[Congressional Record (Bound Edition), Volume 149 (2003), Part 9]
[Senate]
[Pages 12364-12384]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 700. Mr. LOTT (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill S. 1050, to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy; to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 291, between lines 14 and 15, insert the following:

     SEC. 1039. ADVANCED SHIPBUILDING ENTERPRISE.

       (a) Findings.--Congress makes the following findings:
       (1) The President's budget for fiscal year 2004, as 
     submitted to Congress, includes $10,300,000 for the Advanced 
     Shipbuilding Enterprise of the National Shipbuilding Research 
     Program.
       (2) The Advanced Shipbuilding Enterprise is an innovative 
     program to encourage greater efficiency among shipyards in 
     the defense industrial base.
       (3) The leaders of the Nation's shipbuilding industry have 
     embraced the Advanced Shipbuilding Enterprise as a method of 
     exploring and collaborating on innovation in shipbuilding and 
     ship repair that collectively benefits all manufacturers in 
     the industry.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Senate strongly supports the innovative Advanced 
     Shipbuilding Enterprise of the National Shipbuilding Research 
     Program that has yielded new processes and techniques to 
     reduce the cost of building and repairing ships in the United 
     States;
       (2) the Senate is concerned that the future-years defense 
     program submitted to Congress for fiscal year 2004 does not 
     reflect any funding for the Advanced Shipbuilding Enterprise 
     after fiscal year 2004; and
       (3) the Secretary of Defense and the Secretary of the Navy 
     should continue funding the Advanced Shipbuilding Enterprise 
     at a sustaining level through the future-years defense 
     program to support subsequent rounds of research that reduce 
     the cost of designing, building, and repairing ships.
                                 ______
                                 
  SA 701. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XXVIII, add the following:

                       Subtitle E--Other Matters

     SEC. 2851. EFFECT OF CERTAIN FACILITIES ADMINISTRATION AND 
                   MILITARY HOUSING ACTIVITIES ON ALLOCATIONS OR 
                   ELIGIBILITY OF MILITARY INSTALLATIONS FOR POWER 
                   FROM FEDERAL POWER MARKETING AGENCIES.

       Notwithstanding any other provision of law, a Federal power 
     marketing agency may not terminate the eligibility of a 
     military installation for power, or reduce the allocation of 
     power to a military installation, as a result of the exercise 
     at the military installation of any authority as follows:
       (1) The conveyance of a utility system of the military 
     installation under section 2688 of title 10, United States 
     Code.
       (2) The acquisition or improvement of military housing for 
     the military installation under the alternative authority for 
     the acquisition and improvement of military housing under 
     subchapter IV of chapter 169 of title 10, United States Code.
                                 ______
                                 
  SA 702. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 213. GUARDFIST II FIRE SUPPORT TRAINING SYSTEM.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, $791,000 shall be 
     available for Non-System Training Devices Combined Arms (PE 
     0604715F) for the GUARDFIST II fire support training system.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that section is in addition to any other 
     amounts available under this Act for that purpose.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army, the amount available for Next 
     Generation Training and Simulation Systems (PE 0603015A) for 
     the Institute for Creative Technologies (ICT) is hereby 
     reduced by $791,000.
                                 ______
                                 
  SA 703. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 83, between lines 5 and 6, insert the following:

     SEC. 370. PUBLIC-PRIVATE PARTNERSHIPS FOR GOVERNMENT-OWNED, 
                   GOVERNMENT-OPERATED ARSENALS, LOGISTICS BASES, 
                   AND WEAPON MANUFACTURING ACTIVITIES OF THE 
                   DEPARTMENT OF DEFENSE.

       Section 2474(a) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``depot-level activity of 
     the military departments and the Defense Agencies'' and 
     inserting ``activity of the military departments and the 
     Defense Agencies described in paragraph (4)''; and
       (2) by adding at the end the following new paragraph:
       ``(4) The activities of the military departments and 
     Defense Agencies that are to be designated under paragraph 
     (1) are as follows:
       ``(A) The depot-level activities.
       ``(B) The following Government-owned, Government operated 
     activities:
       ``(i) Arsenals.
       ``(ii) Logistics bases.
       ``(iii) Weapon manufacturing activities.''.
                                 ______
                                 
  SA 704. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 2815. PREPARATION OF LIST OF MILITARY INSTALLATIONS 
                   EXCLUDED FROM CONSIDERATION IN 2005 BASE 
                   CLOSURE ROUND.

       Section 2913 of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note) is amended by adding at the end the 
     following new subsections:
       ``(g) Base Exclusion Criteria.--In preparing the selection 
     criteria required by this section that will be used in making 
     recommendations for the closure or realignment of military 
     installations inside the United States, the Secretary shall 
     ensure that the final criteria reflect the requirement to 
     develop a list of those military installations to be excluded 
     from the base closure and realignment process, as provided in 
     subsection (h).

[[Page 12365]]

       ``(h) List of Installations Excluded From Consideration for 
     Closure or Realignment.--(1) Before preparing the list 
     required by section 2914(a) of the military installations 
     inside the United States that the Secretary recommends for 
     closure or realignment, the Secretary shall prepare a list of 
     core military installations that the Secretary considers 
     absolutely essential to the national defense and that should 
     not be considered for closure.
       ``(2) Not later than April 1, 2005, the Secretary shall 
     submit to the congressional defense committees, publish in 
     the Federal Register, and send to the Commission the list 
     required by paragraph (1). The list shall contain at least 50 
     percent of the total number of military installations located 
     inside the United States as of the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2004.
       ``(3) The Commission shall consider the list based on the 
     final criteria developed under subsection (e). The Commission 
     may modify this list, in the manner provided in section 
     2903(d) and section 2914(d), if the Commission finds that the 
     inclusion of a military installation on the list 
     substantially violates the criteria. The Commission shall 
     forward to the President, not later than April 30, 2004, a 
     report containing its recommendations regarding the list, 
     which must comply with the percentages specified in paragraph 
     (2). The Comptroller General shall also comply with section 
     2904(d)(5) by that date.
       ``(4) If the Commission submits a report to the President 
     under paragraph (3), the President shall notify Congress, not 
     later than May 10, 2005, regarding whether the President 
     approves or disapproves the report. If the President 
     disapproves the report, the Commission shall be dissolved, 
     and the process by which military installations may be 
     selected for closure or realignment under this part in 2005 
     shall be terminated.
       ``(5) A military installation included on the exclusion 
     list approved under this subsection may not be included on 
     the closure and realignment list prepared under section 
     2914(a) or otherwise considered for closure or realignment as 
     part of the base closure process in 2005.''.
                                 ______
                                 
  SA 705. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 926. REQUIRED FORCE STRUCTURE.

       (a) Army.--Section 3062 of title 10, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(e) The Army shall be so organized as to include not less 
     than--
       ``(1) 10 active and eight National Guard combat divisions 
     or their equivalents;
       ``(2) one active armored cavalry regiment and one light 
     cavalry regiment or their equivalents;
       ``(3) 15 National Guard enhanced brigades or their 
     equivalents; and
       ``(4) such other active and reserve component land combat, 
     rotary-wing aviation, and other services as may be required 
     to support forces specified in paragraphs (1) through (3).''.
       (b) Navy.--Section 5062 of such title is amended by adding 
     at the end the following new subsection:
       ``(d) The Navy, within the Department of the Navy, shall be 
     so organized as to include--
       ``(1) not less than 305 vessels in active service;
       ``(2) not less than 12 aircraft carrier battle groups or 
     their equivalents, not less than 12 amphibious ready groups 
     or their equivalents, not less than 55 attack submarines, not 
     less than 108 active surface combatant vessels, and not less 
     than 8 reserve combatant vessels; and
       ``(3) such other active and reserve naval combat, naval 
     aviation, and service forces as may be required to support 
     forces specified in paragraphs (1) and (2).''.
       (c) Air Force.--Section 8062 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(g) Notwithstanding subsection (e), the Air Force shall 
     be so organized as to include not less than--
       ``(1) 46 active fighter squadrons or their equivalents;
       ``(2) 38 National Guard and Reserve squadrons or their 
     equivalents;
       ``(3) 96 combat-coded bomber aircraft in active service; 
     and
       ``(4) such other squadrons, reserve groups, and supporting 
     auxiliary and reserve units as may be required to support 
     forces specified in paragraphs (1) through (3).''.
       At the end of subtitle B of title XXVIII, add the 
     following:

     SEC. 2815. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF 
                   REALIGNMENTS AND CLOSURES OF MILITARY 
                   INSTALLATIONS IN 2005.

       Section 2912(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--
       (1) by striking subparagraph (A) of paragraph (1) and 
     inserting the following:
       ``(A) A force-structure plan for the Armed Forces that--
       ``(i) at a minimum, assumes the force structure under the 
     1991 Base Force force structure (as defined in paragraph (5)) 
     that is also known as the `Cheney-Powell force structure'; 
     and
       ``(ii) includes such consideration as the Secretary 
     considers appropriate of an assessment by the Secretary of--

       ``(I) the probable threats to the national security during 
     the 20-year period beginning with fiscal year 2005;
       ``(II) the probable end-strength levels and major military 
     force units (including land force divisions, carrier and 
     other major combatant vessels, air wings, and other 
     comparable units) needed to meet those threats; and
       ``(III) the anticipated levels of funding that will be 
     available for national defense purposes during such 
     period.'';

       (2) in paragraph (2)(A), by inserting before the period at 
     the end the following: ``, based upon an assumption that 
     there are no installations available outside the United 
     States for the permanent basing of elements of the Armed 
     Forces'';
       (3) in paragraph (4), by inserting after the first sentence 
     the following new sentence: ``Any such revision shall be 
     consistent with this subsection.''; and
       (4) by adding at the end the following new paragraph:
       ``(5) Base force.--In this subsection, the term `1991 Base 
     Force force structure' means the force structure plan for the 
     Armed Forces, known as the `Base Force', that was adopted by 
     the Secretary of Defense in November 1990 based upon 
     recommendations of the Chairman of the Joint Chiefs of Staff 
     and as incorporated in the President's budget for fiscal year 
     1992, as submitted to Congress in February 1991, and that 
     assumed the following force structure:
       ``(A) For the Department of Defense, 1,600,000 members of 
     the Armed Forces on active duty and 900,000 members in an 
     active status in the reserve components.
       ``(B) For the Army, 12 active divisions, six National Guard 
     divisions, and two cadre divisions or their equivalents.
       ``(C) For the Navy, 12 aircraft carrier battle groups or 
     their equivalents and 451 naval vessels, including 85 attack 
     submarines.
       ``(D) For the Marine Corps, three active and one Reserve 
     divisions and three active and one Reserve air wings.
       ``(E) For the Air Force, 15 active fighter wings and 11 
     National Guard fighter wings or their equivalents.''.

     SEC. 2816. USE OF FORCE-STRUCTURE PLAN FOR ARMED FORCES IN 
                   PREPARATION OF SELECTION CRITERIA FOR BASE 
                   CLOSURE ROUND.

       Section 2913(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 adding at the end the 
     following new paragraph:
       ``(3) Use of force-structure plan.--In preparing the 
     proposed and final criteria to be used by the Secretary in 
     making recommendations under section 2914 for the closure or 
     realignment of military installations inside the United 
     States, the Secretary shall use the force-structure plan for 
     the Armed Forces prepared under section 2912(a).''
                                 ______
                                 
  SA 706. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 926. REQUIRED FORCE STRUCTURE.

       (a) Army.--Section 3062 of title 10, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(e) The Army shall be so organized as to include not less 
     than--
       ``(1) 10 active and eight National Guard combat divisions 
     or their equivalents;
       ``(2) one active armored cavalry regiment and one light 
     cavalry regiment or their equivalents;
       ``(3) 15 National Guard enhanced brigades or their 
     equivalents; and
       ``(4) such other active and reserve component land combat, 
     rotary-wing aviation, and other services as may be required 
     to support forces specified in paragraphs (1) through (3).''.
       (b) Navy.--Section 5062 of such title is amended by adding 
     at the end the following new subsection:
       ``(d) The Navy, within the Department of the Navy, shall be 
     so organized as to include--
       ``(1) not less than 305 vessels in active service;

[[Page 12366]]

       ``(2) not less than 12 aircraft carrier battle groups or 
     their equivalents, not less than 12 amphibious ready groups 
     or their equivalents, not less than 55 attack submarines, not 
     less than 108 active surface combatant vessels, and not less 
     than 8 reserve combatant vessels; and
       ``(3) such other active and reserve naval combat, naval 
     aviation, and service forces as may be required to support 
     forces specified in paragraphs (1) and (2).''.
       (c) Air Force.--Section 8062 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(g) Notwithstanding subsection (e), the Air Force shall 
     be so organized as to include not less than--
       ``(1) 46 active fighter squadrons or their equivalents;
       ``(2) 38 National Guard and Reserve squadrons or their 
     equivalents;
       ``(3) 96 combat-coded bomber aircraft in active service; 
     and
       ``(4) such other squadrons, reserve groups, and supporting 
     auxiliary and reserve units as may be required to support 
     forces specified in paragraphs (1) through (3).''.
       At the end of subtitle B of title XXVIII, add the 
     following:

     SEC. 2815. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF 
                   REALIGNMENTS AND CLOSURES OF MILITARY 
                   INSTALLATIONS IN 2005.

       (a) Revision To Force Structure Plan for 2005 Round.--
     Section 2912(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--
       (1) by striking subparagraph (A) of paragraph (1) and 
     inserting the following:
       ``(A) A force-structure plan for the Armed Forces that--
       ``(i) at a minimum, assumes the force structure under the 
     1991 Base Force force structure (as defined in paragraph (5)) 
     that is also known as the `Cheney-Powell force structure'; 
     and
       ``(ii) includes such consideration as the Secretary 
     considers appropriate of an assessment by the Secretary of--

       ``(I) the probable threats to the national security during 
     the 20-year period beginning with fiscal year 2005;
       ``(II) the probable end-strength levels and major military 
     force units (including land force divisions, carrier and 
     other major combatant vessels, air wings, and other 
     comparable units) needed to meet those threats; and
       ``(III) the anticipated levels of funding that will be 
     available for national defense purposes during such 
     period.'';

       (2) in paragraph (2)(A), by inserting before the period at 
     the end the following: ``, based upon an assumption that 
     there are no installations available outside the United 
     States for the permanent basing of elements of the Armed 
     Forces'';
       (3) in paragraph (4), by inserting after the first sentence 
     the following new sentence: ``Any such revision shall be 
     consistent with this subsection.''; and
       (4) by adding at the end the following new paragraph:
       ``(5) Base force.--In this subsection, the term `1991 Base 
     Force force structure' means the force structure plan for the 
     Armed Forces, known as the `Base Force', that was adopted by 
     the Secretary of Defense in November 1990 based upon 
     recommendations of the Chairman of the Joint Chiefs of Staff 
     and as incorporated in the President's budget for fiscal year 
     1992, as submitted to Congress in February 1991, and that 
     assumed the following force structure:
       ``(A) For the Department of Defense, 1,600,000 members of 
     the Armed Forces on active duty and 900,000 members in an 
     active status in the reserve components.
       ``(B) For the Army, 12 active divisions, six National Guard 
     divisions, and two cadre divisions or their equivalents.
       ``(C) For the Navy, 12 aircraft carrier battle groups or 
     their equivalents and 451 naval vessels, including 85 attack 
     submarines.
       ``(D) For the Marine Corps, three active and one Reserve 
     divisions and three active and one Reserve air wings.
       ``(E) For the Air Force, 15 active fighter wings and 11 
     National Guard fighter wings or their equivalents.''.
       (b) Preparation of List of Military Installations Excluded 
     From Consideration in 2005 Round.--Section 2913 of the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
     amended by adding at the end the following new subsections:
       ``(g) Base Exclusion Criteria.--In preparing the selection 
     criteria required by this section that will be used in making 
     recommendations for the closure or realignment of military 
     installations inside the United States, the Secretary shall 
     ensure that the final criteria reflect the requirement to 
     develop a list of those military installations to be excluded 
     from the base closure and realignment process, as provided in 
     subsection (h).
       ``(h) List of Installations Excluded From Consideration for 
     Closure or Realignment.--(1) Before preparing the list 
     required by section 2914(a) of the military installations 
     inside the United States that the Secretary recommends for 
     closure or realignment, the Secretary shall prepare a list of 
     core military installations that the Secretary considers 
     absolutely essential to the national defense and that should 
     not be considered for closure.
       ``(2) Not later than April 1, 2005, the Secretary shall 
     submit to the congressional defense committees, publish in 
     the Federal Register, and send to the Commission the list 
     required by paragraph (1). The list shall contain at least 50 
     percent of the total number of military installations located 
     inside the United States as of the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2004.
       ``(3) The Commission shall consider the list based on the 
     final criteria developed under subsection (e). The Commission 
     may modify this list, in the manner provided in section 
     2903(d) and section 2914(d), if the Commission finds that the 
     inclusion of a military installation on the list 
     substantially violates the criteria. The Commission shall 
     forward to the President, not later than April 30, 2004, a 
     report containing its recommendations regarding the list, 
     which must comply with the percentages specified in paragraph 
     (2). The Comptroller General shall also comply with section 
     2904(d)(5) by that date.
       ``(4) If the Commission submits a report to the President 
     under paragraph (3), the President shall notify Congress, not 
     later than May 10, 2005, regarding whether the President 
     approves or disapproves the report. If the President 
     disapproves the report, the Commission shall be dissolved, 
     and the process by which military installations may be 
     selected for closure or realignment under this part in 2005 
     shall be terminated.
       ``(5) A military installation included on the exclusion 
     list approved under this subsection may not be included on 
     the closure and realignment list prepared under section 
     2914(a) or otherwise considered for closure or realignment as 
     part of the base closure process in 2005.''.

     SEC. 2816. USE OF FORCE-STRUCTURE PLAN FOR ARMED FORCES IN 
                   PREPARATION OF SELECTION CRITERIA FOR BASE 
                   CLOSURE ROUND.

       Section 2913(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 adding at the end the 
     following new paragraph:
       ``(3) Use of force-structure plan.--In preparing the 
     proposed and final criteria to be used by the Secretary in 
     making recommendations under section 2914 for the closure or 
     realignment of military installations inside the United 
     States, the Secretary shall use the force-structure plan for 
     the Armed Forces prepared under section 2912(a).''
                                 ______
                                 
  SA 707. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 25, between lines 11 and 12, and insert the 
     following:

     SEC. 213. HUMAN TISSUE ENGINEERING.

