[Congressional Record Volume 150, Number 70 (Tuesday, May 18, 2004)]
[Senate]
[Pages S5613-S5622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3157. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 217. ADVANCED MANUFACTURING TECHNOLOGIES AND RADIATION 
                   CASUALTY RESEARCH.

       (a) Additional Amount for Advanced Manufacturing 
     Strategies.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, the amount available for 
     Advanced Manufacturing Technologies (PE 0708011S) is hereby 
     increased by $2,000,000.
       (b) Amount for Radiation Casualty Research.--Of the amount 
     authorized to be appropriated by section 201(4) for research, 
     development, test, and evaluation, Defense-wide activities, 
     $3,000,000 shall be available for Radiation Casualty Research 
     (PE 0603002D8Z).
       (c) Offset.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, the amount available in 
     Program Element PE 0305199D8Z for horizontal fusion is hereby 
     decreased by $5,000,000.
                                 ______
                                 
  SA 3158. Mr. LOTT (for himself, Mr. Dorgan, Ms. Snowe, Mrs. 
Feinstein, Mr. Cochran, Mr. Daschle, Mr. Conrad, Mrs. Boxer, Mr. 
Corzine, Ms. Collins, and Mr. Gregg) proposed an amendment to the bill 
S. 2400, to authorize appropriations for fiscal year 2005 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Services, and 
for other purposes; as follows:

       At the end of title XXVIII, add the following:

            Subtitle E--Defense Base Closure and Realignment

     SEC. 2861. MODIFICATION OF 2005 BASE CLOSURE ROUND TO APPLY 
                   SOLELY TO MILITARY INSTALLATIONS OUTSIDE THE 
                   UNITED STATES.

       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 section:

     ``SEC. 2915. APPLICABILITY OF 2005 ROUND SOLELY TO MILITARY 
                   INSTALLATIONS OUTSIDE THE UNITED STATES.

       ``(a) In General.--(1) Notwithstanding any other provision 
     of this part, the military installations covered by 
     activities under this part in 2005 shall consist solely of 
     military installations outside the United States.
       ``(2) Except as otherwise provided in this section, for 
     purposes of activities under this part in 2005 any reference 
     to military installations inside the United States shall be 
     deemed to be a reference to military installations outside 
     the United States.
       ``(b) Inapplicability of Selection Criteria for 2005.--The 
     final selection criteria prepared under section 2913 shall 
     not be used in making recommendations for the closure or 
     realignment of military installations under this part in 
     2005.

[[Page S5614]]

       ``(c) Recommendations of Secretary of Defense.--(1) In lieu 
     of any information otherwise required under paragraph (1) or 
     (2) of subsection (b) of section 2914, the recommendations of 
     the Secretary of Defense under subsection (a) of that section 
     shall include the following:
       ``(A) A detailed plan for eliminating any physical capacity 
     at military installations outside the United States that 
     requires the unnecessary diversion of scarce resources for 
     operation and maintenance, sustainment, or recapitalization 
     of such capacity.
       ``(B) A list of the military installations outside the 
     United States that are proposed for closure or realignment 
     under this part, and a schedule for the closure or 
     realignment of such installations.
       ``(C) A list of the military installations to which 
     personnel or equipment will be relocated from military 
     installations included in the list under subparagraph (B), 
     including for each military installation so listed, the new 
     infrastructure to be required for such personnel or equipment 
     and the cost of such infrastructure.
       ``(D) An estimate of the cost savings to be achieved by the 
     closure or realignment of military installations under 
     subparagraph (B).
       ``(E) A certification whether or not a round in 2007 for 
     the closure or realignment of military installations inside 
     the United States is advisable.
       ``(2) In making recommendations referred to in paragraph 
     (1), the Secretary shall take into account the final report 
     of the Commission on the Review of the Overseas Military 
     Facility Structure of the United States under section 128 of 
     the Military Construction Appropriations Act, 2004 (Public 
     Law 108-132; 117 Stat. 1382; 10 U.S.C. 111 note).
       ``(d) Commission Review and Recommendations.--(1) In 
     addition to the requirements specified in section 2914(d), 
     the Commission shall include in its report under paragraph 
     (1) of that section the following:
       ``(A) An assessment by the Commission of the extent to 
     which the recommendations of the Secretary under subsection 
     (c) take into account the final report referred to in 
     subsection (c)(2).
       ``(B) An assessment by the Commission whether or not the 
     recommendations of the Secretary under subsection (c) 
     maximize the amount of savings that can be achieved by the 
     United States through the closure or realignment of military 
     installations outside the United States.
       ``(C) An assessment by the Commission whether or not a 
     round in 2007 for the closure or realignment of military 
     installations inside the United States is advisable.
       ``(2) Paragraph (5) of section 2914(d) shall not apply to 
     the review and recommendations of the Commission, under such 
     section and this subsection, of the recommendations of the 
     Secretary under subsection (c).
       ``(e) Completion of Closure or Realignment Actions.--The 
     closure or realignment of military installations outside the 
     United States under this part pursuant to activities under 
     this part in 2005 shall be completed not later than December 
     31, 2010.''.

     SEC. 2862. BASE CLOSURE ROUND IN 2007 RELATING TO 
                   INSTALLATIONS INSIDE THE UNITED STATES.

       (a) Two-Year Extension of Base Closure Law for Purposes of 
     Round in 2007.--Section 2909(a) 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 striking 
     ``April 15, 2006,'' and inserting ``April 15, 2008,''.
       (b) Expedited Consideration by Congress of Round in 2007.--
     That Act, as amended by section 2861 of this Act, is further 
     amended by adding at the end the following new section:

     ``SEC. 2916. REQUIREMENTS AND LIMITATIONS ON BASE CLOSURE 
                   ROUND IN 2007 RELATING TO INSTALLATIONS INSIDE 
                   THE UNITED STATES.

       ``(a) Expedited Consideration by Congress of Authorization 
     for Round.--The consideration by Congress of a joint 
     resolution for a round of defense base closure and 
     realignment under this part in 2007 relating to military 
     installations inside the United States shall be governed by 
     the provisions of section 2908.
       ``(b) Joint Resolution.--For purposes of this section and 
     the application of section 2908 to the joint resolution 
     referred to in subsection (a), the term `joint resolution' 
     means a joint resolution which is introduced within the 10-
     day period beginning on the date in 2005 on which the 
     President transmits to Congress an approval and certification 
     described in paragraph (2) or (4) of section 2903(e) in 
     accordance with section 2914(e), and--
       ``(1) which does not have a preamble;
       ``(2) the matter after the resolving clause of which is as 
     follows: `That a round of defense base closure and 
     realignment is authorized to occur under 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) in 2007, with such 
     round to apply to military installations inside the United 
     States'; and
       ``(3) the title of which is as follows: `Joint Resolution 
     to authorize a round of defense base closure and realignment 
     in 2007 with respect to military installations inside the 
     United States.'.
       ``(c) Criteria and Schedule for 2007 Round.--Not later than 
     15 days after the date of the enactment of the joint 
     resolution, the Secretary of Defense shall publish in the 
     Federal Register the following:
       ``(1) The selection criteria to be utilized in the round of 
     defense base closure and realignment under this part in 2007, 
     which criteria shall be the final selection criteria 
     developed under section 2913(e), together with such 
     modifications of such final selection criteria as the 
     Secretary considers appropriate in light of changes in 
     circumstances since March 15, 2004.
       ``(2) The schedule in 2007 for actions on recommendations 
     and consideration of recommendations in the round of defense 
     base closure and realignment under this part under section 
     2914, which schedule shall, to the maximum extent 
     practicable, be the schedule for 2005 as specified under that 
     section together with such modifications as the Secretary 
     considers appropriate to take into account changes in the 
     calendar between 2005 and 2007.''.
                                 ______
                                 
  SA 3159. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle G of title X, add the following:

                  TITLE __--UNEMPLOYMENT COMPENSATION

     SEC. __01. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT 
                   COMPENSATION ACT OF 2002.

