[Congressional Record (Bound Edition), Volume 150 (2004), Part 7]
[Senate]
[Pages 9663-9668]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3151. Mr. LAUTENBERG proposed an amendment to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; as follows:

       On page 184, between lines 16 and 17, insert the following:

          Subtitle F--Provisions Relating To Certain Sanctions

     SEC. 856. CLARIFICATION OF CERTAIN SANCTIONS.

       (a) In General.--
       (1) Clarification of certain actions under IEEPA.--In any 
     case in which the President takes action under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) with respect to a foreign country, or persons 
     dealing with or associated with that foreign government, as a 
     result of a determination by the Secretary of State that the 
     government has repeatedly provided support for acts of 
     international terrorism, such action shall apply to a United 
     States person or other person as defined in paragraph (2).
       (2) Definitions.--In this section:
       (A) Person.--The term ``person'' means an individual, 
     partnership, corporation, or other form of association, 
     including any government or agency thereof.
       (B) United States person.--The term ``United States 
     person'' means--
       (i) any resident or national (other than an individual 
     resident outside the United States and employed by other than 
     a United States person); and
       (ii) any domestic concern (including any permanent domestic 
     establishment of any foreign concern) or any foreign 
     subsidiary or affiliate (including any permanent foreign 
     establishment) of any domestic concern, which is controlled 
     in fact by such domestic concern.

[[Page 9664]]

       (C) Controlled.--The term ``is controlled'' means--
       (i) in the case of a corporation, holds at least 50 percent 
     (by vote or value) of the capital structure of the 
     corporation; and
       (ii) in the case of any other kind of legal entity, holds 
     interests representing at least 50 percent of the capital 
     structure of the entity.
       (b) Applicability.--
       (1) In general.--In any case in which the President has 
     taken action under the International Emergency Economic 
     Powers Act and such action is in effect on the date of 
     enactment of this Act, the provisions of subsection (a) shall 
     not apply to a United States person (or other person) if such 
     person divests or terminates its business with the government 
     or person identified by such action within 90 days after the 
     date of enactment of this Act.
       (2) Actions after date of enactment.--In any case in which 
     the President takes action under the International Emergency 
     Economic Powers Act on or after the date of enactment of this 
     Act, the provisions of subsection (a) shall not apply to a 
     United States person (or other person) if such person divests 
     or terminates its business with the government or person 
     identified by such action within 90 days after the date of 
     such action.

     SEC. 857. NOTIFICATION OF CONGRESS OF TERMINATION OF 
                   INVESTIGATION BY OFFICE OF FOREIGN ASSETS 
                   CONTROL.

       (a) Notification Requirement.--The Office of Federal 
     Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION OF 
                   INVESTIGATION BY OFFICE OF FOREIGN ASSETS 
                   CONTROL.

       ``The Director of the Office of Foreign Assets Control 
     shall notify Congress upon the termination of any 
     investigation by the Office of Foreign Assets Control of the 
     Department of the Treasury if any sanction is imposed by the 
     Director of such office as a result of the investigation.''.
       (b) Clerical Amendment.--The table of sections in section 
     1(b) of such Act is amended by adding at the end the 
     following new item:

``Sec. 42. Notification of Congress of termination of investigation by 
              Office of Foreign Assets Control.''.
                                 ______
                                 
  SA 3152. Mrs. HUTCHISON proposed an amendment to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; as follows:

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

     SEC. 717. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR MEDICAL 
                   AND DENTAL CARE AND DISABILITY BENEFITS.

       (a) Medical and Dental Care.--(1) Chapter 55 of title 10, 
     United States Code, is amended by inserting after section 
     1074a the following new section:

     ``Sec. 1074b. Medical and dental care: cadets and midshipmen

       ``(a) Eligibility.--Under joint regulations prescribed by 
     the administering Secretaries, the following persons are, 
     except as provided in subsection (c), entitled to the 
     benefits described in subsection (b):
       ``(1) A cadet at the United States Military Academy, the 
     United States Air Force Academy, or the Coast Guard Academy, 
     and a midshipman at the United States Naval Academy, who 
     incurs or aggravates an injury, illness, or disease in the 
     line of duty.
       ``(2) Each member of, and each designated applicant for 
     membership in, the Senior Reserve Officers' Training Corps 
     who incurs or aggravates an injury, illness, or disease in 
     the line of duty while performing duties under section 2109 
     of this title.
       ``(b) Benefits.--A person eligible for benefits in 
     subsection (a) for an injury, illness, or disease is entitled 
     to--
       ``(1) the medical and dental care under this chapter that 
     is appropriate for the treatment of the injury, illness, or 
     disease until the injury, illness, disease, or any resulting 
     disability cannot be materially improved by further 
     hospitalization or treatment; and
       ``(2) meals during hospitalization.
       ``(c) Exception.--A person is not entitled to benefits 
     under subsection (b) for an injury, illness, or disease, or 
     the aggravation of an injury, illness, or disease that is a 
     result of the gross negligence or the misconduct of that 
     person.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1074a the following new item:

``1074b. Medical and dental care: cadets and midshipmen of the service 
              academies.''.

