[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 13409-13419]
[From the U.S. Government Publishing Office, www.gpo.gov]




    NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005--Resumed

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


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

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


                    Amendment No. 3329, As Modified

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

[[Page 13410]]



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

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


                    AMENDMENT NO. 3433, as modified

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


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

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

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


                    AMENDMENT NO. 3234, as modified

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

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

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


                           AMENDMENT NO. 3471

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

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

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

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


                    AMENDMENT NO. 3289, as modified

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

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

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


                    AMENDMENT NO. 3179, as modified

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

     SEC. 217. ADVANCED FERRITE ANTENNA.

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


                    Amendment No. 3351, As Modified

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

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

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


                    Amendment No. 3239, As Modified

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

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

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


                           Amendment No. 3264

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

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

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

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


                    Amendment No. 3157, As Modified

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

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

       (a) Additional Amount for Advanced Manufacturing 
     Strategies.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, the amount available for 
     Advanced Manufacturing Technologies (PE 0708011S) is hereby 
     increased by $2,000,000.

[[Page 13411]]

       (b) Amount for Radiation Casualty Research.--Of the amount 
     authorized to be appropriated by section 201(4) for research, 
     development, test, and evaluation, Defense-wide activities, 
     $3,000,000 may be available for Radiation Casualty Research 
     (PE 0603002D8Z).
       (c) Offset.--The amount authorized to be appropriated by 
     section 421 is hereby reduced by $5,000,000, with the amount 
     of the reduction to be derived from excess amounts provided 
     for military personnel of the Air Force.


                           amendment no. 3429

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

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

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

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

[[Page 13412]]

     goods or services under paragraph (1) shall include--
       (A) a description of the goods or services;
       (B) the United States origin of the good or service;
       (C) the authorized recipient of the good or service;
       (D) a detailed description of the unauthorized end-use or 
     diversion, including any knowledge by the United States 
     exporter of such unauthorized end-use or diversion;
       (E) any enforcement action taken by the Government of the 
     United States; and
       (F) any enforcement action taken by the government of the 
     recipient nation.


                    AMENDMENT NO. 3327, as modified

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

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

       (a) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the need for one or more national centers of excellence 
     for unmanned aerial and ground vehicles.
       (b) Goal of Centers.--The goal of the centers covered by 
     the report is to promote interservice cooperation and 
     coordination in the following areas:
       (1) Development of joint doctrine for the organization, 
     training, and use of unmanned aerial and ground vehicles.
       (2) Joint research, development, test, and evaluation, and 
     joint procurement of unmanned aerial and ground vehicles.
       (3) Identification and coordination, in conjunction with 
     the private sector and academia, of the future development of 
     unmanned aerial and ground vehicles.
       (4) Monitoring of the development and utilization of 
     unmanned aerial and ground vehicles in other nations for both 
     military and non-military purposes.
       (5) The providing of joint training and professional 
     development opportunities in the use and operation of 
     unmanned aerial and ground vehicles to military personnel of 
     all ranks and levels of responsibility.
       (c) Report Requirements.--The report shall include, at a 
     minimum, the following:
       (1) A list of facilities where the Defense Department 
     currently conducts or plans to conduct research, development, 
     and testing activities on unmanned aerial and ground 
     vehicles.
       (2) A list of facilities where the Department of Defense 
     currently deploys or has committed to deploying unmanned 
     aerial or ground vehicles.
       (3) The extent to which existing facilities described in 
     paragraphs (1) and (2) have sufficient unused capacity and 
     expertise to research, develop, test, and deploy the current 
     and next generations of unmanned aerial and ground vehicles 
     and to provide for the development of doctrine on the use and 
     training of operators of such vehicles.
       (4) The extent to which efficiencies on research, 
     development, testing, and deployment of existing or future 
     unmanned aerial and ground vehicles can be achieved through 
     consolidation at one or more national centers of excellence 
     for unmanned aerial and ground vehicles.
       (5) A list of potential locations for national centers of 
     excellence.
       (d) Considerations.--In determining the potential locations 
     for the national centers of excellence under this section, 
     the Secretary of Defense shall take into consideration 
     existing Air Force facilities that have--
       (1) a workforce of skilled personnel;
       (2) existing capacity of runways and other facilities to 
     accommodate the research, testing, and deployment of current 
     and future unmanned aerial vehicles; and
       (3) minimal restrictions on the research, development, and 
     testing of unmanned aerial vehicles resulting from proximity 
     to large population centers or airspace heavily utilized by 
     commercial flights.


