Congressional Record, Volume 150 Issue 87 (Tuesday, June 22, 2004)

[Congressional Record Volume 150, Number 87 (Tuesday, June 22, 2004)]
[Senate]
[Pages S7152-S7162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005--Resumed

Mr. WARNER. Mr. President, I realize colleagues are perplexed over
the lapse of time here, and I assure you, we are working very hard on
this bill. I am going to first thank the staffs on both sides, and
indeed our staff before us in the Parliamentary group, for working to
make it possible.
The PRESIDING OFFICER. The Senator from Virginia is recognized.

Amendments Nos. 3329, As Modified; 3433, As Modified; 3234, As
Modified; 3471; 3289, As Modified; 3179, As Modified; 3351, As
Modified; 3239, As Modified; 3264; 3157, As Modified; 3429; 3327, As
Modified; 3431, As Modified; 3337, As Modified; 3430; 3367; 3198, As
Modified; 3365, As Modified; 3293; 3399, As Modified; 3325, As
Modified; 3204, As Modified; 3441, As Modified; 3333, As Modified;
3319; 3339; 3371, As Modified; and 3438, As Modified, En Bloc

Mr. WARNER. I would like now to send a package of 26 cleared
amendments to the desk and ask for their consideration en bloc.
The PRESIDING OFFICER. Without objection, the amendments will be
considered en bloc.
Without objection, the amendments are agreed to en bloc.
The amendments were agreed to, as follows:

Amendment No. 3329, As Modified

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

SEC. 326. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR IMPROVED
PREVENTION OF LEISHMANIASIS.

(a) Increase in Amount for Defense Health Program.--The
amount authorized to be appropriated by section 303(a)(2) for
the Defense Health Program for research, development, test,
and evaluation is hereby increased by $500,000, with the
amount of the increase to be available for purposes relating
to Leishmaniasis Diagnostics Laboratory.
(b) Increase in Amount for RDT&E, Army for Leishmaniasis
Topical Treatment.--The amount authorized to be appropriated
by section 201(1) for research, development, test, and
evaluation, Army, as increased by subsection (b), is hereby
further increased by $4,500,000, with the amount of the
increase to be available in Program Element PE 0604807A for
purposes relating to Leishmaniasis Topical Treatment.
(c) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $5,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.

AMENDMENT NO. 3433, as modified

On page 311, in the table preceding line 1, insert after
the item relating to Hill Air Force Base, Utah, the following
new item:

------------------------------------------------------------------------

------------------------------------------------------------------------
Wyoming........................... F.E. Warren Air $5,500,000
Force Base.
------------------------------------------------------------------------

On page 311, in the table preceding line 1, strike the
amount identified as the total in the amount column and
insert ``$452,023,000''.

On page 314, line 3, insert ``(a) Authorization of
Appropriations.--'' before ``Funds''.

[[Page S7153]]

On page 314, line 7, strike ``$2,487,824,000'' and insert
``$2,493,324,000''.
On page 314, line 10, strike ``$446,523,000'' and insert
``$452,023,000''.
On page 315, between lines 3 and 4, insert the following:
(b) Offset for Certain Military Construction Project.--The
amount authorized to be appropriated by section 421 for
military personnel is hereby reduced by $5,500,000, with the
amount of the reduction to be derived from excess amounts
authorized for military personnel of the Air Force.

AMENDMENT NO. 3234, as modified

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

SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL GUARD.

(a) Amount for Program.--The amount authorized to be
appropriated by section 301(1) for operation and maintenance
for the Army is hereby increased by $10,000,000 for the
Family Readiness Program of the National Guard.
(b) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $10,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.

AMENDMENT NO. 3471

(Purpose: To increase the amount for RDT&E, Defense-Wide, to provide
for joint threat warning system maritime variants, and to provide an
offset)

On page 30, between lines 14 and 15, insert the following:

SEC. 216. SPIRAL DEVELOPMENT OF JOINT THREAT WARNING SYSTEM
MARITIME VARIANTS.

(a) Amount for Program.--The amount authorized to be
appropriated by section 201(4) is hereby increased by
$2,000,000, with the amount of the increase to be available
in the program element PE 1160405BB for joint threat warning
system maritime variants.
(b) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $2,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.

AMENDMENT NO. 3289, as modified

On page 39, between lines 7 and 8, insert the following:

SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUNSELING AND
REFERRAL HOTLINE.

(a) Authorization of Appropriation of Additional Amount.--
The amount authorized to be appropriated under section 301(5)
is hereby increased by $5,000,000, which shall be available
(in addition to other amounts available under this Act for
the same purpose) only for the Department of Defense One
Source counseling and referral hotline.
(b) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $5,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.

AMENDMENT NO. 3179, as modified

On page 30, between lines 14 and 15, insert the following:

SEC. 217. ADVANCED FERRITE ANTENNA.

(a) Amount for Development and Testing.--Of the amount
authorized to be appropriated under section 201(2),
$3,000,000 may be available for development and testing of
the Advanced Ferrite Antenna.
(b) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $3,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.

Amendment No. 3351, As Modified

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

SEC. 217. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPERATING
SUBMARINES.

(a) Increase in Amount for Research, Development, Test, and
Evaluation, Navy.--The amount authorized to be appropriated
by section 201(2) for research, development, test, and
evaluation for the Navy is hereby increased by $5,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $5,000,000 may be available for Program Element PE
0604503N for the design, development, and testing of a
prototype littoral array system for operating submarines.
(c) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $5,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.

Amendment No. 3239, As Modified

On page 19, between lines 19 and 20, insert the following:

SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD ARTILLERY
AMMUNITION SUPPORT VEHICLES.

(a) Increased Amount for Procurement of Weapons and Tracked
Combat Vehicles.--The amount authorized to be appropriated
under section 101(3) is hereby increased by $5,000,000.
(b) Amount for Command-and-Control Vehicles or Field
Artillery Ammunition Support Vehicles.--Of the amount
authorized to be appropriated under section 101(3),
$5,000,000 may be used for the procurement of command-and-
control vehicles or field artillery ammunition support
vehicles.
(c) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $5,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.

Amendment No. 3264

(Purpose: To recognize the sacrifices of the members of the Armed
Forces who are injured in combat)

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

SEC. 364. TRACKING AND CARE OF MEMBERS OF THE ARMED FORCES
WHO ARE INJURED IN COMBAT.

(a) Findings.--The Senate makes the following findings:
(1) Members of the Armed Forces of the United States place
themselves in harm's way in the defense of democratic values
and to keep the United States safe.
(2) This call to duty has resulted in the ultimate
SACRIFICE of members of the Armed Forces of the United States
who are killed or critically injured while serving the United
States.
(b) Sense of Senate.--It is the sense of the Senate--
(1) to honor the SACRIFICE of the members of the Armed
Forces who have been killed or critically wounded while
serving the United States;
(2) to recognize the heroic efforts of the medical
personnel of the Armed Forces in treating wounded military
personnel and civilians; and
(3) to support advanced medical technologies that assist
the medical personnel of the Armed Forces in saving lives and
reducing disability rates for members of the Armed Forces.
(c) Procedures for Tracking of Wounded From Combat Zones.--
(1) Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall prescribe in
regulations procedures for the Department of Defense to--
(A) notify the family of each member of the Armed Forces
who is injured in a combat zone regarding such injury; and
(B) provide the family of each such member of the Armed
Forces with information on any change of status, including
health or location, of such member during the transportation
of such member to a treatment destination.
(2) The Secretary shall transmit to Congress a copy of the
procedures prescribed under paragraph (1).
(d) Medical Equipment and Combat Casualty Technologies.--Of
the amount authorized to be appropriated by section 201(4)
for research, development, test, and evaluation, Defense-wide
activities, $10,000,000 of the amount in Program Element PE
0603826D8Z shall be available for medical equipment and
combat casualty care technologies.

Amendment No. 3157, As Modified

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 may be available for Radiation Casualty Research
(PE 0603002D8Z).
(c) Offset.--The amount authorized to be appropriated by
section 421 is hereby reduced by $5,000,000, with the amount
of the reduction to be derived from excess amounts provided
for military personnel of the Air Force.

amendment no. 3429

(Purpose: To provide exceptions to the bilateral agreement requirement
for transfers of defense items to the United Kingdom and Australia)

On page 272, between the matter following line 18 and line
19, insert the following:

SEC. 1055. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR
TRANSFERS OF DEFENSE ITEMS.

