[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 13169-13171]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3459. Mr. BINGAMAN proposed an amendment to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; as follows:

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

     SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF 
                   PRISONERS BY THE DEPARTMENT OF DEFENSE.

       (a) Reports Required.--Not later than 90 days after the 
     date of the enactment of this Act, and every six months 
     thereafter, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report on the population 
     of persons held by the Department of Defense for more than 30 
     days and on the facilities in which such persons are held.
       (b) Report Elements.--Each report under subsection (a) 
     shall include the following:
       (1) General information on the foreign national detainees 
     in the custody of the Department for more than 30 days during 
     the 6-month period ending on the date of such report, 
     including the following:
       (A) The total number of such detainees in the custody of 
     the Department at any time during such period.
       (B) The countries in which such detainees were detained, 
     and the number of detainees detained in each such country.
       (C) The total number of detainees in the custody of the 
     Department as of the date of such report.
       (D) The total number of detainees released from the custody 
     of the Department during such period.
       (E) The nationalities of the detainees covered by 
     subparagraph (A), including the number of detainees of each 
     such nationality.
       (F) The number of detainees covered by subparagraph (A) 
     that were transferred to the jurisdiction of another country 
     during such period.
       (2) For each foreign national detained by the Department of 
     Defense during the six-month period ending on the date of 
     such report the following:
       (A) The name.
       (B) The nationality.
       (C) The place at which taken into custody.
       (D) The circumstances of being taken into custody.

[[Page 13170]]

       (E) The place of detention.
       (F) The current length of detention or, if released, the 
     duration of detention at the time of release.
       (G) A categorization as a military detainee or civilian 
     detainee.
       (H) The intentions of the United States Government on such 
     detainee, including whether or not the United States will--
       (i) continue to hold such detainee with justification;
       (ii) repatriate such detainee; or
       (iii) charge such detainee with a crime.
       (I) The history, if any, of transfers of such detainee 
     among detention facilities, including whether or not such 
     detainee been detained at other facilities and, if so, at 
     which facilities and in what locations.
       (3) Information on the detention facilities and practices 
     of the Department for the six-month period ending on the date 
     of such report, including for each facility of the Department 
     at which detainees were detained by the Department during 
     such period the following:
       (A) The name of such facility.
       (B) The location of such facility.
       (C) The number of detainees detained at such facility over 
     the course of such period and as of the end of such period.
       (D) The capacity of such facility.
       (E) The number of military personnel assigned to such 
     facility over the course of such period and as of the end of 
     such period.
       (F) The number of other employees of the United States 
     Government assigned to such facility over the course of such 
     period and as of the end of such period.
       (G) The number of contractor personnel assigned to such 
     facility over the course of such period and as of the end of 
     such period.
       (c) Form of Report.--Each report under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 3460. Mr. WARNER proposed an amendment to amendment SA 3459 
proposed by Mr. Bingaman 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 lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF 
                   PRISONERS BY THE DEPARTMENT OF DEFENSE.

       (a) Reports Required.--Not later than 90 days after the 
     date of the enactment of this Act, and every six months 
     thereafter, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report on the population 
     of detainees held by the Department of Defense and on the 
     facilities in which such detainees are held. The report may 
     be submitted in classified form.
       (b) Report Elements.--Each report under subsection (a) 
     shall include the following:
       (1) General information on the foreign national detainees 
     in the custody of the Department during the six-month period 
     ending on the date of such report, including the following:
       (A) The total number of detainees in the custody of the 
     Department as of the date of such report.
       (B) The countries in which such detainees were detained, 
     and the number of detainees detained in each such country.
       (C) The total number of detainees released from the custody 
     of the Department during such period.
       (D) The nationalities of the detainees covered by 
     subparagraph (A), including the number of detainees of each 
     such nationality.
       (E) The number of detainees covered by subparagraph (A) 
     that were transferred to the jurisdiction of another country 
     during such period, and the identity of each such country.
       (2) Information on the detention facilities and practices 
     of the Department for the six-month period ending on the date 
     of such report, including for each facility of the Department 
     at which detainees were detained by the Department during 
     such period the following:
       (A) The name of such facility.
       (B) The location of such facility.
       (C) The number of detainees detained at such facility over 
     the course of such period and as of the end of such period.
       (D) The capacity of such facility.
       (E) The number of military personnel assigned to such 
     facility over the course of such period and as of the end of 
     such period.
       (F) The number of other employees of the United States 
     Government assigned to such facility over the course of such 
     period and as of the end of such period.
       (G) The number of contractor personnel assigned to such 
     facility over the course of such period and as of the end of 
     such period.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 3461. Mr. WARNER (for Mr. McCain (for himself and Mr. Warner)) 
proposed an amendment to amendment SA 3197 proposed by Mr. Dayton (for 
himself and Mr. Feingold) 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 lieu of the matter proposed to be stricken, insert the 
     following:

     SEC. 842. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT 
                   REQUIREMENTS.