       (a) Amount.--Of the amount authorized to be appropriated 
     under section 201(1), $1,710,000 shall be available in PE 
     0602787A-874 for human tissue engineering.
       (b) Offsets.--Of the amount authorized to be appropriated 
     under section 201(1)--
       (1) the total amount available in PE 0603015A for the 
     Institute for Creative Technology, is hereby reduced by 
     $710,000;
       (2) the total amount available in PE 0602308A-DO2 for the 
     Institute for Creative Technology, is hereby reduced by 
     $500,000; and
       (3) the total amount available in PE 0602712A for chemical 
     vapor sensing, for landmine detection by Fido, is hereby 
     reduced by $500,000.
                                 ______
                                 
  SA 708. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 291, between lines 14 and 15, insert the following 
     new section:

     SEC. 1039. AUTHORITY TO PROVIDE HOMELAND SECURITY ASSISTANCE 
                   TO NEW YORK METROPOLITAN TRANSPORTATION 
                   AUTHORITY.

       (a) Authority To Provide Assistance.--(1) The Secretary of 
     the Army, acting through the United States Army 
     Communications and Electronics Research Development Center of 
     the Army Materiel Command, may provide to the New York 
     Metropolitan Transportation Authority the assistance 
     described in paragraph (2).
       (2) The assistance that may be provided under this section 
     is programmatic, technical, and acquisition assistance that 
     utilizes the unique expertise of the Army in

[[Page 12367]]

     land-based command, control, communications, computers, 
     intelligence, surveillance, and reconnaissance (C4ISR) 
     technology in support of the homeland security efforts of the 
     New York Metropolitan Transportation Authority.
       (b) Requirement for Reimbursement.--The Secretary may 
     provide assistance under subsection (a) only to the extent 
     that the Authority reimburses the Secretary for the costs to 
     the Army of providing such assistance.
       (c) Use of Receipts.--The Secretary may retain amounts 
     received under subsection (b) to reimburse the costs of the 
     Army in providing assistance under subsection (a), and such 
     funds shall be credited to appropriations of the Army then 
     currently available for the same purposes.
       (d) Termination of Authority.--The authority under this 
     section expires on September 30, 2010.
                                 ______
                                 
  SA 709. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 332. RANGE MANAGEMENT.

       (a) In General.--Chapter 160 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2711. Range management

       ``(a) Exclusion of Certain Munitions and Other Materials 
     from Solid Waste under Solid Waste Disposal Act.--(1) For 
     purposes of the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.), the term `solid waste' shall not include military 
     munitions, including unexploded ordnance and the constituents 
     thereof, that are or have been deposited incident to their 
     normal and expected use on an operational range and remain 
     thereon, unless such military munitions, including unexploded 
     ordnance and the constituents thereof--
       ``(A) are recovered, collected, and then disposed of by 
     burial or landfilling; or
       ``(B) have migrated off an operational range and are not 
     addressed through a response action under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       ``(2) Military munitions, including unexploded ordnance and 
     the constituents thereof, that are described by subparagraph 
     (A) or (B) of paragraph (1) shall be treated as solid waste 
     for purposes of the Solid Waste Disposal Act, including 
     sections 7002 and 7003 of that Act (42 U.S.C. 6972, 6973), 
     where applicable.
       ``(3) Nothing in this subsection shall be construed to 
     effect the authority of Federal, State, interstate, local 
     regulatory authorities to determine when military munitions, 
     including unexploded ordnance and the constituents thereof 
     but excluding military munitions (including unexploded 
     ordnance and the constituents thereof) that are excluded from 
     solid waste under paragraph (1), are or become hazardous 
     waste for purposes of the Solid Waste Disposal Act.
       ``(b) Exclusion of Certain Actions on Munitions and Other 
     Materials from Release under CERCLA.--(1) For purposes of 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.), the term 
     `release' shall not include the deposit or presence on an 
     operational range of any military munitions, including 
     unexploded ordnance and the constituents thereof, that are or 
     have been deposited thereon incident to their normal and 
     expected used and remain thereon.
       ``(2) For purposes of Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980, the term `release' 
     shall include the deposit off an operational range, or the 
     migration off an operational range, of military munitions, 
     including unexploded ordnance and the constituents thereof.
       ``(3) Notwithstanding paragraphs (1) and (2), the authority 
     of the President under section 106(a) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9606(a)) to take action because there may be 
     an imminent and substantial endangerment to the public health 
     or welfare or the environment because of an actual or 
     threatened release of a hazardous substance includes the 
     authority to take action because of the deposit or presence 
     on an operational range of any military munitions, including 
     unexploded ordnance and the constituents thereof, that are or 
     have been deposited thereon incident to normal and expected 
     use and remain thereon.
       ``(c) Protection of Environment, Safety, and Health.--
     Nothing in this section shall be construed to effect the 
     authority of the Department of Defense to protect the 
     environment, safety, and health on an operational range.
       ``(d) Applicability to Ranges Other Than Operational 
     Ranges.--Nothing in this section shall be construed to effect 
     the legal requirements applicable to military munitions, 
     including unexploded ordnance and the constituents thereof, 
     that have been deposited on an operational range once the 
     range ceases to be an operational range.
       ``(e) Constituents Defined.--In this section, the term 
     `constituents' means any materials originating from military 
     munitions, including unexploded ordnance, explosive and non-
     explosive materials, and the emissions, degradation, or 
     breakdown products of such munitions.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that chapter is amended by adding at the end the 
     following new item:

``2711. Range management.''.
                                 ______
                                 
  SA 710. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1039. PROGRAM TO ENHANCE SUPPORT OF THE AMERICAN PEOPLE 
                   FOR THE MILITARY AND MILITARY SERVICE.

       (a) Program Authorized.--The Secretary of Defense may carry 
     out a program to enhance the support of the American people 
     for the military and military service.
       (b) Program Name.--The program authorized by subsection (a) 
     shall be known as the ``Reconnect with America Program''.
       (c) Activities.--Activities under the program authorized by 
     subsection (a) shall include activities to achieve the 
     following:
       (1) The enhancement of support for the military and 
     military service among those who may not be familiar with the 
     benefits of military service to individuals or society as a 
     whole.
       (2) The creation of advocates for the military and military 
     service among parents, teachers and others who have a 
     significant influence on the career choices made by the youth 
     of America.
       (3) Such other objectives as the Secretary considers 
     appropriate.
       (d) Construction.--The authority under subsection (a) to 
     carry out the program described in that subsection is in 
     addition to any other authority under law to carry out 
     programs intended to enhance the support of the American 
     people for the military and military service.
       (e) Funding.--Of the amount authorized to be appropriated 
     by section 301(5) for operation and maintenance, Defense-
     wide, $42,000,000 may be available for the program authorized 
     by subsection (a).
                                 ______
                                 
  SA 711. Mr. REED (for himself, Mr. Levin, Mr. Feingold, and Mrs. 
Feinstein) proposed an amendment intended to be proposed by him to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 223, and insert the following:

     SEC. 223. OVERSIGHT OF PROCUREMENT, PERFORMANCE CRITERIA, AND 
                   OPERATIONAL TEST PLANS FOR BALLISTIC MISSILE 
                   DEFENSE PROGRAMS.

       (a) Procurement.--(1) Chapter 9 of title 10, United States 
     Code, is amended by inserting after section 223 the following 
     new section:

     ``Sec. 223a. Ballistic missile defense programs: procurement

       ``(a) Budget Justification Materials.--(1) In the budget 
     justification materials submitted to Congress in support of 
     the Department of Defense budget for any fiscal year (as 
     submitted with the budget of the President under section 
     1105(a) of title 31), the Secretary of Defense shall specify, 
     for each ballistic missile defense system element, the 
     following information:
       ``(A) For each ballistic missile defense element for which 
     the Missile Defense Agency is engaged in planning for 
     production and initial fielding, the following information:
       ``(i) The production rate capabilities of the production 
     facilities planned to be used.
       ``(ii) The potential date of availability of the element 
     for initial fielding.
       ``(iii) The expected costs of the initial production and 
     fielding planned for the element.
       ``(iv) The estimated date on which the administration of 
     the acquisition of the element is to be transferred to the 
     Secretary of a military department.
       ``(B) The performance criteria prescribed under subsection 
     (b).
       ``(C) The plans and schedules established and approved for 
     operational testing under subsection (c).
       ``(D) The annual assessment of the progress being made 
     toward verifying performance

[[Page 12368]]

     through operational testing, as prepared under subsection 
     (d).
       ``(2) The information provided under paragraph (1) shall be 
     submitted in an unclassified form, but may include a 
     classified annex as necessary.
       ``(b) Performance Criteria.--(1) The Director of the 
     Missile Defense Agency shall prescribe measurable performance 
     criteria for all planned development phases (known as 
     ``blocks'') of each ballistic missile defense system program 
     element. The performance criteria shall be updated as 
     necessary while the program and any follow-on program remain 
     in development.
       ``(2) The performance criteria prescribed under paragraph 
     (1) for a block of a program for a system shall include, at a 
     minimum, the following:
       ``(A) One or more criteria that specifically describe, in 
     relation to that block, the types and quantities of threat 
     missiles for which the system is being designed as a defense, 
     including the types and quantities of the countermeasures 
     assumed to be employed for the protection of the threat 
     missiles.
       ``(B) One or more criteria that specifically describe, in 
     relation to that block, the intended effectiveness of the 
     system against the threat missiles and countermeasures 
     identified for the purposes of subparagraph (A).
       ``(c) Operational Test Plans.--The Director of Operational 
     Test and Evaluation, in consultation with the Director of the 
     Missile Defense Agency, shall establish and approve for each 
     ballistic missile defense system program element appropriate 
     plans and schedules for operational testing to determine 
     whether the performance criteria prescribed for the program 
     under subsection (b) have been met. The test plans shall 
     include an estimate of when successful performance of the 
     system in accordance with each performance criterion is to be 
     verified by operational testing. The test plans for a program 
     shall be updated as necessary while the program and any 
     follow-on program remain in development.
       ``(d) Annual Testing Progress Reports.--The Director of 
     Operational Test and Evaluation shall perform an annual 
     assessment of the progress being made toward verifying 
     through operational testing the performance of the system 
     under a missile defense system program as measured by the 
     performance criteria prescribed for the program under 
     subsection (b).
       ``(e) Future-Years Defense Program.--The future-years 
     defense program submitted to Congress each year under section 
     221 of this title shall include an estimate of the amount 
     necessary for procurement for each ballistic missile defense 
     system element, together with a discussion of the underlying 
     factors and reasoning justifying the estimate.''.
       (2) The table of contents at the beginning of such chapter 
     9 is amended by inserting after the item relating to section 
     223 the following new item:

``223a. Ballistic missile defense programs: procurement.''.

       (b) Exception for First Assessment.--For the first 
     assessment required under subsection (d) of section 223a of 
     title 10, United States Code (as added by subsection (a))--
       (1) the budget justification materials submitted to 
     Congress in support of the Department of Defense budget for 
     fiscal year 2005 (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code) need not include such assessment; and
       (2) the Director of Operational Test and Evaluation shall 
     submit the assessment to the Committees on Armed Services of 
     the Senate and the House of Representatives not later than 
     July 31, 2004.
                                 ______
                                 
  SA 712. Mrs. HUTCHINSON submitted an amendment intended to be 
proposed by her to the bill S. 1050, to authorize appropriations for 
fiscal year 2004 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following new section:

     SEC. __. AIR FARES FOR MEMBERS OF ARMED FORCES.

       It is the sense of the Senate that each United States air 
     carrier should--
       (1) make every effort to allow active duty members of the 
     armed forces to purchase tickets, on a space-available basis, 
     for the lowest fares offered for the flights desired, without 
     regard to advance purchase requirements and other 
     restrictions; and
       (2) offer flexible terms that allow members of the armed 
     forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, fees, or penalties.
                                 ______
                                 
  SA 713. Mrs. HUTCHINSON submitted an amendment intended to be 
proposed by her to the bill S. 1050, to authorize appropriations for 
fiscal year 2004 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 123, between lines 15 and 16, insert the following:

     SEC. 565. SUPPORT SERVICES FOR FAMILIES OF DEPLOYED MEMBERS 
                   OF THE ARMED FORCES.

       (a) Access to Services.--Chapter 88 of title 10, United 
     States Code, is amended by adding at the end of subchapter I 
     the following new section:

     ``Sec. 1789. Support for families of deployed members

       ``(a) Interservice Family Support Network.--The Secretary 
     of each military department, and the Secretary of Homeland 
     Security with respect to the Coast Guard when it is not 
     operating as a service in the Navy, shall enter into a 
     cooperative agreement to provide an interservice family 
     support network in the United States.
       ``(b) Access to Family Support Services.--The interservice 
     family support network shall be designed to ensure that--
       ``(1) the dependents of each member of the armed forces 
     (including a member of a reserve component of the armed 
     forces) deployed away from the member's permanent duty 
     station (or, in the case of a member of a reserve component, 
     deployed away from the commuting area of the member's 
     residence) have access to family support services at the 
     military installation that is nearest to the dependents' 
     residence, without regard to whether the installation is an 
     installation of the same armed force as the member; and
       ``(2) the appropriate family support services personnel of 
     each such installation administer an ongoing outreach program 
     to establish relationships between the sources of family 
     support services at the installation and dependents of 
     members of reserve components in the population potentially 
     to be served under the circumstances described in paragraph 
     (1).
       ``(c) Reserve Component Family Support Coordinators.--(1) 
     The cooperative agreement entered into under subsection (a) 
     shall provide for the designation of family support 
     coordinators to assist dependents of members of reserve 
     components throughout the United States with the resolution 
     of issues involving access to family support services from 
     the interservice family support network.
       ``(2) The duty to provide services to the dependents of 
     members of the reserve components shall be distributed among 
     the family support coordinators on a geographic basis 
     commensurate with the geographic distribution of the 
     population of such dependents.
       ``(d) Executive Agent for Network.--The Secretaries of the 
     military departments and the Secretary of Homeland Security 
     shall designate the Chief of the National Guard Bureau to 
     serve as executive agent for the administration of the 
     interservice family support network established under the 
     cooperative agreement entered into under subsection (a), 
     including the system of reserve component family support 
     coordinators required under subsection (c).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:
``1789. Support for families of deployed members.''.
                                 ______
                                 
  SA 714. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by her to the bill S. 1050, to authorize appropriations for 
fiscal year 2004 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 291, between lines 14 and 15, insert the following 
     new section:

     SEC. 1039. REWARD FOR INFORMATION LEADING TO THE RESOLUTION 
                   OF THE FATE OF AN AMERICAN POW/MIA OF THE FIRST 
                   GULF WAR.

       (a) Reward Authorized.--The Secretary of Defense is 
     authorized to pay a gratuity or gratuities to an eligible 
     individual or eligible individuals determined by the 
     Secretary to have assisted in determining the whereabouts or 
     status of an American POW/MIA of the First Persian Gulf War.
       (b) Aggregate Amount of Rewards.--The total amount of 
     gratuities paid by the Secretary under subsection (a) may not 
     exceed $250,000.
       (c) Definitions.--In this section:
       (1) American pow/mia of the first persian gulf war.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``American POW/MIA of the First Persian Gulf War'' 
     means an individual--
       (i) who is a member of a uniformed service (within the 
     meaning of section 101(3) of title 37, United States Code) in 
     a missing status (as defined in section 551(2) of such title 
     and

[[Page 12369]]

     this subsection) as a result of Operation Desert Shield/
     Desert Storm; or
       (ii) who is an employee (as defined in section 5561(2) of 
     title 5, United States Code) in a missing status (as defined 
     in section 5561(5) of such title) as a result of Operation 
     Desert Shield/Desert Storm.
       (B) Exclusion.--Such term does not include an individual 
     with respect to whom it is officially determined under 
     section 552(c) of title 37, United States Code, that such 
     individual is officially absent from such individual's post 
     of duty without authority.
       (2) Eligible individual.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``eligible individual'' means an individual who is a 
     national of Iraq or a nation of the Greater Middle East 
     Region (as determined by the Secretary in consultation with 
     the Secretary of State).
       (B) Exceptions.--An individual described in this subsection 
     does not include a terrorist, a persecutor, a person who has 
     been convicted of a serious criminal offense, or a person who 
     presents a danger to the security of the United States, as 
     set forth in clauses (i) through (v) of section 208(b)(2)(A) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1158(b)(2)(A)).
       (3) Missing status.--The term ``missing status'', with 
     respect to Operation Desert Shield/Desert Storm means the 
     status of an individual as a result of Operation Desert 
     Shield/Desert Storm if immediately before that status began 
     the individual--
       (A) was performing service in Kuwait, Iraq, or another 
     nation of the Greater Middle East Region; or
       (B) was performing service in the Greater Middle East 
     Region in direct support of military operations in Kuwait or 
     Iraq.
                                 ______
                                 
  SA 715. Mrs. FEINSTEIN (for herself, Mr. Kennedy, Mr. Feingold, Mr. 
Dayton, Ms. Stabenow, Mr. Reed, Mr. Durbin, Mr. Bingaman, Mr. Jeffords, 
and Mr. Biden) proposed an amendment to the bill S. 1050, to authorize 
appropirations for fiscal year 2004 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       Strike section 3131.
                                 ______
                                 
  SA 716. Ms. LANDRIEU submitted an amendment to the bill S. 1050, to 
authorize appropirations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XXVIII, add the following 
     new section:

     SEC. 2825. PROPERTY CONVEYANCE, LOUISIANA ARMY AMMUNITION 
                   PLANT, DOYLINE, LOUISIANA.