                    AMENDMENT NO. 3431, as modified

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

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

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


                    AMENDMENT NO. 3337, as modified

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

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

       (a) Report Required.--(1) Not later than March 31, 2005, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the conduct of military 
     operations during the post-major combat operations phase of 
     Operation Iraqi Freedom.
       (2) The report shall be prepared in consultation with the 
     Chairman of the Joint Chiefs of Staff, the Commander of the 
     United States Central Command, and such other officials as 
     the Secretary considers appropriate.
       (b) Content.--(1) The report shall include a discussion of 
     the matters described in paragraph (2), with a particular 
     emphasis on accomplishments and shortcomings and on near-term 
     and long-term corrective actions to address such 
     shortcomings.
       (2) The matters to be discussed in the report are as 
     follows:
       (A) The military and political objectives of the 
     international coalition conducting the post-major combat 
     operations phase of Operation Iraqi Freedom, and the military 
     strategy selected to achieve such objectives, together with 
     an assessment of the execution of the military strategy.
       (B) The mobilization process for the reserve components of 
     the Armed Forces, including the timeliness of notification, 
     training and certification, and subsequent demobilization.
       (C) The use and performance of major items of United States 
     military equipment, weapon systems, and munitions (including 
     non-lethal weapons and munitions, items classified under 
     special access procedures, and items drawn from prepositioned 
     stocks) and any expected effects of the experience with the 
     use and performance of such items on the doctrinal and 
     tactical employment of such items and on plans for continuing 
     the acquisition of such items.
       (D) Any additional requirements for military equipment, 
     weapon systems, munitions, force structure, or other 
     capability identified during the post-major combat operations 
     phase of Operation Iraqi Freedom, including changes in type 
     or quantity for future operations.
       (E) The effectiveness of joint air operations, together 
     with an assessment of the effectiveness of--
       (i) the employment of close air support; and
       (ii) attack helicopter operations.
       (F) The use of special operations forces, including 
     operational and intelligence uses.
       (G) The scope of logistics support, including support to 
     and from other nations and from international organizations 
     and organizations and individuals from the private sector in 
     Iraq.
       (H) The incidents of accidental fratricide, including a 
     discussion of the effectiveness of the tracking of friendly 
     forces and the use of the combat identification systems in 
     mitigating friendly fire incidents.
       (I) The adequacy of spectrum and bandwidth to transmit 
     information to operational forces and assets, including 
     unmanned aerial vehicles, ground vehicles, and individual 
     soldiers.
       (J) The effectiveness of strategic, operational, and 
     tactical information operations, including psychological 
     operations and assets, organization, and doctrine related to 
     civil affairs, in achieving established objectives, together 
     with a description of technological and other restrictions on 
     the use of information operations capabilities.

[[Page 13413]]