       (a) In General.--Section 208 of the Temporary Extended 
     Unemployment Compensation Act of 2002 (Public Law 107-147; 
     116 Stat. 30), as amended by Public Law 108-1 (117 Stat. 3) 
     and the Unemployment Compensation Amendments of 2003 (Public 
     Law 108-26; 117 Stat. 751), is amended--
       (1) in subsection (a)(2), by striking ``December 31, 2003'' 
     and inserting ``November 30, 2004'';
       (2) in subsection (b)(1), by striking ``December 31, 2003'' 
     and inserting ``November 30, 2004'';
       (3) in subsection (b)(2)--
       (A) in the heading, by striking ``december 31, 2003'' and 
     inserting ``november 30, 2004''; and
       (B) by striking ``December 31, 2003'' and inserting 
     ``November 30, 2004''; and
       (4) in subsection (b)(3), by striking ``March 31, 2004'' 
     and inserting ``February 28, 2005''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Temporary Extended Unemployment Compensation Act of 2002 
     (Public Law 107-147; 116 Stat. 21) and shall apply with 
     respect to payments for weeks of unemployment beginning on or 
     after the date of enactment this Act.

     SEC. __02. ADDITIONAL REVISION TO CURRENT TEUC-X TRIGGER.

       (a) In General.--Section 203(c)(2)(B) of the Temporary 
     Extended Unemployment Compensation Act of 2002 (Public Law 
     107-147; 116 Stat. 30) is amended to read as follows:
       ``(B) such a period would then be in effect for such State 
     under such Act if--
       ``(i) section 203(d) of such Act were applied as if it had 
     been amended by striking `5' each place it appears and 
     inserting `4'; and
       ``(ii) with respect to weeks of unemployment beginning 
     after December 27, 2003--

       ``(I) paragraph (1)(A) of such section 203(d) did not 
     apply; and
       ``(II) clause (ii) of section 203(f)(1)(A) of such Act did 
     not apply.''.

       (b) Application.--Section 203(c)(2)(B)(ii) of the Temporary 
     Extended Unemployment Compensation Act of 2002 (Public Law 
     107-147; 116 Stat. 30), as added by subsection (a), shall 
     apply with respect to payments for weeks of unemployment 
     beginning on or after the date of enactment this Act.

     SEC. __03. TEMPORARY STATE AUTHORITY TO WAIVE APPLICATION OF 
                   LOOKBACKS UNDER THE FEDERAL-STATE EXTENDED 
                   UNEMPLOYMENT COMPENSATION ACT OF 1970.

       For purposes of conforming with the provisions of the 
     Federal-State Extended Unemployment Compensation Act of 1970 
     (26 U.S.C. 3304 note), a State may, during the period 
     beginning on the date of enactment of this Act and ending on 
     November 30, 2004, waive the application of either subsection 
     (d)(1)(A) of section 203 of such Act or subsection 
     (f)(1)(A)(ii) of such section, or both.
                                 ______
                                 
  SA 3160. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 394, after line 22, insert the following:

     SEC. 3122. REPORT ON EFFORTS OF THE NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.

       (a) Study.--(1) Not later than 60 days after the date of 
     the enactment of this Act, the

[[Page S5615]]

     Administrator of the National Nuclear Safety Administration 
     shall enter into a contract providing for a study group of 
     scientists to carry out a study to assess the efforts of the 
     National Nuclear Security Administration to understand the 
     aging of plutonium in nuclear weapons. In contracting for the 
     performance of such services, the Administrator shall seek to 
     enter into that contract with the study group of scientists 
     that is affiliated with MITRE Corporation and known as the 
     JASON group.
       (2) The Administrator shall make available to the 
     contractor under this subsection all information that is 
     necessary for the contractor to successfully complete a 
     meaningful study on a timely basis.
       (b) Report Required.--(1) Not later than one year after the 
     date on which the Administrator enters into the contract 
     required under subsection (a), the Administrator shall submit 
     to Congress a report on the findings of the contractor 
     regarding the efforts of the National Nuclear Security 
     Administration to understand the aging of plutonium in 
     nuclear weapons.
       (2) The report shall include the recommendations of the 
     contractor for improving the knowledge, understanding, and 
     application of the fundamental and applied sciences related 
     to the study of plutonium aging.
       (3) The report under this subsection shall be submitted in 
     unclassified form, but may include a classified annex.
                                 ______
                                 
  SA 3161. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 365, between lines 18 and 19, insert the following:

     SEC. 2830. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, 
                   DOYLINE, LOUISIANA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the State of Louisiana (in this section referred to 
     as the ``State'') all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     any improvements thereon, consisting of approximately 14,949 
     acres located at the Louisiana Army Ammunition Plant, 
     Doyline, Louisiana, for the purpose of using such property 
     for military training.
       (b) Consideration.--As consideration for the conveyance of 
     property under subsection (a), the State shall--
       (1) accommodate the use of such property, at no cost or 
     fee, for meeting the present and future training needs of 
     Armed Forces units, including units of the Louisiana National 
     Guard and the other reserve components of the Armed Forces, 
     on those areas of the Louisiana Army Ammunition Plant that 
     were being used to support such training needs prior to the 
     conveyance under subsection (a);
       (2) assume, starting on the date that is five years after 
     the date of the conveyance of such property, responsibility 
     for any monitoring, sampling, or reporting requirements that 
     are associated with the environmental restoration activities 
     of the Army on the Louisiana Army Ammunition Plant, and shall 
     bear such responsibility until such time as such monitoring, 
     sampling, or reporting is no longer required; and
       (3) assume responsibility for any obligations of the Army 
     under real estate agreements made by the Army and the 
     facility use contractor with respect to the Louisiana Army 
     Ammunition Plant in accordance with the terms of those 
     agreements in effect at the time of the conveyance.
       (c) Exemption From Federal Screening.--The conveyance under 
     subsection (a) is exempt from the requirement to screen the 
     property for other Federal use under section 2696 of title 
     10, United States Code, and the authority to make such 
     conveyance shall not be considered to render the property 
     excess or underutilized.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by surveys satisfactory to 
     the Secretary. The cost of each survey shall be borne by the 
     State.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 3162. Mr. DOMENICI (for himself, Mrs. Feinstein, Mr. Lugar, Mr. 
Biden, Mr. Alexander, Mr. Bingaman, Mr. Reed, and Mr. Akaka) proposed 
an amendment to the bill S. 2400, to authorize appropriations for 
fiscal year 2005 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Services, and for other purposes; as follows:

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

     SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE 
                   MATERIALS, RADIOLOGICAL MATERIALS, AND RELATED 
                   EQUIPMENT AT VULNERABLE SITES WORLDWIDE.