       (a) Identification of Covered Property.--This section 
     applies specifically to the Louisiana Army Ammunition Plant 
     (in this section referred to as the ``Plant'') in Doyline, 
     Louisiana, consisting of approximately 14,949 acres, of which 
     13,665 acres are under license to the Military Department of 
     the State of Louisiana and 1,284 acres are used by the Army 
     Joint Munitions Command.
       (b) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, 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 the real 
     property, including improvements thereon, that constitutes 
     the Plant. The deed or other instrument of conveyance shall 
     contain the conditions specified in subsections (d) and (e), 
     specify that the United States and the State agree to such 
     conditions, and specify that, if the State engages in a 
     material breach of the conditions, title to the real 
     property, including any improvements thereon, shall revert to 
     the United States at the election of the Secretary.
       (c) Transfer of Equipment and Personal Property.--(1) As 
     part of the conveyance under subsection (b), the Secretary 
     may transfer, without consideration, to the State any Federal 
     equipment and other items of Federal personal property that 
     are in use or reserved for use at the Plant as of the date of 
     the enactment of this Act. The transfer of equipment and 
     personal property under the authority of this subsection is 
     limited to equipment and personal property required for use 
     by the Louisiana National Guard, as determined by the 
     Secretary.
       (2) In the case of Federal equipment and other items of 
     Federal personal property that are in use or reserved for use 
     at the Plant as of the date of the enactment of this Act and 
     that are not transferred under paragraph (1), the Secretary 
     may sell the equipment and personal property and retain the 
     proceeds from such sales for environmental remediation of the 
     Plant.
       (d) Conditions of Conveyance.--(1) The State shall use the 
     real property conveyed under subsection (a), and any 
     equipment or other property transferred under subsection 
     (c)(1), for purposes of training and supporting the National 
     Guard and military forces of the United States, for promoting 
     and supporting reuse of infrastructure for industrial or 
     other economic development, and for such other purposes as 
     the Secretary may authorize.
       (2) The Secretary and the State shall negotiate the terms 
     of the conveyance such that the conveyance may become a model 
     of a public-private partnership. As such, the terms of the 
     conveyance may include any or all of the following:
       (A) Sharing in revenues from tenants located at the Plant 
     as a result of the Armament Retooling and Manufacturing 
     Support program and from the divestment and sale of the 
     equipment.
       (B) The State shall honor and continue all real estate 
     agreements made by the Army and the facility use contractor 
     through the existing terms of those instruments after the 
     conveyance, as determined by the Secretary.
       (C) Subject to subsection (g), the State shall obtain 
     sufficient revenue, including revenue derived from timber, 
     water, and other natural reserves located on the real 
     property and managed in accordance with sound conservation 
     practices, to maintain and improve the conveyed property for 
     purposes of training and supporting the National Guard and 
     military forces of the United States and for promoting and 
     supporting reuse of infrastructure for industrial or other 
     economic development.
       (3) For purposes of monitoring the extent to which the 
     conveyed property is being used in accordance with the 
     requirements of this section, the Secretary shall be given 
     access to such documents as the Secretary determines to be 
     necessary, and the Secretary may require the advance approval 
     by the Secretary for such contracts, conveyances of real or 
     personal property, or other transactions regarding the 
     conveyed property as the Secretary determines to be 
     necessary.
       (4) The cost and responsibility for the monitoring of any 
     agreed to land use controls shall be borne by the State.
       (e) Activities of Army Joint Munition Command.--(1) The 
     State shall permit the Army Joint Munitions Command (or its 
     successor commands) to continue to utilize those portions of 
     the Plant utilized by the Army Joint Munitions Command as of 
     the date on which the conveyance under subsection (b) is 
     made.
       (2) The conveyance shall provide for the orderly transition 
     of any operational permits which may be needed for the 
     continued operation, either by the Army or any current 
     tenants. The time limit for that transition shall be 
     negotiated between the parties, but need not take place 
     before the actual conveyance.
       (3) The Army Joint Munitions Command and the State shall 
     each comply with the duties and obligations imposed on them 
     pursuant to the agreement entitled ``Memorandum of Agreement 
     Between the U.S. Army Industrial Operations Command and the 
     Military Department, State of Louisiana, Through the Adjutant 
     General for the Transfer of Training Lands at the Louisiana 
     Army Ammunition Plant'', dated April 26, 2000, until such 
     time as Army Joint Munitions Command terminates operations at 
     the Plant. Thereafter, the Army Joint Munitions Command shall 
     continue to be responsible for and retain responsibility for 
     existing environmental clean-up, remediation, and restoration 
     of all known and unknown environmental contamination and 
     liability for all parcels of land, associated ground waters, 
     and surface waters within the conveyed property according to 
     the terms of the agreement, as provided in the agreement and 
     according to law.
       (4) In the case of any waste products stored at the 
     conveyed property by the Army Joint Munitions Command or its 
     agents, contractors, or licensees, other than the State, as 
     of the date of the conveyance under subsection (b), the 
     United States shall retain title to, and responsibility for, 
     the products.
       (f) Maintenance of Cemeteries.--Upon completion of the 
     conveyance under subsection (b), the State shall assume 
     responsibility for the nine cemeteries located on the 
     conveyed property.
       (g) Mineral Rights.--The United States shall retain all 
     mineral rights associated with the Plant, and the Secretary 
     may sell the minerals, on behalf of the United States, and 
     retain and use the proceeds from such sales for environmental 
     remediation of the Plant.
       (h) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (b) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the State.
       (i) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 717. Ms. LANDRIEU submitted an amendment to the bill S. 1050, to 
authorize appropirations for fiscal year

[[Page 12370]]

2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 291, between lines 14 and 15, insert the following:

     SEC. 1039. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE 
                   NATIONAL GUARD CHALLENGE PROGRAM.

       (a) Maximum Federal Share.--Section 509(d) of title 32, 
     United States Code, is amended--
       (1) by striking paragraphs (1), (2), and (3);
       (2) by redesignating paragraph (4) as paragraph (1);
       (3) in paragraph (1), as so redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (4) by adding at the end the following new paragraph (2);
       ``(2) for fiscal year 2004 (notwithstanding paragraph (1)), 
     65 percent of the costs of operating the State program during 
     that year.''.
       (b) Amount for Federal Assistance.--(1) The amount 
     authorized to be appropriated under section 301(1) is hereby 
     increased by $6,000,000.
       (2) Of the total amount authorized to be appropriated under 
     section 301(1), $71,200,000 shall be available for the 
     National Guard Challenge Program under section 509 of title 
     32, United States Code.
       (3) The total amount authorized to be appropriated under 
     section 3101(a)(1) is hereby reduced by $6,000,000, to be 
     derived from the amount provided for the Robust Nuclear Earth 
     Penetrator program.
                                 ______
                                 
  SA 718. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 291, between lines 14 and 15, insert the following:

     SEC. 1039. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE 
                   NATIONAL GUARD CHALLENGE PROGRAM.

       (a) Maximum Federal Share.--Section 509(d) of title 32, 
     United States Code, is amended by striking paragraphs (1), 
     (2), (3), and (4), and inserting the following:
       ``(1) for fiscal year 2004 and each fiscal year after 
     fiscal year 2006, 65 percent of the costs of operating the 
     State program during that year; and
       ``(2) for each of fiscal years 2005 and 2006, 70 percent of 
     the costs of operating the State program during that year.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2003.
                                 ______
                                 
  SA 719. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 291, between lines 14 and 15, insert the following 
     new section:

     SEC. 1039. DESIGNATION OF AMERICA'S NATIONAL WORLD WAR II 
                   MUSEUM.

       (a) Findings.--Congress makes the following findings:
       (1) The National D-Day Museum, operated in New Orleans, 
     Louisiana by an educational foundation, has been established 
     with the vision ``to celebrate the American Spirit''.
       (2) The National D-Day Museum is the only museum in the 
     United States that exists for the exclusive purpose of 
     interpreting the American experience during the World War II 
     years (1939-1945) on both the battlefront and the home front 
     and, in doing so, covers all of the branches of the Armed 
     Forces and the Merchant Marine.
       (3) The National D-Day Museum was founded by the preeminent 
     American historian, Stephen E. Ambrose, as a result of a 
     conversation with President Dwight D. Eisenhower in 1963, 
     when the President and former Supreme Commander, Allied 
     Expeditionary Forces in Europe, credited Andrew Jackson 
     Higgins, the chief executive officer of Higgins Industries in 
     New Orleans, as the ``man who won the war for us'' because 
     the 12,000 landing craft designed by Higgins Industries made 
     possible all of the amphibious invasions of World War II and 
     carried American soldiers into every theatre of the war.
       (4) The National D-Day Museum, since its grand opening on 
     June 6, 2000, the 56th anniversary of the D-Day invasion of 
     Normandy, has attracted nearly 1,000,000 visitors from around 
     the world, 85 percent of whom have been Americans from across 
     the country.
       (5) American World War II veterans, called the ``greatest 
     generation'' of the Nation, are dying at the rapid rate of 
     more than 1,200 veterans each day, creating an urgent need to 
     preserve the stories, artifacts, and heroic achievements of 
     that generation.
       (6) The United States has a need to preserve forever the 
     knowledge and history of the Nation's most decisive 
     achievement in the 20th century and to portray that history 
     to citizens, visitors, and school children for centuries to 
     come.
       (7) Congress, recognizing the need to preserve this 
     knowledge and history, appropriated funds in 1992 to 
     authorize the design and construction of The National D-Day 
     Museum in New Orleans to commemorate the epic 1944 Normandy 
     invasion, and subsequently appropriated additional funds in 
     1998, 2000, 2001, and 2002, to help expand the exhibits in 
     the museum to include the D-Day invasions in the Pacific 
     Theatre of Operations and the other campaigns of World War 
     II.
       (8) The State of Louisiana and thousands of donors and 
     foundations across the country have contributed millions of 
     dollars to help build this national institution.
       (9) The Board of Trustees of The National D-Day Museum is 
     national in scope and diverse in its makeup.
       (10) The World War II Memorial now under construction on 
     the National Mall in Washington, the District of Columbia, 
     will always be the memorial in our Nation where people come 
     to remember America's sacrifices in World War II, while The 
     National D-Day Museum will always be the museum of the 
     American experience in the World War II years (1939-1945), 
     where people come to learn about Americans' experiences 
     during that critical period, as well as a place where the 
     history of our Nation's monumental struggle against worldwide 
     aggression by would-be oppressors is preserved so that future 
     generations can understand the role the United States played 
     in the preservation and advancement of democracy and freedom 
     in the middle of the 20th century.
       (11) The National D-Day Museum seeks to educate a diverse 
     group of audiences through its collection of artifacts, 
     photographs, letters, documents, and first-hand personal 
     accounts of the participants in the war and on the home front 
     during one of history's darkest hours.
       (12) The National D-Day Museum is devoted to the combat 
     experience of United States citizen soldiers in all of the 
     theatres of World War II and to the heroic efforts of the men 
     and women on the home front who worked tirelessly to support 
     the troops and the war effort.
       (13) The National D-Day Museum continues to add to and 
     maintain one of the largest personal history collections in 
     the United States of the men and women who fought in World 
     War II and who served on the home front.
       (14) No other museum describes as well the volunteer spirit 
     that arose throughout the United States and united the 
     country during the World War II years.
       (15) The National D-Day Museum is engaged in a 250,000 
     square foot expansion to include the Center for the Study of 
     the American Spirit, an advanced format theatre, and a new 
     United States pavilion.
       (16) The planned ``We're All in this Together'' exhibit 
     will describe the role every State, commonwealth, and 
     territory played in World War II, and the computer database 
     and software of The National D-Day Museum's educational 
     program will be made available to the teachers and school 
     children of every State, commonwealth, and territory.
       (17) The National D-Day Museum is an official Smithsonian 
     affiliate institution with a formal agreement to borrow 
     Smithsonian artifacts for future exhibitions.
       (18) Le Memorial de Caen in Normandy, France has formally 
     recognized The National D-Day Museum as its official partner 
     in a Patriotic Alliance signed on October 16, 2002, by both 
     museums.
       (19) The official Battle of the Bulge museums in Luxembourg 
     and the American Battlefield Monuments Commission are already 
     collaborating with The National D-Day Museum on World War II 
     exhibitions.
       (20) Congress made available $4,200,000 in fiscal year 2002 
     and $3,000,000 in fiscal year 2003 in Department of Defense 
     appropriations Acts for the purpose of planning the expansion 
     of The National D-Day Museum to tell the untold stories from 
     the campaigns of World War II, and to design new exhibits on 
     the war on land, at sea, and in the air, the China-Burma-
     India theatre, the Japanese invasion of Alaska's Aleutian 
     Islands, the roles of women and African-Americans in World 
     War II, and other relevant subjects.
       (21) For all of these reasons, it is appropriate to 
     designate The National D-Day Museum as ``America's National 
     World War II Museum''.
       (b) Purposes.--The purposes of this section are, through 
     the designation of The National D-Day Museum as ``America's 
     National World War II Museum'', to express the United States 
     Government's support for--
       (1) the continuing preservation, maintenance, and 
     interpretation of the artifacts,

[[Page 12371]]

     documents, images, and history collected by the museum;
       (2) the education of the American people as to the American 
     experience in combat and on the home front during the World 
     War II years, including the conduct of educational outreach 
     programs for teachers and students throughout the United 
     States;
       (3) the operation of a premier facility for the public 
     display of artifacts, photographs, letters, documents, and 
     personal histories from the World War II years (1939-1945);
       (4) the further expansion of the current European and 
     Pacific campaign exhibits in the museum, including the Center 
     for the Study of the American Spirit for education; and
       (5) ensuring the understanding by all future generations of 
     the magnitude of the American contribution to the Allied 
     victory in World War II, the sacrifices made to preserve 
     freedom and democracy, and the benefits of peace for all 
     future generations in the 21st century and beyond.
       (c) Designation of ``America's National World War II 
     Museum''.--The National D-Day Museum, New Orleans, Louisiana, 
     is designated as ``America's National World War II Museum''.
                                 ______
                                 
  SA 720. Mr. KENNEDY (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by her to the bill S. 1050, to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:
 Subtitle F--Naturalization and Family Protection for Military Members

     SEC. 661. SHORT TITLE.

       This subtitle may be cited as the ``Naturalization and 
     Family Protection for Military Members Act of 2003''.

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

       (a) Reduction of Period for Required Service.--Section 
     328(a) of the Immigration and Nationality Act (8 U.S.C. 
     1439(a)) is amended by striking ``three years'' and inserting 
     ``2 years''.
       (b) Prohibition on Imposition of Fees Relating to 
     Naturalization.--Title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.) is amended--
       (1) in section 328(b)--
       (A) in paragraph (3)--
       (i) by striking ``honorable. The'' and inserting 
     ``honorable (the''; and
       (ii) by striking ``discharge.'' and inserting ``discharge); 
     and''; and
       (B) by adding at the end the following:
       ``(4) notwithstanding any other provision of law, no fee 
     shall be charged or collected from the applicant for filing a 
     petition for naturalization or for the issuance of a 
     certificate of naturalization upon citizenship being granted 
     to the applicant, and no clerk of any State court shall 
     charge or collect any fee for such services unless the laws 
     of the State require such charge to be made, in which case 
     nothing more than the portion of the fee required to be paid 
     to the State shall be charged or collected.''; and
       (2) in section 329(b)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) notwithstanding any other provision of law, no fee 
     shall be charged or collected from the applicant for filing a 
     petition for naturalization or for the issuance of a 
     certificate of naturalization upon citizenship being granted 
     to the applicant, and no clerk of any State court shall 
     charge or collect any fee for such services unless the laws 
     of the State require such charge to be made, in which case 
     nothing more than the portion of the fee required to be paid 
     to the State shall be charged or collected.''.
       (c) Naturalization Proceedings Overseas for Members of the 
     Armed Forces.--Notwithstanding any other provision of law, 
     the Secretary of Homeland Security, the Secretary of State, 
     and the Secretary of Defense shall ensure that any 
     applications, interviews, filings, oaths, ceremonies, or 
     other proceedings under title III of the Immigration and 
     Nationality Act (8 U.S.C. 1401 et seq.) relating to 
     naturalization of members of the Armed Forces are available 
     through United States embassies, consulates, and as 
     practicable, United States military installations overseas.
       (d) Technical and Conforming Amendment.--Section 328(b)(3) 
     of the Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) 
     is amended by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''.

     SEC. 663. NATURALIZATION BENEFITS FOR MEMBERS OF THE SELECTED 
                   RESERVE OF THE READY RESERVE.

       Section 329(a) of the Immigration and Nationality Act (8 
     U.S.C. 1440(a)) is amended by inserting ``as a member of the 
     Selected Reserve of the Ready Reserve or'' after ``has served 
     honorably''.

     SEC. 664. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING 
                   SPOUSES, CHILDREN, AND PARENTS.