       (K) The readiness of the reserve component forces used in 
     the post-major combat operations phase of Operation Iraqi 
     Freedom, including an assessment of the success of the 
     reserve component forces in accomplishing their missions.
       (L) The adequacy of intelligence support during the post-
     major combat operations phase of Operation Iraqi Freedom, 
     including the adequacy of such support in searches for 
     weapons of mass destruction.
       (M) The rapid insertion and integration, if any, of 
     developmental but mission-essential equipment, organizations, 
     or procedures during the post-major combat operations phase 
     of Operation Iraqi Freedom.
       (N) A description of the coordination, communication, and 
     unity of effort between the Armed Forces, the Coalition 
     Provisional Authority, other United States government 
     agencies and organizations, nongovernmental organizations, 
     and political, security, and nongovernmental organizations of 
     Iraq, including an assessment of the effectiveness of such 
     efforts.
       (O) The adequacy of training for military units once 
     deployed to the United States Central Command, including 
     training for changes in unit mission and continuation 
     training for high-intensity conflict missions.
       (P) An estimate of the funding required to return or 
     replace equipment used to date in Operation Iraqi Freedom, 
     including equipment in prepositioned stocks, to mission-ready 
     condition.
       (Q) A description of military civil affairs and 
     reconstruction efforts, including through the Commanders 
     Emergency Response Program, and an assessment of the 
     effectiveness of such efforts and programs.
       (R) The adequacy of the requirements determination and 
     acquisition processes, acquisition, and distribution of force 
     protection equipment, including personal gear, vehicles, 
     helicopters, and defense devices.
       (S) The most critical lessons learned that could lead to 
     long-term doctrinal, organizational, and technological 
     changes, and the probable effects that an implementation of 
     those changes would have on current visions, goals, and plans 
     for transformation of the Armed Forces or the Department of 
     Defense.
       (T) The planning for and implementation of morale, welfare, 
     and recreation programs for deployed forces and support to 
     dependents, including rest and recuperation programs and 
     personal communication benefits such as telephone, mail, and 
     email services, including an assessment of the effectiveness 
     of such programs.
       (U) An analysis of force rotation plans, including 
     individual personnel and unit rotations, differing deployment 
     lengths, and in-theater equipment repair and leave behinds.
       (c) Form of Report.--The report shall be submitted in 
     unclassified form, but may include a classified annex.
       (d) Post-Major Combat Operations Phase of Operation Iraqi 
     Freedom Defined.--In this section, the term ``post-major 
     combat operations phase of Operation Iraqi Freedom'' means 
     the period of Operation Iraqi Freedom beginning on May 2, 
     2003, and ending on December 31, 2004.


                           AMENDMENT NO. 3430

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

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

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

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


                           AMENDMENT NO. 3367

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

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

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

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


                    AMENDMENT NO. 3198, as modified

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


                    AMENDMENT NO. 3365, as modified

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

     SEC. 1068. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.

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


                           AMENDMENT NO. 3293

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

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

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

       (a) Requirement for Analysis.--Not later than February 1, 
     2005, the Comptroller General shall submit to Congress an 
     analysis of

[[Page 13414]]

     the potential for use of transitional benefit corporations in 
     connection with competitive sourcing of the performance of 
     activities and functions of the Department of Defense.
       (b) Specific Issues.--The analysis under this section 
     shall--
       (1) address the capabilities of transitional benefit 
     corporations--
       (A) to preserve human capital and surge capability;
       (B) to promote economic development and job creation;
       (C) to generate cost savings; and
       (D) to generate efficiencies that are comparable to or 
     exceed the efficiencies that result from competitive sourcing 
     carried out by the Department of Defense under the procedures 
     applicable to competitive sourcing by the Department of 
     Defense; and
       (2) identify areas within the Department of Defense in 
     which transitional benefit corporations could be used to add 
     value, reduce costs, and provide opportunities for beneficial 
     use of employees and other resources that are displaced by 
     competitive sourcing of the performance of activities and 
     functions of the Department of Defense.
       (d) Transitional Benefit Corporation Defined.--In this 
     section, the term ``transitional benefit corporation'' means 
     a corporation that facilitates the transfer of designated 
     (usually underutilized) real estate, equipment, intellectual 
     property, or other assets of the United States to the private 
     sector in a process that enables employees of the United 
     States in positions associated with the use of such assets to 
     retain eligibility for Federal employee benefits and to 
     continue to accrue those benefits.