       (a) Sense of Congress.--(1) It is the sense of Congress 
     that the security, including the rapid removal or secure 
     storage, of high-risk, proliferation-attractive fissile 
     materials, radiological materials, and related equipment at 
     vulnerable sites worldwide should be a top priority among the 
     activities to achieve the national security of the United 
     States.
       (2) It is the sense of Congress that the President may 
     establish in the Department of Energy a task force to be 
     known as the Task Force on Nuclear Materials to carry out the 
     program authorized by subsection (b).
       (b) Program Authorized.--The Secretary of Energy may carry 
     out a program to undertake an accelerated, comprehensive 
     worldwide effort to mitigate the threats posed by high-risk, 
     proliferation-attractive fissile materials, radiological 
     materials, and related equipment located at sites potentially 
     vulnerable to theft or diversion.
       (c) Program Elements.--(1) Activities under the program 
     under subsection (b) may include the following:
       (A) Accelerated efforts to secure, remove, or eliminate 
     proliferation-attractive fissile materials or radiological 
     materials in research reactors, other reactors, and other 
     facilities worldwide.
       (B) Arrangements for the secure shipment of proliferation-
     attractive fissile materials, radiological materials, and 
     related equipment to other countries willing to accept such 
     materials and equipment, or to the United States if such 
     countries cannot be identified, and the provision of secure 
     storage or disposition of such materials and equipment 
     following shipment.
       (C) The transportation of proliferation-attractive fissile 
     materials, radiological materials, and related equipment from 
     sites identified as proliferation risks to secure facilities 
     in other countries or in the United States.
       (D) The processing and packaging of proliferation-
     attractive fissile materials, radiological materials, and 
     related equipment in accordance with required standards for 
     transport, storage, and disposition.
       (E) The provision of interim security upgrades for 
     vulnerable, proliferation-attractive fissile materials and 
     radiological materials and related equipment pending their 
     removal from their current sites.
       (F) The utilization of funds to upgrade security and 
     accounting at sites where proliferation-attractive fissile 
     materials or radiological materials will remain for an 
     extended period of time in order to ensure that such 
     materials are secure against plausible potential threats and 
     will remain so in the future.
       (G) The management of proliferation-attractive fissile 
     materials, radiological materials, and related equipment at 
     secure facilities.
       (H) Actions to ensure that security, including security 
     upgrades at sites and facilities for the storage or 
     disposition of proliferation-attractive fissile materials, 
     radiological materials, and related equipment, continues to 
     function as intended.
       (I) The provision of technical support to the International 
     Atomic Energy Agency (IAEA), other countries, and other 
     entities to facilitate removal of, and security upgrades to 
     facilities that contain, proliferation-attractive fissile 
     materials, radiological materials, and related equipment 
     worldwide.
       (J) The development of alternative fuels and irradiation 
     targets based on low-enriched uranium to convert research or 
     other reactors fueled by highly-enriched uranium to such 
     alternative fuels, as well as the conversion of reactors and 
     irradiation targets employing highly-enriched uranium to 
     employment of such alternative fuels and targets.
       (K) Accelerated actions for the blend down of highly-
     enriched uranium to low-enriched uranium.
       (L) The provision of assistance in the closure and 
     decommissioning of sites identified as presenting risks of 
     proliferation of proliferation-attractive fissile materials, 
     radiological materials, and related equipment.
       (M) Programs to--
       (i) assist in the placement of employees displaced as a 
     result of actions pursuant to the program in enterprises not 
     representing a proliferation threat; and
       (ii) convert sites identified as presenting risks of 
     proliferation regarding proliferation-attractive fissile 
     materials, radiological materials, and related equipment to 
     purposes not representing a proliferation threat to the 
     extent necessary to eliminate the proliferation threat.
       (2) The Secretary of Energy shall, in coordination with the 
     Secretary of State, carry out the program in consultation 
     with, and with the assistance of, appropriate departments, 
     agencies, and other entities of the United States Government.
       (3) The Secretary of Energy shall, with the concurrence of 
     the Secretary of State, carry out activities under the 
     program in collaboration with such foreign governments, non-
     governmental organizations, and other international entities 
     as the Secretary considers appropriate for the program.
       (d) Reports.--(1) Not later than March 15, 2005, the 
     Secretary shall submit to Congress a classified interim 
     report on the program under subsection (b).
       (2) Not later than January 1, 2006, the Secretary shall 
     submit to Congress a classified final report that includes 
     the following:

[[Page S5616]]

       (A) A survey by the Secretary of the facilities and sites 
     worldwide that contain proliferation-attractive fissile 
     materials, radiological materials, or related equipment.
       (B) A list of sites determined by the Secretary to be of 
     the highest priority, taking into account risk of theft from 
     such sites, for removal or security of proliferation-
     attractive fissile materials, radiological materials, or 
     related equipment, organized by level of priority.
       (C) A plan, including activities under the program under 
     this section, for the removal, security, or both of 
     proliferation-attractive fissile materials, radiological 
     materials, or related equipment at vulnerable facilities and 
     sites worldwide, including measurable milestones, metrics, 
     and estimated costs for the implementation of the plan.
       (3) A summary of each report under this subsection shall 
     also be submitted to Congress in unclassified form.
       (e) Funding.--Amounts authorized to be appropriated to the 
     Secretary of Energy for defense nuclear nonproliferation 
     activities shall be available for purposes of the program 
     under this section.
       (f) Definitions.--In this section:
       (1) The term ``fissile materials'' means plutonium, highly-
     enriched uranium, or other material capable of sustaining an 
     explosive nuclear chain reaction, including irradiated items 
     containing such materials if the radiation field from such 
     items is not sufficient to prevent the theft or misuse of 
     such items.
       (2) The term ``radiological materials'' includes Americium-
     241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, 
     Plutonium-238, Radium-226 and Strontium-90, Curium-244, 
     Strontium-90, and irradiated items containing such materials, 
     or other materials designated by the Secretary of Energy for 
     purposes of this paragraph.
       (3) The term ``related equipment'' includes equipment 
     useful for enrichment of uranium in the isotope 235 and for 
     extraction of fissile materials from irradiated fuel rods and 
     other equipment designated by the Secretary of Energy for 
     purposes of this section.
       (4) The term ``highly-enriched uranium'' means uranium 
     enriched to or above 20 percent in isotope 235.
       (5) The term ``low-enriched uranium'' means uranium 
     enriched below 20 percent in isotope 235.
       (6) The term ``proliferation-attractive'', in the case of 
     fissile materials and radiological materials, means 
     quantities and types of such materials that are determined by 
     the Secretary of Energy to present a significant risk to the 
     national security of the United States if diverted to a use 
     relating to proliferation.
                                 ______
                                 
  SA 3163. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 296, between lines 14 and 15, insert the following:

               TITLE XIII--MEDICAL READINESS AND TRACKING

     SEC. 1300. SHORT TITLE.

       This title may be cited as the ``Medical Readiness and 
     Tracking Act of 2004''.

                Subtitle A--Reserve Component Personnel

     SEC. 1301. STUDY OF HEALTH OF RESERVES ORDERED TO ACTIVE DUTY 
                   FOR OPERATIONS ENDURING FREEDOM AND IRAQI 
                   FREEDOM.

       (a) Requirement for GAO Study.--The Comptroller General of 
     the United States shall carry out a study of the health of 
     the members of the reserve components of the Armed Forces who 
     have been called or ordered to active duty for a period of 
     more than 30 days in support of Operation Enduring Freedom 
     and Operation Iraqi Freedom. The Comptroller General shall 
     commence the study not later than 180 days after the date of 
     the enactment of this Act.
       (b) Purposes.--The purposes of the study under this section 
     are as follows:
       (1) To review the health status and medical fitness of the 
     activated Reserves when they were called or ordered to active 
     duty.
       (2) To review the effects, if any, on logistics planning 
     and the deployment schedules for the operations referred to 
     in subsection (a) that resulted from deficiencies in the 
     health or medical fitness of activated Reserves.
       (3) To review compliance of the responsible Department of 
     Defense personnel with Department of Defense policies on 
     routine medical and physical fitness examinations that are 
     applicable to the reserve components of the Armed Forces.
       (4) To review in the case of activated Reserves deployed to 
     the theater of an operation referred to in subsection (a), 
     the medical care that was provided to such personnel in the 
     theater during the first six months after arrival in the 
     theater.
       (c) Report.--The Comptroller General shall, not later than 
     18 months after the date of the enactment of this Act, submit 
     a report on the results of the study under this section to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives. The report shall include the following 
     matters:
       (1) With respect to the matters reviewed under paragraph 
     (1) of subsection (b)--
       (A) the percentage of activated Reserves who were 
     determined to be medically unfit for deployment, together 
     with an analysis of the medical illnesses or conditions most 
     commonly found among the activated Reserves that were grounds 
     for determinations of medical unfitness for deployment; and
       (B) the percentage of the activated Reserves who, before 
     being deployed, needed medical care for health conditions 
     identified when called or ordered to active duty, together 
     with an analysis of the types of care that were provided for 
     such conditions.
       (2) With respect to the matters reviewed under paragraph 
     (2) of subsection (b)--
       (A) the delays and other disruptions in deployment 
     schedules that resulted from deficiencies in the health 
     status or medical fitness of activated Reserves; and
       (B) an analysis of the extent to which it was necessary to 
     merge units or otherwise alter the composition of units, and 
     the extent to which it was necessary to merge or otherwise 
     alter objectives, in order to compensate for limitations on 
     the deployability of activated Reserves resulting from 
     deficiencies in the health status or medical fitness of 
     activated Reserves.
       (3) With respect to the matters reviewed under paragraph 
     (3) of subsection (b), an assessment of the extent of the 
     compliance of the responsible Department of Defense personnel 
     with Department of Defense policies on routine medical and 
     physical fitness examinations that are applicable to the 
     reserve components of the Armed Forces.
       (4) With respect to the matters reviewed under paragraph 
     (4) of subsection (b), an analysis of the extent to which the 
     medical care provided to activated Reserves in each theater 
     of operations referred to in subsection (a) related to 
     preexisting conditions that were not adequately addressed 
     before the deployment of such personnel to the theater.
       (d) Definitions.--In this section:
       (1) The term ``activated Reserves'' means the members of 
     the Armed Forces referred to in subsection (a).
       (2) The term ``active duty for a period of more than 30 
     days'' has the meaning given such term in section 101(d) of 
     title 10, United States Code.
       (3) The term ``health condition'' includes a dental 
     condition.
       (4) The term ``reserve components of the Armed Forces'' 
     means the reserve components listed in section 10101 of title 
     10, United States Code.