       (a) Treatment as Immediate Relatives.--
       (1) Spouses.--Notwithstanding the second sentence of 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who 
     was the spouse of a citizen of the United States at the time 
     of the citizen's death and was not legally separated from the 
     citizen at the time of the citizen's death, if the citizen 
     served honorably in an active duty status in the military, 
     air, or naval forces of the United States and died as a 
     result of injury or disease incurred in or aggravated by that 
     service, the alien (and each child of the alien) shall be 
     considered, for purposes of section 201(b) of such Act, to 
     remain an immediate relative after the date of the citizen's 
     death, but only if the alien files a petition under section 
     204(a)(1)(A)(ii) of such Act within 2 years after such date 
     and only until the date the alien remarries. For purposes of 
     such section 204(a)(1)(A)(ii), an alien granted relief under 
     the preceding sentence shall be considered an alien spouse 
     described in the second sentence of section 201(b)(2)(A)(i) 
     of such Act.
       (2) Children.--
       (A) In general.--In the case of an alien who was the child 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen served honorably in an active 
     duty status in the military, air, or naval forces of the 
     United States and died as a result of injury or disease 
     incurred in or aggravated by that service, the alien shall be 
     considered, for purposes of section 201(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)), to remain an 
     immediate relative after the date of the citizen's death 
     (regardless of changes in age or marital status thereafter), 
     but only if the alien files a petition under subparagraph (B) 
     within 2 years after such date.
       (B) Petitions.--An alien described in subparagraph (A) may 
     file a petition with the Secretary of Homeland Security for 
     classification of the alien under section 201(b)(2)(A)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1151(b)(2)(A)(i)). For purposes of such Act, such a petition 
     shall be considered a petition filed under section 
     204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
       (3) Parents.--
       (A) In general.--In the case of an alien who was the parent 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen served honorably in an active 
     duty status in the military, air, or naval forces of the 
     United States and died as a result of injury or disease 
     incurred in or aggravated by that service, the alien shall be 
     considered, for purposes of section 201(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)), to remain an 
     immediate relative after the date of the citizen's death 
     (regardless of changes in age or marital status thereafter), 
     but only if the alien files a petition under subparagraph (B) 
     within 2 years after such date.
       (B) Petitions.--An alien described in subparagraph (A) may 
     file a petition with the Secretary of Homeland Security for 
     classification of the alien under section 201(b)(2)(A)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1151(b)(2)(A)(i)). For purposes of such Act, such a petition 
     shall be considered a petition filed under section 
     204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
       (C) Exception.--Notwithstanding section 201(b)(2)(A)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1151(b)(2)(A)(i)), for purposes of this paragraph, a citizen 
     described in subparagraph (A) does not have to be 21 years of 
     age for a parent to benefit under this paragraph.
       (b) Applications for Adjustment of Status by Surviving 
     Spouses, Children, and Parents.--
       (1) In general.--Notwithstanding subsections (a) and (c) of 
     section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255), any alien who was the spouse, child, or parent of an 
     alien described in paragraph (2), and who applied for 
     adjustment of status prior to the death described in 
     paragraph (2)(B), may have such application adjudicated as if 
     such death had not occurred.
       (2) Alien described.--An alien is described in this 
     paragraph if the alien--
       (A) served honorably in an active duty status in the 
     military, air, or naval forces of the United States;
       (B) died as a result of injury or disease incurred in or 
     aggravated by that service; and
       (C) was granted posthumous citizenship under section 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1440-1).
       (c) Spouses and Children of Lawful Permanent Resident 
     Aliens.--
       (1) Treatment as immediate relatives.--
       (A) In general.--A spouse or child of an alien described in 
     paragraph (3) who is included in a petition for 
     classification as a family-sponsored immigrant under section 
     203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1153(a)(2)) that was filed by such alien, shall be considered 
     (if the spouse or child has not been admitted or approved for 
     lawful permanent residence by such date)

[[Page 12372]]

     a valid petitioner for immediate relative status under 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall 
     be eligible for deferred action, advance parole, and work 
     authorization.
       (B) Petitions.--An alien spouse or child described in 
     subparagraph (A) may file a petition with the Secretary of 
     Homeland Security for classification of the alien under 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
     such a petition shall be considered a petition filed under 
     section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
       (2) Self-petitions.--Any spouse or child of an alien 
     described in paragraph (3) who is not a beneficiary of a 
     petition for classification as a family-sponsored immigrant 
     may file a petition for such classification under section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland 
     Security, but only if the spouse or child files a petition 
     within 2 years after such date. Such spouse or child shall be 
     eligible for deferred action, advance parole, and work 
     authorization.
       (3) Alien described.--An alien is described in this 
     paragraph if the alien--
       (A) served honorably in an active duty status in the 
     military, air, or naval forces of the United States;
       (B) died as a result of injury or disease incurred in or 
     aggravated by that service; and
       (C) was granted posthumous citizenship under section 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1440-1).
       (d) Parents of Lawful Permanent Resident Aliens.--
       (1) Self-petitions.--Any parent of an alien described in 
     paragraph (2) may file a petition for classification under 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files 
     a petition within 2 years after such date. For purposes of 
     such Act, such petition shall be considered a petition filed 
     under section 204(a)(1)(A) of such Act (8 U.S.C. 
     1154(a)(1)(A)). Such parent shall be eligible for deferred 
     action, advance parole, and work authorization.
       (2) Alien described.--An alien is described in this 
     paragraph if the alien--
       (A) served honorably in an active duty status in the 
     military, air, or naval forces of the United States;
       (B) died as a result of injury or disease incurred in or 
     aggravated by that service; and
       (C) was granted posthumous citizenship under section 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1440-1).
       (e) Adjustment of Status.--Notwithstanding subsections (a) 
     and (c) of section 245 of the Immigration and Nationality Act 
     (8 U.S.C. 1255), an alien physically present in the United 
     States who is the beneficiary of a petition under paragraph 
     (1), (2)(B), or (3)(B) of subsection (a), paragraph (1)(B) or 
     (2) of subsection (c), or subsection (d)(1) of this section, 
     may apply to the Secretary of Homeland Security for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.
       (f) Waiver of Certain Grounds of Inadmissibility.--In 
     determining the admissibility of any alien accorded an 
     immigration benefit under this section, the grounds for 
     inadmissibility specified in paragraphs (4), (6), (7), and 
     (9) of section 212(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)) shall not apply.
       (g) Benefits to Survivors; Technical Amendment.--Section 
     329A of the Immigration and Nationality Act (8 U.S.C. 1440-1) 
     is amended--
       (1) by striking subsection (e); and
       (2) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security''.
       (h) Technical and Conforming Amendments.--Section 319(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1430(d)) is 
     amended--
       (1) by inserting ``, child, or parent'' after ``surviving 
     spouse'';
       (2) by inserting ``, parent, or child'' after ``whose 
     citizen spouse''; and
       (3) by striking ``who was living'' and inserting ``who, in 
     the case of a surviving spouse, was living''.

     SEC. 665. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle 
     shall take effect as if enacted on September 11, 2001.
                                 ______
                                 
  SA 721. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 276, between lines 5 and 6, insert the following 
     new section:

     SEC. 1025. REPORT ON THE NUMBER OF UNITED STATES TROOPS IN 
                   IRAQ.

       (a) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, and every 30 days thereafter, 
     the Secretary of Defense shall submit to Congress a report on 
     the number of members of the United States Armed Forces in 
     Iraq at such time.
       (b) Termination of Requirement.--No report shall be 
     required under subsection (a) after the month that begins on 
     the date that is 2 years after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 722. Mr. LAUTENBERG (for himself and Mr. Jeffords) submitted an 
amendment intended to be proposed by him to the bill S. 1050, to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 48, beginning on line 16, strike ``if the Secretary 
     determines that'' and all that follows through page 48, line 
     20, and insert the following: ``if the Secretary of the 
     Interior determines in writing that--
       ``(1) the management activities identified in the plan will 
     effectively conserve the threatened species and endangered 
     species within the lands or areas covered by the plan; and
       ``(2) the plan provides assurances that adequate funding 
     will be provided for such management activities.
                                 ______
                                 
  SA 723. Mr. LOTT (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill S. 1050, to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 25, between lines 11 and 12, and insert the 
     following:

     SEC. 213. COMPOSITE SAIL TEST ARTICLES.

       Of the total amount authorized to be appropriated under 
     section 201(2) for Virginia-class submarine development, 
     $2,000,000 shall be available for the development and 
     fabrication of composite sail test articles for incorporation 
     into designs for future submarines.
                                 ______
                                 
  SA 724. Mr. COCHRAN (for himself, Mr. Reed, Mr. Chambliss, Mr. Nelson 
of Nebraska, Ms. Mikulski, and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 1050, to authorize 
appropriations for fiscal year 2004 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 40, between lines 7 and 8, insert the following:

     SEC. 235. COPRODUCTION OF ARROW BALLISTIC MISSILE DEFENSE 
                   SYSTEM.

       Of the total amount authorized to be appropriated under 
     section 201 for ballistic missile defense, $115,000,000 shall 
     be available for coproduction of the Arrow ballistic missile 
     defense system.
                                 ______
                                 
  SA 725. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 833.
                                 ______
                                 
  SA 726. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1050, to authorize appropriations for 
fiscal year 2004 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     3135: INCLUSION OF CONVENTIONAL EARTH PENETRATOR IN 
                   FEASIBILITY STUDY FOR ROBUST NUCLEAR EARTH 
                   PENETRATOR.

       (a) Requirement.--The Secretary of Energy shall include in 
     the feasibility study for

[[Page 12373]]

     the Robust Nuclear Earth Penetrator program a conventional 
     earth penetrator option.
       (b) Availability of Funds.--Amounts authorized to be 
     appropriated by section 3101(a)(1) and available for the 
     Robust Nuclear Earth Penetrator program shall be available to 
     meet the requirement under subsection (a).
                                 ______
                                 
  SA 727. Mr. BUNNING (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed by him to the bill S. 1050, to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 17, after line 25, add the following:
       (5) The Phalanx Close in Weapon System program, Block 1B.
                                 ______
                                 
  SA 728. Mr. BUNNING submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 926. PROHIBITION ON USE OF FUNDS FOR ACTIVITIES RELATING 
                   TO CERTAIN REDUCTIONS IN NUMBER OF C-130 
                   AIRCRAFT ASSIGNED TO UNITS OF THE AIR NATIONAL 
                   GUARD.

       Notwithstanding any other provision of law, no funds 
     authorized to be appropriated or otherwise made available for 
     the Department of Defense by this Act may be used to plan or 
     implement a reduction in the number of C-130 aircraft 
     assigned to a unit of the Air National Guard of a State below 
     the number of C-130 aircraft assigned to that unit as of 
     October 1, 2002, if that unit is the only unit of the Air 
     National Guard in such State.
                                 ______
                                 
  SA 729. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

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

       (a) Increase in Authorization of Appropriations for Army 
     Reserve.--The amount authorized to be appropriated by section 
     301(6) for operation and maintenance for the Army Reserve is 
     hereby increased by $3,000,000.
       (b) Availability for Information Operations Sustainment.--
     (1) Of the amount authorized to be appropriated by section 
     301(6) for operation and maintenance for the Army Reserve, as 
     increased by subsection (a), $3,000,000 shall be available 
     for Information Operations (Account #19640) for Land Forces 
     Readiness-Information Operations Sustainment.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force is hereby reduced by $3,000,000, 
     with the amount of the reduction to be allocated to Advanced 
     Aluminum Aerostructures (PE 603211F).
                                 ______
                                 
  SA 730. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 835. INCLUSION OF MATERIALS AND COMPONENTS OF CLOTHING 
                   UNDER ``BERRY AMENDMENT''.

       Section 2533a(b)(1)(B) of title 10, United States Code, is 
     amended by inserting before the semicolon the following: ``, 
     including the materials and components thereof''.
                                 ______
                                 
  SA 731. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 624. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAPONS OF 
                   MASS DESTRUCTION CIVIL SUPPORT TEAM.

       (a) In General.--(1) Chapter 5 of title 37, United States 
     Code, is amended by inserting after section 305a the 
     following new section:

     ``Sec. 305b. Special pay: service as member of Weapons of 
       Mass Destruction Civil Support Team

       ``(a) Availability of Special Pay.--The Secretary of a 
     military department may pay special pay under this section to 
     a member of the armed forces under the jurisdiction of that 
     Secretary who is entitled to basic pay under section 204 and 
     is assigned by orders to duty as a member of a Weapons of 
     Mass Destruction Civil Support Team.
       ``(b) Monthly Rate.--Special pay payable under subsection 
     (a) shall be paid at a rate equal to $150 a month.
       ``(c) Eligibility of Reserve Component Members When 
     Performing Inactive Duty Training.--Under regulations 
     prescribed by the Secretary concerned and to the extent 
     provided for in appropriation Acts, when a member of a 
     reserve component of the armed forces who is entitled to 
     compensation under section 206 of this title performs duty 
     under orders as a member of a Weapons of Mass Destruction 
     Civil Support Team, the member may be paid an increase in 
     compensation equal to \1/30\ of the monthly special pay 
     specified in subsection (b) for each day on which the member 
     performs such duty.
       ``(d) Definition.--In this section, the term `Weapons of 
     Mass Destruction Civil Support Team' means a team of members 
     of the reserve components of the armed forces that is 
     established under section 12310(c) of title 10 in support of 
     emergency preparedness programs to prepare for or to respond 
     to any emergency involving the use of a weapon of mass 
     destruction.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     305a the following new item:

``305b. Special pay: service as member of Weapons of Mass Destruction 
              Civil Support Team.''.

       (b) Effective Date.--Section 305b of title 37, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2003.
                                 ______
                                 
  SA 732. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 3131, add at the end the following:
       (c) Report.--Not later than March 1, 2004, the Secretary of 
     Defense and the Secretary of State shall jointly submit to 
     Congress a report assessing the effects on the proliferation 
     goals, objectives, and activities of the United States of the 
     repeal of section 3136 of the National Defense Authorization 
     Act for Fiscal Year 1994, including the effects of the repeal 
     of the prohibition on activities carried out under the 
     Cooperative Threat Reduction program.
                                 ______
                                 
  SA 733. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 3131, add at the end the following:
       (c) Report.--Not later than March 31, 2004, the National 
     Academy of Sciences shall submit to Congress a report 
     containing the determination of the National Academy of 
     Sciences whether or not the repeal of the prohibition on 
     research and development of low-yield nuclear weapons in 
     section 3136 of the National Defense Authorization Act for 
     Fiscal Year 1994 constitutes a requirement for the testing of 
     low-yield nuclear weapons.

[[Page 12374]]


                                 ______
                                 
  SA 734. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by her to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF SYMBOLS OF UNITED STATES ARMED 
                   FORCES ON FIREARMS.

       Section 922 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(z) Prohibition on Use of Symbols of United States Armed 
     Forces on Firearms.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `armed forces of the United States' means 
     the Army, Navy, Air Force, Marine Corps, and Coast Guard; and
       ``(B) the term `civilian firearm' means any firearm that is 
     available to the public, but does not include any firearm 
     owned and controlled by the armed forces of the United 
     States.
       ``(2) Unlawful acts.--It shall be unlawful for any person 
     to knowingly manufacture, sell, or transfer a civilian 
     firearm that--
       ``(A) bears any symbol, seal, emblem, insignia, name, or 
     likeness of the armed forces of the United States, or any 
     subdivision thereof; or
       ``(B) can reasonably be mistaken for a firearm described 
     under subparagraph (A).''.
                                 ______
                                 
  SA 735. Mr. NELSON of Florida (for himself, Mr. Kennedy, and Mrs. 
Clinton) submitted an amendment intended to be proposed by her to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 565. MODIFICATION OF COMMENCEMENT AND TERMINATION OF 
                   TRANSITIONAL COMPENSATION FOR DEPENDENTS OF 
                   MEMBERS OF THE ARMED FORCES SEPARATED FOR 
                   DEPENDENT ABUSE.

       (a) Commencement.--Paragraph (1)(A) of section 1059(e) of 
     title 10, United States Code, is amended by striking ``shall 
     commence'' and all that follows and inserting ``shall 
     commence--
         ``(i) as of the date the court-martial sentence is 
     adjudged if the sentence, as adjudged, includes a dismissal, 
     dishonorable discharge, bad conduct discharge, or forfeiture 
     of all pay and allowances; or
         ``(ii) if a pretrial agreement provides for a disapproval 
     or suspension of the dismissal, dishonorable discharge, bad 
     conduct discharge, or forfeiture of all pay and allowances, 
     as of the date of the approval of the court-martial sentence 
     by the person acting under section 860(c) of this title 
     (article 60(c) of the Uniform Code of Military Justice) if 
     the sentence, as approved, includes a dismissal, dishonorable 
     discharge, bad conduct discharge, or forfeiture of all pay 
     and allowances; and''.
       (b) Termination.--Paragraph (3)(A) of such section is 
     amended by striking ``and each such punishment'' and all that 
     follows through ``or mitigated'' and inserting ``and the 
     conviction is disapproved by the person acting under section 
     860(c) of this title (article 60(c) of the Uniform Code of 
     Military Justice) or set aside, or each such punishment 
     applicable to the member under the sentence is disapproved by 
     the person so acting, remitted, set aside, suspended, or 
     mitigated''.
                                 ______
                                 
  SA 736. Mr. NELSON of Florida (for himself, Mr. Kennedy, and Mrs. 
Clinton) submitted an amendment intended to be proposed by her to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 565. REVIEWS OF FATALITIES ARISING FROM DOMESTIC 
                   VIOLENCE OR CHILD ABUSE INVOLVING MEMBERS OF 
                   THE ARMED FORCES.

       (a) Reviews Authorized.--Subchapter I of chapter 88 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 1789. Review of fatalities arising from domestic 
       violence or child abuse involving members of the armed 
       forces

       ``(a) Reviews Authorized.--The Secretary of the military 
     department concerned may provide for the impartial review, on 
     a multidisciplinary basis, of any fatality known or suspected 
     to have resulted from domestic violence or child abuse 
     involving any of the following:
       ``(1) A member of the armed forces.
       ``(2) A current or former dependent of a member of the 
     armed forces.
       ``(3) A current or former intimate partner of a member of 
     the armed forces who has a child in common with the member or 
     has shared a common domicile with the member.
       ``(b) Administrative Matters.--(1) Any review conducted 
     under subsection (a) shall comply with the provisions of 
     section 552a of title 5 (commonly referred to as the Privacy 
     Act of 1974).
       ``(2) Documents prepared for the internal deliberations of 
     a team conducting a review under subsection (a), and any 
     records of such deliberations, shall not be made public under 
     section 552 of title 5 (commonly referred to as the Freedom 
     of Information Act).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

       ``1789. Review of fatalities arising from domestic violence 
           or child abuse involving members of the armed 
           forces.''.
                                 ______
                                 
  SA 737. Mr. NELSON of Florida (for himself, Mr. Kennedy, and Mrs. 
Clinton) submitted an amendment intended to be proposed by her to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 565. CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES FOR 
                   DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO 
                   HAVE COMMITTED DEPENDENT ABUSE.

       Section 406(h) of title 37, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4)(A) If the Secretary concerned makes a determination 
     described in subparagraph (B) with respect to the spouse or a 
     dependent of a member described in that subparagraph and a 
     request described in subparagraph (C) has been by the spouse 
     or on behalf of such dependent, the Secretary may provide any 
     benefit authorized for a member under paragraph (1) or (3) to 
     the spouse or such dependent in lieu of providing such 
     benefit to the member.
       ``(B) A determination described in this subparagraph is a 
     determination by the commanding officer of a member that--
       ``(i) the member has committed a dependent-abuse offense 
     against the spouse or a dependent of the member;
       ``(ii) a safety plan and counseling have been provided to 
     the spouse or such dependent;
       ``(iii) the safety of the spouse or such dependent is at 
     risk; and
       ``(iv) the relocation of the spouse or such dependent is 
     advisable.
       ``(C) A request described in this subparagraph is a request 
     by the spouse of a member, or by the parent of a dependent 
     child in the case of a dependent child of a member, for 
     relocation.
       ``(D) Transportation may be provided under this paragraph 
     for household effects or a motor vehicle only if a written 
     agreement of the member, or an order of a court of competent 
     jurisdiction, gives possession of the effects or vehicle to 
     the spouse or dependent of the member concerned.
       ``(E) In this paragraph, the term `dependent-abuse offense' 
     means an offense described in section 1059(c) of title 10.''.
                                 ______
                                 
  SA 738. Mr. BENNETT submitted an amendment intended to be proposed by 
her to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1039. REPEAL OF MTOPS REQUIREMENT FOR COMPUTER EXPORT 
                   CONTROLS.