                    AMENDMENT NO. 3399, as modified

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

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

       (a) Requirement for Study.--The Comptroller General shall 
     carry out a study of the programs of the Department of 
     Defense and other departments and agencies of the Federal 
     Government under which transition assistance is provided to 
     personnel who are separating from active duty service in the 
     Armed Forces.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report on the results of the study to the Committees on Armed 
     Services of the Senate and the House of Representatives. The 
     report shall include the following matters:
       (1) Regarding the transition assistance programs under 
     section 1142 and 1144 of title 10, United States Code--
       (A) an analysis of the extent to which such programs are 
     meeting the current needs of members of the Armed Forces as 
     such personnel are discharged or released from active duty, 
     including--
       (i) a discussion of the original purposes of the programs;
       (ii) a discussion of how the programs are currently being 
     administered in relationship to those purposes; and
       (iii) an assessment of whether the programs are adequate to 
     meet the current needs of members of the reserve components, 
     including the National Guard; and
       (B) any recommendations that the Comptroller General 
     considers appropriate for improving such programs, including 
     any recommendation regarding whether participation by members 
     of the Armed Forces in such programs should be required.
       (2) An analysis of the differences, if any, among the Armed 
     Forces and among the commands of military installations of 
     the Armed Forces regarding how transition assistance is being 
     provided under the transition assistance programs, together 
     with any recommendations that the Comptroller General 
     considers appropriate--
       (A) to achieve uniformity in the provision of assistance 
     under such programs; and
       (B) to ensure that the transition assistance is provided 
     under such programs to members of the Armed Forces who are 
     being separated at medical facilities of the uniformed 
     services or Department of Veterans Affairs medical centers 
     and to Armed Forces personnel on a temporary disability 
     retired list under section 1202 or 1205 of title 10, United 
     States Code.
       (3) An analysis of the relationship of Department of 
     Defense transition assistance programs to the transition 
     assistance programs of the Department of Veterans Affairs and 
     the Department of Labor, including the relationship of the 
     benefits delivery at discharge program carried out jointly by 
     the Department of Defense and the Department of Veterans 
     Affairs to the other transition assistance programs.
       (4) The rates of participation of Armed Forces personnel in 
     the transition assistance programs, together with any 
     recommendations that the Comptroller General considers 
     appropriate to increase such participation rates, including 
     any revisions of such programs that could result in increased 
     participation.
       (5) An assessment of whether the transition assistance 
     information provided to Armed Forces personnel omits 
     transition information that would be beneficial to such 
     personnel, including an assessment of the extent to which 
     information is provided under the transition assistance 
     programs regarding participation in Federal Government 
     procurement opportunities available at prime contract and 
     subcontract levels to veterans with service-connected 
     disabilities and other veterans, together with any 
     recommendations that the Comptroller General considers 
     appropriate regarding additional information that should be 
     provided and any other recommendations that the Comptroller 
     General considers appropriate for enhancing the provision of 
     counseling on such procurement opportunities.
       (6) An assessment of the extent to which representatives of 
     military service organizations and veterans' service 
     organizations are afforded opportunities to participate, and 
     do participate, in preseparation briefings under transition 
     assistance programs, together with any recommendations that 
     the Comptroller General considers appropriate regarding how 
     representatives of such organizations could better be used to 
     disseminate transition assistance information and provide 
     preseparation counseling to Armed Forces personnel, including 
     personnel of the reserve components who are being released 
     from active duty for continuation of service in the reserve 
     components.
       (7) An analysis of the use of post-deployment and 
     predischarge health screenings, together with any 
     recommendations that the Comptroller General considers 
     appropriate regarding whether and how to integrate the health 
     screening process and the transition assistance programs into 
     a single, coordinated preseparation program for Armed Forces 
     personnel being discharged or released from active duty.
       (8) An analysis of the processes of the Armed Forces for 
     conducting physical examinations of members of the Armed 
     Forces in connection with discharge and release from active 
     duty, including--
       (A) how post-deployment questionnaires are used;
       (B) the extent to which Armed Forces personnel waive the 
     physical examinations; and
       (C) how, and the extent to which, Armed Forces personnel 
     are referred for followup health care.
       (9) A discussion of the current process by which mental 
     health screenings are conducted, followup mental health care 
     is provided for, and services are provided in cases of post-
     traumatic stress disorder and related conditions for members 
     of the Armed Forces in connection with discharge and release 
     from active duty, together with--
       (A) for each of the Armed Forces, the programs that are in 
     place to identify and treat cases of post-traumatic stress 
     disorder and related conditions; and
       (B) for persons returning from deployments in connection 
     with Operation Enduring Freedom and Operation Iraqi Freedom--
       (i) the number of persons treated as a result of such 
     screenings; and
       (ii) the types of interventions.
       (c) Acquisition of Supporting Information.--In carrying out 
     the study under this section, the Comptroller General shall 
     seek to obtain views from the following persons:
       (1) The Secretary of Defense and the Secretaries of the 
     military departments.
       (2) The Secretary of Veterans Affairs.
       (3) The Secretary of Labor.
       (4) Armed Forces personnel who have received transition 
     assistance under the programs covered by the study and Armed 
     Forces personnel who have declined to accept transition 
     assistance offered under such programs.
       (5) Representatives of military service organizations and 
     representatives of veterans' service organizations.
       (6) Persons having expertise in health care (including 
     mental health care) provided under the Defense Health 
     Program, including Department of Defense personnel, 
     Department of Veterans Affairs personnel, and persons in the 
     private sector.