     SEC. 1302. PHYSICAL EXAMINATIONS.

       (a) Requirement.--Section 10206(a) of title 10, United 
     States Code, is amended by striking ``shall--'' and all that 
     follows and inserting ``shall be examined as to his physical 
     fitness every 30 months, or more often as the Secretary 
     concerned considers necessary.''.
       (b) Effective Date.--This section and the amendment made by 
     subsection (a) shall take effect on October 1, 2004.

     SEC. 1303. RETRAINING OR SEPARATION OF MEDICALLY UNFIT 
                   MEMBERS.

       (a) Requirement.--Chapter 1007 of title 10, United States 
     Code, is amended by inserting after section 10206 the 
     following new section:

     ``Sec. 10206a. Required actions for members not medically fit

       ``(a) In General.--The Secretary of a military department 
     shall take action under subsection (b) in the case of each 
     member of a reserve component under the Secretary's 
     jurisdiction who--
       ``(1) as a result of an examination under section 10206 of 
     this title or any other physical or medical examination 
     performed under regulations prescribed by the Secretary, is 
     determined not medically qualified for the performance of the 
     duties of such member's position; and
       ``(2) either--
       ``(A) as of the date that is 180 days after the date of 
     that determination, is not making progress to become 
     medically qualified in accordance with a plan approved under 
     regulations prescribed by the Secretary; or
       ``(B) does not become medically qualified for the position 
     within the period covered by such a plan.
       ``(b) Required Actions.--A member of a reserve component 
     described in subsection (a)--
       ``(1) shall be reassigned to a position in such reserve 
     component for which the member is medically and otherwise 
     qualified; or
       ``(2) if there is no position in such reserve component for 
     which the member is medically and otherwise qualified, shall 
     be separated from such reserve component.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 10206 the following new item:

``10206a. Required actions for members not medically fit.''.

     SEC. 1304. POLICY ON DEFERRAL OF MEDICAL TREATMENT PENDING 
                   DEPLOYMENT TO THEATERS OF OPERATION.

       (a) Requirement for Policy.--(1) Chapter 1007 of title 10, 
     United States Code, as amended by section 1303, is further 
     amended by inserting after section 10206a the following new 
     section:

     ``Sec. 10206b. Members ordered to active duty: treatment of 
       medical conditions

       ``(a) Policy Required.--The Secretary of Defense shall 
     prescribe a policy that specifies for members of the reserve 
     components

[[Page S5617]]

     called or ordered to active duty for a period of more than 30 
     days under a provision of law referred to in section 
     101(a)(13)(B) of this title--
       (1) the circumstances under which treatment for medical 
     conditions may be deferred to be provided within a theater of 
     operations in order to prevent delay or other disruption of a 
     deployment to that theater; and
       (2) the circumstances under which medical conditions are to 
     be treated before deployment to that theater.
       ``(b) Factors To Be Considered.--The policy under 
     subsection (a) shall specify the factors to be considered in 
     a determination of deferral or initiation of treatment of a 
     medical condition of a member to be deployed to a theater of 
     operations, including the following factors:
       ``(1) Severity of the condition, including the extent of 
     risk of significant aggravation of the condition if treatment 
     is delayed or inadequate.
       ``(2) Medical treatment capabilities available to the 
     member for such condition in the theater of operations.
       ``(3) The cost of treatment of the condition in such 
     theater as compared to the cost of treatment of the condition 
     under chapter 55 of this title at or in the vicinity of the 
     facility or installation from which the member is to be 
     deployed.''.
       (2) The table of sections at the beginning of such chapter, 
     as amended by section 1303(b), is further amended by 
     inserting after the item relating to section 10206a the 
     following new item:

``10206b. Members ordered to active duty: treatment of medical 
              conditions.''.

       (b) Time for Issuance of Policy.--The Secretary of Defense 
     shall issue the policy required by section 10206b of title 
     10, United States Code (as added by subsection (a)), not 
     later than 180 days after the date of the enactment of this 
     Act.

                 Subtitle B--All Armed Forces Personnel

                        PART I--HEALTH SCREENING

     SEC. 1311. RECRUIT ASSESSMENT PROGRAM.

       (a) Baseline Health Data.--(1) Chapter 55 of title 10, 
     United States Code, is amended by inserting after section 
     1092 the following new section:

     ``Sec. 1092a. Persons entering the armed forces: baseline 
       health data

       ``(a) Program Required.--The Secretary of Defense shall, 
     for the purposes set forth in subsection (b), carry out a 
     program for--
       ``(1) the routine collection of baseline health data from 
     all persons entering the armed forces;
       ``(2) computerized compilation and maintenance of the 
     baseline health data; and
       ``(3) analysis of the data.
       ``(b) Purposes.--The program under this section shall be 
     designed to achieve the following purposes:
       ``(1) To facilitate understanding of how exposures related 
     to service in the armed forces affect health.
       ``(2) To facilitate development of early intervention and 
     prevention programs to protect health and readiness.
       ``(c) Baseline Health Data Defined.--In this section, the 
     term `baseline health data', with respect to a person 
     entering any of the armed forces, means comprehensive 
     information on the health of that person upon entry.
       ``(d) Applicability to Coast Guard.--(1) The program under 
     this section shall apply to members of the Coast Guard to the 
     extent approved by the Secretary of Homeland Security.
       ``(2) Nothing in paragraph (1) shall be construed to limit 
     the application of the program under this section to a member 
     of the Coast Guard in that member's capacity as a person 
     entering a reserve component of the Army, Navy, Air Force, or 
     Marine Corps.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1092 the following new item:

``1092a. Persons entering the armed forces: baseline health data.''.

       (b) Time for Implementation.--The Secretary of Defense 
     shall implement the program required under section 1092a of 
     title 10, United States Code (as added by paragraph (1)), not 
     later than two years after the date of the enactment of this 
     Act.

     SEC. 1312. FURTHER REFINEMENT OF MEDICAL TRACKING SYSTEM FOR 
                   MEMBERS DEPLOYED OVERSEAS.