       (a) Repeal.--Subtitle B of title XII of, and section 3157 
     of, the National Defense Authorization Act for Fiscal Year 
     1998 (50 U.S.C. App. 2404 note) are repealed.
       (b) Consultation Required.--Before implementing any 
     regulations relating to an export administration system for 
     high-performance computers, the President shall consult with 
     the following congressional committees:

[[Page 12375]]

       (1) The Select Committee on Homeland Security, the 
     Committee on Armed Services, and the Committee on 
     International Relations of the House of Representatives.
       (2) The Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.
       (c) Report.--Not later than 30 days after implementing any 
     regulations described in subsection (b), the President shall 
     submit to Congress a report that--
       (1) identifies the functions of the Secretary of Commerce, 
     Secretary of Defense, Secretary of Energy, Secretary of 
     State, Secretary of Homeland Security, and any other relevant 
     national security or intelligence agencies under the export 
     administration system embraced by those regulations; and
       (2) explains how the export administration system will 
     effectively advance the national security objectives of the 
     United States.
                                 ______
                                 
  SA 739. Mr. DOMENICI submitted an amendment intended to be proposed 
by her to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in title VII, insert the 
     following:

     SEC. __. REIMBURSEMENT OF COVERED BENEFICIARIES FOR CERTAIN 
                   TRAVEL EXPENSES RELATING TO SPECIALIZED DENTAL 
                   CARE.

       Section 1074i of title 10, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``In any 
     case''; and
       (2) by adding at the end the following new subsection:
       ``(b) Specialty Care Providers.--For purposes of subsection 
     (a), the term `specialty care provider' includes a dental 
     specialist (including an oral surgeon, orthodontist, 
     prosthodontist, periodontist, endodontist, or pediatric 
     dentist).''.
                                 ______
                                 
  SA 740. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in title VII, insert the 
     following:

     SEC. __. ELIGIBILITY OF RESERVE OFFICERS FOR HEALTH CARE 
                   PENDING ORDERS TO ACTIVE DUTY FOLLOWING 
                   COMMISSIONING.

       Section 1074(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by striking ``who is on active duty'' and inserting 
     ``described in paragraph (2)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Members of the uniformed services referred to in 
     paragraph (1) are as follows:
       ``(A) A member of a uniformed service on active duty.
       ``(B) A member of a reserve component of a uniformed 
     service who has been commissioned as an officer if--
       ``(i) the member has requested orders to active duty for 
     the member's initial period of active duty following the 
     commissioning of the member as an officer;
       ``(ii) the request for orders has been approved;
       ``(iii) the orders are to be issued but have not been 
     issued; and
       ``(iv) the member does not have health care insurance and 
     is not covered by any other health benefits plan.''.
                                 ______
                                 
  SA 741. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 2815. ENERGY SAVINGS AT MILITARY INSTALLATIONS.

       (a) Use of Amounts Realized from Energy Cost Savings.--(1) 
     Paragraph (2) of subsection (b) of section 2865 of title 10, 
     United States Code, is amended by striking ``shall be used as 
     follows:'' and all that follows and inserting ``shall be used 
     at the military installation at which the amount concerned 
     was realized for one or more purposes at the installation, as 
     determined by the commander of the installation in a manner 
     consistent with applicable law and regulations, as follows:
       ``(A) For the implementation of additional energy 
     conservation measures, and for energy conservation activities 
     at buildings or facilities, at the installation.
       ``(B) For improvements to existing military family housing 
     units at the installation.
       ``(C) For unspecified minor construction projects at the 
     installation that will enhance quality of life of personnel 
     at the installation.
       ``(D) For support or improvement of any morale, welfare, or 
     recreation facility or service at the installation.''.
       (2) The amendment made by paragraph (1) shall take effect 
     on October 1, 2003, and shall apply with respect to fiscal 
     years that begin on or after that date.
       (b) Energy Savings Performance Contracts.--That section is 
     further amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Energy Savings Performance Contracts.--The Secretary 
     of Defense shall require the use of energy savings 
     performance contracts at each installation of the Department 
     of Defense commencing not later than September 30, 2004.
       ``(2) The Secretary shall carry out the requirement under 
     paragraph (1) at an installation through energy savings 
     performance contracts indefinite delivery indefinite quantity 
     contracts that are in force at the installation.
       ``(3) For purposes of carrying out the requirement under 
     paragraph (1), the Secretary shall terminate any cap or 
     ceiling on energy savings performance contracts indefinite 
     delivery indefinite quantity contracts that are otherwise 
     applicable to installations of the Department.
       ``(4) For purposes of carrying out the requirement under 
     paragraph (1) with respect to installations of the Air Force, 
     the Secretary of the Air Force shall--
       ``(A) permit the use of any indefinite delivery indefinite 
     quantity contracts for energy savings performance contracts 
     at such installations; and
       ``(B) terminate any limitation on the use of indefinite 
     delivery indefinite quantity contracts for energy savings 
     performance contracts that would otherwise impede the use of 
     indefinite delivery indefinite quantity contracts for energy 
     savings performance contracts at such installations.''.
                                 ______
                                 
  SA 742. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 213. BORON ENERGY CELL TECHNOLOGY.

       (a) Increase in RDT&E, Air Force.--The amount authorized to 
     be appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force for fiscal year 2004 
     is hereby increased by $5,000,000.
       (b) Availability for Boron Energy Cell Technology.--(1) of 
     the amount authorized to be appropriated by section 201(3) 
     for research, development, test, and evaluation for the Air 
     Force for fiscal year 2004, as increased by subsection (a), 
     $5,000,000 shall be available for research, development, 
     test, and evaluation on boron energy cell technology.
       (2) The amount available under paragraph (1) for fiscal 
     year 2004 for the purpose specified in that paragraph is in 
     addition to any other amounts available under law for fiscal 
     year 2004 for that purpose.
       (c) Offset from Other Procurement, Air Force.--The amount 
     authorized to be appropriated by section 103(4), for other 
     procurement for the Air Force for fiscal year 2004 is hereby 
     reduced by $5,000,000, with the amount of the reduction to be 
     allocated to the Point of Maintenance Initiative.
                                 ______
                                 
  SA 743. Mr. GRAHAM of South Carolina submitted an amendment intended 
to be proposed by him to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 40, between lines 7 and 8, insert the following:

     SEC. 235. AMOUNT FOR COLLABORATIVE INFORMATION WARFARE 
                   NETWORK.

       Of the amount authorized to be appropriated by section 
     201(4), $263,738,000 shall be

[[Page 12376]]

     available for advanced concept technology demonstrations, of 
     which $8,000,000 shall be available for the Collaborative 
     Information Warfare Network at the Critical Infrastructure 
     Protection Center of the Space and Naval Warfare Systems 
     Command.
                                 ______
                                 
  SA 744. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 652. EDUCATION-RELATED REFUNDS AND LEAVE OF ABSENCE FOR 
                   MILITARY SERVICE.

       (a) Leave of Absence for Military Service.--Part G of title 
     IV of the Higher Education Act of 1965 is amended by 
     inserting after section 484B (20 U.S.C. 1091b) the following 
     new section:

     ``SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY 
                   SERVICE.

       ``(a) Leave of Absence Required.--Whenever a student who is 
     an affected individual is unable to complete a period of 
     instruction or to receive academic credit because he or she 
     was called up for active duty or active service, the 
     institution of higher education in which the student is 
     enrolled shall--
       ``(1) grant the student a military leave of absence from 
     the institution while such student is serving on active duty 
     or active service, and for one year after the conclusion of 
     such duty or service, in accordance with subsection (b); and
       ``(2) provide the student with a refund or credit in 
     accordance with subsection (c).
       ``(b) Consequences of Military Leave of Absence.--A student 
     who is an affected individual and who is on a military leave 
     of absence from an institution of higher education shall be 
     entitled, upon release from serving on active duty or active 
     service, to be restored to the educational status such 
     student had attained prior to being ordered to such duty 
     without loss of academic credits earned, scholarships or 
     grants awarded by the institution, or, subject to subsection 
     (c), tuition and other fees paid prior to the commencement of 
     the active duty or active service.
       ``(c) Refunds.--An institution of higher education shall 
     refund tuition or fees paid prior to the commencement of the 
     active duty or active service of an affected individual. If a 
     student taking a military leave of absence for active duty or 
     active service requests a refund during a period of 
     enrollment, the institution of higher education shall refund 
     100 percent of the tuition and fees paid for the period of 
     enrollment.
       ``(d) Leave of Absence Not Treated as Withdrawal.--
     Notwithstanding the 180-day limitation in section 484B(a)(2), 
     a student on a military leave of absence under this section 
     shall not be treated as having withdrawn for purposes of 
     section 484B unless the student fails to return at the end of 
     the military leave of absence (as determined under subsection 
     (a) of this section).
       ``(e) Definitions.--As used in this section:
       ``(1) Active duty.--The term `active duty' has the meaning 
     given such term in section 101(d)(1) of title 10, United 
     States Code, except that such term does not include active 
     duty for training or attendance at a service school.
       ``(2) Affected individual.--The term `affected individual' 
     means an individual who--
       ``(A) is serving on active duty during a war or other 
     military operation or national emergency; or
       ``(B) is performing qualifying National Guard duty during a 
     war or other military operation or national emergency.
       ``(3) Military operation.--The term `military operation' 
     means a contingency operation as such term is defined in 
     section 101(a)(13) of title 10, United States Code.
       ``(4) National emergency.--The term `national emergency' 
     means a national emergency declared by the President of the 
     United States.
       ``(5) Serving on active duty.--The term `serving on active 
     duty during a war or other military operation or national 
     emergency' means service by an individual who is--
       ``(A) a Reserve of an Armed Force ordered to active duty 
     under section 12301(a), 12301(g), 12302, 12304, or 12306 of 
     title 10, United States Code, or any retired member of an 
     Armed Force ordered to active duty under section 688 of such 
     title, for service in connection with a war or other military 
     operation or national emergency, regardless of the location 
     at which such active duty service is performed; and
       ``(B) any other member of an Armed Force on active duty in 
     connection with such war, operation, or emergency or 
     subsequent actions or conditions who has been assigned to a 
     duty station at a location other than the location at which 
     such member is normally assigned.
       ``(6) Qualifying national guard duty.--The term `qualifying 
     National Guard duty during a war or other military operation 
     or national emergency' means service as a member of the 
     National Guard on full-time National Guard duty (as defined 
     in section 101(d)(5) of title 10, United States Code) under a 
     call to active service authorized by the President or the 
     Secretary of Defense for a period of more than 30 consecutive 
     days under section 502(f) of title 32, United States Code, in 
     connection with a war, another military operation, or a 
     national emergency declared by the President and supported by 
     Federal funds.''.
       (b) Obligation as Part of Program Participation 
     Requirements.--Section 487(a)(22) of the Higher Education Act 
     of 1965 (20 U.S.C. 1094(a)(22)) is amended by inserting ``and 
     with the policy on leave of absence for military service 
     established pursuant to section 484C'' after ``section 
     484B''.
                                 ______
                                 
  SA 745. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 235. DEPARTMENT OF DEFENSE STRATEGY FOR MANAGEMENT OF 
                   ELECTROMAGNETIC SPECTRUM.

       (a) In General.--The Secretary of Defense shall--
       (1) in accordance with subsection (c), develop a strategy 
     for the Department of Defense for the management of the 
     electromagnetic spectrum to improve bandwidth; and
       (2) in accordance with subsection (d), coordinate with 
     civilian departments and agencies of the Federal Government 
     in the development of a national strategy for the management 
     of the electromagnetic spectrum for high-bandwidth wireless 
     communications.
       (b) Purpose of Activities.--The purpose of activities 
     required by subsection (a) is to assist in the coordinated 
     development of a national strategy for the management of the 
     electromagnetic spectrum for high-bandwidth wireless 
     communications.
       (c) Department of Defense Strategy for Spectrum 
     Management.--(1) Not later than September 1, 2004, the 
     Assistant Secretary shall develop a strategy for the 
     Department of Defense for the management of the 
     electromagnetic spectrum in order to ensure the development 
     and use of spectrum-efficient technologies to facilitate the 
     availability of adequate spectrum for both network-centric 
     warfare and civilian needs. The strategy shall include 
     specific timelines, metrics, plans for implementation, and 
     proposals for program funding.
       (2) In developing the strategy, the Assistant Secretary 
     shall consider and take into account in the strategy the 
     results of the research and development program carried out 
     under section 234.
       (3) The Assistant Secretary shall assist in updating the 
     strategy developed under paragraph (1) on a yearly basis to 
     address changes in circumstances.
       (d) National Strategy for Spectrum Management.--The 
     Assistant Secretary shall coordinate with other departments 
     and agencies of the Federal Government in the development of 
     a national strategy described in subsection (a)(2) through an 
     interagency policy coordinating committee which shall be 
     composed of senior representatives of the military 
     departments, the Federal Communication Commission, the 
     National Telecommunication and Information Administration, 
     the Department of Homeland Security, the Federal Aviation 
     Administration, and other appropriate departments and 
     agencies of the Federal Government.
       (e) Assistant Secretary Defined.--In this section, the term 
     ``Assistant Secretary'' means the Assistant Secretary of 
     Defense for Command, Control, Communications, and 
     Intelligence.
                                 ______
                                 
  SA 746. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 17, strike line 11 and insert the following:

     SEC. 111. CH-47 HELICOPTER PROGRAM.

       (a) Requirement for Study.--The Secretary of the Army shall 
     study the feasibility and the costs and benefits of providing 
     for the participation of a second source in the production of 
     gears for the helicopter transmissions incorporated into CH-
     47 helicopters being procured by the Army.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit a report on 
     the results of the study to Congress.

[[Page 12377]]


                                 ______
                                 
  SA 747. Mr. WYDEN (for himself, Ms. Collins, Mrs. Clinton, Mr. Byrd, 
Mr. Lautenberg, and Mr. Harkin) submitted an amendment intended to be 
proposed by him to the bill S. 1050, to authorize appropriations for 
fiscal year 2004 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 273, between lines 20 and 21, insert the following:
       (d) Reporting Requirement Relating to Noncompetitive 
     Contracting for the Reconstruction of Infrastructure of 
     Iraq.--(1) If a contract for the maintenance, rehabilitation, 
     construction, or repair of infrastructure in Iraq is entered 
     into under the oversight and direction of the Secretary of 
     Defense or the Office of Reconstruction and Humanitarian 
     Assistance in the Office of the Secretary of Defense without 
     full and open competition, the Secretary shall publish in the 
     Federal Register or Commerce Business Daily and otherwise 
     make available to the public, not later than 30 days after 
     the date on which the contract is entered into, the following 
     information:
       (i) The amount of the contract.
       (ii) A brief description of the scope of the contract.
       (iii) A discussion of how the executive agency identified, 
     and solicited offers from, potential contractors to perform 
     the contract, together with a list of the potential 
     contractors that were issued solicitations for the offers.
       (iv) The justification and approval documents on which was 
     based the determination to use procedures other than 
     procedures that provide for full and open competition.
       (B) Subparagraph (A) does not apply to a contract entered 
     into one year after the date of enactment of this act.
       (2)(A) The head of an executive agency may--
       (i) withhold from publication and disclosure under 
     paragraph (1) any document that is classified for restricted 
     access in accordance with an Executive order in the interest 
     of national defense or foreign policy; and
       (ii) redact any part so classified that is in a document 
     not so classified before publication and disclosure of the 
     document under paragraph (1).
       (B) In any case in which the head of an executive agency 
     withholds information under subparagraph (A), the head of 
     such executive agency shall make available an unredacted 
     version of the document containing that information to the 
     chairman and ranking member of each of the following 
     committees of Congress:
       (i) The Committee on Governmental Affairs of the Senate and 
     the Committee on Government Reform of the House of 
     Representatives.
       (ii) The Committees on Appropriations of the Senate and the 
     House of Representatives.
       (iii) Each committee that the head of the executive agency 
     determines has legislative jurisdiction for the operations of 
     such department or agency to which the information relates.
       (3) This subsection shall apply to contracts entered into 
     on or after October 1, 2002, except that, in the case of a 
     contract entered into before the date of the enactment of 
     this Act, paragraph (1) shall be applied as if the contract 
     had been entered into on the date of the enactment of this 
     Act.
       (4) Nothing in this subsection shall be construed as 
     affecting obligations to disclose United States Government 
     information under any other provision of law.
       (5) In this subsection, the terms ``executive agency'' and 
     ``full and open competition'' have the meanings given such 
     terms in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
                                 ______
                                 
  SA 748. Mr. DOMENICI (for himself, Mr. Nelson of Florida, Mr. 
Bingaman, Mrs. Hutchison, Mr. Cornyn, and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill S. 1050, to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1039. PROHIBITION ON TERMINATION OF BORDER AND SEAPORT 
                   INSPECTION COUNTER-DRUG DUTIES OF THE NATIONAL 
                   GUARD.