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

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

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

       Section 1142 of title 10, United States Code, is amended--
       (1) by adding at the end of subsection (b) the following 
     new paragraph:
       ``(11) Information on participation in Federal Government 
     procurement opportunities that are available at the prime 
     contract level and at subcontract levels to veterans with 
     service-connected disabilities and other veterans.''; and

[[Page 13415]]

       (2) by adding at the end the following new subsection:
       ``(d) Requirements Relating to Counseling on Procurement 
     Opportunities.--(1) For the counseling under subsection 
     (b)(11), the Secretary concerned may provide for 
     participation of representatives of the Secretary of Veterans 
     Affairs, representatives of the Administrator of the Small 
     Business Administration, representatives of other appropriate 
     executive agencies, and representatives of Veterans' Business 
     Outreach Centers and Small Business Development Centers.
       ``(2) The Secretary concerned may provide for the 
     counseling under paragraph (11) of subsection (b) to be 
     offered at medical centers of the Department of Veterans 
     Affairs as well as the medical care facilities of the 
     uniformed services and other facilities at which the 
     counseling on the other matters required under such 
     subsection is offered. The access of representatives 
     described in paragraph (1) to a member of the armed forces to 
     provide such counseling shall be subject to the consent of 
     that member.''.


                    AMENDMENT NO. 3325, as modified

       Strike section 867, and insert the following:

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

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


                    AMENDMENT NO. 3204, as modified

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

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

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


                    AMENDMENT NO. 3441, as modified

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

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

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


                    AMENDMENT NO. 3333, as modified

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

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

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

[[Page 13416]]

     to such operations, including personnel costs.


                           AMENDMENT NO. 3319

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

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

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

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


                           AMENDMENT NO. 3339

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

       At the end of division B, add the following:

                  TITLE XXXIV--MARITIME ADMINISTRATION

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

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

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


                    Amendment No. 3371, As Modified

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

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

     SEC. 642. DEATH BENEFITS ENHANCEMENT.