       (a) Establishment of Advisory Working Group.--(1) Not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Defense shall convene a working group to improve 
     the medical tracking system for members deployed overseas 
     established under section 1074f of title 10, United States 
     Code.
       (2) The working group under paragraph (1) shall be composed 
     of any number of members, not less than 12 and not more than 
     20, that the Secretary of Defense determines appropriate for 
     the working group to carry out its duties effectively, 
     including members appointed by the Secretary as follows:
       (A) One or more representatives of the Assistant Secretary 
     of Defense for Health Affairs.
       (B) One or more representatives of the Secretary of 
     Veterans Affairs, with the consent of the Secretary.
       (C) One or more civilian health professionals who have 
     expertise in public health and epidemiology.
       (D) Three or more civilian health professionals who have 
     been involved in military health research or treatment.
       (E) Three or more civilian health professionals who have 
     been involved in environmental health research or treatment.
       (F) Three or more civilians who are representative of 
     veterans and military health advocacy organizations.
       (3) The working group shall--
       (A) analyze the strengths and weaknesses of the medical 
     tracking system administered under section 1074f of title 10, 
     United States Code, as a means for detecting--
       (i) any health problems (including mental health 
     conditions) of members of the Armed Forces contemporaneous 
     with the performance of the assessment under the system; and
       (ii) exposures of the assessed members to environmental 
     hazards that potentially lead to future health problems;
       (B) analyze the strengths and weaknesses of such medical 
     tracking system as a means for supporting future research on 
     health issues presenting in the years following the 
     deployment of the members of the Armed Forces assessed under 
     the system; and
       (C) identify and develop recommended changes to such 
     medical tracking system that strengthen the system as a means 
     for--
       (i) detecting health problems and exposures to 
     environmental hazards as described in subparagraph (A); and
       (ii) supporting future research as described in 
     subparagraph (B).
       (4) Not later than 180 days after convening, the working 
     group shall submit to the Secretary a report setting forth 
     the analyses and recommendations of the working group.
       (b) Actions by Secretary of Defense.--Not later than 180 
     days after receipt of the report under subsection (a)(4), the 
     Secretary of Defense shall prescribe regulations to implement 
     the recommendations of the working group to the extent that 
     the Secretary considers appropriate. The regulations shall 
     include policies and standards for drawing blood samples for 
     effective assessment and tracking of the medical conditions 
     of personnel before deployment, upon the end of a deployment, 
     and for a follow-up period of appropriate length.
       (c) Interim Standards for Blood Sampling.--(1) The 
     Secretary of Defense shall require that, under the medical 
     tracking system administered under section 1074f of title 10, 
     United States Code--
       (A) the blood samples necessary for the predeployment 
     medical examination of a member of the Armed Forces required 
     under subsection (b) of such section be drawn not earlier 
     than 30 days before the date of the deployment;
       (B) the blood samples necessary for the postdeployment 
     medical examination of a member of the Armed Forces required 
     under such subsection be drawn not later than 30 days after 
     the date on which the deployment ends; and
       (C) annually, for the first three years after the 
     deployment of a member ends, blood samples be drawn from that 
     person for the purpose of assessing the medical condition of 
     such person under such system.
       (2) In the case of a person who is no longer a member of 
     the Armed Forces when a blood sample is to be drawn from such 
     person under paragraph (1)(C), the blood may be drawn at any 
     medical facility of the uniformed services designated by the 
     Secretary of Defense. The Secretary shall attempt to 
     accommodate the convenience of that person in selecting a 
     facility for the drawing of that person's blood sample.
       (3) The requirements of paragraph (1) shall cease to be 
     effective on the date on which the regulations prescribed 
     under subsection (b) take effect.

             PART II--MEDICAL CARE IN THEATER OF OPERATIONS

     SEC. 1315. MEDICAL SERVICES PROVIDED IN ALLIED HEALTH 
                   FACILITIES.

       Not later than one year after the date of the enactment of 
     this Act, the Assistant Secretary of Defense for Health 
     Affairs shall submit to the Secretary of Defense and the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the extent and types of medical 
     services that were provided to members of the Armed Forces in 
     facilities of allies of the United States during previous and 
     current deployments of the Armed Forces, including Operations 
     Desert Shield, Desert Storm, Joint Endeavor, Joint Forge, 
     Joint Guardian, Enduring Freedom, and Iraqi Freedom.

     SEC. 1316. DEVELOPMENT OF POLICY ON PERSONNEL LOCATION DATA.

       (a) Requirement for Policy.--The Secretary of Defense shall 
     prescribe a Department of Defense policy on the collection 
     and dissemination of in-theater individual personnel location 
     data for the following purposes:
       (1) To facilitate health care research and informed health 
     care policy making for the Armed Forces.
       (2) To enhance the capabilities of the Armed Forces to 
     recognize and meet the health care needs of members of the 
     Armed Forces returning to home stations from deployment to a 
     theater of operations.
       (b) Advisory Working Group.--(1) The Secretary shall 
     establish a working group to advise the Secretary on the 
     development of the policy under subsection (a). The working 
     group shall include the following:
       (A) One or more representatives of the Assistant Secretary 
     of Defense for Health Affairs.
       (B) One or more representatives of the Secretary of 
     Veterans Affairs, with the consent of the Secretary.

[[Page S5618]]

       (C) One or more representatives of the program manager for 
     the Global Combat Support System.
       (D) One or more representatives of the defense manpower 
     data center.
       (E) One or more representatives of the program manager for 
     the Land Warrior System.
       (F) One or more civilian health professionals who have been 
     involved in research and treatment of Gulf War Syndrome.
       (G) One or more representatives of the Joint Staff.
       (2) In developing the policy recommendations, the working 
     group shall take into consideration--
       (A) traditional medical requirements for complete and open 
     access to specific, individual personnel location data to 
     provide for--
       (i) adequate and independent peer review by all interested 
     parties; and
       (ii) an open and transparent process for setting 
     scientifically rigorous health policy and formulating 
     clinical guidelines for care;
       (B) traditional operational requirements for securing 
     personnel location data so as to prevent--
       (i) compromise of mission objectives; or
       (ii) unauthorized disclosure of tactical and logistical 
     planning; and
       (C) existing practical limitations on the collection of 
     such data, together with solutions for eliminating such 
     limitations.

     SEC. 1317. REPORT ON TRAINING OF FIELD MEDICAL PERSONNEL.

       (a) Requirement for Report.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     training on environmental hazards that is provided by the 
     Armed Forces to medical personnel of the Armed Forces who are 
     deployable to the field in direct support of combat 
     personnel.
       (b) Content.--The report under subsection (a) shall include 
     the following:
       (1) An assessment of the adequacy of the training 
     regarding--
       (A) the identification of--
       (i) common environmental hazards; and
       (ii) exposures to such hazards; and
       (B) the prevention and treatment of adverse health effects 
     of such exposures.
       (2) A discussion of the actions taken and to be taken to 
     improve such training.

          PART III--MEDICAL CARE AFTER RETURN FROM DEPLOYMENT

     SEC. 1321. FINDINGS.

       Congress makes the following findings:
       (1) One out of every nine members of the Armed Forces 
     returning to home station from a deployment overseas listed 
     on the member's post-deployment self-reported health 
     assessment under the Health Evaluation Assessment Review 
     program of the United States Army Center for Health Promotion 
     and Preventive Medicine a concern about possibly having been 
     exposed to environmental hazards deleterious to the member's 
     health during the deployment, according to an article in the 
     edition of the Medical Surveillance Monthly Report published 
     for July and August 2003 by the Army Medical Surveillance 
     Activity of the Directorate of Epidemiology and Disease 
     Surveillance of the United States Army Center for Health 
     Promotion and Prevention of Disease.
       (2) This constitutes a high proportion of members who might 
     have suffered exposure to environmental hazards that 
     potentially lead to immediate or future health problems.

     SEC. 1322. REPORT ON RESPONSES TO HEALTH CONCERNS OF MEMBERS.

       (a) Requirement for Report.--Not later than 180 days after 
     the date of the enactment of this Act, the Assistant 
     Secretary of Defense for Health Affairs shall submit to the 
     Secretary of Defense and the Committees on Armed Services of 
     the Senate and the House of Representatives a report on 
     Department of Defense responses to expressions of concerns 
     made as described in section 221(1).
       (b) Content.--The report regarding health concerns 
     submitted under subsection (a) shall include the following:
       (1) A discussion of the actions taken by Department of 
     Defense officials to investigate the circumstances underlying 
     such concerns in order to determine the validity of the 
     concerns.
       (2) A discussion of the actions taken by Department of 
     Defense officials to evaluate or treat members and former 
     members of the Armed Forces who are confirmed to have been 
     exposed to environmental hazards deleterious to their health 
     during deployments of the Armed Forces.

     SEC. 1323. RESPONSIBILITIES OF INSTALLATION COMMANDERS.

       (a) Preparations To Meet Health Care Needs.--Chapter 55 of 
     title 10, United States Code, is amended by inserting after 
     section 1074k the following new section:

     ``Sec. 1074l. Care of members redeploying from overseas 
       deployment

       ``(a) Needs Assessment.--The Secretary of Defense shall 
     require the commander of each military installation at which 
     members of the armed forces are to be processed upon 
     redeployment from an overseas deployment--
       ``(1) to identify and analyze the anticipated health care 
     needs of such members before the arrival of such members at 
     that installation; and
       ``(2) to report such needs to the Secretary.
       ``(b) Data Sources.--To carry out the duties imposed under 
     subsection (a), the commander of an installation shall obtain 
     the necessary information from the sources available to the 
     commander, including the following information:
       ``(1) Information on schedules and locations from 
     transportation and logistics personnel.
       ``(2) Information on disease and nonbattle injuries from 
     the Surgeon General of the armed force concerned.
       ``(3) Information collected from environmental surveillance 
     of the theater of military operations from which members are 
     redeploying.
       ``(4) Information on the prevalence of combat and noncombat 
     injuries, to the extent relevant.
       ``(c) Health Care To Meet Needs.--The Secretary of Defense 
     shall prescribe in regulations procedures for the commander 
     of each military installation described in subsection (a) to 
     meet the anticipated health care needs that are identified by 
     the commander in the performance of duties under this 
     section. The procedures shall include the following:
       ``(1) Arrangements for health care provided by the 
     Secretary of Veterans Affairs.
       ``(2) Procurement of services from local health care 
     providers.
       ``(3) Temporary employment of health care personnel to 
     provide services at such installation.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1074k the following new item:

``1074l. Care of members redeploying from overseas deployment.''.