(a) Findings.--Congress makes the following findings:
(1) Close defense cooperation between the United States and
each of the United Kingdom and Australia requires
interoperability among the armed forces of those countries.
(2) The need for interoperability must be balanced with the
need for appropriate and effective regulation of trade in
defense items.
(3) The Arms Export Control Act (22 U.S.C. 2751 et seq.)
authorizes the executive branch to administer arms export
policies enacted by Congress in the exercise of its
constitutional power to regulate commerce with foreign
nations.
(4) The executive branch has exercised its authority under
the Arms Export Control Act, in part, through the
International Traffic in Arms Regulations.
(5) Agreements to gain exemption from the International
Traffic in Arms Regulations must be submitted to Congress for
review.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on International Relations and the
Committee on Armed Services of the House of Representatives.

[[Page S7154]]

(2) Defense items.--The term ``defense items'' has the
meaning given the term in section 38 of the Arms Export
Control Act (22 U.S.C. 2778).
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means the
regulations maintained under parts 120 through 130 of title
22, Code of Federal Regulations, and any successor
regulations.
(c) Exceptions From Bilateral Agreement Requirements.--
(1) In general.--Subsection (j) of section 38 of the Arms
Export Control Act (22 U.S.C. 2778) is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exceptions from bilateral agreement requirements.--
``(A) Australia.--Subject to section 1055 of the National
Defense Authorization Act for Fiscal Year 2005, the
requirements for a bilateral agreement described in paragraph
(2)(A) shall not apply to a bilateral agreement between the
United States Government and the Government of Australia with
respect to transfers or changes in end use of defense items
within Australia that will remain subject to the licensing
requirements of this Act after such agreement enters into
force.
``(B) United kingdom.--Subject to section 1055 of the
National Defense Authorization Act for Fiscal Year 2005, the
requirements for a bilateral agreement described in
paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not
apply to a bilateral agreement between the United States
Government and the Government of the United Kingdom for an
exemption from the licensing requirements of this Act.''.
(2) Conforming amendment.--Paragraph (2) of such subsection
is amended in the matter preceding subparagraph (A) by
striking ``A bilateral agreement'' and inserting ``Except as
provided in paragraph (4), a bilateral agreement''.
(d) Certifications.--Not later than 30 days before
authorizing an exemption from the licensing requirements of
the International Traffic in Arms Regulations in accordance
with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export
Control Act (22 U.S.C. 2778(j)), as amended by subsection
(c), the President shall certify to the appropriate
congressional committees that such agreement--
(1) is in the national interest of the United States and
will not in any way affect the goals and policy of the United
States under section 1 of the Arms Export Control Act (22
U.S.C. 2751);
(2) does not adversely affect the efficacy of the
International Traffic in Arms Regulations to provide
consistent and adequate controls for licensed exports of
United States defense items; and
(3) will not adversely affect the duties or requirements of
the Secretary of State under the Arms Export Control Act.
(e) Notification of Bilateral Licensing Exemptions.--Not
later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms
Regulations in accordance with any bilateral agreement
entered into with the United Kingdom or Australia under
section 38(j) of the Arms Export Control Act (22 U.S.C.
2778(j)), as amended by subsection (c), the President shall
submit to the appropriate congressional committees the text
of the regulations that authorize such a licensing exemption.
(f) Report on Consultation Issues.--Not later than one year
after the date of the enactment of this Act and annually
thereafter for each of the following 5 years, the President
shall submit to the appropriate congressional committees a
report on issues raised during the previous year in
consultations conducted under the terms of any bilateral
agreement entered into with Australia under section 38(j) of
the Arms Export Control Act, or under the terms of any
bilateral agreement entered into with the United Kingdom
under such section, for exemption from the licensing
requirements of the Arms Export Control Act (22 U.S.C. 2751
et seq.). Each report shall contain--
(1) information on any notifications or consultations
between the United States and the United Kingdom under the
terms of any agreement with the United Kingdom, or between
the United States and Australia under the terms of any
agreement with Australia, concerning the modification,
deletion, or addition of defense items on the United States
Munitions List, the United Kingdom Military List, or the
Australian Defense and Strategic Goods List;
(2) a list of all United Kingdom or Australia persons and
entities that have been designated as qualified persons
eligible to receive United States origin defense items exempt
from the licensing requirements of the Arms Export Control
Act under the terms of such agreements, and listing any
modification, deletion, or addition to such lists, pursuant
to the requirements of any agreement with the United Kingdom
or any agreement with Australia;
(3) information on consultations or steps taken pursuant to
any agreement with the United Kingdom or any agreement with
Australia concerning cooperation and consultation with
either government on the effectiveness of the defense
trade control systems of such government;
(4) information on provisions and procedures undertaken
pursuant to--
(A) any agreement with the United Kingdom with respect to
the handling of United States origin defense items exempt
from the licensing requirements of the Arms Export Control
Act by persons and entities qualified to receive such items
in the United Kingdom; and
(B) any agreement with Australia with respect to the
handling of United States origin defense items exempt from
the licensing requirements of the Arms Export Control Act by
persons and entities qualified to receive such items in
Australia;
(5) information on any new understandings, including the
text of such understandings, between the United States and
the United Kingdom concerning retransfer of United States
origin defense items made pursuant to any agreement with the
United Kingdom to gain exemption from the licensing
requirements of the Arms Export Control Act;
(6) information on consultations with the Government of the
United Kingdom or the Government of Australia concerning the
legal enforcement of any such agreements;
(7) information on United States origin defense items with
respect to which the United States has provided an exception
under the Memorandum of Understanding between the United
States and the United Kingdom and any agreement between the
United States and Australia from the requirement for United
States Government re-export consent that was not provided for
under United States laws and regulations in effect on the
date of the enactment of this Act; and
(8) information on any significant concerns that have
arisen between the Government of Australia or the Government
of the United Kingdom and the United States Government
concerning any aspect of any bilateral agreement between such
country and the United States to gain exemption from the
licensing requirements of the Arms Export Control Act.
(g) Special Notifications.--
(1) Required notifications.--The Secretary of State shall
notify the appropriate congressional committees not later
than 90 days after receiving any credible information
regarding an unauthorized end-use or diversion of United
States exports of goods or services made pursuant to any
agreement with a country to gain exemption from the licensing
requirements of the Arms Export Control Act. The notification
shall be made in a manner that is consistent with any ongoing
efforts to investigate and commence civil actions or criminal
investigations or prosecutions regarding such matters and may
be made in classified or unclassified form.
(2) Content.--The notification regarding an unauthorized
end-use or diversion of goods or services under paragraph (1)
shall include--
(A) a description of the goods or services;
(B) the United States origin of the good or service;
(C) the authorized recipient of the good or service;
(D) a detailed description of the unauthorized end-use or
diversion, including any knowledge by the United States
exporter of such unauthorized end-use or diversion;
(E) any enforcement action taken by the Government of the
United States; and
(F) any enforcement action taken by the government of the
recipient nation.

AMENDMENT NO. 3327, as modified

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

SEC. 1022. REPORT ON ESTABLISHING NATIONAL CENTERS OF
EXCELLENCE FOR UNMANNED AERIAL AND GROUND
VEHICLES.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the need for one or more national centers of excellence
for unmanned aerial and ground vehicles.
(b) Goal of Centers.--The goal of the centers covered by
the report is to promote interservice cooperation and
coordination in the following areas:
(1) Development of joint doctrine for the organization,
training, and use of unmanned aerial and ground vehicles.
(2) Joint research, development, test, and evaluation, and
joint procurement of unmanned aerial and ground vehicles.
(3) Identification and coordination, in conjunction with
the private sector and academia, of the future development of
unmanned aerial and ground vehicles.
(4) Monitoring of the development and utilization of
unmanned aerial and ground vehicles in other nations for both
military and non-military purposes.
(5) The providing of joint training and professional
development opportunities in the use and operation of
unmanned aerial and ground vehicles to military personnel of
all ranks and levels of responsibility.
(c) Report Requirements.--The report shall include, at a
minimum, the following:
(1) A list of facilities where the Defense Department
currently conducts or plans to conduct research, development,
and testing activities on unmanned aerial and ground
vehicles.
(2) A list of facilities where the Department of Defense
currently deploys or has committed to deploying unmanned
aerial or ground vehicles.

[[Page S7155]]

(3) The extent to which existing facilities described in
paragraphs (1) and (2) have sufficient unused capacity and
expertise to research, develop, test, and deploy the current
and next generations of unmanned aerial and ground vehicles
and to provide for the development of doctrine on the use and
training of operators of such vehicles.
(4) The extent to which efficiencies on research,
development, testing, and deployment of existing or future
unmanned aerial and ground vehicles can be achieved through
consolidation at one or more national centers of excellence
for unmanned aerial and ground vehicles.
(5) A list of potential locations for national centers of
excellence.
(d) Considerations.--In determining the potential locations
for the national centers of excellence under this section,
the Secretary of Defense shall take into consideration
existing Air Force facilities that have--
(1) a workforce of skilled personnel;
(2) existing capacity of runways and other facilities to
accommodate the research, testing, and deployment of current
and future unmanned aerial vehicles; and
(3) minimal restrictions on the research, development, and
testing of unmanned aerial vehicles resulting from proximity
to large population centers or airspace heavily utilized by
commercial flights.