       (b) Eligibility of Academy Cadets and Midshipmen for 
     Disability Retired Pay.--(1)(A) Section 1217 of title 10, 
     United States Code, is amended to read as follows:

     ``Sec. 1217. Cadets, midshipmen, and aviation cadets: 
       applicability of chapter

       ``(a) This chapter applies to cadets at the United States 
     Military Academy, the United States Air Force Academy, and 
     the United States Coast Guard Academy and midshipmen of the 
     United States Naval Academy.
       ``(b) Monthly cadet pay and monthly midshipman pay under 
     section 203(c) of title 37 shall be considered to be basic 
     pay for purposes of this chapter and the computation of 
     retired pay and severance and separation pay to which 
     entitlement is established under this chapter.''.
       (B) The item related to section 1217 in the table of 
     sections at the beginning of chapter 61 of such title is 
     amended to read as follows:

``1217. Cadets, midshipmen, and aviation cadets: applicability of 
              chapter.''.

       (2) The amendments made by paragraph (1) shall take effect 
     on October 1, 2004.
                                 ______
                                 
  SA 3153. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 58, after line 24, insert the following:

     SEC. 364. CONSOLIDATION AND IMPROVEMENT OF AUTHORITIES FOR 
                   ARMY WORKING-CAPITAL FUNDED FACILITIES TO 
                   ENGAGE IN PUBLIC-PRIVATE PARTNERSHIPS.

       (a) Public-Private Partnerships Authorized.--Chapter 433 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 4544. Army industrial facilities: public-private 
       partnerships

       ``(a) Public-Private Partnerships Authorized.--A working-
     capital funded Army industrial facility may enter into 
     cooperative arrangements with non-Army entities to carry out 
     military or commercial projects with the non-Army entities. A 
     cooperative arrangement under this section shall be known as 
     a `public-private partnership'.
       ``(b) Authorized Partnership Activities.--A public-private 
     partnership entered into by an Army industrial facility may 
     provide for any of the following activities:
       ``(1) The sale of articles manufactured by the facility or 
     services performed by the facility to persons outside the 
     Department of Defense.
       ``(2) The performance of--
       ``(A) work by a non-Army entity at the facility; or
       ``(B) work for a non-Army entity by the facility.
       ``(3) The sharing of work by the facility and one or more 
     non-Army entities.
       ``(4) The leasing, or use under a facilities use contract 
     or otherwise, of the facility (including excess capacity) or 
     equipment (including excess equipment) of the facility by a 
     non-Army entity.
       ``(5) The preparation and submission of joint offers by the 
     facility and one or more non-Army entities for competitive 
     procurements entered into with a department or agency of the 
     United States.
       ``(6) Any other cooperative effort by the facility and one 
     or more non-Army entities that the Secretary of the Army 
     determines appropriate, whether or not the effort is similar 
     to an activity described in another paragraph of this 
     subsection.
       ``(c) Conditions for Public-Private Partnerships.--An 
     activity described in subsection (b) may be carried out as a 
     public-private partnership at an Army industrial facility 
     only under the following conditions:
       ``(1) In the case of an article to be manufactured or 
     services to be performed by the facility, the articles can be 
     substantially manufactured, or the services can be 
     substantially performed, by the facility without 
     subcontracting for more than incidental performance.
       ``(2) The activity does not interfere with performance of--
       ``(A) work by the facility for the Department of Defense; 
     or
       ``(B) a military mission of the facility.
       ``(3) The activity meets one of the following objectives:
       ``(A) Maximize utilization of the capacity of the facility.
       ``(B) Reduction or elimination of the cost of ownership of 
     the facility.
       ``(C) Reduction in the cost of manufacturing or maintaining 
     Department of Defense products at the facility.
       ``(D) Preservation of skills or equipment related to a core 
     competency of the facility.
       ``(4) The non-Army entity partner or purchaser agrees to 
     hold harmless and indemnify the United States from any 
     liability or claim for damages or injury to any person or 
     property arising out of the activity, including any damages 
     or injury arising out of a

