[Congressional Record Volume 149, Number 136 (Tuesday, September 30, 2003)]
[Senate]
[Pages S12203-S12204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1790. Mr. SCHUMER (for himself, Mr. Daschle, Mr. Reid, Ms. 
Mikulski, Mr. Rockefeller, Mr. Leahy, Mr. Levin, Mr. Nelson of Florida, 
Mr. Kennedy, Mr. Durbin, Mr. Baucus, Mr. Harkin, Mr. Bayh, Mr. 
Hollings, Mr. Biden, Mr. Lautenberg, Mr. Sarbanes, Mr. Bingaman, Mr. 
Kerry, Mr. Wyden, Mr. Graham of Florida, Mrs. Boxer, Mr. Lieberman, and 
Mrs. Feinstein) proposed an amendment to the bill H.R. 2765, making 
appropriations for the government of the District of Columbia and other 
activities chargeable in whole or in part against the revenues of said 
District for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF CONGRESS CONCERNING THE APPOINTMENT OF A 
                   SPECIAL COUNSEL TO CONDUCT A FAIR, THOROUGH, 
                   AND INDEPENDENT INVESTIGATION INTO A NATIONAL 
                   SECURITY BREACH.

       (a) Findings.--Congress finds that--
       (1) the national security of the United States is dependent 
     on our intelligence operatives being able to operate 
     undercover and without fear of having their identities 
     disclosed;
       (2) recent reports have indicated that administration or 
     White House officials may have deliberately leaked the 
     identity of a covert CIA agent to the media;
       (3) the unauthorized disclosure of a covert intelligence 
     agent's identity is a Federal felony; and
       (4) the Attorney General has the power to appoint a special 
     counsel of integrity and stature who may conduct an 
     investigation into the leak without the appearance of any 
     conflict of interest.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Attorney General of the United States should appoint a 
     special counsel of the highest integrity and statute to 
     conduct a fair, independent, and thorough investigation of 
     the leak and ensure that all individuals found to be 
     responsible for this heinous deed are punished to the fullest 
     extent permitted by law.
                                 ______
                                 
  SA 1791. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 1689, making emergency supplemental appropriations 
for Iraq and Afghanistan security and reconstruction for the fiscal 
year ending September 30, 2004, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page ____, between lines ____ and ____, insert the 
     following:
       Sec. . (a) The Secretary of Defense shall expand the United 
     States Central Command Rest and Recuperation Leave program to 
     provide a member of the Armed Forces participating in the 
     program with travel and transportation allowances for travel 
     at the expense of the United States between the original 
     airport of debarkation for the member and the member's 
     permanent station or home if the member elects to travel to 
     such destination.
       (b) The travel and transportation allowances that may be 
     provided under subsection (a) are the travel and 
     transportation allowances specified in section 404(d) of 
     title 37, United States Code, except that no per diem 
     allowance may be paid to a member for a period that the 
     member is at the member's permanent station or home.
       (c) Travel and transportation allowances provided for 
     travel under subsection (a) are in addition to any other 
     travel and transportation or other allowances that may be 
     provided for such travel by law.
       (d) This section shall apply with respect to travel under 
     the United States Central Command Rest and Recuperation Leave 
     program that is commenced before, on, or after the date of 
     the enactment of this Act.
       (e) In this section:
       (1) The term ``United States Central Command Rest and 
     Recuperation Leave program'' means the Rest and Recuperation 
     Leave program for certain members of the Armed Forces serving 
     in the Iraqi theater of operations in support of Operation 
     Iraqi Freedom as established by the United States Central 
     Command on September 25, 2003.
       (2) The term ``original airport of debarkation'' means an 
     airport designated as an airport of debarkation for members 
     of the Armed Forces under the Central Command Rest and 
     Recuperation Leave program as of the establishment of such 
     program on September 25, 2003.
       (f) Of the amount appropriated under title ____ for the 
     Iraqi witness protection program, $60,000,000 is hereby 
     transferred to the

[[Page S12204]]

     Secretary of Defense for payment of travel and transportation 
     allowances provided under this section.
                                 ______
                                 
  SA 1792. Mr. McCONNELL (for Mr. Shelby (for himself and Mr. 
Sarbanes)) proposed an amendment to the bill S. 1680, to reauthorize 
the Defense Production Act of 1950, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Defense Production Act 
     Reauthorization of 2003''.

     SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950.

       (a) In General.--The 1st sentence of section 717(a) of the 
     Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is 
     amended--
       (1) by striking ``sections 708'' and inserting ``sections 
     707, 708,''; and
       (2) by striking ``September 30, 2003'' and inserting 
     ``September 30, 2004''.
       (b) Authorization of Appropriations.--Section 711(b) of the 
     Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is 
     amended by striking ``through 2003'' and inserting ``through 
     2004''.

     SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED 
                   ELECTRONICS.

       (a) In General.--Notwithstanding the limitation contained 
     in section 303(a)(6)(C) of the Defense Production Act of 1950 
     (50 U.S.C. App. 2093(a)(6)(C)), the President may take 
     actions under section 303 of the Defense Production Act of 
     1950 to correct the industrial resource shortfall for 
     radiation-hardened electronics, to the extent that such 
     Presidential actions do not cause the aggregate outstanding 
     amount of all such actions to exceed $200,000,000.
       (b) Report by the Secretary.--Before the end of the 6-month 
     period beginning on the date of the enactment of this Act, 
     the Secretary of Defense shall submit a report to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives describing--
       (1) the current state of the domestic industrial base for 
     radiation-hardened electronics;
       (2) the projected requirements of the Department of Defense 
     for radiation-hardened electronics;
       (3) the intentions of the Department of Defense for the 
     industrial base for radiation-hardened electronics; and
       (4) the plans of the Department of Defense for use of 
     providers of radiation-hardened electronics beyond the 
     providers with which the Department had entered into 
     contractual arrangements under the authority of the Defense 
     Production Act of 1950, as of the date of the enactment of 
     this Act.

     SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY.

       Subsection (a) of section 705 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2155(a)) is amended by inserting 
     after the end of the 1st sentence the following new sentence: 
     ``The authority of the President under this section includes 
     the authority to obtain information in order to perform 
     industry studies assessing the capabilities of the United 
     States industrial base to support the national defense.''.

     SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RESTORATION.

       Section 702 of the Defense Production Act of 1950 (50 
     U.S.C. App. 2152) is amended--
       (1) by redesignating paragraphs (3) through (17) as 
     paragraphs (4) through (18), respectively;
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Critical infrastructure.--The term `critical 
     infrastructure' means any systems and assets, whether 
     physical or cyber-based, so vital to the United States that 
     the degradation or destruction of such systems and assets 
     would have a debilitating impact on national security, 
     including, but not limited to, national economic security and 
     national public health or safety.''; and
       (3) in paragraph (14) (as so redesignated by paragraph (1) 
     of this section), by inserting ``and critical infrastructure 
     protection and restoration'' before the period at the end of 
     the last sentence.

     SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED 
                   BUSINESSES.

       (a) Report Required.--Before the end of the 1-year period 
     beginning on the date of the enactment of this Act, the 
     Secretary of Defense shall submit a report to the Committee 
     on Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives on the extent to which contracts entered into 
     during the fiscal year ending before the end of such 1-year 
     period under the Defense Production Act of 1950 have been 
     contracts with minority- and women-owned businesses.
       (b) Contents of Report.--The report submitted under 
     subsection (a) shall include the following:
       (1) The types of goods and services obtained under 
     contracts with minority- and women-owned businesses under the 
     Defense Production Act of 1950 in the fiscal year covered in 
     the report.
       (2) The dollar amounts of such contracts.
       (3) The ethnicity of the majority owners of such minority- 
     and women-owned businesses.
       (4) A description of the types of barriers in the 
     contracting process, such as requirements for security 
     clearances, that limit contracting opportunities for 
     minority- and women-owned businesses, together with such 
     recommendations for legislative or administrative action as 
     the Secretary of Defense may determine to be appropriate for 
     increasing opportunities for contracting with minority- and 
     women-owned businesses and removing barriers to such 
     increased participation.
       (c) Definitions.--For purposes of this section, the terms 
     ``women-owned business'' and ``minority-owned business'' have 
     the meanings given such terms in section 21A(r) of the 
     Federal Home Loan Bank Act, and the term ``minority'' has the 
     meaning given such term in section 1204(c)(3) of the 
     Financial Institutions Reform, Recovery, and Enforcement Act 
     of 1989.
                                 ______
                                 
  SA 1793. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to 
the bill H.R. 3146, to extend the Temporary Assistance for Needy 
Families block grant program, and certain tax and trade programs, and 
for other purposes; as follows:

       At the end of title IV, insert:

     SEC. ____. EXTENSION OF PROVISION EQUALIZING URBAN AND RURAL 
                   STANDARDIZED MEDICARE INPATIENT HOSPITAL 
                   PAYMENTS.

       (a) In General.--Paragraphs (1) and (2) of section 402(b) 
     of the Miscellaneous Appropriations Act, 2003 (Public Law 
     108-7; 117 Stat. 548) are each amended by striking 
     ``September 30, 2003'' and inserting ``March 31, 2004''.
       (b) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by subsection (a) shall take effect as if included in 
     the enactment of the Miscellaneous Appropriations Act, 2003.
       (2) Authority to delay implementation.--
       (A) In general.--If the Secretary of Health and Human 
     Services (in this subsection referred to as the 
     ``Secretary'') determines that it is not administratively 
     feasible to implement the amendments made by subsection (a), 
     notwithstanding such amendments and in order to comply with 
     Congressional intent, the Secretary may delay the 
     implementation of such amendments until such time as the 
     Secretary determines to be appropriate, but in no case later 
     than November 1, 2003.
       (B) Temporary adjustment for remainder of fiscal year 2004 
     to effect full rate change.--If the Secretary delays 
     implementation of the amendments made by subsection (a) under 
     subparagraph (A), the Secretary shall make such adjustment to 
     the amount of payments affected by such delay, for the 
     portion of fiscal year 2004 after the date of the delayed 
     implementation, in such manner as the Secretary estimates 
     will ensure that the total payments for inpatient hospital 
     services so affected with respect to such fiscal year is the 
     same as would have been made if this paragraph had not been 
     enacted.
       (C) No effect on payments for subsequent payment periods.--
     The application of subparagraphs (A) and (B) shall not affect 
     payment rates and shall not be taken into account in 
     calculating payment amounts for services furnished for 
     periods after September 30, 2004.
       (D) Administration of provisions.--
       (i) No rulemaking or notice required.--The Secretary may 
     carry out the authority under this paragraph by program 
     memorandum or otherwise and is not required to prescribe 
     regulations or to provide notice in the Federal Register in 
     order to carry out such authority.
       (ii) Limitation on review.--There shall be no 
     administrative or judicial review under section 1869 or 1878 
     of the Social Security Act (42 U.S.C. 1395ff and 1395oo), or 
     otherwise of any delay or determination made by the Secretary 
     under this paragraph or the application of the payment rates 
     determined under this paragraph.

                          ____________________