AMENDMENT NO. 3431, as modified

On page 243, after the matter following line 18, insert the
following:

SEC. 1014. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES.

(a) Authority To Transfer by Grant.--The Secretary of the
Navy is authorized to transfer vessels to foreign countries
on a grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Chile.--To the Government of Chile, the SPRUANCE class
destroyer O'BANNON (DD 987).
(2) Portugal.--To the Government of Portugal, the OLIVER
HAZARD PERRY class guided missile frigate GEORGE PHILIP (FFG
12) and the OLIVER HAZARD PERRY class guided missile frigate
USS SIDES (FFG 14).
(b) Authority To Transfer by Sale.--The Secretary of the
Navy is authorized to transfer vessels to foreign countries
on a sale basis under section 21 of the Arms Export Control
Act (22 U.S.C. 2761) as follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the
Taiwan instrumentality designated pursuant to section 10(a)
of the Taiwan Relations Act), the ANCHORAGE class dock
landing ship ANCHORAGE (LSD 36).
(2) Chile.--To the Government of Chile, the SPRUANCE class
destroyer FLETCHER (DD 992).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
authority provided by subsection (a) shall not be counted for
the purposes of subsection (g) of that section in the
aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient (notwithstanding
section 516(e)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)(1)).
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the country to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United
States, including a United States Navy shipyard.
(f) Expiration of Authority.-- The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this
Act.

AMENDMENT NO. 3337, as modified

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

SEC. 1022. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF
OPERATION IRAQI FREEDOM.

(a) Report Required.--(1) Not later than March 31, 2005,
the Secretary of Defense shall submit to the congressional
defense committees a report on the conduct of military
operations during the post-major combat operations phase of
Operation Iraqi Freedom.
(2) The report shall be prepared in consultation with the
Chairman of the Joint Chiefs of Staff, the Commander of the
United States Central Command, and such other officials as
the Secretary considers appropriate.
(b) Content.--(1) The report shall include a discussion of
the matters described in paragraph (2), with a particular
emphasis on accomplishments and shortcomings and on near-term
and long-term corrective actions to address such
shortcomings.
(2) The matters to be discussed in the report are as
follows:
(A) The military and political objectives of the
international coalition conducting the post-major combat
operations phase of Operation Iraqi Freedom, and the military
strategy selected to achieve such objectives, together with
an assessment of the execution of the military strategy.
(B) The mobilization process for the reserve components of
the Armed Forces, including the timeliness of notification,
training and certification, and subsequent demobilization.
(C) The use and performance of major items of United States
military equipment, weapon systems, and munitions (including
non-lethal weapons and munitions, items classified under
special access procedures, and items drawn from prepositioned
stocks) and any expected effects of the experience with the
use and performance of such items on the doctrinal and
tactical employment of such items and on plans for continuing
the acquisition of such items.
(D) Any additional requirements for military equipment,
weapon systems, munitions, force structure, or other
capability identified during the post-major combat operations
phase of Operation Iraqi Freedom, including changes in type
or quantity for future operations.
(E) The effectiveness of joint air operations, together
with an assessment of the effectiveness of--
(i) the employment of close air support; and
(ii) attack helicopter operations.
(F) The use of special operations forces, including
operational and intelligence uses.
(G) The scope of logistics support, including support to
and from other nations and from international organizations
and organizations and individuals from the private sector in
Iraq.
(H) The incidents of accidental fratricide, including a
discussion of the effectiveness of the tracking of friendly
forces and the use of the combat identification systems in
mitigating friendly fire incidents.
(I) The adequacy of spectrum and bandwidth to transmit
information to operational forces and assets, including
unmanned aerial vehicles, ground vehicles, and individual
soldiers.
(J) The effectiveness of strategic, operational, and
tactical information operations, including psychological
operations and assets, organization, and doctrine related to
civil affairs, in achieving established objectives, together
with a description of technological and other restrictions on
the use of information operations capabilities.
(K) The readiness of the reserve component forces used in
the post-major combat operations phase of Operation Iraqi
Freedom, including an assessment of the success of the
reserve component forces in accomplishing their missions.
(L) The adequacy of intelligence support during the post-
major combat operations phase of Operation Iraqi Freedom,
including the adequacy of such support in searches for
weapons of mass destruction.
(M) The rapid insertion and integration, if any, of
developmental but mission-essential equipment, organizations,
or procedures during the post-major combat operations phase
of Operation Iraqi Freedom.
(N) A description of the coordination, communication, and
unity of effort between the Armed Forces, the Coalition
Provisional Authority, other United States government
agencies and organizations, nongovernmental organizations,
and political, security, and nongovernmental organizations of
Iraq, including an assessment of the effectiveness of such
efforts.
(O) The adequacy of training for military units once
deployed to the United States Central Command, including
training for changes in unit mission and continuation
training for high-intensity conflict missions.
(P) An estimate of the funding required to return or
replace equipment used to date in Operation Iraqi Freedom,
including equipment in prepositioned stocks, to mission-ready
condition.
(Q) A description of military civil affairs and
reconstruction efforts, including through the Commanders
Emergency Response Program, and an assessment of the
effectiveness of such efforts and programs.
(R) The adequacy of the requirements determination and
acquisition processes, acquisition, and distribution of force
protection equipment, including personal gear, vehicles,
helicopters, and defense devices.
(S) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological
changes, and the probable effects that an implementation of
those changes would have on current visions, goals, and plans
for transformation of the Armed Forces or the Department of
Defense.
(T) The planning for and implementation of morale, welfare,
and recreation programs for deployed forces and support to
dependents, including rest and recuperation programs and
personal communication benefits such as telephone, mail, and
email services, including an assessment of the effectiveness
of such programs.
(U) An analysis of force rotation plans, including
individual personnel and unit rotations, differing deployment
lengths, and in-theater equipment repair and leave behinds.
(c) Form of Report.--The report shall be submitted in
unclassified form, but may include a classified annex.
(d) Post-Major Combat Operations Phase of Operation Iraqi
Freedom Defined.--In this section, the term ``post-major
combat operations phase of Operation Iraqi Freedom'' means
the period of Operation Iraqi Freedom beginning on May 2,
2003, and ending on December 31, 2004.

[[Page S7156]]

AMENDMENT NO. 3430

(Purpose: To improve authorities under the alternative authority for
acquisition and improvement of military housing)

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

SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.

(a) Requirements for Contracts for Leasing of Housing.--
Section 2874 of title 10, United States Code, is amended by
striking subsection (b) and inserting the following new
subsection (b):
``(b) Contract Terms.--Any contract for the lease of
housing units under subsection (a) shall include the
following provisions:
``(1) That the obligation of the United States to make
payments under such contract in any fiscal year shall be
subject to appropriations being available for such fiscal
year and specifically for the project covered by such
contract.
``(2) A commitment to obligate the necessary amount for a
fiscal year covered by such contract when and to the extent
that funds are appropriated for the project covered by such
contract.
``(3) That the commitment described in paragraph (2) does
not constitute an obligation of the United States.''.
(b) Investments Subject to Availability of
Appropriations.--Section 2875(a) of such title is amended by
inserting ``, subject to the availability of appropriations
for such purpose,'' after ``may''.
(c) Repeal of Certain Authorities.--
(1) Rental guarantees.--Section 2876 of such title is
repealed.
(2) Differential lease payments.--Section 2877 of such
title is repealed.
(3) Assignment of members of the armed forces to housing
units.--Section 2882 of such title is repealed.
(d) Increase in Amount of Budget Authority for Military
Family Housing.--Section 2883(g)(1) of such title is amended
by striking ``$850,000,000'' and inserting ``$850,000,001''.
(e) Clerical Amendments.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the items relating to sections 2876,
2877, and 2882.

AMENDMENT NO. 3367

(Purpose: To amend title 10, United States Code, to exempt abortions of
pregnancies in cases of rape and incest from a limitation on use of
Department of Defense funds)

On page 147, after line 21, add the following:

SEC. __. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN
CASES OF RAPE AND INCEST.

Section 1093(a) of title 10, United States Code, is amended
by inserting before the period at the end the following: ``
or in a case in which the pregnancy is the result of an act
of rape or incest''.

AMENDMENT NO. 3198, as modified

On page 269, line 20, strike ``$150,000,000'' and insert
``$250,000,000''.

AMENDMENT NO. 3365, as modified

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

SEC. 1068. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.