[[Page 9665]]

     decision by the Secretary of the Army or the Secretary of 
     Defense to suspend or terminate an activity, or any portion 
     thereof, during a war or national emergency or to require the 
     facility to perform other work or provide other services on a 
     priority basis, except--
       ``(A) in any case of willful misconduct or gross 
     negligence; or
       ``(B) in the case of a claim by a purchaser or articles or 
     services under this section that damages or injury arose from 
     the failure of the Government to comply with quality or cost 
     performance requirements in the contract to carry out the 
     activity.
       ``(d) Methods of Public-Private Partnerships.--To conduct 
     an activity of a public-private partnership under this 
     section, the approval authority described in subsection (f) 
     for an Army industrial facility may, in the exercise of good 
     business judgment--
       ``(1) provide a service or article without advertisement;
       ``(2) enter into a firm, fixed-price contract (or, if 
     agreed to by the purchaser, a cost reimbursement contract) 
     for a sale of articles or services or use of equipment or 
     facilities;
       ``(3) enter into a multiyear partnership contract for a 
     period not to exceed five years, unless a longer period is 
     specifically authorized by law;
       ``(4) charge a partner, at a minimum, the variable costs, 
     capital improvement costs, and equipment depreciation costs 
     associated with providing the articles, services, equipment, 
     or facilities;
       ``(5) authorize a partner to use incremental funding to pay 
     for the articles, services, or use of equipment or 
     facilities;
       ``(6) accept payment-in-kind; and
       ``(7) perform a reasonable amount of work in advance of 
     receipt of payment.
       ``(e) Deposit of Proceeds.--The proceeds derived from sales 
     of articles and services under this section shall be credited 
     to the working-capital fund that incurs the costs of 
     manufacturing the articles or performing the services. 
     Notwithstanding section 3302(b) of title 31, a reasonable 
     portion of the proceeds (from sources other than appropriated 
     funds) derived from the sale of articles or services under 
     this section may be retained in a separate account of the 
     applicable fund to be available for paying design costs, 
     planning costs, procurement costs, promotional or marketing 
     costs, and other costs associated with articles and services 
     sold. Amounts retained in such separate account shall remain 
     available, without further appropriation, until expended. In 
     addition, consideration for lease or facility use agreements 
     may be accepted by the applicable fund of the facility 
     concerned.
       ``(f) Approval of Sales.--The authority of an Army 
     industrial facility to conduct a public-private partnership 
     under this section shall be exercised at the level of the 
     commander of the major subordinate command of the Army that 
     has responsibility for the facility. The commander may 
     approve such partnership on a case basis or a class basis.
       ``(g) Commercial Sales.--Except in the case of work 
     performed for the Department of Defense, for a contract of 
     the Department of Defense, for foreign military sales, or for 
     authorized foreign direct commercial sales (defense articles 
     or defense services sold to a foreign government or 
     international organization under export controls), a sale of 
     articles or services may be made under this section only if 
     the approval authority described in subsection (f) determines 
     that either--
       ``(1) the articles or services are not available from a 
     commercial source located in the United States in the 
     required quantity or quality, or within the time required; or
       ``(2) a commercial source has requested the articles be 
     made or the services be performed by the facility.
       ``(h) Exclusion From Depot-Level Maintenance and Repair 
     Percentage Limitation.--Amounts expended for depot-level 
     maintenance and repair workload by non-Federal personnel at 
     an Army industrial facility shall not be counted for purposes 
     of applying the percentage limitation in section 2466(a) of 
     this title if the personnel are provided by a non-Army entity 
     pursuant to a public-private partnership established under 
     this section.
       ``(i) Promotion of Use of Public-Private Partnerships.--The 
     Secretary of the Army shall ensure that, in a solicitation 
     for the award of a production or support contract for a major 
     system, each person include in its offer a proposal to 
     conduct a fair share, as determined by the Secretary, of the 
     maintenance, repair, or sustainment work on the major system 
     at an Army industrial facility pursuant to a public-private 
     partnership established under this section.
       ``(j) Relationship to Other Laws.--(1) Nothing in this 
     section shall be construed to affect the application of--
       ``(A) foreign military sales and the export controls 
     provided for in sections 30 and 38 of the Arms Export Control 
     Act (22 U.S.C. 2770 and 2778) to activities of a public-
     private partnership under this section; and
       ``(B) section 2667 of this title to leases of non-excess 
     property in the administration of a public-private 
     partnership under this section.
       ``(2) Section 2304e of this title does not apply in the 
     case of a transaction entered into under the authority of 
     this section for an activity of a public-private partnership.
       ``(3) Section 1341 of title 31 does not apply in the case 
     of a transaction entered into under subsection (d)(7).
       ``(k) Definitions.--In this section:
       ``(1) The term `Army industrial facility' includes an 
     ammunition plant, an arsenal, a depot, and a manufacturing 
     plant.
       ``(2) The term `non-Army entity' includes the following:
       ``(A) An executive agency (other than the Department of the 
     Army).
       ``(B) An entity in industry or commercial sales.
       ``(C) A State or political subdivision of a State.
       ``(D) An institution of higher education or vocational 
     training institution.
       ``(3) The term `incremental funding' means a series of 
     partial payments that--
       ``(A) are made as the work on manufacture or articles is 
     being performed or services are being performed or equipment 
     or facilities are used, as the case may be; and
       ``(B) result in full payment being completed as the 
     required work is being completed.
       ``(4) The term `variable costs' means the costs that are 
     expected to fluctuate directly with the volume of sales or 
     services provided or the use of equipment or facilities.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``4544. Army industrial facilities: public-private partnerships.''.
                                 ______
                                 
  SA 3154. Mr. FEINGOLD (for himself, Mrs. Murray, and Mr. Dayton) 
submitted an amendment intended to be proposed by him to the bill S. 
2400, to authorize appropriations for fiscal year 2005 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Services, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 131, between lines 17 and 18, insert the following:

                Subtitle F--Leave for Military Families

     SEC. 661. SHORT TITLE.

