[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 12740-12741]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3453. Mr. WARNER proposed an amendment to amendment SA 3354 
proposed by Mr. Reed to the bill S. 2400, to authorize appropriations 
for fiscal year 2005 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Services, and for other purposes; as follows:

       In the matter proposed to be inserted, strike subsections 
     (a) and (b) and insert the following:
       (a) Testing Criteria.--Not later than February 1, 2005, the 
     Secretary of Defense, in consultation with the Director of 
     Operational Test and Evaluation, shall prescribe appropriate 
     criteria for operationally realistic testing of fieldable 
     prototypes developed under the ballistic missile defense 
     spiral development program. The Secretary shall submit a copy 
     of the prescribed criteria to the congressional defense 
     committees.
       (b) Use of Criteria.--(1) The Secretary of Defense shall 
     ensure that, not later than October 1, 2005, a test of the 
     ballistic missile defense system is conducted consistent with 
     the criteria prescribed under subsection (a).
       (2) The Secretary of Defense shall ensure that each block 
     configuration of the ballistic missile defense system is 
     tested consistent with the criteria prescribed under 
     subsection (a).
       (c) Relationship to Other Law.--Nothing in this section 
     shall be construed to exempt any spiral development program 
     of the Department of Defense, after completion of the spiral 
     development, from the applicability of any provision of 
     chapter 144 of title 10, United States Code, or section 139, 
     181, 2366, 2399, or 2400 of such title in accordance with the 
     terms and conditions of such provision.
                                 ______
                                 
  SA 3454. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE 
                   SUPPLEMENTAL SUBSISTENCE ALLOWANCE AND 
                   ELIGIBILITY TO RECEIVE IMMINENT DANGER PAY, 
                   FAMILY SEPARATION ALLOWANCE, AND CERTAIN 
                   FEDERAL ASSISTANCE.

       (a) Entitlement Not Affected by Receipt of Imminent Danger 
     Pay and Family Separation Allowance.--Subsection (b)(2) of 
     section 402a of title 37, United States Code, is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) shall not take into consideration--
       ``(i) the amount of the supplemental subsistence allowance 
     that is payable under this section;
       ``(ii) the amount of special pay (if any) that is payable 
     under section 310 of this section, relating to duty subject 
     to hostile fire or imminent danger; or
       ``(iii) the amount of family separation allowance (if any) 
     that is payable under section 427 of this title; but''.
       (b) Eligibility for Other Federal Assistance.--Section 402a 
     of such title is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Eligibility for Other Federal Assistance.--(1)(A) A 
     child or spouse of a member of the armed forces receiving the 
     supplemental subsistence allowance under this section who, 
     except for the receipt of such allowance, would otherwise be 
     eligible to receive a benefit described in subparagraph (B) 
     shall be considered to be eligible for that benefit.
       ``(B) The benefits referred to in subparagraph (A) are as 
     follows:
       ``(i) Assistance provided under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(ii) Assistance provided under the Child Nutrition Act of 
     1966 (42 U.S.C. 1771 et seq.).
       ``(iii) A service under the Head Start Act (42 U.S.C. 9831 
     et seq.).
       ``(iv) Assistance under the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
       ``(2) A household that includes a member of the armed 
     forces receiving the supplemental subsistence allowance under 
     this section and, except for the receipt of such allowance, 
     would otherwise be eligible to receive a benefit under the 
     Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 
     et seq.) shall be considered to be eligible for that 
     benefit.''.
       (c) Requirement for Report.--(1) Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the committees of Congress named in 
     paragraph (2) a report on the accessibility of social 
     services to members of the Armed Forces and their families. 
     The report shall include the following matters:
       (A) The social services for which members of the Armed 
     Forces and their families are eligible under social services 
     programs generally available to citizens and other nationals 
     of the United States.
       (B) The extent to which members of the Armed Forces and 
     their families utilize the social services for which they are 
     eligible under the programs identified under subparagraph 
     (A).
       (C) The efforts made by each of the military departments--
       (i) to ensure that members of the Armed Forces and their 
     families are aware of the social services for which they are 
     eligible under the programs identified under subparagraph 
     (A); and
       (ii) to assist members and their families in applying for 
     and obtaining such social services.
       (2) The committees of Congress referred to in paragraph (1) 
     are as follows:
       (A) The Committee on Armed Services and the Committee on 
     Health, Education, Labor, and Pensions of the Senate.
       (B) The Committee on Armed Services of the House of 
     Representatives.
       (d) Effective Date.--(1) Except as provided in paragraph 
     (2), this section and the amendments made by this section 
     shall take effect on October 1, 2004.
       (2) Subsection (c) shall take effect on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3455. Mr. McCONNELL (for himself and Ms. Snowe) submitted an 
amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 164, after line 18, insert the following:

     SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON 
                   THE VALUE RANGE OF THE CONTRACTS TO WHICH A 
                   SMALL BUSINESS CONTRACT RESERVATION APPLIES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) in the administration of the requirement for 
     reservation of contracts for small businesses under 
     subsection (j) of section 15 of the Small Business Act (15 
     U.S.C. 644), the maximum amount in the contract value range 
     provided under that subsection should be treated as being 
     adjusted to the same amount to which the simplified 
     acquisition threshold is increased whenever such threshold is 
     increased under law; and
       (2) the Administrator of the Small Business Administration, 
     in consultation with the Federal Acquisition Regulatory 
     Council, should ensure that appropriate governmentwide 
     policies and procedures are in place--
       (A) to monitor socioeconomic data concerning purchases made 
     by means of purchase cards or credit cards issued for use in 
     transactions on behalf of the Federal Government; and
       (B) to encourage the placement of a fair portion of such 
     purchases with small businesses consistent with 
     governmentwide goals for small business prime contracting 
     established under section 15(g) of the Small Business Act (15 
     U.S.C. 644(g)).
       (b) Simplified Acquisition Threshold Defined.--In this 
     section, the term ``simplified acquisition threshold'' has 
     the meaning given such term in section 4(11) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(11)).
                                 ______
                                 
  SA 3456. Ms. SNOWE submitted an amendment intended to be proposed by

[[Page 12741]]

her to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 158, between lines 6 and 7, insert the following:

     SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR ADVISORY 
                   PANEL ON REVIEW OF GOVERNMENT PROCUREMENT LAWS 
                   AND REGULATIONS.

       (a) Relationship of Recommendations to Small Businesses.--
     Section 1423 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 106-136; 117 Stat. 1669; 41 
     U.S.C. 405 note) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Issues Relating to Small Businesses.--In developing 
     recommendations under subsection (c)(2), the panel shall--
       ``(1) consider the effects of its recommendations on small 
     business concerns; and
       ``(2) include any recommended modifications of laws, 
     regulations, and policies that the panel considers necessary 
     to enhance and ensure competition in contracting that affords 
     small business concerns meaningful opportunity to participate 
     in Federal Government contracts.''.
       (b) Revision and Extension of Reporting Requirement.--
     Section 1423(d) of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1669; 41 
     U.S.C. 405 note) is amended--
       (1) by striking ``one year after the establishment of the 
     panel'' and inserting ``one year after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2005'';
       (2) by striking ``Services and'' both places it appears and 
     inserting ``Services,'';
       (3) by inserting ``, and Small Business'' after 
     ``Government Reform''; and
       (4) by inserting ``, and Small Business and 
     Entrepreneurship'' after ``Governmental Affairs''.
                                 ______
                                 
  SA 3457. Mr. BURNS (for himself and Mr. Ensign) proposed an amendment 
to amendment SA 3235 proposed by Mr. Brownback to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; as follows:

       At the end of the amendment, add the following:

     SEC. ADDITIONAL FACTORS IN INDECENCY PENALTIES; EXCEPTION.

       Section 503(b)(2) of the Communications Act of 1934 (47 
     U.S.C. 503(b)(2)), as amended by section 102 of this Act, is 
     further amended by adding at the end the following:
       ``(F) In the case of a violation in which the violator is 
     determined by the Commission under paragraph (1) to have 
     uttered obscene, indecent, or profane material, the 
     Commission shall take into account, in addition to the 
     matters described in subparagraph (E), the following factors 
     with respect to the degree of culpability of the violator:
       ``(i) Whether the material uttered by the violator was live 
     or recorded, scripted or unscripted.
       ``(ii) Whether the violator had a reasonable opportunity to 
     review recorded or scripted programming or had a reasonable 
     basis to believe live or unscripted programming would contain 
     obscene, indecent, or profane material.
       ``(iii) If the violator originated live or unscripted 
     programming, whether a time delay blocking mechanism was 
     implemented for the programming.
       ``(iv) The size of the viewing or listening audience of the 
     programming.
       ``(v) The size of the market.
       ``(vi) Whether the violation occurred during a children's 
     television program (as such term is used in the Children's 
     Television Programming Policy referenced in section 
     73.4050(c) of the Commission's regulations (47 C.F.R. 
     73.4050(c)) or during a television program rated TVY, TVY7, 
     TVY7FV, or TVG under the TV Parental Guidelines as such 
     ratings were approved by the Commission in implementation of 
     section 551 of the Telecommunications Act of 1996, Video 
     Programming Ratings, Report and Order, CS Docket No. 97-55, 
     13 F.C.C. Rcd. 8232 (1998)), and, with respect to a radio 
     broadcast station licensee, permittee, or applicant, whether 
     the target audience was primarily comprised of, or should 
     reasonably have been expected to be primarily comprised of, 
     children.
       ``(G) The Commission may double the amount of any 
     forfeiture penalty (not to exceed $550,000 for the first 
     violation, $750,000 for the second violation, and $1,000,000 
     for the third or any subsequent violation not to exceed up to 
     $3,000,000 for all violations in a 24 hour time period 
     notwithstanding section 503(b)(2)(C)) if the Commission 
     determines additional factors are present which are 
     aggravating in nature, including--
       ``(i) whether the material uttered by the violator was 
     recorded or scripted;
       ``(ii) whether the violator had a reasonable opportunity to 
     review recorded or scripted programming or had a reasonable 
     basis to believe live or unscripted programming would contain 
     obscene, indecent, or profane material;
       ``(iii) whether the violator failed to block live or 
     unscripted programming;
       ``(iv) whether the size of the viewing or listening 
     audience of the programming was substantially larger than 
     usual, such as a national or international championship 
     sporting event or awards program;
       ``(v) whether the obscene, indecent or profane language was 
     within live programming not produced by the station licensee 
     or permittee; and
       ``(vi) whether the violation occurred during a children's 
     television program (as defined in subparagraph (F)(vi)).''.

     

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