(a) Program Authorized.--The Director of the National
Security Agency may carry out a pilot program on cryptologic
service training for the intelligence community.
(b) Objective of Program.--The objective of the pilot
program is to increase the number of qualified entry-level
language analysts and intelligence analysts available to the
National Security Agency and the other elements of the
intelligence community through the directed preparation and
recruitment of qualified entry-level language analysts and
intelligence analysts who commit to a period of service or a
career in the intelligence community.
(c) Program Scope.--The pilot program shall be national in
scope.
(d) Program Participants.--(1) Subject to the provisions of
this subsection, the Director shall select the participants
in the pilot program from among individuals qualified to
participate in the pilot program utilizing such procedures as
the Director considers appropriate for purposes of the pilot
program.
(2) Each individual who receives financial assistance under
the pilot program shall perform one year of obligated service
with the National Security Agency, or another element of the
intelligence community approved by the Director, for each
academic year for which such individual receives such
financial assistance upon such individual's completion of
post-secondary education.
(3) Each individual selected to participate in the pilot
program shall be qualified for a security clearance
appropriate for the individual under the pilot program.
(4) The total number of participants in the pilot program
at any one time may not exceed 400 individuals.
(e) Program Management.--In carrying out the pilot program,
the Director shall--
(1) identify individuals interested in working in the
intelligence community, and committed to taking college-level
courses that will better prepare them for a career in the
intelligence community as a language analysts or intelligence
analyst;
(2) provide each individual selected for participation in
the pilot program--
(A) financial assistance for the pursuit of courses at
institutions of higher education selected by the Director in
fields of study that will qualify such individual for
employment by an element of the intelligence community as a
language analyst or intelligence analyst; and
(B) educational counseling on the selection of courses to
be so pursued; and
(3) provide each individual so selected information on the
opportunities available for employment in the intelligence
community.
(f) Duration of Program.--(1) The Director shall terminate
the pilot program not later than six years after the date of
the enactment of this Act.
(2) The termination of the pilot program under paragraph
(1) shall not prevent the Director from continuing to provide
assistance, counseling, and information under subsection (e)
to individuals who are participating in the pilot program on
the date of termination of the pilot program throughout the
academic year in progress as of that date.

AMENDMENT NO. 3293

(Purpose: To require a GAO analysis of the potential for using
transitional benefit corporations in connection with competitive
sourcing of the performance of activities and functions of the
Department of Defense)

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

SEC. 1022. COMPTROLLER GENERAL ANALYSIS OF USE OF
TRANSITIONAL BENEFIT CORPORATIONS IN CONNECTION
WITH COMPETITIVE SOURCING OF PERFORMANCE OF
DEPARTMENT OF DEFENSE ACTIVITIES AND FUNCTIONS.

(a) Requirement for Analysis.--Not later than February 1,
2005, the Comptroller General shall submit to Congress an
analysis of the potential for use of transitional benefit
corporations in connection with competitive sourcing of the
performance of activities and functions of the Department of
Defense.
(b) Specific Issues.--The analysis under this section
shall--
(1) address the capabilities of transitional benefit
corporations--
(A) to preserve human capital and surge capability;
(B) to promote economic development and job creation;
(C) to generate cost savings; and
(D) to generate efficiencies that are comparable to or
exceed the efficiencies that result from competitive sourcing
carried out by the Department of Defense under the procedures
applicable to competitive sourcing by the Department of
Defense; and
(2) identify areas within the Department of Defense in
which transitional benefit corporations could be used to add
value, reduce costs, and provide opportunities for beneficial
use of employees and other resources that are displaced by
competitive sourcing of the performance of activities and
functions of the Department of Defense.
(d) Transitional Benefit Corporation Defined.--In this
section, the term ``transitional benefit corporation'' means
a corporation that facilitates the transfer of designated
(usually underutilized) real estate, equipment, intellectual
property, or other assets of the United States to the private
sector in a process that enables employees of the United
States in positions associated with the use of such assets to
retain eligibility for Federal employee benefits and to
continue to accrue those benefits.

AMENDMENT NO. 3399, as modified

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

SEC. 1022. COMPTROLLER GENERAL STUDY OF PROGRAMS OF
TRANSITION ASSISTANCE FOR PERSONNEL SEPARATING
FROM THE ARMED FORCES.

(a) Requirement for Study.--The Comptroller General shall
carry out a study of the programs of the Department of
Defense and other departments and agencies of the Federal
Government under which transition assistance is provided to
personnel who are separating from active duty service in the
Armed Forces.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit a
report on the results of the study to the Committees on Armed
Services of the Senate and the House of Representatives. The
report shall include the following matters:
(1) Regarding the transition assistance programs under
section 1142 and 1144 of title 10, United States Code--
(A) an analysis of the extent to which such programs are
meeting the current needs of members of the Armed Forces as
such personnel are discharged or released from active duty,
including--
(i) a discussion of the original purposes of the programs;
(ii) a discussion of how the programs are currently being
administered in relationship to those purposes; and
(iii) an assessment of whether the programs are adequate to
meet the current needs of members of the reserve components,
including the National Guard; and
(B) any recommendations that the Comptroller General
considers appropriate for improving such programs, including
any recommendation regarding whether participation by members
of the Armed Forces in such programs should be required.
(2) An analysis of the differences, if any, among the Armed
Forces and among the

[[Page S7157]]

commands of military installations of the Armed Forces
regarding how transition assistance is being provided under
the transition assistance programs, together with any
recommendations that the Comptroller General considers
appropriate--
(A) to achieve uniformity in the provision of assistance
under such programs; and
(B) to ensure that the transition assistance is provided
under such programs to members of the Armed Forces who are
being separated at medical facilities of the uniformed
services or Department of Veterans Affairs medical centers
and to Armed Forces personnel on a temporary disability
retired list under section 1202 or 1205 of title 10, United
States Code.
(3) An analysis of the relationship of Department of
Defense transition assistance programs to the transition
assistance programs of the Department of Veterans Affairs and
the Department of Labor, including the relationship of the
benefits delivery at discharge program carried out jointly by
the Department of Defense and the Department of Veterans
Affairs to the other transition assistance programs.
(4) The rates of participation of Armed Forces personnel in
the transition assistance programs, together with any
recommendations that the Comptroller General considers
appropriate to increase such participation rates, including
any revisions of such programs that could result in increased
participation.
(5) An assessment of whether the transition assistance
information provided to Armed Forces personnel omits
transition information that would be beneficial to such
personnel, including an assessment of the extent to which
information is provided under the transition assistance
programs regarding participation in Federal Government
procurement opportunities available at prime contract and
subcontract levels to veterans with service-connected
disabilities and other veterans, together with any
recommendations that the Comptroller General considers
appropriate regarding additional information that should be
provided and any other recommendations that the Comptroller
General considers appropriate for enhancing the provision of
counseling on such procurement opportunities.
(6) An assessment of the extent to which representatives of
military service organizations and veterans' service
organizations are afforded opportunities to participate, and
do participate, in preseparation briefings under transition
assistance programs, together with any recommendations that
the Comptroller General considers appropriate regarding how
representatives of such organizations could better be used to
disseminate transition assistance information and provide
preseparation counseling to Armed Forces personnel, including
personnel of the reserve components who are being released
from active duty for continuation of service in the reserve
components.
(7) An analysis of the use of post-deployment and
predischarge health screenings, together with any
recommendations that the Comptroller General considers
appropriate regarding whether and how to integrate the health
screening process and the transition assistance programs into
a single, coordinated preseparation program for Armed Forces
personnel being discharged or released from active duty.
(8) An analysis of the processes of the Armed Forces for
conducting physical examinations of members of the Armed
Forces in connection with discharge and release from active
duty, including--
(A) how post-deployment questionnaires are used;
(B) the extent to which Armed Forces personnel waive the
physical examinations; and
(C) how, and the extent to which, Armed Forces personnel
are referred for followup health care.
(9) A discussion of the current process by which mental
health screenings are conducted, followup mental health care
is provided for, and services are provided in cases of post-
traumatic stress disorder and related conditions for members
of the Armed Forces in connection with discharge and release
from active duty, together with--
(A) for each of the Armed Forces, the programs that are in
place to identify and treat cases of post-traumatic stress
disorder and related conditions; and
(B) for persons returning from deployments in connection
with Operation Enduring Freedom and Operation Iraqi Freedom--
(i) the number of persons treated as a result of such
screenings; and
(ii) the types of interventions.
(c) Acquisition of Supporting Information.--In carrying out
the study under this section, the Comptroller General shall
seek to obtain views from the following persons:
(1) The Secretary of Defense and the Secretaries of the
military departments.
(2) The Secretary of Veterans Affairs.
(3) The Secretary of Labor.
(4) Armed Forces personnel who have received transition
assistance under the programs covered by the study and Armed
Forces personnel who have declined to accept transition
assistance offered under such programs.
(5) Representatives of military service organizations and
representatives of veterans' service organizations.
(6) Persons having expertise in health care (including
mental health care) provided under the Defense Health
Program, including Department of Defense personnel,
Department of Veterans Affairs personnel, and persons in the
private sector.