       (a) Authority.--Subchapter V of chapter 148 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2539c. Waiver of domestic source or content 
       requirements

       ``(a) Authority.--Except as provided in subsection (f), the 
     Secretary of Defense may waive the application of any 
     domestic source requirement or domestic content requirement 
     referred to in subsection (b) and thereby authorize the 
     procurement of items that are grown, reprocessed, reused, 
     produced, or manufactured--
       ``(1) in a foreign country that has a Declaration of 
     Principles with the United States;
       ``(2) in a foreign country that has a Declaration of 
     Principles with the United States substantially from 
     components and materials grown, reprocessed, reused, 
     produced, or manufactured in the United States or any foreign 
     country that has a Declaration of Principles with the United 
     States; or
       ``(3) in the United States substantially from components 
     and materials grown, reprocessed, reused, produced, or 
     manufactured in the United States or any foreign country that 
     has a Declaration of Principles with the United States.
       ``(b) Covered Requirements.--For purposes of this section:
       ``(1) A domestic source requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item that is grown, 
     reprocessed, reused, produced, or manufactured in the United 
     States or by a manufacturer that is a part of the national 
     technology and industrial base (as defined in section 2500(1) 
     of this title).
       ``(2) A domestic content requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item produced or 
     manufactured partly or wholly from components and materials 
     grown, reprocessed, reused, produced, or manufactured in the 
     United States.
       ``(c) Applicability.--The authority of the Secretary to 
     waive the application of a domestic source or content 
     requirements under subsection (a) applies to the procurement 
     of items for which the Secretary of Defense determines that--
       ``(1) application of the requirement would impede the 
     reciprocal procurement of defense items under a Declaration 
     of Principles with the United States; and
       ``(2) such country does not discriminate against defense 
     items produced in the United States to a greater degree than 
     the United States discriminates against defense items 
     produced in that country.
       ``(d) Limitation on Delegation.--The authority of the 
     Secretary to waive the application of domestic source or 
     content requirements under subsection (a) may not be 
     delegated to any officer or employee other than the Under 
     Secretary of Defense for Acquisition, Technology and 
     Logistics.
       ``(e) Consultations.--The Secretary may grant a waiver of 
     the application of a domestic source or content requirement 
     under subsection (a) only after consultation with the United 
     States Trade Representative, the Secretary of Commerce, and 
     the Secretary of State.
       ``(f) Laws Not Waivable.--The Secretary of Defense may not 
     exercise the authority under subsection (a) to waive any 
     domestic source or content requirement contained in any of 
     the following laws:
       ``(1) The Small Business Act (15 U.S.C. 631 et seq.).
       ``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
       ``(3) Sections 7309 and 7310 of this title.
       ``(4) Section 2533a of this title.
       ``(g) Relationship to Other Waiver Authority.--The 
     authority under subsection (a) to waive a domestic source 
     requirement or domestic content requirement is in addition to 
     any other authority to waive such requirement.

[[Page 13171]]

       ``(h) Construction With Respect to Later Enacted Laws.--
     This section may not be construed as being inapplicable to a 
     domestic source requirement or domestic content requirement 
     that is set forth in a law enacted after the enactment of 
     this section solely on the basis of the later enactment.
       ``(i) Declaration of Principles.--(1) In this section, the 
     term `Declaration of Principles' means a written 
     understanding (including any Statement of Principles) between 
     the Department of Defense and its counterpart in a foreign 
     country signifying a cooperative relationship between the 
     Department and its counterpart to standardize or make 
     interoperable defense equipment used by the armed forces and 
     the armed forces of the foreign country across a broad 
     spectrum of defense activities, including--
       ``(A) harmonization of military requirements and 
     acquisition processes;
       ``(B) security of supply;
       ``(C) export procedures;
       ``(D) security of information;
       ``(E) ownership and corporate governance;
       ``(F) research and development;
       ``(G) flow of technical information; and
       ``(H) defense trade.
       ``(2) A Declaration of Principles is underpinned by a 
     memorandum of understanding or other agreement providing for 
     the reciprocal procurement of defense items between the 
     United States and the foreign country concerned without 
     unfair discrimination in accordance with section 2531 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2539b the following new item:

``2539c. Waiver of domestic source or content requirements.''.

     SEC. 843. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER 
                   TRADE AGREEMENTS.

       No provision of this Act or any amendment made by this Act 
     shall apply to a procurement by or for the Department of 
     Defense to the extent that the Secretary of Defense, in 
     consultation with the Secretary of Commerce, the United 
     States Trade Representative, and the Secretary of State, 
     determines that it is inconsistent with United States 
     obligations under a trade agreement.
                                 ______
                                 
  SA 3462. Mr. HARKIN (for himself and Mr. Hatch) proposed an amendment 
to amendment SA 3225 proposed by Mr. Durbin 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 lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 717. SENSE OF THE SENATE CONCERNING SERIOUS ADVERSE 
                   EVENT REPORTS.

       (a) Definition.--In this section, the term ``dietary 
     supplement'' has the same meaning given the term in section 
     201(ff) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321(ff)).
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Food and Drug Administration should make it a 
     priority to fully and effectively implement the Dietary 
     Supplement Health and Education Act of 1994 (Public Law 103-
     417, 21 U.S.C. 321 note), including taking appropriate 
     enforcement action against unsafe dietary supplements;
       (2) not more than 180 days after the date of enactment of 
     this section, the Department of Health and Human Services 
     should develop a plan for mandatory reporting of serious 
     adverse events occurring as the result of the ingestion of 
     any dietary supplement or over-the-counter drug and provide 
     that plan for review and consideration by Congress; and
       (3) adequate resources should be made available for the 
     effective oversight of dietary supplements and for sound 
     scientific research on dietary supplements.
                                 ______
                                 
  SA 3463. Mr. DURBIN proposed an amendment to amendment SA 3225 
proposed by Mr. Durbin 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, insert the following:
       (d) This section becomes effective upon enactment.

                          ____________________