                Subtitle C--Policy Compliance Assurance

     SEC. 1331. SERUM REPOSITORY AUDITS.

       (a) Requirement for Biennial Audit.--(1) Chapter 55 of 
     title 10, United States Code, is amended by inserting after 
     section 1073a the following new section:

     ``Sec. 1073b. Serum repository audits

       ``(a) Periodic Audits.--The Secretary of Defense shall 
     require the director of the serum repository of the 
     Department of Defense to audit at least twice every two years 
     the records of blood samples stored in such repository to 
     determine the percentage of members of the armed forces who 
     are in compliance with the applicable Department of Defense 
     and military department policies on the collection of blood 
     samples from members of the armed forces. The Secretary may 
     impose any higher minimum number of periodic audits under 
     this section that the Secretary considers appropriate.
       ``(b) Report.--(1) Upon completion of an audit under 
     subsection (a), the director of the serum repository shall 
     submit a report on the audit to the Secretary of Defense. The 
     report shall include the following information:
       ``(A) The compliance percentage determined under such 
     subsection.
       ``(B) A discussion of the most common compliance problems 
     identified.
       ``(C) Any recommendations for actions to improve 
     compliance.
       ``(2) The Secretary shall transmit the report received 
     under paragraph (1) to the Committees on Armed Services of 
     the Senate and the House of Representatives. The Secretary 
     may include any comments and recommendations that the 
     Secretary considers appropriate.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1073a the following new item:

``1073b. Serum repository audits.''.

       (b) Initial Audit.--The first audit under section 1073b of 
     title 10, United States Code (as added by subsection (a)), 
     shall be completed not later than 180 days after the date of 
     the enactment of this Act.

     SEC. 1332. DEPLOYMENT-RELATED HEALTH ASSESSMENT AUDITS.

       (a) Requirement for Biennial Audit.--Section 1074f(d) of 
     title 10, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(d) Quality Assurance.--
     ''; and
       (2) by adding at the end the following:
       ``(2)(A) The Secretary of Defense shall require the 
     director of the Defense Medical Surveillance System to audit, 
     every two years, the predeployment and postdeployment health 
     assessment database maintained by the director in order to 
     determine the percentage of members of the armed forces who 
     are in compliance with the applicable Department of Defense 
     and military department policies on the collection of 
     predeployment and postdeployment health assessment data.
       ``(B) Upon completion of the biennial audit under 
     subparagraph (A), the director of the Defense Medical 
     Surveillance System shall submit a report on the audit to the 
     Secretary of Defense. The report shall include the following 
     information:
       ``(i) The compliance percentage determined under such 
     audit.
       ``(ii) A discussion of the most common compliance problems 
     identified.
       ``(iii) Any recommendations for actions to improve 
     compliance.
       ``(C) The Secretary shall transmit the report received 
     under subparagraph (B) to the Committees on Armed Services of 
     the Senate and the House of Representatives. The Secretary 
     may include any comments and recommendations that the 
     Secretary considers appropriate.''.
       (b) Initial Audit.--The first audit under section 
     1074f(d)(2) of title 10, United States Code (as added by 
     subsection (a)), shall be completed not later than 180 days 
     after the date of the enactment of this Act.

[[Page S5619]]

     SEC. 1333. DECLASSIFICATION OF INFORMATION ON EXPOSURES TO 
                   ENVIRONMENTAL HAZARDS.

       (a) Requirement for Review.--The Secretary of Defense shall 
     review and, as determined appropriate, revise the 
     classification policies of the Armed Forces Medical 
     Intelligence Center with a view to facilitating the 
     declassification of data that is potentially useful for the 
     monitoring and assessment of the health of members of the 
     Armed Forces who have been exposed to environmental hazards 
     during deployments overseas, including the following data:
       (1) In-theater injury rates.
       (2) Data derived from environmental surveillance.
       (3) Health tracking data.
       (b) Participation of Director of Armed Forces Medical 
     Intelligence Center.--The Secretary may act through or 
     consult with the Director of the Armed Forces Medical 
     Intelligence Center in carrying out the review and revising 
     policies under subsection (b).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on any changes to policies 
     described in subsection (a) that have been made as a result 
     of the review under such subsection.

     SEC. 1334. ACCESSIBILITY OF HEALTH ASSESSMENT INFORMATION TO 
                   ARMY MEMBERS ON THE INTERNET.

       Not later than one year after the date of the enactment of 
     this Act, the Chief Information Officer of the Department of 
     the Army shall ensure that the Army Knowledge Online portal 
     website includes the following health-assessment related 
     information:
       (1) Information on the Department of Defense policies 
     regarding predeployment and postdeployment health 
     assessments, including policies on the following matters:
       (A) Health surveys.
       (B) Physical examinations.
       (C) Collection of blood samples and other tissue samples.
       (2) Procedural information on compliance with such 
     policies, including the following information:
       (A) Information for determining whether a member is in 
     compliance.
       (B) Information on how to comply.
       (3) Health assessment surveys that are either--
       (A) web-based; or
       (B) accessible (with instructions) in     printer-ready 
     form by download.

     SEC. 1335. FULL IMPLEMENTATION OF FORCE HEALTH PROTECTION AND 
                   READINESS PROGRAM.

       (a) Implementation at All Levels.--The Secretary of 
     Defense, in conjunction with the Secretaries of the military 
     departments, shall take such actions as are necessary to 
     ensure that each of the Armed Forces fully implements at all 
     levels the Force Health Protection and Readiness Program of 
     the Department of Defense (relating to the prevention of 
     injury and illness and the reduction of disease and noncombat 
     injury threats).
       (b) Action Official.--The Secretary of Defense may act 
     through the Deputy Assistant Secretary of Defense for Force 
     Health Protection and Readiness in carrying out subsection 
     (a).
                                 ______
                                 
  SA 3164. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 280, after line 22, insert the following:

     SEC. 1068. COORDINATION OF USERRA WITH OTHER FEDERAL LAWS.

       (a) Treatment of Differential Payment as Wages for Purposes 
     of Income Tax Withholding.--Section 4302 of title 38, United 
     States Code, is amended by adding at the end the following:
       ``(c)(1) For purposes of chapter 24 of the Internal Revenue 
     Code of 1986 (relating to collection of income tax at source 
     on wages), any differential wage payment shall be treated as 
     a payment of wages by the employer to the employee.
       ``(2) For purposes of paragraph (1), the term `differential 
     wage payment' means any payment which--
       ``(A) is made by an employer to an employee with respect to 
     any period during which the employee is performing service in 
     the uniformed services while on active duty for a period of 
     more than 30 days, and
       ``(B) represents all or a portion of the difference between 
     the wages the employee would have received from the employer 
     if not performing service in the uniformed services and the 
     wages paid for performing such service.''.
       (b) Continued Contributions to Pension Plans.--Section 4318 
     of title 38, United States Code, is amended by adding at the 
     end the following:
       ``(c) For purposes of the Employee Retirement Income 
     Security Act of 1974 and the Internal Revenue Code of 1986, 
     any employer or employee contributor to an employee pension 
     benefit plan to which this section applies with respect to 
     any period during which the employee is performing service in 
     the uniformed services while on active duty for a period of 
     more than 30 days shall be treated as a contribution with 
     respect to a current employee of the employer.''.
                                 ______
                                 
  SA 3165. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 247, between lines 13 and 14, insert the following:

     SEC. 1022. STUDY OF ESTABLISHMENT OF MOBILIZATION STATION AT 
                   CAMP RIPLEY NATIONAL GUARD TRAINING CENTER, 
                   LITTLE FALLS, MINNESOTA.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall carry out and 
     complete a study on the feasibility of the use of Camp Ripley 
     National Guard Training Center, Little Falls, Minnesota, as a 
     mobilization station for reserve components ordered to active 
     duty under provisions of law referred to in section 
     101(a)(13)(B) of title 10, United States Code. The study 
     shall include consideration of the actions necessary to 
     establish such center as a mobilization station.
                                 ______
                                 
  SA 3166. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 25, between lines 15 and 16, insert the following:

     SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL 
                   INFORMATION GRID BANDWIDTH EXPANSION (GIG-BE) 
                   NETWORK.