       (a) Final Actions on Fiscal Year 2004 Death Benefits 
     Study.--(1) Congress finds that the study of the Federal 
     death benefits for survivors of deceased members of the Armed 
     Forces under section 647 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1520) has given Congress sufficient insight to 
     initiate action to provide for the enhancement of the current 
     set of death benefits that are provided under law for the 
     survivors.
       (2) The Secretary of Defense shall expedite the completion 
     and submission of the final report, which was due on March 1, 
     2004, under section 647 of the National Defense Authorization 
     Act for Fiscal Year 2004.
       (3) It is the sense of Congress that the President should 
     promptly submit to Congress any recommendation for 
     legislation, together with a request for appropriations, that 
     the President determines necessary to implement the death 
     benefits enhancements that are recommended in the final 
     report under section 647 of the National Defense 
     Authorization Act for Fiscal Year 2004.
       (b) Increases of Death Gratuity Consistent With Increases 
     of Rates of Basic Pay.--Section 1478 of title 10, United 
     States Code, is amended--
       (1) in subsection (a), by inserting ``(as adjusted under 
     subsection (c)'' before the period at the end of the first 
     sentence; and
       (2) by adding at the end the following new subsection:
       ``(c) Effective on the date on which rates of basic pay 
     under section 204 of this title are increased under section 
     1009 of title 37 or any other provision of law, the amount of 
     the death gratuity provided under subsection (a) shall be 
     increased by the same overall average percentage of the 
     increase in the rates of basic pay taking effect on that 
     date.''.
       (c) Fiscal Year 2005 Actions.--At the same time that the 
     President submits to Congress the budget for fiscal year 2006 
     under section 1105(a) of title 31, United States Code, the 
     President shall submit to the appropriate committees of 
     Congress referred to in subsection (g) a draft or drafts of 
     legislation to provide enhanced death benefits for survivors 
     of deceased members of the uniformed services. The draft 
     legislation shall include provisions for the following:
       (1) Revision of the Servicemembers' Group Life Insurance 
     program to provide for--
       (A) an increase of the maximum benefit provided under 
     Servicemembers' Group Life Insurance to $350,000, together 
     with an increase, each fiscal year, by the same overall 
     average percentage increase that takes effect during such 
     fiscal year in the rates of basic pay under section 204 of 
     title 37, United States Code; and
       (B) a minimum benefit of $100,000 at no cost to the insured 
     members of the uniformed services who elect the maximum 
     coverage, together with an increase in such minimum benefit 
     each fiscal year by the same percentage increase as is 
     described in subparagraph (A).
       (2) An additional set of death benefits for each member of 
     the uniformed services who dies in the line of duty while on 
     active duty that includes, at a minimum, an additional death 
     gratuity in the amount that--
       (A) in the case of a member not described in subparagraph 
     (B), is equal to the sum of--
       (i) the total amount of the basic pay to which the deceased 
     member would have been entitled under section 204 of title 
     37, United States Code, if the member had not died and had 
     continued to serve on active duty for an additional year; and
       (ii) the total amount of all allowances and special pays 
     that the member would have been entitled to receive under 
     title 37, United States Code, over the one-year period 
     beginning on the member's date of death if the member had not 
     died and had continued to serve on active duty for an 
     additional year with the unit to which the member was 
     assigned or detailed on such date; and
       (B) in the case of a member who dies as a result of an 
     injury caused by or incurred while exposed to hostile action 
     (including any hostile fire or explosion and any hostile 
     action from a terrorist source), is equal to twice the amount 
     calculated under subparagraph (A).
       (3) Any other new death benefits or enhancement of existing 
     death benefits that the President recommends.
       (4) Retroactive applicability of the benefits referred to 
     in paragraph (2) and, as appropriate, the benefits 
     recommended under paragraph (3) so as to provide the 
     benefits--
       (A) for members of the uniformed services who die in line 
     of duty on or after October 7, 2001, of a cause incurred or 
     aggravated while deployed in support of Operation Enduring 
     Freedom; and
       (B) for members of the uniformed services who die in line 
     of duty on or after March 19, 2003, of a cause incurred or 
     aggravated while deployed in support of Operation Iraqi 
     Freedom.
       (d) Consultation.--The President shall consult with the 
     Secretary of Defense and the Secretary of Veterans Affairs in 
     developing the draft legislation required under subsection 
     (c).
       (e) Fiscal Year 2006 Budget Submission.--The budget for 
     fiscal year 2006 that is submitted to Congress under section 
     1105(a) of title 31, United States Code, shall include draft 
     legislation (other than draft appropriations) that includes 
     provisions that, on the basis of the assumption that the 
     draft legislation submitted under subsection (c) would be 
     enacted and would take effect in fiscal year 2006--
       (1) would offset fully the increased outlays that would 
     result from enactment of the provisions of the draft 
     legislation submitted under subsection (c), for fiscal year 
     2006 and each of the ensuing nine fiscal years;
       (2) expressly state that they are proposed for the purpose 
     of the offset described in paragraph (1); and
       (3) are included in full in the estimates that are made by 
     the Director of the Congressional Budget Office and the 
     Director of the Office of Management and Budget under section 
     252(d) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 902(d)) with respect to the fiscal 
     years referred to in paragraph (1).
       (f) Early Submission of Proposal for Additional Death 
     Benefits.--Congress urges the President to submit the draft 
     of legislation for the additional set of death benefits under 
     paragraph (2) of subsection (c) before the time for 
     submission required under that subsection and as soon as is 
     practicable after the date of the enactment of this Act.
       (g) Appropriate Committees of Congress.--For the purposes 
     of subsection (c), the appropriate committees of Congress are 
     as follows:
       (1) The Committees on Armed Services of the Senate and the 
     House of Representatives, with respect to draft legislation 
     that is within the jurisdiction of such committees.
       (2) The Committees on Veterans Affairs of the Senate and 
     the House of Representatives, with respect to draft 
     legislation within the jurisdiction of such committees.