SEC. 1023. STUDY ON COORDINATION OF JOB TRAINING AND
CERTIFICATION STANDARDS.

(a) Requirement for Study.--The Secretary of Defense and
the Secretary of Labor shall jointly carry out a study to
determine ways to coordinate the standards applied by the
Armed Forces for the training and certification of members of
the Armed Forces in military occupational specialties with
the standards that are applied to corresponding civilian
occupations by occupational licensing or certification
agencies of governments and occupational certification
agencies in the private sector.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Labor shall submit a
joint report on the results of the study under subsection (a)
to Congress.

SEC. 1024. CONTENT OF PRESEPARATION COUNSELING FOR PERSONNEL
SEPARATING FROM ACTIVE DUTY SERVICE.

Section 1142 of title 10, United States Code, is amended--
(1) by adding at the end of subsection (b) the following
new paragraph:
``(11) Information on participation in Federal Government
procurement opportunities that are available at the prime
contract level and at subcontract levels to veterans with
service-connected disabilities and other veterans.''; and
(2) by adding at the end the following new subsection:
``(d) Requirements Relating to Counseling on Procurement
Opportunities.--(1) For the counseling under subsection
(b)(11), the Secretary concerned may provide for
participation of representatives of the Secretary of Veterans
Affairs, representatives of the Administrator of the Small
Business Administration, representatives of other appropriate
executive agencies, and representatives of Veterans' Business
Outreach Centers and Small Business Development Centers.
``(2) The Secretary concerned may provide for the
counseling under paragraph (11) of subsection (b) to be
offered at medical centers of the Department of Veterans
Affairs as well as the medical care facilities of the
uniformed services and other facilities at which the
counseling on the other matters required under such
subsection is offered. The access of representatives
described in paragraph (1) to a member of the armed forces to
provide such counseling shall be subject to the consent of
that member.''.

AMENDMENT NO. 3325, as modified

Strike section 867, and insert the following:

SEC. 867. CONTRACTING WITH EMPLOYERS OF PERSONS WITH
DISABILITIES.

(a) Inapplicability of Randolph-Sheppard Act.--The
Randolph-Sheppard Act does not apply to any contract
described in subsection (b) for so long as the contract is in
effect, including for any period for which the contract is
extended pursuant to an option provided in the contract.
(b) Javits-Wagner-O'Day Contracts.--Subsection (a) applies
to any contract for the operation of a military mess hall,
military troop dining facility, or any similar dining
facility operated for the purpose of providing meals to
members of the Armed Forces that--
(1) was entered into before the date of the enactment of
this Act with a nonprofit agency for the blind or an agency
for other severely handicapped in compliance with section 3
of the Javits-Wagner-O'Day Act (41 U.S.C. 48); and
(2) either--
(A) is in effect on such date; or
(B) was in effect on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136).
(c) Repeal of Superseded Law.--Section 852 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1556) is repealed.

AMENDMENT NO. 3204, as modified

On page 372, after line 17, insert the following:

SEC. 2844. COMPTROLLER GENERAL REPORT ON CLOSURE OF
DEPARTMENT OF DEFENSE DEPENDENT ELEMENTARY AND
SECONDARY SCHOOLS AND COMMISSARY STORES.

(a) Comptroller General Report.--Not later than 180 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
committees of Congress a report that includes the following:
(1) With respect to Department of Defense dependent
elementary and secondary schools--
(A) an assessment by the Comptroller General of the policy
of the Department of Defense, and the criteria utilized by
the Department, regarding the closure of schools, including
whether or not such policy and criteria are consistent with
Department policies and procedures on the preservation of the
quality of life of members of the Armed Forces; and
(B) an assessment by the Comptroller General of any current
or on-going studies or assessments of the Department with
respect to any of the schools.
(2) With respect to commissary stores--
(A) an assessment by the Comptroller General of the policy
of the Department of Defense, and the criteria utilized by
the Department, regarding the closure of commissary stores,
including whether or not

[[Page S7158]]

such policy and criteria are consistent with Department
policies and procedures on the preservation of the quality of
life of members of the Armed Forces; and
(B) an assessment by the Comptroller General of any current
or on-going studies or assessments of the Department with
respect to any of the commissary stores.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services of the Senate; and
(2) the Committee on Armed Services of the House of
Representatives.

AMENDMENT NO. 3441, as modified

On page 195, between lines 10 and 11, insert the following:

SEC. 868. ACQUISITION OF AERIAL REFUELING AIRCRAFT FOR THE
AIR FORCE.

(a) Compliance With Applicable Requirements.--The Secretary
of Defense shall ensure that the Secretary of the Air Force
does not proceed with the acquisition of aerial refueling
aircraft for the Air Force by lease or other contract, either
with full and open competition or under section 135 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1413) until the date that is
60 days after the date on which the Secretary Defense has--
(1) reviewed all documentation for the acquisition,
including--
(A) the completed aerial refueling analysis of alternatives
(AOA) required by section 134(b) of the National Defense
Authorization Act for Fiscal Year 2004, pursuant to
``Analysis of Alternatives (AoA) Guidance of KC-135
Recapitalization'', dated February 24, 2004;
(B) the completed aerial refueling portion of the Mobility
Capabilities Study;
(C) a new validated capabilities document in accordance
with the applicable Chairman of Joint Chiefs of Staff
Instruction; and
(D) the approval of a Defense Acquisition Board in
accordance with Department of Defense regulations; and
(2) submitted to the congressional defense committees a
determination in writing that the acquisition is in
compliance with all currently applicable laws, Office of
Management and Budget circulars, and regulations.
(b) Independent Review.--Not later than 45 days after the
Secretary of Defense makes the determination described in
paragraph (2) of subsection (a), the Comptroller General and
the Inspector General of the Department of Defense shall each
review the documentation referred to in paragraph (1) of such
subsection and submit to the congressional defense committees
a report on the extent to which the acquisition is--
(1) in compliance with the requirements of this section and
all currently applicable laws, Office of Management and
Budget circulars, and regulations; and
(2) consistent with the analysis of alternatives referred
to in subparagraph (A) of subsection (a)(1) and the other
documentation referred to in such subsection.
(c) Limitation on Acquisition Beyond Low-Rate Initial
Production.--(1) The acquisition by lease or other contract
of any aerial refueling aircraft for the Air Force beyond
low-rate initial production shall be subject to, and for such
acquisition the Secretary of the Air Force shall comply with,
the requirements of sections 2366 and 2399 of title 10,
United States Code.
(2) For the purposes of this subsection, the term ``low-
rate initial production'', with respect to a lease, shall
have the same meaning as applies in the administration of
sections 2366 and 2399 of title 10, United States Code, with
regard to any other form of acquisition.
(d) Source Selection for Integrated Support of Aerial
Refueling Aircraft Fleet.--For the selection of a provider of
integrated support for the aerial refueling aircraft fleet in
any acquisition by lease or other contract of aerial
refueling aircraft for the Air Force, the Secretary of the
Air Force shall--
(1) before selecting the provider, perform all analyses
required by law of--
(A) the costs and benefits of--
(i) the alternative of using Federal Government personnel
to provide such support; and
(ii) the alternative of using contractor personnel to
provide such support;
(B) the core logistics requirements;
(C) use of performance-based logistics; and
(D) the length of contract period; and
(2) select the provider on the basis of fairly conducted
full and open competition (as defined in section 4(6) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(6))).
(e) Price Information.--Before the Secretary of the Air
Force commits to acquiring by lease or other contract any
aerial refueling aircraft for the Air Force, the Secretary
shall require the manufacturer to provide, with respect to
commercial items covered by the lease or contract,
appropriate information on the prices at which the same or
similar items have previously been sold that is adequate for
evaluating the reasonableness of the price for the items.
(f) Audit Services.--The Secretary of the Air Force shall
contact the Office of the Inspector General for the
Department of Defense for review and approval of any Air
Force use of non-Federal audit services for any lease or
other contract for the acquisition of aerial refueling
aircraft.

AMENDMENT NO. 3333, as modified

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

SEC. 1022. PERIODIC DETAILED ACCOUNTING FOR OPERATIONS OF THE
GLOBAL WAR ON TERRORISM.