       (a) Report Required.--Not later that 180 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 a report on a test to demonstrate the 
     maturity and effectiveness of the Global Information Grid-
     Bandwidth Expansion (GIG-BE) network architecture, using end-
     to-end evaluation capabilities independently monitored by the 
     Director of Operational Test and Evaluation.
       (b) Contents of Report.--The report under subsection (a) 
     shall--
       (1) certify whether the results of the test described in 
     subsection (a) demonstrate compliance of the GIG-BE 
     architecture with the overall goals of the GIG-BE program;
       (2) identify--
       (A) the extent to which the GIG-BE architecture does not 
     meet the overall goals of the program; and
       (B) the components that are not yet sufficiently developed 
     to achieve the goals required for certification of compliance 
     under paragraph (1);
       (3) include a plan and cost estimates for achieving 
     compliance; and
       (4) document the equipment and network configuration used 
     to demonstrate real-world scenarios, including the use of 
     mixtures of secure voice, secure video, teleconferencing, and 
     secure high volume data exchanges (at not less than 10 
     gigabytes per second) between the continental United States 
     and other theaters of operation, including Europe and the 
     Persian Gulf; and
       (5) document, with respect to the test--
       (A) the number of simulated users and network routers used;
       (B) information with respect to network loads; and
       (C) the metrics used to test performance, such as quality 
     of service, signal to noise ratios, bit error performance, 
     and data latencies measures.
                                 ______
                                 
  SA 3167. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 1022. REPORT ON AVAILABILITY OF LAUNCH SITES PERMITTING 
                   REALISTIC OVERLAND TEST FLIGHTS FOR DEFENSES 
                   AGAINST SHORT-RANGE BALLISTIC MISSILE SYSTEMS.

       (a) Finding.--Congress finds that the testing of defenses 
     against short-range ballistic missile systems require 
     overland flights of such systems of at least 1,000 kilometers 
     in order to accurately simulate realistic environmental 
     conditions that affect such defenses.

[[Page S5620]]

       (b) Report on Availability of Launch Sites.--The Secretary 
     of Defense shall submit to Congress a report assessing the 
     availability to the Department of Defense of launch sites 
     that permit overland flights of short-range ballistic missile 
     systems of at least 1,000 kilometers in order to accurately 
     simulate realistic environmental conditions that affect such 
     defenses.
                                 ______
                                 
  SA 3168. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 1022. REPORT ON CENTER FOR JOINT ANALYSIS AND ASSESSMENT 
                   OF MILITARY EQUIPMENT BY THE MILITARY 
                   DEPARTMENTS.

       (a) Finding.--Congress finds that joint research, 
     development, test, and evaluation on military equipment by 
     the military departments is critical to improving the quality 
     and survivability of such equipment.
       (b) Report.--The Secretary of Defense shall submit to 
     Congress a report that sets forth the following:
       (1) Locations identified by the Secretary as appropriate 
     locations for a center for the joint research, development, 
     test, and evaluation on military equipment by the military 
     departments.
       (2) A proposal for an organizational structure of the 
     center described in paragraph (1).
                                 ______
                                 
  SA 3169. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 3144 and insert the following:

     SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF 
                   LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.

       The Secretary of Energy shall require that the primary 
     management and operations contract for Los Alamos National 
     Laboratory, New Mexico, that involves Laboratory operations 
     after September 30, 2005, shall contain terms requiring the 
     contractor under such contract to provide support to the Los 
     Alamos Public School District, New Mexico, for the elementary 
     and secondary education of students by the School District in 
     the amount of $8,000,000 in each fiscal year.
                                 ______
                                 
  SA 3170. Mr. GRAHAM of South Carolina submitted an amendment intended 
to be proposed by him to the bill S. 2400, to authorize appropriations 
for fiscal year 2005 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Services, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike section 3119 and insert the following:

     SEC. 3119. TREATMENT OF WASTE MATERIAL.

       (a) Availability of Funds for Treatment.--Of the amount 
     authorized to be appropriated by section 3102(a)(1) for 
     environmental management for defense site acceleration 
     completion, $350,000,000 shall be available for the following 
     purposes at the sites referred to in subsection (b):
       (1) The safe management of tanks or tank farms used to 
     store waste from reprocessing activities.
       (2) The on-site treatment and storage of wastes from 
     reprocessing activities and related waste.
       (3) The consolidation of tank waste.
       (4) The emptying and cleaning of storage tanks.
       (5) Actions under section 3116.
       (b) Sites.--The sites referred to in this subsection are as 
     follows:
       (1) The Idaho National Engineering and Environmental 
     Laboratory, Idaho.
       (2) The Savannah River Site, Aiken, South Carolina.
       (3) The Hanford Site, Richland, Washington.
                                 ______
                                 
  SA 3171. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle H of title V, insert the following:

     SEC. 574. APPEARANCE OF VETERANS SERVICE ORGANIZATIONS AT 
                   PRESEPARATION COUNSELING PROVIDED BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) Appearance to Counseling for Discharge or Release From 
     Active Duty.--Section 1142 of title 10, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(d) Appearance by Veterans Service Organizations.--(1) 
     The Secretary concerned may permit a representative of a 
     veterans service organization to appear at and participate in 
     any preseparation counseling provided to a member of the 
     armed forces under this section.
       ``(2) For purposes of this subsection, a veterans service 
     organization is any organization recognized by the Secretary 
     of Veterans Affairs for the representation of veterans under 
     section 5902 of title 38.''.
       (b) Meeting With Reserves Released from Active Duty for 
     Further Service in the Reserves.--(1) A unit of a reserve 
     component on active duty in the Armed Forces may, upon 
     release from active duty in the Armed Forces for further 
     service in the reserve components, meet with a veterans 
     service organization for information and assistance relating 
     to such release if the commander of the unit authorizes the 
     meeting.
       (2) The time of a meeting for a unit under paragraph (1) 
     may be scheduled by the commander of the unit for such time 
     after the release of the unit as described in that paragraph 
     as the commander of the unit determines appropriate to 
     maximize the benefit of the meeting to the members of the 
     unit.
       (3) For purposes of this subsection, a veterans service 
     organization is any organization recognized by the Secretary 
     of Veterans Affairs for the representation of veterans under 
     section 5902 of title 38, United States Code.
                                 ______
                                 
  SA 3172. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2400, to authorize appropriations for 
fiscal year 2005 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Services, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 48, between lines 7 and 8, insert the following:

     SEC. 326. SENSE OF SENATE ON PERCHLORATE CONTAMINATION OF 
                   GROUND AND SURFACE WATER.

       (a) Findings.--The Senate makes the following findings:
       (1) Because finite water sources in the United States are 
     stretched by regional drought conditions and increasing 
     demand for water supplies, there is increased need for safe 
     and dependable supplies of fresh water for drinking and use 
     for agricultural purposes.
       (2) Perchlorate, a propellant used in munitions and jet 
     fuels, has contaminated fresh water sources intended for use 
     as drinking water and water necessary for the production of 
     agricultural commodities.
       (3) If ingested, perchlorate interferes with thyroid 
     metabolism, and scientific evidence suggests that this effect 
     can impair the normal development of the brain in fetuses, 
     infants, and toddlers, and permanently impairs cognitive 
     abilities and brain function in affected children.
       (4) The National Academy of Sciences is conducting an 
     assessment of the state of science regarding the effects on 
     human health of perchlorate ingestion that will aid in 
     understanding the effect of perchlorate exposure on sensitive 
     populations.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) perchlorate has been identified as a contaminant of 
     drinking water sources or in the environment in 34 States and 
     has been used or manufactured in 36 States;
       (2) perchlorate exposure at or above a certain level 
     adversely affects public health, particularly the health of 
     vulnerable and sensitive populations; and
       (3) to help reduce the risk of perchlorate exposure, the 
     Secretary of Defense should develop and implement a plan to 
     remediate perchlorate contamination of the environment 
     resulting from Department of Defense activities in areas at 
     which levels of perchlorate pose the risk of hazardous 
     exposure to perchlorate.
                                 ______
                                 
  SA 3173. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 127, between the matter following line 5 and line 
     6, insert the following:

[[Page S5621]]

     SEC. 621. TREATMENT OF CERTAIN SPECIAL PAYS AND ALLOWANCES 
                   FOR PURPOSES OF CERTAIN FEDERAL ASSISTANCE 
                   PROGRAMS.