       The Secretary of Defense may not terminate border 
     inspection duties or seaport inspection duties as part of the 
     drug interdiction and counter-drug mission of the National 
     Guard, including support for the cargo inspection activities 
     of the Department of Homeland Security pursuant to that 
     mission.
                                 ______
                                 
  SA 749. Mr. McCAIN submitted an amendment intended to be proposed by 
her to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 310, between lines 9 and 10, insert the following:
       (D) A discussion of NATO decisionmaking on the 
     implementation of the Prague Capabilities Commitment and the 
     development of the NATO Response Force, including--
       (i) an assessment whether the Prague Capabilities 
     Commitment and the NATO Response Force are the sole 
     jurisdiction of the Defense Planning Committee, the North 
     Atlantic Council, or the Military Committee;
       (ii) a description of the circumstances which led to the 
     defense, military, security, and nuclear decisions of NATO on 
     matters such as the Prague Capabilities Commitment and the 
     NATO Response Force being made in bodies other than the 
     Defense Planning Committee;
       (iii) a description of the extent to which France 
     contributes to each of the component committees of NATO, 
     including any and all committees relevant to the Prague 
     Capabilities Commitment and the NATO Response Force;
       (iv) a description of the extent to which France 
     participates in deliberations and decisions of NATO on 
     resource policy, contribution ceilings, infrastructure, force 
     structure, modernization, threat assessments, training, 
     exercises, deployments, and other issues related to the 
     Prague Capabilities Commitment or the NATO Response Force;
       (v) a description of the extent to which France 
     participates in meetings of the Defense Planning Committee as 
     an observer, including the justification for such 
     participation, if any, and an assessment whether such 
     participation is in the interest of NATO in implementing the 
     Prague Capabilities Commitment or developing the NATO 
     Response Force;
       (vi) a description and assessment of the impediments, if 
     any, that would preclude or limit NATO from conducting 
     deliberations and making decisions on matters such as the 
     Prague Capabilities Commitment or the NATO Response Force 
     solely in the Defense Planning Committee; and
       (vii) the recommendations of the Secretary of Defense on 
     streamlining defense, military, and security decisionmaking 
     within NATO relating to the Prague Capabilities Commitment, 
     and NATO Response Force, and other matters, including an 
     assessment of the feasibility and advisability of the greater 
     utilization of the Defense Planning Committee for such 
     purposes.
                                 ______
                                 
  SA 750. Mr. DORGAN submitted an amendment intended to be proposed by 
her to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 3135. PROHIBITION ON USE OF FUNDS FOR NUCLEAR EARTH 
                   PENETRATOR WEAPON.

       (a) In General.--Effective as of the date of the enactment 
     of this Act, no funds authorized to be appropriated or 
     otherwise made available for the Department of Energy by this 
     Act or any other Act may be obligated or expended for 
     development, testing, or engineering on a nuclear earth 
     penetrator weapon.
       (b) Prohibition on Use of Fiscal Year 2004 Funds for 
     Feasibility Study.--No funds authorized to be appropriated or 
     otherwise made available for the Department of Energy for 
     fiscal year 2004 by this Act or any other Act may be 
     obligated or expended for a feasibility study on a nuclear 
     earth penetrator weapon.
                                 ______
                                 
  SA 751. Mr. REED (for himself, Mr. Levin, and Mr. Feingold) proposed 
an amendment to the bill S. 1050, to authorize appropriations for 
fiscal year 2004 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; as follows:

       Strike section 3131 and insert the following new section:

[[Page 12378]]



     SEC. 3131. MODIFICATION OF SCOPE OF PROHIBITION ON RESEARCH 
                   AND DEVELOPMENT OF LOW-YIELD NUCLEAR WEAPONS.

       (a) Modification.--Section 3136 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     107 Stat. 1946; 42 U.S.C. 2121 note) is amended by striking 
     ``research and development'' each place it appears and 
     inserting ``development engineering''.
       (b) Conforming Amendments.--(1) The caption for subsection 
     (c) of that section is amended by striking ``Research and 
     Development'' and inserting ``Development Engineering''.
       (2) The heading for that section is amended by striking 
     ``RESEARCH AND DEVELOPMENT'' and inserting ``DEVELOPMENT 
     ENGINEERING''.
                                 ______
                                 
  SA 752. Mr. WARNER proposed an amendment to amendment SA 751 proposed 
by Mr. Reed (for himself, Mr. Levin, and Mr. Feingold) to the bill S. 
1050, to authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT 
                   OF LOW-YIELD NUCLEAR WEAPONS.

       (a) Repeal.--Section 3136 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     107 Stat. 1946; 42 U.S.C. 2121 note) is repealed.
       (b) Construction.--Nothing in the repeal made by subsection 
     (a) shall be construed as authorizing the testing, 
     acquisition, or deployment of a low-yield nuclear weapon.
       (c) Limitation.--The Secretary of Energy may not commence 
     the engineering development phase, or any subsequent phase, 
     of a low-yield nuclear weapon unless specifically authorized 
     by Congress.
                                 ______
                                 
  SA 753. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1050, to authorize appropriations for 
fiscal year 2004 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 291, between lines 14 and 15, insert the following 
     new section:

     SEC. 1039. REWARD FOR INFORMATION LEADING TO THE RESOLUTION 
                   OF THE FATE OF AN AMERICAN POW/MIA OF THE FIRST 
                   GULF WAR.

       (a) Reward Authorized.--The Secretary of Defense is 
     authorized to pay a gratuity or gratuities to an individual 
     or individuals determined by the Secretary to have assisted 
     in determining the whereabouts or status of an American POW/
     MIA of the First Persian Gulf War.
       (b) Aggregate Amount of Rewards.--The total amount of 
     gratuities paid by the Secretary under subsection (a) may not 
     exceed $1,000,000.
       (c) Limitation on Eligibility.--The Secretary may not pay a 
     gratuity under subsection (a) to a terrorist, a persecutor, a 
     person who has been convicted of a serious criminal offense, 
     a person who presents a danger to the security of the United 
     States, as set forth in clauses (i) through (v) of section 
     208(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1158(b)(2)(A)), or a person suspected of having mistreated or 
     harmed an American POW/MIA of the First Persian Gulf War.
       (d) Definitions.--In this section:
       (1) American pow/mia of the first persian gulf war.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``American POW/ MIA of the First Persian Gulf War'' 
     means an individual--
       (i) who is a member of a uniformed service (within the 
     meaning of section 101(3) of title 37, United States Code) in 
     a missing status (as defined in section 551(2) of such title 
     and this subsection) as a result of Operation Desert Shield/
     Desert Storm; or
       (ii) who is an employee (as defined in section 5561(2) of 
     title 5, United States Code) in a missing status (as defined 
     in section 5561(5) of such title) as a result of Operation 
     Desert Shield/Desert Storm.
       (B) Exclusion.--Such term does not include an individual 
     with respect to whom it is officially determined under 
     section 552(c) of title 37, United States Code, that such 
     individual is officially absent from such individual's post 
     of duty without authority.
       (2) Missing status.--The term ``missing status'', with 
     respect to Operation Desert Shield/Desert Storm means the 
     status of an individual as a result of Operation Desert 
     Shield/Desert Storm if immediately before that status began 
     the individual--
       (A) was performing service in Kuwait, Iraq, or another 
     nation of the greater Middle East region; or
       (B) was performing service in the greater Middle East 
     region in direct support of military operations in Kuwait or 
     Iraq.
       (e) Authorization of Appropriations.--Of the amount 
     authorized to be appropriated by section 301(c)(5) for 
     operations and maintenance for Defense-wide activities, 
     $1,000,000 may be made available to the Secretary to carry 
     out this section.
                                 ______
                                 
  SA 754. Mr. BUNNING submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In subtitle E of title I, add after the subtitle heading 
     the following:

     SEC. 141. CHEMICAL AGENT MONITORING SYSTEM AT BLUEGRASS ARMY 
                   DEPOT, KENTUCKY.

       (a) In General.--Of the amount authorized to be 
     appropriated by section 106 for chemical agents and munitions 
     destruction, Defense, $1,000,000 shall be available to the 
     Secretary of the Army for the deployment of a chemical agent 
     monitoring system at Bluegrass Army Depot, Kentucky, to 
     supplement the current chemical agent monitoring and 
     detection systems at the Depot for the chemical 
     demilitarization program at the Deport.
       (b) Purpose.--The purpose of the deployment of the chemical 
     agent monitoring system referred to in subsection (a) is to 
     achieve the broadest possible protection of the public and 
     personnel involved in the chemical demilitarization program 
     at Bluegrass Army Depot and of the environment in the 
     vicinity of the Depot.
       (c) System Elements.--(1) The chemical agent monitoring 
     system deployed under subsection (a) shall be the most 
     efficient and advanced chemical agent monitoring system 
     available, combining elements of the systems as follows:
       (A) Open-Path Fourier Transform Infrared Spectrometer 
     perimeter monitoring systems.
       (B) Continuous Agent Stack Monitoring Systems.
       (C) Multi-Metals Continuous Emissions Monitoring Systems
       (2) The chemical agent monitoring system may employ 
     elements of systems other than systems referred to in 
     paragraph (1) if the Secretary determines that the employment 
     of such elements provides monitoring and detection of 
     chemical agents equivalent to the monitoring and detection of 
     chemical agents provided by the systems referred to in that 
     paragraph.
       (d) Deadline for Deployment.--(1) Except as provided in 
     paragraph (2), the Secretary shall complete the deployment of 
     the chemical agent monitoring system referred to in 
     subsection (a) not later than 90 days after the date of the 
     enactment of this Act.
       (2) If the Secretary has not completed the deployment of 
     the chemical agent monitoring system as of the date required 
     by paragraph (1), the Secretary shall submit to Congress a 
     report setting forth--
       (A) an explanation why the chemical agent monitoring system 
     has not been completely deployed as of that date;
       (B) the actions proposed to be taken by the Secretary to 
     complete the deployment of the chemical agent monitoring 
     system; and
       (C) a schedule for the actions referred to in subparagraph 
     (B), including the anticipated date of the completion of the 
     deployment of the chemical agent monitoring system.
                                 ______
                                 
  SA 755. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. NASA WORKFORCE AUTHORITIES AND PERSONNEL PROVISIONS.

       (a) In General.--Subpart I of part III of title 5, United 
     States Code, is amended by inserting after chapter 97, as 
     added by section 841(a)(2) of the Homeland Security Act of 
     2002 (Public Law 107-296; 116 Stat. 2229), the following:

      ``CHAPTER 98--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                 ``SUBCHAPTER I--WORKFORCE AUTHORITIES

``Sec.
``9801. Definitions.
``9802. Planning, notification, and reporting requirements.
``9803. Workforce authorities.
``9804. Recruitment, redesignation, and relocation bonuses.

[[Page 12379]]

``9805. Retention bonuses.
``9806. Term appointments.
``9807. Pay authority for critical positions.
``9808. Assignments of intergovernmental personnel.
``9809. Enhanced demonstration project authority.

                 ``SUBCHAPTER II--PERSONNEL PROVISIONS

``9831. Definitions.
``9832. NASA-Industry exchange program.
``9833. Science and technology scholarship program.
``9834. Distinguished scholar appointment authority.
``9835. Travel and transportation expenses of certain new appointees.
``9836. Annual leave enhancements.
``9837. Limited appointments to Senior Executive Service positions.
``9838. Superior qualifications pay.

                 ``SUBCHAPTER I--WORKFORCE AUTHORITIES

     ``Sec. 9801. Definitions

       ``For purposes of this subchapter--
       ``(1) the term `Administration' means the National 
     Aeronautics and Space Administration;
       ``(2) the term `Administrator' means the Administrator of 
     the National Aeronautics and Space Administration;
       ``(3) the term `critical need' means a specific and 
     important requirement of the Administration's mission that 
     the Administration is unable to fulfill because the 
     Administration lacks the appropriate employees because--
       ``(A) of the inability to fill positions; or
       ``(B) employees do not possess the requisite skills;
       ``(4) the term `employee' means an individual employed in 
     or under the Administration;
       ``(5) the term `workforce plan' means the plan required 
     under section 9802(a);
       ``(6) the term `appropriate committees of Congress' means--
       ``(A) the Committees on Government Reform, Science, and 
     Appropriations of the House of Representatives; and
       ``(B) the Committees on Governmental Affairs, Commerce, 
     Science, and Transportation, and Appropriations of the 
     Senate; and
       ``(7) the term `redesignation bonus' means a bonus under 
     section 9804 paid to an individual described in subsection 
     (a)(2) thereof.

     ``Sec. 9802. Planning, notification, and reporting 
       requirements

       ``(a) Not later than 90 days before exercising any of the 
     workforce authorities under this subchapter, the 
     Administrator shall submit a written plan to the appropriate 
     committees of Congress. A plan under this subchapter may not 
     be implemented without the approval of the Office of 
     Personnel Management.
       ``(b) A workforce plan shall include a description of--
       ``(1) each critical need of the Administration and the 
     criteria used in the identification of that need;
       ``(2)(A) the functions, approximate number, and classes or 
     other categories of positions or employees that--
       ``(i) address critical needs; and
       ``(ii) would be eligible for each authority proposed to be 
     exercised under section 9803; and
       ``(B) how the exercise of those authorities with respect to 
     the eligible positions or employees involved would address 
     each critical need identified under paragraph (1);
       ``(3)(A) any critical need identified under paragraph (1) 
     which would not be addressed by the authorities made 
     available under this subchapter; and
       ``(B) the reasons why those needs would not be so 
     addressed;
       ``(4) the specific criteria to be used in determining which 
     individuals may receive the benefits described under sections 
     9804, 9805 (including the criteria for granting bonuses in 
     the absence of a critical need), and 9810, and how the level 
     of those benefits will be determined;
       ``(5) the safeguards or other measures that will be applied 
     to ensure that this subchapter is carried out in a manner 
     consistent with merit system principles;
       ``(6) the means by which employees will be afforded the 
     notification required under subsections (c) and (d)(1)(B);
       ``(7) the methods that will be used to determine if the 
     authorities exercised under this subchapter have successfully 
     addressed each critical need identified under paragraph (1); 
     and
       ``(8)(A) the recruitment methods used by the Administration 
     before the enactment of this chapter to recruit highly 
     qualified individuals; and
       ``(B) the changes the Administration will implement after 
     the enactment of this chapter in order to improve its 
     recruitment of highly qualified individuals, including how it 
     intends to use--
       ``(i) nongovernmental recruitment or placement agencies; 
     and
       ``(ii) Internet technologies.
       ``(c) Not later than 60 days before first exercising any of 
     the workforce authorities made available under this 
     subchapter, the Administrator shall provide to all employees 
     the workforce plan and any additional information which the 
     Administrator considers appropriate.
       ``(d)(1)(A) The Administrator may submit any modifications 
     to the workforce plan to the Office of Personnel Management. 
     Modifications to the workforce plan may not be implemented 
     without the approval of the Office of Personnel Management.
       ``(B) Not later than 60 days before implementing any such 
     modifications, the Administrator shall provide an 
     appropriately modified plan to all employees of the 
     Administration and to the appropriate committees of Congress.
       ``(2) Any reference in this subchapter or any other 
     provision of law to the workforce plan shall be considered to 
     include any modification made in accordance with this 
     subsection.
       ``(e) Before submitting any written plan under subsection 
     (a) (or modification under subsection (d)) to the Office of 
     Personnel Management, the Administrator shall--
       ``(1) provide to each employee representative representing 
     any employees who might be affected by such plan (or 
     modification) a copy of the proposed plan (or modification);
       ``(2) give each representative 30 calendar days (unless 
     extraordinary circumstances require earlier action) to review 
     and make recommendations with respect to the proposed plan 
     (or modification); and
       ``(3) give any recommendations received from any such 
     representatives under paragraph (2) full and fair 
     consideration in deciding whether or how to proceed with 
     respect to the proposed plan (or modification).
       ``(f) None of the workforce authorities made available 
     under this subchapter may be exercised in a manner 
     inconsistent with the workforce plan.
       ``(g) Whenever the Administration submits its performance 
     plan under section 1115 of title 31 to the Office of 
     Management and Budget for any year, the Administration shall 
     at the same time submit a copy of such plan to the 
     appropriate committees of Congress.
       ``(h) Not later than 6 years after date of enactment of 
     this subchapter, the Administrator shall submit to the 
     appropriate committees of Congress an evaluation and analysis 
     of the actions taken by the Administration under this 
     subchapter, including--
       ``(1) an evaluation, using the methods described in 
     subsection (b)(7), of whether the authorities exercised under 
     this subchapter successfully addressed each critical need 
     identified under subsection (b)(1);
       ``(2) to the extent that they did not, an explanation of 
     the reasons why any critical need (apart from the ones under 
     subsection (b)(3)) was not successfully addressed; and
       ``(3) recommendations for how the Administration could 
     address any remaining critical need and could prevent those 
     that have been addressed from recurring.

     ``Sec. 9803. Workforce authorities

       ``(a) The workforce authorities under this subchapter are 
     the following:
       ``(1) The authority to pay recruitment, redesignation, and 
     relocation bonuses under section 9804.
       ``(2) The authority to pay retention bonuses under section 
     9805.
       ``(3) The authority to make term appointments and to take 
     related personnel actions under section 9806.
       ``(4) The authority to fix rates of basic pay for critical 
     positions under section 9807.
       ``(5) The authority to extend intergovernmental personnel 
     act assignments under section 9808.
       ``(6) The authority to apply subchapter II of chapter 35 in 
     accordance with section 9810.
       ``(b) No authority under this subchapter may be exercised 
     with respect to any officer who is appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(c) Unless specifically stated otherwise, all authorities 
     provided under this subchapter are subject to section 5307.