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

[[Page 13417]]

  The motion to lay on the table was agreed to.


                    Amendment No. 3438, As Modified

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

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

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


                           Amendment No. 3409

  Ms. MIKULSKI. Mr. President, I rise in strong support of the Daschle 
amendment, and in strong support of our Nation's veterans.
  Our men and women serving in Iraq and Afghanistan have my steadfast 
support. So do those who served before them. Our veterans need to know 
that America is with them and that we owe them a debt of gratitude. 
Congress must show that gratitude not just with words, but with deeds. 
That means making our troops and our veterans a priority in the Federal 
checkbook.
  That is why I am such a strong supporter of the Daschle amendment. 
The goal of this amendment is simple and straightforward--to guarantee 
enough funding in the Federal checkbook each year to provide health 
care to every single veteran enrolled in the VA system.
  This amendment does four things to support our Nation's veterans:
  First, the amendment sets a minimum level of funding for VA health 
care each year. This amount is based on the number of veterans enrolled 
in the VA system. This is important to ensure that VA can provide care 
for every veteran, without rationing care or charging deductibles, 
fees, or increased copayments.
  Second, the amendment provides an annual adjustment for inflation, so 
that VA can keep up with the rising costs of medical equipment, 
supplies, and prescription drugs.
  Third, the amendment says that after 2 years, the General Accounting 
Office, GAO, will provide Congress with a report of whether this 
funding was adequate to provide care for all of our veterans. The 
amendment also sets up a process to correct any flaws that GAO 
identifies.
  Fourth, the amendment moves future increases to VA health care 
funding from the discretionary to the mandatory side of the Federal 
budget. This is important so that the VA-HUD Subcommittee won't have to 
have to forage for funds each year, and veterans won't have to compete 
for funding.
  As the ranking member of the VA-HUD Appropriations Subcommittee, my 
guiding principle for the VA budget is that promises made to our 
veterans must be promises kept. And each year, the VA-HUD 
Appropriations Subcommittee makes veterans health care funding the top 
priority. We do this on a bipartisan basis, because when it comes to 
caring for our Nation's veterans, we are not members of the Democratic 
or Republican parties. We are members of the red, white, and blue 
party.
  But each year, we have to forage for funds. Over the last 3 years, we 
have worked on a bipartisan basis to reject new fees and increased 
copayments on our Nation's veterans.
  In 2003, the administration proposed that Priority 7 and 8 veterans 
pay a yearly $1,500 deductible just to access VA health care. On a 
bipartisan basis, Congress rejected this proposal. Instead, we put $1.1 
billion more in VA's budget.
  In 2004, the administration proposed that Priority 7 and 8 veterans 
pay a yearly $250 fee to access VA health care. The budget also 
proposed increases in veterans' copayments--a 50 percent increase in 
the prescription drug copayment and a 30 percent increase in copayments 
for doctors visits. Again, on a bipartisan basis, Congress rejected 
these proposals. Instead, we put $1.3 billion more in the VA's budget.
  The administration's 2005 budget again proposes a $250 annual fee and 
increased prescription drug copayments for veterans. And again this 
year, Senator Bond and I will fight to find the funding to reject these 
proposals.
  But despite our efforts and these record increases, VA health care 
funding is just not keeping up with the needs of our Nation's veterans. 
This mismatch of funding and demand for VA health care has led the 
administration to ration VA health care. In January 2002, the 
administration closed enrollment to all new Priority 8 veterans. This 
is unacceptable. In addition, the VA has already treated 10,000 of our 
newest veterans returning from Iraq and Afghanistan. Our newest 
veterans

[[Page 13418]]