       (a) Receipt Not To Affect Eligibility.--(1) Chapter 17 of 
     title 37, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 909. Treatment of certain special pays and allowances 
       for purposes of eligibility under certain Federal 
       assistance programs

       ``(a) Receipt Not To Affect Eligibility.--Receipt of 
     special pays specified in subsection (b) shall not be 
     considered in determining eligibility of members of the 
     uniformed services for benefits under the provisions of law 
     specified in subsection (c).
       ``(b) Covered Special Pays and Allowances.--The special 
     pays and allowances referred to in subsection (a) are as 
     follows:
       ``(1) The assignment incentive special pay under section 
     307a of this title
       ``(2) The special pay under section 310 of this title, 
     relating to duty subject to hostile fire or imminent danger.
       ``(3) The family separation allowance under section 427 of 
     this title.
       ``(c) Federal Assistance Programs.--The benefits referred 
     to in subsection (a) are as follows:
       ``(1) Benefits under the Food Stamp Act of 1977 (7 U.S.C. 
     2011 et seq.).
       ``(2) Free lunches under the school lunch program 
     established under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).
       ``(3) Assistance under the special supplemental nutrition 
     program for women, infants, and children established by 
     section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786).
       ``(4) Assistance under the child and adult care food 
     program established under section 17 of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1766).
       ``(5) Free breakfasts under the school breakfast program 
     established by section 4 of the Child Nutrition Act of 1966 
     (42 U.S.C. 1773).
       ``(6) Services under the Head Start Act (42 U.S.C. 9831 et 
     seq.).
       ``(7) Assistance under the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858 et seq.).
       ``(8) Assistance under the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
       ``(9) Assistance under section 521 of the Housing Act of 
     1949 (42 U.S.C. 1490a).
       ``(10) Assistance under title I of the United States 
     Housing Act of 1937 (42 U.S.C. 1437 et seq.), including 
     assistance under section 8 of such Act (42 U.S.C. 1437f).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``909. Treatment of certain special pays and allowances for purposes of 
              eligibility under certain Federal assistance programs.''.

       (b) Sense of Congress.--It is the sense of Congress that 
     pay and allowances other than basic pay under section 204 of 
     title 37, United States Code, and compensation under section 
     206 of such title should not be taken into account in 
     determinations of eligibility of members of the uniformed 
     services and their families for benefits under general 
     assistance programs administered by States.
       (c) Effective Date.--Section 909 of title 37, United States 
     Code (as added by subsection (a)), shall take effect on 
     October 1, 2004.
                                 ______
                                 
  SA 3174. Mr. KENNEDY (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 247, between lines 13 and 14, insert the following:

     SEC. 1022. REPORT ON THE STABILIZATION OF IRAQ.

       Not later than two weeks after the date of the enactment of 
     this Act, the President shall submit to the congressional 
     defense committees an unclassified report (with classified 
     annex, if necessary) on the strategy of the United States for 
     stabilizing Iraq. The report shall contain a detailed 
     explanation of the strategy together with the following 
     information:
       (1) A description of the efforts of the President to work 
     with the United Nations and the North Atlantic Treaty 
     Organization to provide relief for the nearly 150,000 members 
     of the Armed Forces of the United States who were serving in 
     Iraq as of May 2004, including efforts to ensure that--
       (A) more military forces of other countries are deployed to 
     Iraq;
       (B) more police forces of other countries are deployed to 
     Iraq; and
       (C) more financial resources of other countries are 
     provided for the stabilization and reconstruction of Iraq.
       (2) As a result of such efforts--
       (A) a list of the countries that have committed to 
     deploying military and police forces;
       (B) with respect to each such country, the schedule and 
     level of such deployments; and
       (C) an estimate of the number of members of the Armed 
     Forces that will be able to return to the United States as a 
     result of such deployments.
       (3) A description of the efforts of the President to 
     develop the police and military forces of Iraq to provide 
     relief for the nearly 150,000 members of the Armed Forces of 
     the United States who were serving in Iraq as of May 2004.
       (4) As a result of such efforts--
       (A) the number of members of the police and military forces 
     of Iraq that have been trained;
       (B) the number of members of the police and military forces 
     of Iraq that have been deployed; and
       (C) an estimate of the number of members of the Armed 
     Forces of the United States that will be able to return to 
     the United States as a result of such training and 
     deployment.
       (5) An estimate of--
       (A) the number of members of the Armed Forces that will be 
     required to serve in Iraq during each of the first five years 
     following the date of the enactment of this Act; and
       (B) the percentage of that force that will be composed of 
     members of the National Guard and Reserves.
                                 ______
                                 
  SA 3175. Mr. REID (for himself, Mr. Daschle, Ms. Collins, and Mr. 
Dayton) submitted an amendment intended to be proposed by him to the 
bill S. 2400, to authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle D of title VI, add the following:

     SEC. 642. CONCURRENT PAYMENT OF BOTH RETIRED PAY AND 
                   COMPENSATION TO MILITARY RETIREES WITH ANY 
                   SERVICE-CONNECTED DISABILITY.

       (a) Extension to Military Retirees With Service-Connected 
     Disabilities Rated Less Than 50 Percent.--Subsection (a)(2) 
     of section 1414 of title 10, United States Code, is amended 
     by striking ``not less than 50 percent disabling'' and 
     inserting ``zero percent or more disabling''.
       (b) Conforming and Clerical Amendments.--(1) The heading of 
     such section is amended to read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and veterans' disability 
       compensation''.

       (2) The table of sections at the beginning of chapter 71 of 
     such title is amended by striking the item relating to 
     section 1414 and inserting the following:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and veterans' disability compensation.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect as of January 1, 2005, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 643. COORDINATION OF ELIGIBILITY UNDER COMBAT-RELATED 
                   SPECIAL COMPENSATION AUTHORITY AND DISABLED 
                   MILITARY RETIREE COMPENSATION AUTHORITY FOR 
                   CHAPTER 61 DISABILITY RETIREES.

       (a) Coordination of Eligibility.--Paragraph (3) of 
     subsection (b) of section 1413a of title 10, United States 
     Code, is amended to read as follows:
       ``(3) Special rules for chapter 61 disability retirees.--
       ``(A) Career retirees.--In the case of an eligible combat-
     related disabled uniformed services retiree who is retired 
     under chapter 61 of this title with 20 or more years of 
     service otherwise creditable under section 1405 of this 
     title, or at least 20 years of service computed under section 
     12732 of this title, the amount of the payment under 
     paragraph (1) for any month shall be reduced by the amount 
     (if any) by which the amount of the member's retired pay 
     under chapter 61 of this title exceeds the amount of retired 
     pay to which the member would have been entitled based upon 
     the member's service in the uniformed services if the member 
     had not been retired under chapter 61 of this title.
       ``(B) Disability retirees with less than 20 years of 
     service.--Paragraph (1) does not apply to a member retired 
     under chapter 61 of this title with less than 20 years of 
     service otherwise creditable under section 1405 of this 
     title, or with less than 20 years of service computed under 
     section 12732 of this title, at the time of the member's 
     retirement.''.
       (b) Conforming Amendment.--Subsection (c) of section 1413a 
     is amended by striking ``is a member of the uniformed 
     services entitled to retired pay'' and all that follows and 
     inserting ``is a member of the uniformed services (other than 
     a member described by subsection (b)(3)(B)) entitled to 
     retired pay who has a combat-related disability.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as of January 1, 2005, and shall apply to 
     payments for months beginning on or after that date.

[[Page S5622]]



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