(a) Quarterly Accounting.--Not later than 45 days after the
end of each quarter of a year, the Secretary of Defense shall
submit to the Congressional defense committees, for such
quarter for each operation described in subsection (b), a
full accounting of all costs incurred for such operation
during such quarter and all amounts expended during such
quarter for such operation, and the purposes for which such
costs were incurred and such amounts were expended.
(b) Operations Covered.--The operations referred to in
subsection (a) are as follows:
(1) Operation Iraqi Freedom.
(2) Operation Enduring Freedom.
(3) Operation Noble Eagle.
(4) Any other operation that the President designates as
being an operation of the Global War on Terrorism.
(c) Requirement for Comprehensiveness.--For the purpose of
providing a full and complete accounting of the costs and
expenditures under subsection (a) for operations described in
subsection (b), the Secretary shall account in the quarterly
submission under subsection (a) for all costs and
expenditures that are reasonably attributable to such
operations, including personnel costs.

AMENDMENT NO. 3319

(Purpose: To repeal certain requirements and limitations relating to
the defense industrial base)

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

SEC. 844. REPEAL OF CERTAIN REQUIREMENTS AND LIMITATIONS
RELATING TO THE DEFENSE INDUSTRIAL BASE.

(a) Essential Item Identification and Domestic Production
Capabilities Improvement.--Sections 812, 813, and 814 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1542, 1543, 1545; 10 U.S.C.
2501 note) are repealed.
(b) Elimination of Unreliable Source for Items and
Components.--Section 821 of such Act (117 Stat. 1546; 10
U.S.C. 2534 note) is repealed.

AMENDMENT NO. 3339

(Purpose: To modify the priority afforded applications for national
defense tank vessel construction assistance)

At the end of division B, add the following:

TITLE XXXIV--MARITIME ADMINISTRATION

SEC. 3401. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR
NATIONAL DEFENSE TANK VESSEL CONSTRUCTION
ASSISTANCE.

Section 3542(d) of the Maritime Security Act of 2003 (title
XXXV of Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101
note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) shall give priority consideration to a proposal
submitted by an applicant who has been accepted for
participation in the Shipboard Technology Evaluation Program
as outlined in Navigation and Vessel Inspection Circular 01-
04, issued by the Commandant of the United States Coast Guard
on January 2, 2004; and''.

AMENDMENT NO. 3371, as modified

On page 130, between lines 9 and 10, insert the following:

SEC. 642. DEATH BENEFITS ENHANCEMENT.

[[Page S7159]]

under section 1105(a) of title 31, United States Code, the
President shall submit to the appropriate committees of
Congress referred to in subsection (g) a draft or drafts of
legislation to provide enhanced death benefits for survivors
of deceased members of the uniformed services. The draft
legislation shall include provisions for the following:
(1) Revision of the Servicemembers' Group Life Insurance
program to provide for--
(A) an increase of the maximum benefit provided under
Servicemembers' Group Life Insurance to $350,000, together
with an increase, each fiscal year, by the same overall
average percentage increase that takes effect during such
fiscal year in the rates of basic pay under section 204 of
title 37, United States Code; and
(B) a minimum benefit of $100,000 at no cost to the insured
members of the uniformed services who elect the maximum
coverage, together with an increase in such minimum benefit
each fiscal year by the same percentage increase as is
described in subparagraph (A).
(2) An additional set of death benefits for each member of
the uniformed services who dies in the line of duty while on
active duty that includes, at a minimum, an additional death
gratuity in the amount that--
(A) in the case of a member not described in subparagraph
(B), is equal to the sum of--
(i) the total amount of the basic pay to which the deceased
member would have been entitled under section 204 of title
37, United States Code, if the member had not died and had
continued to serve on active duty for an additional year; and
(ii) the total amount of all allowances and special pays
that the member would have been entitled to receive under
title 37, United States Code, over the one-year period
beginning on the member's date of death if the member had not
died and had continued to serve on active duty for an
additional year with the unit to which the member was
assigned or detailed on such date; and
(B) in the case of a member who dies as a result of an
injury caused by or incurred while exposed to hostile action
(including any hostile fire or explosion and any hostile
action from a terrorist source), is equal to twice the amount
calculated under subparagraph (A).
(3) Any other new death benefits or enhancement of existing
death benefits that the President recommends.
(4) Retroactive applicability of the benefits referred to
in paragraph (2) and, as appropriate, the benefits
recommended under paragraph (3) so as to provide the
benefits--
(A) for members of the uniformed services who die in line
of duty on or after October 7, 2001, of a cause incurred or
aggravated while deployed in support of Operation Enduring
Freedom; and
(B) for members of the uniformed services who die in line
of duty on or after March 19, 2003, of a cause incurred or
aggravated while deployed in support of Operation Iraqi
Freedom.
(d) Consultation.--The President shall consult with the
Secretary of Defense and the Secretary of Veterans Affairs in
developing the draft legislation required under subsection
(c).
(e) Fiscal Year 2006 Budget Submission.--The budget for
fiscal year 2006 that is submitted to Congress under section
1105(a) of title 31, United States Code, shall include draft
legislation (other than draft appropriations) that includes
provisions that, on the basis of the assumption that the
draft legislation submitted under subsection (c) would be
enacted and would take effect in fiscal year 2006--
(1) would offset fully the increased outlays that would
result from enactment of the provisions of the draft
legislation submitted under subsection (c), for fiscal year
2006 and each of the ensuing nine fiscal years;
(2) expressly state that they are proposed for the purpose
of the offset described in paragraph (1); and
(3) are included in full in the estimates that are made by
the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section
252(d) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 902(d)) with respect to the fiscal
years referred to in paragraph (1).
(f) Early Submission of Proposal for Additional Death
Benefits.--Congress urges the President to submit the draft
of legislation for the additional set of death benefits under
paragraph (2) of subsection (c) before the time for
submission required under that subsection and as soon as is
practicable after the date of the enactment of this Act.
(g) Appropriate Committees of Congress.--For the purposes
of subsection (c), the appropriate committees of Congress are
as follows:
(1) The Committees on Armed Services of the Senate and the
House of Representatives, with respect to draft legislation
that is within the jurisdiction of such committees.
(2) The Committees on Veterans Affairs of the Senate and
the House of Representatives, with respect to draft
legislation within the jurisdiction of such committees.

AMENDMENT NO. 3438, as modified

In section 3161, as added by Senate Amendment 3438, strike
subsection (b).

Mr. LEVIN. We support these amendments, Mr. President. We move to
reconsider.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3371, As Modified

Mr. WARNER. We have two technical matters.
Sessions amendment No. 3371 was agreed to last week without a
modification. I send to the desk a modified amendment No. 3371 as a
substitute for the original amendment and ask unanimous consent that it
be substituted for the version agreed to last week.
The PRESIDING OFFICER. Without objection, the amendment, as modified,
is agreed to.
The amendment (No. 3371) was agreed to as follows:

On page 130, between lines 9 and 10, insert the following:

SEC. 642. DEATH BENEFITS ENHANCEMENT.

(a) Final Actions on Fiscal Year 2004 Death Benefits
Study.--(1) Congress finds that the study of the Federal
death benefits for survivors of deceased members of the Armed
Forces under section 647 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1520) has given Congress sufficient insight to
initiate action to provide for the enhancement of the current
set of death benefits that are provided under law for the
survivors.
(2) The Secretary of Defense shall expedite the completion
and submission of the final report, which was due on March 1,
2004, under section 647 of the National Defense Authorization
Act for Fiscal Year 2004.
(3) It is the sense of Congress that the President should
promptly submit to Congress any recommendation for
legislation, together with a request for appropriations, that
the President determines necessary to implement the death
benefits enhancements that are recommended in the final
report under section 647 of the National Defense
Authorization Act for Fiscal Year 2004.
(b) Increases of Death Gratuity Consistent With Increases
of Rates of Basic Pay.--Section 1478 of title 10, United
States Code, is amended--
(1) in subsection (a), by inserting ``(as adjusted under
subsection (c)'' before the period at the end of the first
sentence; and
(2) by adding at the end the following new subsection:
``(c) Effective on the date on which rates of basic pay
under section 204 of this title are increased under section
1009 of title 37 or any other provision of law, the amount of
the death gratuity provided under subsection (a) shall be
increased by the same overall average percentage of the
increase in the rates of basic pay taking effect on that
date.''.
(c) Fiscal Year 2005 Actions.--At the same time that the
President submits to Congress the budget for fiscal year 2006
under section 1105(a) of title 31, United States Code, the
President shall submit to the appropriate committees of
Congress referred to in subsection (g) a draft or drafts of
legislation to provide enhanced death benefits for survivors
of deceased members of the uniformed services. The draft
legislation shall include provisions for the following:
(1) Revision of the Servicemembers' Group Life Insurance
program to provide for--
(A) an increase of the maximum benefit provided under
Servicemembers' Group Life Insurance to $350,000, together
with an increase, each fiscal year, by the same overall
average percentage increase that takes effect during such
fiscal year in the rates of basic pay under section 204 of
title 37, United States Code; and
(B) a minimum benefit of $100,000 at no cost to the insured
members of the uniformed services who elect the maximum
coverage, together with an increase in such minimum benefit
each fiscal year by the same percentage increase as is
described in subparagraph (A).
(2) An additional set of death benefits for each member of
the uniformed services who dies in the line of duty while on
active duty that includes, at a minimum, an additional death
gratuity in the amount that--
(A) in the case of a member not described in subparagraph
(B), is equal to the sum of--
(i) the total amount of the basic pay to which the deceased
member would have been entitled under section 204 of title
37, United States Code, if the member had not died and had
continued to serve on active duty for an additional year; and
(ii) the total amount of all allowances and special pays
that the member would have been entitled to receive under
title 37, United States Code, over the one-year period
beginning on the member's date of death if the member had not
died and had continued to serve on active duty for an
additional year with the unit to which the member was
assigned or detailed on such date; and
(B) in the case of a member who dies as a result of an
injury caused by or incurred while exposed to hostile action
(including any hostile fire or explosion and any hostile
action from a terrorist source), is equal to twice the amount
calculated under subparagraph (A).
(3) Any other new death benefits or enhancement of existing
death benefits that the President recommends.
(4) Retroactive applicability of the benefits referred to
in paragraph (2) and, as appropriate, the benefits
recommended under paragraph (3) so as to provide the
benefits--
(A) for members of the uniformed services who die in line
of duty on or after October 7, 2001, of a cause incurred or
aggravated while