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


                           Amendment No. 3470

  Mr. NELSON of Florida. Mr. President, today I submitted an amendment 
to the fiscal year 2005 National Defense Authorization bill that would 
eliminate the current offset against annuities paid by the Department 
of Defense Survivors' Benefits Plan--SBP--for Veterans Administration 
Dependency and Indemnity Compensation--DIC. I ask for my colleagues' 
support for this amendment and invite their cosponsorship.
  Unfortunately, many of us do not realize that a reduction similar to 
the current offset rules for military retirement and veterans' 
disability compensation applies to the survivors of military retirees 
enrolled in the Survivor Benefit Plan--SBP. Payments for the survivors 
of our retirees from the military Survivor Benefit Plan--SBP--are 
reduced by benefits payable from the veterans' Dependency and Indemnity 
Compensation--DIC--program. Thus, surviving spouses of 100 percent 
disabled military retirees generally cannot receive benefits through 
both the retirement system and the veterans' disability system.
  Over the last few years we have made a tremendous effort to repeal 
the law that prohibits concurrent receipt of retired pay and disability 
compensation for our military retirees. This year we have already 
adopted a provision in the fiscal year 2005 National Defense 
Authorization bill that will eliminate the phasing over 10 years of 
retired pay for retirees with 100 percent disability. I supported this 
provision. We have to take care of our most deserving retirees, but we 
should also take care of their survivors.
  I have long supported the full implementation of concurrent receipt, 
but I do not understand why we would leave behind the widows and 
dependent children of those retirees that have purchased the income 
protection provided by the Survivors Benefit Plan. I know of no 
purchased annuity plan that denies its benefit based on the receipt of 
another benefit. This is wrong and it hurts our most valuable widows--
those left behind by combat losses and retirees fully disabled by their 
service.
  It is difficult to justify paying military retired pay and veterans' 
compensation concurrently to the retiree but not paying benefits from 
both the SBP and the DIC concurrently to that retiree's widow or 
surviving children. My amendment ensures consistency in the application 
of benefits to survivors from the SBP program and DIC. I urge the 
Senate to adopt this amendment and take care of our military widows.
  Mr. WARNER. Mr. President, I do not believe there are further matters 
in relation to this bill. At this point in time, I will proceed to wrap 
up on behalf of leadership.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. FRIST. Mr. President, as the chairman said just a few moments ago 
on the floor, there has been a lot of hard work on the Defense bill 
over the course of the last month and over the course of the day. We 
continued to clear amendments on both sides. And although we have been 
in a quorum call, off and on, over the course of the night, as the 
chairman implied, there have been a lot of negotiations, and a lot of 
progress has been made in addressing the large number of amendments 
that we, at 6:30, realized we had. We continue to clear amendments on 
both sides, and we have entered into an agreement for votes on 
approximately five amendments tomorrow morning.
  Unfortunately--and I made it clear to both managers and 
representatives

[[Page 13419]]

of our leadership and leadership on the other side of the aisle--it is 
still unclear as to exactly how we are going to bring this bill to 
closure, how we will finish this bill. We have had this large number of 
consultations throughout the evening with colleagues on both sides of 
the aisle, and I do think it is time we bring the bill to conclusion. I 
believe it is really past that time.
  But, again, everybody is working in good faith. I do respect Members' 
rights to offer amendments. However, as majority leader, I am charged 
with ensuring that we finish our work and that we are able to address 
the other very important work ahead of us. I specifically mentioned, in 
this case, the appropriations bill which provides the funding to 
support our troops overseas.
  Having said that, I will file a cloture motion so all of our options 
are preserved. I understand everybody is proceeding in good faith for 
completion tomorrow. We will continue to find a way to finish the bill 
tomorrow, but we will have this cloture vote on Thursday if it becomes 
necessary.


                             Cloture Motion

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

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on calendar No. 
     503, S. 2400, an original bill to authorize appropriations 
     for fiscal year 2005 for military activities of the 
     Department of Defense, for military construction, and for 
     defense activities of the Department of Energy, to prescribe 
     personnel strengths for such fiscal year for the armed 
     services, and for other purposes.
         Bill Frist, Mitch McConnell, John Cornyn, Trent Lott, 
           John W. Warner, Norm Coleman, Lincoln D. Chafee, Gordon 
           Smith, Jon Kyl, John McCain, Peter Fitzgerald, John E. 
           Sununu, Richard G. Lugar, Don Nickles, Mike DeWine, 
           George V. Voinovich, George Allen, Kay Bailey 
           Hutchison.

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

                          ____________________