court shall determine, or to such organizations as the court 
     shall determine are organized exclusively for public 
     purposes;
       (4) the recipient agrees to hold the Government harmless 
     for any claims arising from exposure to asbestos after 
     conveyance of the vessel, except for claims arising from use 
     by the Government under paragraph (2) or (3); and
       (5) the recipient has available, for use to restore the 
     vessel, in the form of cash, liquid assets, a written loan 
     commitment, or financial resources--
       (A) except as provided in subparagraph (B), of at least 
     $1,500,000 for each vessel conveyed; and
       (B) at least $50,000 for each barge with contents conveyed.
       (b) Delivery of Vessel.--If a conveyance of a vessel is 
     made under this section, the Secretary shall deliver the 
     vessel at the place where the vessel is located on the date 
     of the enactment of this Act, in its present condition, 
     without cost to the Government.
       (c) Management of Vessels Pending Conveyance.--
       (1) 2-year holding period.--The Secretary shall remove all 
     vessels authorized to be conveyed under this section from the 
     scrapping disposal list for a period of 2 years.
       (2) Disposal at end of holding period.--If a vessel has not 
     been received and transported from its conveyance location by 
     the recipient before the end of such 2-year period, the 
     Secretary may dispose of the vessel as the Secretary 
     determines to be appropriate.
       (3) Disposal during holding period.--Notwithstanding 
     paragraph (1), the Secretary may dispose of a vessel 
     authorized to be conveyed under this section during the 2-
     year period provided for in paragraph (1), if it is 
     determined that the vessel is in danger of sinking or 
     presents an immediate critical hazard to the National Defense 
     Reserve Fleet or environmental safety.
       (d) Other Unneeded Equipment.--The Secretary may convey to 
     the recipient any unneeded equipment, materials, and spares 
     from other vessels or in storage with the Maritime 
     Administration and the National Defense Reserve Fleet, for 
     the recipient's use, including the restoration and refit of 
     the vessels conveyed under this section and to assist other 
     vessel museums.
       (e) Retention of Vessel in NDRF.--The Secretary shall 
     retain in the National Defense Reserve Fleet each vessel 
     authorized to be conveyed under subsection (a), until the 
     earlier of--
       (1) 2 years after the date of the enactment of this Act; or
       (2) the date of conveyance of the vessel under subsection 
     (a).