[[Page S7160]]

deployed in support of Operation Enduring Freedom; and
(B) for members of the uniformed services who die in line
of duty on or after March 19, 2003, of a cause incurred or
aggravated while deployed in support of Operation Iraqi
Freedom.
(d) Consultation.--The President shall consult with the
Secretary of Defense and the Secretary of Veterans Affairs in
developing the draft legislation required under subsection
(c).
(e) Fiscal Year 2006 Budget Submission.--The budget for
fiscal year 2006 that is submitted to Congress under section
1105(a) of title 31, United States Code, shall include draft
legislation (other than draft appropriations) that includes
provisions that, on the basis of the assumption that the
draft legislation submitted under subsection (c) would be
enacted and would take effect in fiscal year 2006--
(1) would offset fully the increased outlays that would
result from enactment of the provisions of the draft
legislation submitted under subsection (c), for fiscal year
2006 and each of the ensuing nine fiscal years;
(2) expressly state that they are proposed for the purpose
of the offset described in paragraph (1); and
(3) are included in full in the estimates that are made by
the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section
252(d) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 902(d)) with respect to the fiscal
years referred to in paragraph (1).
(f) Early Submission of Proposal for Additional Death
Benefits.--Congress urges the President to submit the draft
of legislation for the additional set of death benefits under
paragraph (2) of subsection (c) before the time for
submission required under that subsection and as soon as is
practicable after the date of the enactment of this Act.
(g) Appropriate Committees of Congress.--For the purposes
of subsection (c), the appropriate committees of Congress are
as follows:
(1) The Committees on Armed Services of the Senate and the
House of Representatives, with respect to draft legislation
that is within the jurisdiction of such committees.
(2) The Committees on Veterans Affairs of the Senate and
the House of Representatives, with respect to draft
legislation within the jurisdiction of such committees.

Mr. WARNER. Mr. President, I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3438, As Modified

Mr. WARNER. Mr. President, on behalf of Senator Bunning, I send an
amendment to the desk which makes a technical change to amendment No.
3438 on the Energy Employee Occupational Illness Compensation Program
that had been previously agreed to.
My understanding is the amendment is acceptable on each side.
Mr. LEVIN. The modification has been cleared on this side.
Mr. WARNER. I urge adoption of the amendment.
The PRESIDING OFFICER. Without objection, the previously agreed to
amendment is modified.
The amendment (No. 3438), as modified, was agreed to as follows:

In section 3161, as added by Senate Amendment 3438, strike
subsection (b).

Mr. LEVIN. Mr. President, I move to reconsider the vote, and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. WARNER. Mr. President, we have been in consultation with the
leadership on both sides. I see the distinguished Democratic whip. I
will make this unanimous consent request at this time.
I ask unanimous consent that when the Senate resumes consideration of
the Defense authorization bill the Senate consider the following
amendments in this order: Corzine amendment No. 3303, 30 minutes
equally divided; Byrd amendment No. 3423, 20 minutes equally divided;
McConnell, Iraq report and Kennedy amendment No. 3388, a total of 30
minutes equally divided for both amendments.
They will be voted on side by side.
Reed amendment No. 3353, 20 minutes equally divided; provided further
that after the conclusion of all of the designated debate time, the
Senate proceed to a series of consecutive votes in relation to the
amendments mentioned above, in the order listed, with no second degrees
in order to the amendments prior to the votes.
Mr. REID. Mr. President, reserving the right to object, will the
distinguished chairman tell me again the order that those votes will
take place?
Mr. WARNER. I have been informed that the first amendment is Corzine,
the second is McConnell-Kennedy, the third is Reed, and the fourth is
Byrd.
Mr. REID. Mr. President, reserving the right to object, I ask that
the distinguished Senator modify his request, first of all, that after
the first vote there be 10 minutes for each vote.
Mr. WARNER. Yes. After the first vote, 10 minutes.
Mr. REID. Second, that there be 2 minutes between each of these
amendments. Senator Byrd has always asked that we do that.
Mr. WARNER. That is acceptable.
Mr. REID. Two minutes equally divided. That is fairly standard. The
majority leader didn't want any time, as the chairman will recall.
Mr. WARNER. I understand. I have to look at it in the interest of my
colleagues--no disrespect to the majority leader.
Mr. REID. Mr. President, this is fine with us. But I want the Record
to reflect that we would agree to even less time on amendments. As we
proceed with the debate on this group of amendments, we could have
saved 30 minutes if we did not use all of our time.
We have no objection to the request of the distinguished Senator.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Mr. President, I accept responsibility for increasing the
time. I just feel that these are important issues, and some of my
colleagues are very anxious to express their views. I want to make that
possible.
Mr. LEVIN. Mr. President, one other issue, because we are trying to
push this bill very quickly, we always appreciate and admire the
Senator from Virginia for his forthright statements and knowledge. We
think it might be possible as we proceed on at least these amendments
that some of the time could be yielded. That would be in everybody's
interest, if it is possible.
Mr. WARNER. That would be an option with equal division of time.

Amendment No. 3409

Ms. MIKULSKI. Mr. President, I rise in strong support of the Daschle
amendment, and in strong support of our Nation's veterans.
Our men and women serving in Iraq and Afghanistan have my steadfast
support. So do those who served before them. Our veterans need to know
that America is with them and that we owe them a debt of gratitude.
Congress must show that gratitude not just with words, but with deeds.
That means making our troops and our veterans a priority in the Federal
checkbook.
That is why I am such a strong supporter of the Daschle amendment.
The goal of this amendment is simple and straightforward--to guarantee
enough funding in the Federal checkbook each year to provide health
care to every single veteran enrolled in the VA system.
This amendment does four things to support our Nation's veterans:
First, the amendment sets a minimum level of funding for VA health
care each year. This amount is based on the number of veterans enrolled
in the VA system. This is important to ensure that VA can provide care
for every veteran, without rationing care or charging deductibles,
fees, or increased copayments.
Second, the amendment provides an annual adjustment for inflation, so
that VA can keep up with the rising costs of medical equipment,
supplies, and prescription drugs.
Third, the amendment says that after 2 years, the General Accounting
Office, GAO, will provide Congress with a report of whether this
funding was adequate to provide care for all of our veterans. The
amendment also sets up a process to correct any flaws that GAO
identifies.
Fourth, the amendment moves future increases to VA health care
funding from the discretionary to the mandatory side of the Federal
budget. This is important so that the VA-HUD Subcommittee won't have to
have to forage for funds each year, and veterans won't have to compete
for funding.
As the ranking member of the VA-HUD Appropriations Subcommittee, my
guiding principle for the VA budget is that promises made to our
veterans must be promises kept. And each year, the VA-HUD
Appropriations Subcommittee makes veterans health care funding the top
priority. We do this on a bipartisan basis, because when it comes to
caring for our Nation's veterans, we are not members of the

[[Page S7161]]