     ``Sec. 9804. Recruitment, redesignation, and relocation 
       bonuses

       ``(a) Notwithstanding section 5753, the Administrator may 
     pay a bonus to an individual, in accordance with the 
     workforce plan and subject to the limitations in this 
     section, if--
       ``(1) the Administrator determines that the Administration 
     would be likely, in the absence of a bonus, to encounter 
     difficulty in filling a position; and
       ``(2) the individual--
       ``(A) is newly appointed as an employee of the Federal 
     Government;
       ``(B) is currently employed by the Federal Government and 
     is newly appointed to another position in the same geographic 
     area; or
       ``(C) is currently employed by the Federal Government and 
     is required to relocate to a different geographic area to 
     accept a position with the Administration.
       ``(b) If the position is described as addressing a critical 
     need in the workforce plan under section 9802(b)(2)(A), the 
     amount of a bonus may not exceed--
       ``(1) 50 percent of the employee's annual rate of basic pay 
     (including comparability payments under sections 5304 and 
     5304a) as of the beginning of the service period multiplied 
     by the service period specified under subsection 
     (d)(1)(B)(i); or
       ``(2) 100 percent of the employee's annual rate of basic 
     pay (including comparability

[[Page 12380]]

     payments under sections 5304 and 5304a) as of the beginning 
     of the service period.
       ``(c) If the position is not described as addressing a 
     critical need in the workforce plan under section 
     9802(b)(2)(A), the amount of a bonus may not exceed--
       ``(1) 25 percent of the employee's annual rate of basic pay 
     (including comparability payments under sections 5304 and 
     5304a) as of the beginning of the service period multiplied 
     by the service period specified under subsection 
     (d)(1)(B)(i); or
       ``(2) 100 percent of the employee's annual rate of basic 
     pay (including comparability payments under sections 5304 and 
     5304a) as of the beginning of the service period.
       ``(d)(1)(A) Payment of a bonus under this section shall be 
     contingent upon the individual entering into a service 
     agreement with the Administration.
       ``(B) At a minimum, the service agreement shall include--
       ``(i) the required service period;
       ``(ii) the method of payment, including a payment schedule, 
     which may include a lump-sum payment, installment payments, 
     or a combination thereof;
       ``(iii) the amount of the bonus and the basis for 
     calculating that amount; and
       ``(iv) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed, and the effect of the termination.
       ``(2) For purposes of determinations under subsections 
     (b)(1) and (c)(1), the employee's service period shall be 
     expressed as the number equal to the full years and twelfth 
     parts thereof, rounding the fractional part of a month to the 
     nearest twelfth part of a year. The service period may not be 
     less than 6 months and may not exceed 4 years.
       ``(3) A bonus under this section may not be considered to 
     be part of the basic pay of an employee.
       ``(e) Before paying a bonus under this section, the 
     Administration shall establish a plan for paying recruitment, 
     redesignation, and relocation bonuses, subject to approval by 
     the Office of Personnel Management.

     ``Sec. 9805. Retention bonuses

       ``(a) Notwithstanding section 5754, the Administrator may 
     pay a bonus to an employee, in accordance with the workforce 
     plan and subject to the limitations in this section, if the 
     Administrator determines that--
       ``(1) the unusually high or unique qualifications of the 
     employee or a special need of the Administration for the 
     employee's services makes it essential to retain the 
     employee; and
       ``(2) the employee would be likely to leave in the absence 
     of a retention bonus.
       ``(b) If the position is described as addressing a critical 
     need in the workforce plan under section 9802(b)(2)(A), the 
     amount of a bonus may not exceed 50 percent of the employee's 
     annual rate of basic pay (including comparability payments 
     under sections 5304 and 5304a).
       ``(c) If the position is not described as addressing a 
     critical need in the workforce plan under section 
     9802(b)(2)(A), the amount of a bonus may not exceed 25 
     percent of the employee's annual rate of basic pay (including 
     comparability payments under sections 5304 and 5304a).
       ``(d)(1)(A) Payment of a bonus under this section shall be 
     contingent upon the employee entering into a service 
     agreement with the Administration.
       ``(B) At a minimum, the service agreement shall include--
       ``(i) the required service period;
       ``(ii) the method of payment, including a payment schedule, 
     which may include a lump-sum payment, installment payments, 
     or a combination thereof;
       ``(iii) the amount of the bonus and the basis for 
     calculating the amount; and
       ``(iv) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed, and the effect of the termination.
       ``(2) The employee's service period shall be expressed as 
     the number equal to the full years and twelfth parts thereof, 
     rounding the fractional part of a month to the nearest 
     twelfth part of a year. The service period may not be less 
     than 6 months and may not exceed 4 years.
       ``(3) Notwithstanding paragraph (1), a service agreement is 
     not required if the Administration pays a bonus in biweekly 
     installments and sets the installment payment at the full 
     bonus percentage rate established for the employee, with no 
     portion of the bonus deferred. In this case, the 
     Administration shall inform the employee in writing of any 
     decision to change the retention bonus payments. The employee 
     shall continue to accrue entitlement to the retention bonus 
     through the end of the pay period in which such written 
     notice is provided.
       ``(e) A bonus under this section may not be considered to 
     be part of the basic pay of an employee.
       ``(f) An employee is not entitled to a retention bonus 
     under this section during a service period previously 
     established for that employee under section 5753 or under 
     section 9804.

     ``Sec. 9806. Term appointments

       ``(a) The Administrator may authorize term appointments 
     within the Administration under subchapter I of chapter 33, 
     for a period of not less than 1 year and not more than 6 
     years.
       ``(b) Notwithstanding chapter 33 or any other provision of 
     law relating to the examination, certification, and 
     appointment of individuals in the competitive service, the 
     Administrator may convert an employee serving under a term 
     appointment to a permanent appointment in the competitive 
     service within the Administration without further competition 
     if--
       ``(1) such individual was appointed under open, competitive 
     examination under subchapter I of chapter 33 to the term 
     position;
       ``(2) the announcement for the term appointment from which 
     the conversion is made stated that there was potential for 
     subsequent conversion to a career-conditional or career 
     appointment;
       ``(3) the employee has completed at least 2 years of 
     current continuous service under a term appointment in the 
     competitive service;
       ``(4) the employee's performance under such term 
     appointment was at least fully successful or equivalent; and
       ``(5) the position to which such employee is being 
     converted under this section is in the same occupational 
     series, is in the same geographic location, and provides no 
     greater promotion potential than the term position for which 
     the competitive examination was conducted.
       ``(c) Notwithstanding chapter 33 or any other provision of 
     law relating to the examination, certification, and 
     appointment of individuals in the competitive service, the 
     Administrator may convert an employee serving under a term 
     appointment to a permanent appointment in the competitive 
     service within the Administration through internal 
     competitive promotion procedures if the conditions under 
     paragraphs (1) through (4) of subsection (b) are met.
       ``(d) An employee converted under this section becomes a 
     career-conditional employee, unless the employee has 
     otherwise completed the service requirements for career 
     tenure.
       ``(e) An employee converted to career or career-conditional 
     employment under this section acquires competitive status 
     upon conversion.

     ``Sec. 9807. Pay authority for critical positions

       ``(a) In this section, the term `position' means--
       ``(1) a position to which chapter 51 applies, including a 
     position in the Senior Executive Service;
       ``(2) a position under the Executive Schedule under 
     sections 5312 through 5317;
       ``(3) a position established under section 3104; or
       ``(4) a senior-level position to which section 5376(a)(1) 
     applies.
       ``(b) Authority under this section--
       ``(1) may be exercised only with respect to a position 
     that--
       ``(A) is described as addressing a critical need in the 
     workforce plan under section 9802(b)(2)(A); and
       ``(B) requires expertise of an extremely high level in a 
     scientific, technical, professional, or administrative field;
       ``(2) may be exercised only to the extent necessary to 
     recruit or retain an individual exceptionally well qualified 
     for the position; and
       ``(3) may be exercised only in retaining employees of the 
     Administration or in appointing individuals who were not 
     employees of another Federal agency as defined under section 
     5102(a)(1).
       ``(c)(1) Notwithstanding section 5377, the Administrator 
     may fix the rate of basic pay for a position in the 
     Administration in accordance with this section. The 
     Administrator may not delegate this authority.
       ``(2) The number of positions with pay fixed under this 
     section may not exceed 10 at any time.
       ``(d)(1) The rate of basic pay fixed under this section may 
     not be less than the rate of basic pay (including any 
     comparability payments) which would otherwise be payable for 
     the position involved if this section had never been enacted.
       ``(2) The annual rate of basic pay fixed under this section 
     may not exceed the per annum rate of salary payable under 
     section 104 of title 3.
       ``(3) Notwithstanding any provision of section 5307, in the 
     case of an employee who, during any calendar year, is 
     receiving pay at a rate fixed under this section, no 
     allowance, differential, bonus, award, or similar cash 
     payment may be paid to such employee if, or to the extent 
     that, when added to basic pay paid or payable to such 
     employee (for service performed in such calendar year as an 
     employee in the executive branch or as an employee outside 
     the executive branch to whom chapter 51 applies), such 
     payment would cause the total to exceed the per annum rate of 
     salary which, as of the end of such calendar year, is payable 
     under section 104 of title 3.

     ``Sec. 9808. Assignments of intergovernmental personnel

       ``(a) For purposes of applying the third sentence of 
     section 3372(a) (relating to the authority of the head of a 
     Federal agency to extend the period of an employee's 
     assignment to or from a State or local government, 
     institution of higher education, or other organization), the 
     Administrator may, with

[[Page 12381]]

     the concurrence of the employee and the government or 
     organization concerned, take any action which would be 
     allowable if such sentence had been amended by striking `two' 
     and inserting `four'.
       ``(b) Any individual who is assigned to the Administration 
     under section 3372 may not directly manage Federal employees.

     ``Sec. 9809. Enhanced demonstration project authority

       ``When conducting a demonstration project at the 
     Administration, section 4703(d)(1)(A) may be applied by 
     substituting `such numbers of individuals as determined by 
     the Administrator' for `not more than 5,000 individuals'.

                 ``SUBCHAPTER II--PERSONNEL PROVISIONS

     ``Sec. 9831. Definitions

       ``For purposes of this subchapter, the terms 
     `Administration' and `Administrator' have the meanings set 
     forth in section 9801.

     ``Sec. 9832. NASA-Industry exchange program

       ``(a) For purposes of this section, the term `detail' 
     means--
       ``(1) the assignment or loan of an employee of the 
     Administration to a private sector organization without a 
     change of position from the Administration, or
       ``(2) the assignment or loan of an employee of a private 
     sector organization to the Administration without a change of 
     position from the private sector organization that employs 
     the individual,
     whichever is appropriate in the context in which such term is 
     used.
       ``(b)(1) On request from or with the agreement of a private 
     sector organization, and with the consent of the employee 
     concerned, the Administrator may arrange for the assignment 
     of an employee of the Administration to a private sector 
     organization or an employee of a private sector organization 
     to the Administration. An employee of the Administration 
     shall be eligible to participate in this program only if the 
     employee is employed at the GS-11 level or above (or 
     equivalent) and is serving under a career or career-
     conditional appointment or an appointment of equivalent 
     tenure in the excepted service.
       ``(2) The Administrator shall provide for a written 
     agreement between the Administration and the employee 
     concerned regarding the terms and conditions of the 
     employee's assignment. The agreement shall--
       ``(A) require the employee to serve in the Administration, 
     upon completion of the assignment, for a period equal to the 
     length of the assignment; and
       ``(B) provide that, in the event the employee fails to 
     carry out the agreement (except for good and sufficient 
     reason, as determined by the Administrator), the employee 
     shall be liable to the United States for payment of all 
     expenses of the assignment.
     An amount under subparagraph (B) shall be treated as a debt 
     due the United States.
       ``(3) Assignments may be terminated by the Administration 
     or the private sector organization concerned for any reason 
     at any time.
       ``(4) Assignments under this section shall be for a period 
     of between 6 months and 1 year, and may be extended in 3-
     month increments for a total of not more than 1 additional 
     year, except that no assignment under this section may 
     commence after the end of the 5-year period beginning on the 
     date of the enactment of this section.
       ``(c)(1) An employee of the Administration who is assigned 
     to a private sector organization under this section is 
     deemed, during the period of the assignment, to be on detail 
     to a regular work assignment in the Administration.
       ``(2) Notwithstanding any other provision of law, an 
     employee of the Administration who is assigned to a private 
     sector organization under this section is entitled to retain 
     coverage, rights, and benefits under subchapter I of chapter 
     81, and employment during the assignment is deemed employment 
     by the United States, except that, if the employee or the 
     employee's dependents receive from the private sector 
     organization any payment under an insurance policy for which 
     the premium is wholly paid by the private sector 
     organization, or other benefit of any kind on account of the 
     same injury or death, then, the amount of such payment or 
     benefit shall be credited against any compensation otherwise 
     payable under subchapter I of chapter 81.
       ``(3) The assignment of an employee to a private sector 
     organization under this section may be made with or without 
     reimbursement by the private sector organization for the 
     travel and transportation expenses to or from the place of 
     assignment, subject to the same terms and conditions as apply 
     with respect to an employee of a Federal agency or a State or 
     local government under section 3375, and for the pay, or a 
     part thereof, of the employee during assignment. Any 
     reimbursements shall be credited to the appropriation of the 
     Administration used for paying the travel and transportation 
     expenses or pay.
       ``(4) The Federal Tort Claims Act (28 U.S.C. 2671 et seq.) 
     and any other Federal tort liability statute apply to an 
     employee of the Administration assigned to a private sector 
     organization under this section. The supervision of the 
     duties of an employee of the Administration who is so 
     assigned to a private sector organization may be governed by 
     an agreement between the Administration and the organization.
       ``(d)(1) An employee of a private sector organization 
     assigned to the Administration under this section is deemed, 
     during the period of the assignment, to be on detail to the 
     Administration.
       ``(2) An employee of a private sector organization assigned 
     to the Administration under this section--
       ``(A) may continue to receive pay and benefits from the 
     private sector organization from which he is assigned;
       ``(B) is deemed, notwithstanding paragraph (1), to be an 
     employee of the Administration for the purposes of--
       ``(i) chapter 73;
       ``(ii) sections 201, 203, 205, 207, 208, 209, 603, 606, 
     607, 643, 654, 1905, and 1913 of title 18;
       ``(iii) sections 1343, 1344, and 1349(b) of title 31;
       ``(iv) the Federal Tort Claims Act (28 U.S.C. 2671 et seq.) 
     and any other Federal tort liability statute;
       ``(v) the Ethics in Government Act of 1978 (5 U.S.C. 101 et 
     seq.); and
       ``(vi) section 1043 of the Internal Revenue Code of 1986;
       ``(C) may not have access to any trade secrets or to any 
     other nonpublic information which is of commercial value to 
     the private sector organization from which he is assigned; 
     and
       ``(D) is subject to such regulations as the President may 
     prescribe.
     The supervision of an employee of a private sector 
     organization assigned to the Administration under this 
     section may be governed by agreement between the 
     Administration and the private sector organization concerned. 
     Such an assignment may be made with or without reimbursement 
     by the Administration for the pay, or a part thereof, of the 
     employee during the period of assignment, or for any 
     contribution of the private sector organization to employee 
     benefit systems.
       ``(3) An employee of a private sector organization assigned 
     to the Administration under this section who suffers 
     disability or dies as a result of personal injury sustained 
     while performing duties during the assignment shall be 
     treated, for the purpose of subchapter I of chapter 81, as an 
     employee as defined by section 8101 who had sustained the 
     injury in the performance of duty, except that, if the 
     employee or the employee's dependents receive from the 
     private sector organization any payment under an insurance 
     policy for which the premium is wholly paid by the private 
     sector organization, or other benefit of any kind on account 
     of the same injury or death, then, the amount of such payment 
     or benefit shall be credited against any compensation 
     otherwise payable under subchapter I of chapter 81.
       ``(4) A private sector organization may not charge the 
     Federal Government, as direct or indirect costs under a 
     Federal contract, the costs of pay or benefits paid by the 
     organization to an employee assigned to the Administration 
     under this section for the period of the assignment.
       ``(e)(1) The Administration shall, not later than February 
     28 of each year, prepare and submit to the appropriate 
     committees of Congress a report summarizing the operation of 
     this section during the preceding year.
       ``(2) Each report shall include, with respect to the period 
     to which such report relates--
       ``(A) the total number of individuals assigned to, and the 
     total number of individuals assigned from, the Administration 
     during such period;
       ``(B) a brief description of each assignment included under 
     subparagraph (A), including--
       ``(i) the name of the assigned individual, as well as the 
     private sector organization, to or from which such individual 
     was assigned;
       ``(ii) the respective positions to and from which the 
     individual was assigned, including the duties and 
     responsibilities and the pay grade or level associated with 
     each; and
       ``(iii) the duration and objectives of the individual's 
     assignment; and
       ``(C) such other information as the Administration 
     considers appropriate.
       ``(3) A copy of each report submitted under paragraph (1)--
       ``(A) shall be published in the Federal Register; and
       ``(B) shall be made publicly available on the Internet.
       ``(f) The Administrator, in consultation with the Director 
     of the Office of Personnel Management, shall prescribe 
     regulations for the administration of this section.
       ``(g) Not later than 4 years after the date of the 
     enactment of this section, the General Accounting Office 
     shall prepare and submit to the appropriate committees of 
     Congress a report on the operation of this section. Such 
     report shall include--
       ``(1) an evaluation of the effectiveness of the program 
     established by this section; and
       ``(2) a recommendation as to whether such program should be 
     continued (with or without modification) or allowed to lapse.

     ``Sec. 9833. Science and technology scholarship program

       ``(a)(1) The Administrator shall establish a National 
     Aeronautics and Space Administration Science and Technology 
     Scholarship

[[Page 12382]]

     Program to award scholarships to individuals that is designed 
     to recruit and prepare students for careers in the 
     Administration.
       ``(2) Individuals shall be selected to receive scholarships 
     under this section through a competitive process primarily on 
     the basis of academic merit, with consideration given to 
     financial need and the goal of promoting the participation of 
     individuals identified in section 33 or 34 of the Science and 
     Engineering Equal Opportunities Act.
       ``(3) To carry out the Program the Administrator shall 
     enter into contractual agreements with individuals selected 
     under paragraph (2) under which the individuals agree to 
     serve as full-time employees of the Administration, for the 
     period described in subsection (f)(1), in positions needed by 
     the Administration and for which the individuals are 
     qualified, in exchange for receiving a scholarship.
       ``(b) In order to be eligible to participate in the 
     Program, an individual must--
       ``(1) be enrolled or accepted for enrollment as a full-time 
     student at an institution of higher education in an academic 
     field or discipline described in the list made available 
     under subsection (d);
       ``(2) be a United States citizen; and
       ``(3) at the time of the initial scholarship award, not be 
     an employee (as defined in section 2105).
       ``(c) An individual seeking a scholarship under this 
     section shall submit an application to the Administrator at 
     such time, in such manner, and containing such information, 
     agreements, or assurances as the Administrator may require.
       ``(d) The Administrator shall make publicly available a 
     list of academic programs and fields of study for which 
     scholarships under the Program may be utilized and shall 
     update the list as necessary.
       ``(e)(1) The Administrator may provide a scholarship under 
     the Program for an academic year if the individual applying 
     for the scholarship has submitted to the Administrator, as 
     part of the application required under subsection (c), a 
     proposed academic program leading to a degree in a program or 
     field of study on the list made available under subsection 
     (d).
       ``(2) An individual may not receive a scholarship under 
     this section for more than 4 academic years, unless the 
     Administrator grants a waiver.
       ``(3) The dollar amount of a scholarship under this section 
     for an academic year shall be determined under regulations 
     issued by the Administrator, but shall in no case exceed the 
     cost of attendance.
       ``(4) A scholarship provided under this section may be 
     expended for tuition, fees, and other authorized expenses as 
     established by the Administrator by regulation.
       ``(5) The Administrator may enter into a contractual 
     agreement with an institution of higher education under which 
     the amounts provided for a scholarship under this section for 
     tuition, fees, and other authorized expenses are paid 
     directly to the institution with respect to which the 
     scholarship is provided.
       ``(f)(1) The period of service for which an individual 
     shall be obligated to serve as an employee of the 
     Administration is, except as provided in subsection (h)(2), 
     24 months for each academic year for which a scholarship 
     under this section is provided.
       ``(2)(A) Except as provided in subparagraph (B), obligated 
     service under paragraph (1) shall begin not later than 60 
     days after the individual obtains the educational degree for 
     which the scholarship was provided.
       ``(B) The Administrator may defer the obligation of an 
     individual to provide a period of service under paragraph (1) 
     if the Administrator determines that such a deferral is 
     appropriate. The Administrator shall prescribe the terms and 
     conditions under which a service obligation may be deferred 
     through regulation.
       ``(g)(1) Scholarship recipients who fail to maintain a high 
     level of academic standing, as defined by the Administrator 
     by regulation, who are dismissed from their educational 
     institutions for disciplinary reasons, or who voluntarily 
     terminate academic training before graduation from the 
     educational program for which the scholarship was awarded, 
     shall be in breach of their contractual agreement and, in 
     lieu of any service obligation arising under such agreement, 
     shall be liable to the United States for repayment within 1 
     year after the date of default of all scholarship funds paid 
     to them and to the institution of higher education on their 
     behalf under the agreement, except as provided in subsection 
     (h)(2). The repayment period may be extended by the 
     Administrator when determined to be necessary, as established 
     by regulation.
       ``(2) Scholarship recipients who, for any reason, fail to 
     begin or complete their service obligation after completion 
     of academic training, or fail to comply with the terms and 
     conditions of deferment established by the Administrator 
     pursuant to subsection (f)(2)(B), shall be in breach of their 
     contractual agreement. When recipients breach their 
     agreements for the reasons stated in the preceding sentence, 
     the recipient shall be liable to the United States for an 
     amount equal to--
       ``(A) the total amount of scholarships received by such 
     individual under this section; plus
       ``(B) the interest on the amounts of such awards which 
     would be payable if at the time the awards were received they 
     were loans bearing interest at the maximum legal prevailing 
     rate, as determined by the Treasurer of the United States,
     multiplied by 3.
       ``(h)(1) Any obligation of an individual incurred under the 
     Program (or a contractual agreement thereunder) for service 
     or payment shall be canceled upon the death of the 
     individual.
       ``(2) The Administrator shall by regulation provide for the 
     partial or total waiver or suspension of any obligation of 
     service or payment incurred by an individual under the 
     Program (or a contractual agreement thereunder) whenever 
     compliance by the individual is impossible or would involve 
     extreme hardship to the individual, or if enforcement of such 
     obligation with respect to the individual would be contrary 
     to the best interests of the Government.
       ``(i) For purposes of this section--
       ``(1) the term `cost of attendance' has the meaning given 
     that term in section 472 of the Higher Education Act of 1965;
       ``(2) the term `institution of higher education' has the 
     meaning given that term in section 101(a) of the Higher 
     Education Act of 1965; and
       ``(3) the term `Program' means the National Aeronautics and 
     Space Administration Science and Technology Scholarship 
     Program established under this section.
       ``(j)(1) There is authorized to be appropriated to the 
     Administration for the Program $10,000,000 for each fiscal 
     year.
       ``(2) Amounts appropriated under this section shall remain 
     available for 2 fiscal years.

     ``Sec. 9834. Distinguished scholar appointment authority

       ``(a) In this section--
       ``(1) the term `professional position' means a position 
     that is classified to an occupational series identified by 
     the Office of Personnel Management as a position that--
       ``(A) requires education and training in the principles, 
     concepts, and theories of the occupation that typically can 
     be gained only through completion of a specified curriculum 
     at a recognized college or university; and
       ``(B) is covered by the Group Coverage Qualification 
     Standard for Professional and Scientific Positions; and
       ``(2) the term `research position' means a position in a 
     professional series that primarily involves scientific 
     inquiry or investigation, or research-type exploratory 
     development of a creative or scientific nature, where the 
     knowledge required to perform the work successfully is 
     acquired typically and primarily through graduate study.
       ``(b) The Administration may appoint, without regard to the 
     provisions of sections 3304(b) and 3309 through 3318, 
     candidates directly to General Schedule professional 
     positions in the Administration for which public notice has 
     been given, if--
       ``(1) with respect to a position at the GS-7 level, the 
     individual--
       ``(A) received, from an accredited institution authorized 
     to grant baccalaureate degrees, a baccalaureate degree in a 
     field of study for which possession of that degree in 
     conjunction with academic achievements meets the 
     qualification standards as prescribed by the Office of 
     Personnel Management for the position to which the individual 
     is being appointed; and
       ``(B) achieved a cumulative grade point average of 3.0 or 
     higher on a 4.0 scale and a grade point average of 3.5 or 
     higher for courses in the field of study required to qualify 
     for the position;
       ``(2) with respect to a position at the GS-9 level, the 
     individual--
       ``(A) received, from an accredited institution authorized 
     to grant graduate degrees, a graduate degree in a field of 
     study for which possession of that degree meets the 
     qualification standards at this grade level as prescribed by 
     the Office of Personnel Management for the position to which 
     the individual is being appointed; and
       ``(B) achieved a cumulative grade point average of 3.5 or 
     higher on a 4.0 scale in graduate coursework in the field of 
     study required for the position;
       ``(3) with respect to a position at the GS-11 level, the 
     individual--
       ``(A) received, from an accredited institution authorized 
     to grant graduate degrees, a graduate degree in a field of 
     study for which possession of that degree meets the 
     qualification standards at this grade level as prescribed by 
     the Office of Personnel Management for the position to which 
     the individual is being appointed; and
       ``(B) achieved a cumulative grade point average of 3.5 or 
     higher on a 4.0 scale in graduate coursework in the field of 
     study required for the position; or
       ``(4) with respect to a research position at the GS-12 
     level, the individual--
       ``(A) received, from an accredited institution authorized 
     to grant graduate degrees, a graduate degree in a field of 
     study for which possession of that degree meets the 
     qualification standards at this grade level as prescribed by 
     the Office of Personnel Management for the position to which 
     the individual is being appointed; and
       ``(B) achieved a cumulative grade point average of 3.5 or 
     higher on a 4.0 scale in graduate coursework in the field of 
     study required for the position.

[[Page 12383]]

       ``(c) Veterans' preference procedures shall apply when 
     selecting candidates under this section. Preference eligibles 
     who meet the criteria for distinguished scholar appointments 
     shall be considered ahead of nonpreference eligibles.
       ``(d) An appointment made under this authority shall be a 
     career-conditional appointment in the competitive civil 
     service.

     ``Sec. 9835. Travel and transportation expenses of certain 
       new appointees

       ``(a) In this section, the term `new appointee' means--
       ``(1) a person newly appointed or reinstated to Federal 
     service to the Administration to--
       ``(A) a career or career-conditional appointment;
       ``(B) a term appointment;
       ``(C) an excepted service appointment that provides for 
     noncompetitive conversion to a career or career-conditional 
     appointment;
       ``(D) a career or limited term Senior Executive Service 
     appointment;
       ``(E) an appointment made under section 203(c)(2)(A) of the 
     National Aeronautics and Space Act of 1958 (42 U.S.C. 
     2473(c)(2)(A));
       ``(F) an appointment to a position established under 
     section 3104; or
       ``(G) an appointment to a position established under 
     section 5108; or
       ``(2) a student trainee who, upon completion of academic 
     work, is converted to an appointment in the Administration 
     that is identified in paragraph (1) in accordance with an 
     appropriate authority.
       ``(b) The Administrator may pay the travel, transportation, 
     and relocation expenses of a new appointee to the same 
     extent, in the same manner, and subject to the same 
     conditions as the payment of such expenses under sections 
     5724, 5724a, 5724b, and 5724c to an employee transferred in 
     the interests of the United States Government.
       ``(c) The Administrator shall submit to the appropriate 
     committees of Congress, not later than February 28 of each of 
     the next 10 years beginning after the date of enactment of 
     this subchapter--
       ``(1) the average payment for travel and transportation 
     expenses of certain new appointees provided under this 
     section during the preceding year; and
       ``(2) the highest payment for travel and transportation 
     expenses to an individual appointee provided under this 
     section during the preceding year.

     ``Sec. 9836. Annual leave enhancements

       ``(a)(1) In this section--
       ``(A) the term `newly appointed employee' means an 
     individual who is first appointed--
       ``(i) regardless of tenure, as an employee of the Federal 
     Government; or
       ``(ii) as an employee of the Federal Government following a 
     break in service of at least 90 days after that individual's 
     last period of Federal employment, other than--
       ``(I) employment under the Student Educational Employment 
     Program administered by the Office of Personnel Management;
       ``(II) employment as a law clerk trainee;
       ``(III) employment under a short-term temporary appointing 
     authority while a student during periods of vacation from the 
     educational institution at which the student is enrolled;
       ``(IV) employment under a provisional appointment if the 
     new appointment is permanent and immediately follows the 
     provisional appointment; or
       ``(V) employment under a temporary appointment that is 
     neither full-time nor the principal employment of the 
     individual;
       ``(B) the term `period of qualified non-Federal service' 
     means any period of service performed by an individual that--
       ``(i) was performed in a position the duties of which were 
     directly related to the duties of the position in the 
     Administration to which that individual will fill as a newly 
     appointed employee; and
       ``(ii) except for this section, would not otherwise be 
     service performed by an employee for purposes of section 
     6303; and
       ``(C) the term `directly related to the duties of the 
     position' means duties and responsibilities in the same line 
     of work which require similar qualifications.
       ``(b)(1) For purposes of section 6303, the Administrator 
     may deem a period of qualified non-Federal service performed 
     by a newly appointed employee to be a period of service of 
     equal length performed as an employee.
       ``(2) A period deemed by the Administrator under paragraph 
     (1) shall continue to apply to the employee during--
       ``(A) the period of Federal service in which the deeming is 
     made; and
       ``(B) any subsequent period of Federal service.
       ``(c)(1) Notwithstanding section 6303(a), the annual leave 
     accrual rate for an employee of the Administration in a 
     position paid under section 5376 or 5383, or for an employee 
     in an equivalent category whose rate of basic pay is greater 
     than the rate payable at GS-15, step 10, shall be 1 day for 
     each full biweekly pay period.
       ``(2) The accrual rate established under this paragraph 
     shall continue to apply to the employee during--
       ``(A) the period of Federal service in which such accrual 
     rate first applies; and
       ``(B) any subsequent period of Federal service.

     ``Sec. 9837. Limited appointments to Senior Executive Service 
       positions

       ``(a) In this section--
       ``(1) the term `career reserved position' means a position 
     in the Administration designated under section 3132(b) which 
     may be filled only by--
       ``(A) a career appointee; or
       ``(B) a limited emergency appointee or a limited term 
     appointee--
       ``(i) who, immediately before entering the career reserved 
     position, was serving under a career or career-conditional 
     appointment outside the Senior Executive Service; or
       ``(ii) whose limited emergency or limited term appointment 
     is approved in advance by the Office of Personnel Management;
       ``(2) the term `limited emergency appointee' has the 
     meaning given under section 3132; and
       ``(3) the term `limited term appointee' means an individual 
     appointed to a Senior Executive Service position in the 
     Administration to meet a bona fide temporary need, as 
     determined by the Administrator.
       ``(b) The number of career reserved positions which are 
     filled by an appointee as described under subsection 
     (a)(1)(B) may not exceed 10 percent of the total number of 
     Senior Executive Service positions allocated to the 
     Administration.
       ``(c) Notwithstanding sections 3132 and 3394(b)--
       ``(1) the Administrator may appoint an individual to any 
     Senior Executive Service position in the Administration as a 
     limited term appointee under this section for a period of--
       ``(A) 4 years or less to a position the duties of which 
     will expire at the end of such term; or
       ``(B) 1 year or less to a position the duties of which are 
     continuing; and
       ``(2) in rare circumstances, the Administrator may 
     authorize an extension of a limited appointment under--
       ``(A) paragraph (1)(A) for a period not to exceed 2 years; 
     and
       ``(B) paragraph (1)(B) for a period not to exceed 1 year.
       ``(d) A limited term appointee who has been appointed in 
     the Administration from a career or career-conditional 
     appointment outside the Senior Executive Service shall have 
     reemployment rights in the agency from which appointed, or in 
     another agency, under requirements and conditions established 
     by the Office of Personnel Management. The Office shall have 
     the authority to direct such placement in any agency.
       ``(e) Notwithstanding section 3394(b) and section 3395--
       ``(1) a limited term appointee serving under a term 
     prescribed under this section may be reassigned to another 
     Senior Executive Service position in the Administration, the 
     duties of which will expire at the end of a term of 4 years 
     or less; and
       ``(2) a limited term appointee serving under a term 
     prescribed under this section may be reassigned to another 
     continuing Senior Executive Service position in the 
     Administration, except that the appointee may not serve in 1 
     or more positions in the Administration under such 
     appointment in excess of 1 year, except that in rare 
     circumstances, the Administrator may approve an extension up 
     to an additional 1 year.
       ``(f) A limited term appointee may not serve more than 7 
     consecutive years under any combination of limited 
     appointments.
       ``(g) Notwithstanding section 5384, the Administrator may 
     authorize performance awards to limited term appointees in 
     the Administration in the same amounts and in the same manner 
     as career appointees.

     ``Sec. 9838. Superior qualifications pay

       ``(a) In this section the term `employee' means an employee 
     as defined under section 2105 who is employed by the 
     Administration.
       ``(b) Notwithstanding section 5334, the Administrator may 
     set the pay of an employee paid under the General Schedule at 
     any step within the pay range for the grade of the position, 
     based on the superior qualifications of the employee, or the 
     special need of the Administration.
       ``(c) If an exercise of the authority under this section 
     relates to a current employee selected for another position 
     within the Administration, a determination shall be made that 
     the employee's contribution in the new position will exceed 
     that in the former position, before setting pay under this 
     section.
       ``(d) Pay as set under this section is basic pay for such 
     purposes as pay set under section 5334.
       ``(e) If the employee serves for at least 1 year in the 
     position for which the pay determination under this section 
     was made, or a successor position, the pay earned under such 
     position may be used in succeeding actions to set pay under 
     chapter 53.
       ``(f) The Administrator may waive the restrictions in 
     subsection (e), based on criteria established in the plan 
     required under subsection (g).
       ``(g) Before setting any employee's pay under this section, 
     the Administrator shall submit a plan to the Office of 
     Personnel Management, that includes--
       ``(1) criteria for approval of actions to set pay under 
     this section;
       ``(2) the level of approval required to set pay under this 
     section;
       ``(3) all types of actions and positions to be covered;

[[Page 12384]]

       ``(4) the relationship between the exercise of authority 
     under this section and the use of other pay incentives; and
       ``(5) a process to evaluate the effectiveness of this 
     section.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of chapters.--The table of chapters for 
     subchapter I of part III of title 5, United States Code, is 
     amended by adding after the item relating to chapter 97 the 
     following:

   ``98. National Aeronautics and Space Administration........  9801''.
       (2) Compensation for certain excepted personnel.--
     Subparagraph (A) of section 203(c)(2) of the National 
     Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A)) 
     is amended by striking ``the highest rate of grade 18 of the 
     General Schedule of the Classification Act of 1949, as 
     amended,'' and inserting ``the rate of basic pay payable for 
     level III of the Executive Schedule,''.
       (3) Compensation clarification.--Section 209 of title 18, 
     United States Code, as amended by section 209(g)(2) of the E-
     Government Act of 2002 (Public Law 107-347; 116 Stat. 2932), 
     is amended by adding at the end the following:
       ``(h) This section does not prohibit an employee of a 
     private sector organization, while assigned to the National 
     Aeronautics and Space Administration under section 9832 of 
     title 5, from continuing to receive pay and benefits from 
     that organization in accordance with section 9832 of that 
     title.''.
       (4) Continued tsp eligibility.--Section 125(c)(1) of Public 
     Law 100-238 (5 U.S.C. 8432 note), as amended by section 
     209(g)(3) of the E-Government Act of 2002 (Public Law 107-
     347; 116 Stat. 2932), is amended--
       (A) in subparagraph (C), by striking ``or'' at the end;
       (B) in subparagraph (D), by striking ``and'' at the end and 
     inserting ``or''; and
       (C) by adding at the end the following:
       ``(E) an individual assigned from the National Aeronautics 
     and Space Administration to a private sector organization 
     under section 9832 of title 5, United States Code; and''.
       (5) Ethics provisions.--
       (A) One-year restriction on certain communications.--
     Section 207(c)(2)(A)(v) of title 18, United States Code, is 
     amended by inserting ``or section 9832'' after ``chapter 
     37''.
       (B) Disclosure of confidential information.--Section 1905 
     of title 18, United States Code, is amended by inserting ``or 
     section 9832'' after ``chapter 37''.
       (6) Contract advice.--Section 207(l) of title 18, United 
     States Code, is amended by inserting ``or section 9832'' 
     after ``chapter 37''.
       (7) Amendments to title 5, united states code.--Title 5, 
     United States Code, is amended--
       (A) in section 3111(d), by inserting ``or section 9832'' 
     after ``chapter 37''; and
       (B) in section 7353(b)(4), by inserting ``or section 9832'' 
     after ``chapter 37''.
                                 ______
                                 
  SA 756. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 213. GUARDFIST II FIRE SUPPORT TRAINING SYSTEM.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, $791,000 shall be 
     available for Non-System Training Devices Combined Arms (PE 
     0604715F) for the GUARDFIST II fire support training system.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that section is in addition to any other 
     amounts available under this Act for that purpose.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army, the amount available for Next 
     Generation Training and Simulation Systems (PE 0603015A) for 
     the Institute for Creative Technologies (ICT) is hereby 
     reduced by $791,000.

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