Democratic or Republican parties. We are members of the red, white, and
blue party.
But each year, we have to forage for funds. Over the last 3 years, we
have worked on a bipartisan basis to reject new fees and increased
copayments on our Nation's veterans.
In 2003, the administration proposed that Priority 7 and 8 veterans
pay a yearly $1,500 deductible just to access VA health care. On a
bipartisan basis, Congress rejected this proposal. Instead, we put $1.1
billion more in VA's budget.
In 2004, the administration proposed that Priority 7 and 8 veterans
pay a yearly $250 fee to access VA health care. The budget also
proposed increases in veterans' copayments--a 50 percent increase in
the prescription drug copayment and a 30 percent increase in copayments
for doctors visits. Again, on a bipartisan basis, Congress rejected
these proposals. Instead, we put $1.3 billion more in the VA's budget.
The administration's 2005 budget again proposes a $250 annual fee and
increased prescription drug copayments for veterans. And again this
year, Senator Bond and I will fight to find the funding to reject these
proposals.
But despite our efforts and these record increases, VA health care
funding is just not keeping up with the needs of our Nation's veterans.
This mismatch of funding and demand for VA health care has led the
administration to ration VA health care. In January 2002, the
administration closed enrollment to all new Priority 8 veterans. This
is unacceptable. In addition, the VA has already treated 10,000 of our
newest veterans returning from Iraq and Afghanistan. Our newest
veterans deserve to know that the VA will be there to care for them.
Finally, I want to point out that under this amendment, Congress
would keep its oversight authority over how VA health care funding is
spent. The Appropriations and Veterans Affairs Committees would still
be able to hold VA accountable for how it spends its money, and how it
provides health care to veterans. Congress will continue to stand up
for our Nation's veterans.
The Task Force To Improve Health Care Delivery For Our Nation's
Veterans, a bipartisan task force of experts on health care convened at
the request of the President, concluded that there is a definite
mismatch between demand and funding for VA health care. The Task Force
recommended fixing this mismatch. The Daschle amendment is a bold
solution to this problem.
Mr. President, I urge my colleagues to stand up for our Nation's
veterans by supporting the Daschle amendment.
I yield the floor.
Mr. JOHNSON. Mr. President, I rise today in support of the Daschle
amendment to the National Defense Authorization Act for Fiscal Year
2005.
Mr. President, I introduced the Veterans Health Care Funding
Guarantee Act in both the 107th and 108th Congress because I believe
the system we use to fund VA health care is broken. Both my legislation
and the Daschle amendment would fix this problem and fully fund the
Veterans Administration health care system by making VA medical care
mandatory, rather than discretionary, spending.
Once again, we face a budget that severely underfunds VA medical care
needs. Under the budget submitted to Congress by the President, many
veterans will not have access to the VA health care system, will have
increased copayments and fees, and will face continuing delays to
access the care they were promised. And once again, Congress will be
forced to make the difficult choices in finding additional funds for
the VA. I am concerned that this yearly struggle to find just enough
funding for veterans health care is unsustainable it breaks the
promises we made to our veterans and threatens the long-term viability
of the entire VA health care system.
This is what makes legislation such as the Veterans Health Care
Funding Guarantee Act and the Daschle amendment particularly
interesting. The amendment recognizes the need to automatically
calculate the effects of inflation and to factor in the number of
veterans utilizing the VA health care system in determining the
necessary level of medical care funding.
Mr. President, this approach has been endorsed by the Disabled
American Veterans, the Veterans of Foreign Wars, and the American
Legion. In addition, the President's Task Force to Improve Health Care
Delivery for Our Nation's Veterans--a 15-member panel that was
assembled to study the health care needs of our Nation's veterans--has
weighed in on this issue. This Presidential task force released their
recommendations in a report on May 28, 2003. The report stated clearly
that the most pressing problem facing the VA health system is that
funding is not keeping pace with the need for care.
While the panel encouraged greater cooperation between the VA and the
Department of Defense's health care system, they recognized this would
not address the fundamental problem. Instead, the panel recommended two
solutions to the VA's funding problems: create an independent board
which will set the level of VA health care spending each year, or
establish a formula to provide a mandatory amount of funding for VA
medical care. This second recommendation is the concept contained in
the amendment we are debating today. I hope that my colleagues will
read the report produced by the President's Task Force to Improve
Health Care Delivery for Our Nation's Veterans because I believe it
provides a solid basis for supporting the Daschle amendment.
I close by discussing why we are debating this amendment today and on
this particular bill. Some have questioned including a veterans health
care amendment as a part of the National Defense Authorization Act.
However, I can think of no more appropriate bill on which to discuss
whether or not we are going to live up to our commitments to our
nation's veterans. As the father of a soldier who has served in Iraq,
Afghanistan, Kosovo, and Bosnia, I know that poor treatment of our
veterans severely impacts our ability to recruit and retain the best
and brightest for our military. We simply can not separate the issue of
the treatment of our troops and the treatment of our veterans.
Mr. President, I thank Senator Daschle for offering this amendment
and encourage my colleagues to support our veterans by voting in favor
of the pending amendment.

Amendment No. 3470

Mr. NELSON of Florida. Mr. President, today I submitted an amendment
to the fiscal year 2005 National Defense Authorization bill that would
eliminate the current offset against annuities paid by the Department
of Defense Survivors' Benefits Plan--SBP--for Veterans Administration
Dependency and Indemnity Compensation--DIC. I ask for my colleagues'
support for this amendment and invite their cosponsorship.
Unfortunately, many of us do not realize that a reduction similar to
the current offset rules for military retirement and veterans'
disability compensation applies to the survivors of military retirees
enrolled in the Survivor Benefit Plan--SBP. Payments for the survivors
of our retirees from the military Survivor Benefit Plan--SBP--are
reduced by benefits payable from the veterans' Dependency and Indemnity
Compensation--DIC--program. Thus, surviving spouses of 100 percent
disabled military retirees generally cannot receive benefits through
both the retirement system and the veterans' disability system.
Over the last few years we have made a tremendous effort to repeal
the law that prohibits concurrent receipt of retired pay and disability
compensation for our military retirees. This year we have already
adopted a provision in the fiscal year 2005 National Defense
Authorization bill that will eliminate the phasing over 10 years of
retired pay for retirees with 100 percent disability. I supported this
provision. We have to take care of our most deserving retirees, but we
should also take care of their survivors.
I have long supported the full implementation of concurrent receipt,
but I do not understand why we would leave behind the widows and
dependent children of those retirees that have purchased the income
protection provided by the Survivors Benefit Plan. I know of no
purchased annuity plan that denies its benefit based on the receipt of
another benefit. This is wrong and it hurts our most valuable widows--
those left behind by combat losses and retirees fully disabled by their
service.

[[Page S7162]]

It is difficult to justify paying military retired pay and veterans'
compensation concurrently to the retiree but not paying benefits from
both the SBP and the DIC concurrently to that retiree's widow or
surviving children. My amendment ensures consistency in the application
of benefits to survivors from the SBP program and DIC. I urge the
Senate to adopt this amendment and take care of our military widows.
Mr. WARNER. Mr. President, I do not believe there are further matters
in relation to this bill. At this point in time, I will proceed to wrap
up on behalf of leadership.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. FRIST. Mr. President, as the chairman said just a few moments ago
on the floor, there has been a lot of hard work on the Defense bill
over the course of the last month and over the course of the day. We
continued to clear amendments on both sides. And although we have been
in a quorum call, off and on, over the course of the night, as the
chairman implied, there have been a lot of negotiations, and a lot of
progress has been made in addressing the large number of amendments
that we, at 6:30, realized we had. We continue to clear amendments on
both sides, and we have entered into an agreement for votes on
approximately five amendments tomorrow morning.
Unfortunately--and I made it clear to both managers and
representatives of our leadership and leadership on the other side of
the aisle--it is still unclear as to exactly how we are going to bring
this bill to closure, how we will finish this bill. We have had this
large number of consultations throughout the evening with colleagues on
both sides of the aisle, and I do think it is time we bring the bill to
conclusion. I believe it is really past that time.
But, again, everybody is working in good faith. I do respect Members'
rights to offer amendments. However, as majority leader, I am charged
with ensuring that we finish our work and that we are able to address
the other very important work ahead of us. I specifically mentioned, in
this case, the appropriations bill which provides the funding to
support our troops overseas.
Having said that, I will file a cloture motion so all of our options
are preserved. I understand everybody is proceeding in good faith for
completion tomorrow. We will continue to find a way to finish the bill
tomorrow, but we will have this cloture vote on Thursday if it becomes
necessary.

Cloture Motion

Mr. President, I send a cloture motion to the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:

Cloture Motion

We the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on calendar No.
503, S. 2400, an original bill 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.
Bill Frist, Mitch McConnell, John Cornyn, Trent Lott,
John W. Warner, Norm Coleman, Lincoln D. Chafee, Gordon
Smith, Jon Kyl, John McCain, Peter Fitzgerald, John E.
Sununu, Richard G. Lugar, Don Nickles, Mike DeWine,
George V. Voinovich, George Allen, Kay Bailey
Hutchison.

Mr. FRIST. Mr. President, I ask unanimous consent that the mandatory
quorum be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________