       This subtitle may be cited as the ``Military Families Leave 
     Act of 2004''.

     SEC. 662. GENERAL REQUIREMENTS FOR LEAVE.

       (a) Entitlement to Leave.--Section 102(a) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by 
     adding at the end the following:
       ``(3) Entitlement to leave due to family member's active 
     duty.--
       ``(A) In general.--Subject to section 103(f), an eligible 
     employee shall be entitled to a total of 12 workweeks of 
     leave during any 12-month period because a spouse, son, 
     daughter, or parent of the employee is a member of the Armed 
     Forces--
       ``(i) on active duty in support of a contingency operation; 
     or
       ``(ii) notified of an impending call or order to active 
     duty in support of a contingency operation.
       ``(B) Conditions and time for taking leave.--An eligible 
     employee shall be entitled to take leave under subparagraph 
     (A)--
       ``(i) while the employee's spouse, son, daughter, or parent 
     (referred to in the subparagraph as the `family member') is 
     on active duty in support of a contingency operation, and, if 
     the family member is a member of a reserve component of the 
     Armed Forces, beginning when such family member receives 
     notification of an impending call or order to active duty in 
     support of a contingency operation; and
       ``(ii) only for issues relating to or resulting from such 
     family member's--

       ``(I) service on active duty in support of a contingency 
     operation; and
       ``(II) if a member of a reserve component of the Armed 
     Forces--

       ``(aa) receipt of notification of an impending call or 
     order to active duty in support of a contingency operation; 
     and
       ``(bb) service on active duty in support of such operation.
       ``(4) Limitation.--No employee may take more than a total 
     of 12 workweeks of leave under paragraphs (1) and (3) during 
     any 12-month period.''.
       (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 
     2612(b)(1)) is amended by inserting after the second sentence 
     the following: ``Leave under subsection (a)(3) may be taken 
     intermittently or on a reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting 
     ``or subsection (a)(3)'' after ``subsection (a)(1)''.
       (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) 
     is amended by adding at the end the following:
       ``(3) Notice for leave due to family member's active 
     duty.--An employee who intends to take leave under subsection 
     (a)(3) shall provide such notice to the employer as is 
     practicable.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
       ``(f) Certification for Leave Due to Family Member's Active 
     Duty.--An employer

[[Page 9666]]

     may require that a request for leave under section 102(a)(3) 
     be supported by a certification issued at such time and in 
     such manner as the Secretary may by regulation prescribe.''.

     SEC. 663. LEAVE FOR CIVIL SERVICE EMPLOYEES.

       (a) Entitlement to Leave.--Section 6382(a) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(3)(A) Subject to section 6383(f), an eligible employee 
     shall be entitled to a total of 12 workweeks of leave during 
     any 12-month period because a spouse, son, daughter, or 
     parent of the employee is a member of the Armed Forces--
       ``(i) on active duty in support of a contingency operation; 
     or
       ``(ii) notified of an impending call or order to active 
     duty in support of a contingency operation.
       ``(B) An eligible employee shall be entitled to take leave 
     under subparagraph (A)--
       ``(i) while the employee's spouse, son, daughter, or parent 
     (referred to in the subparagraph as the `family member') is 
     on active duty in support of a contingency operation, and, if 
     the family member is a member of a reserve component of the 
     Armed Forces, beginning when such family member receives 
     notification of an impending call or order to active duty in 
     support of a contingency operation; and
       ``(ii) only for issues relating to or resulting from such 
     family member's--
       ``(I) service on active duty in support of a contingency 
     operation; and
       ``(II) if a member of a reserve component of the Armed 
     Forces--

       ``(aa) receipt of notification of an impending call or 
     order to active duty in support of a contingency operation; 
     and
       ``(bb) service on active duty in support of such operation.

       ``(4) No employee may take more than a total of 12 
     workweeks of leave under paragraphs (1) and (3) during any 
     12-month period.''.
       (b) Schedule.--Section 6382(b)(1) of such title is amended 
     by inserting after the second sentence the following: ``Leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by inserting ``or subsection (a)(3)'' after 
     ``subsection (a)(1)''.
       (d) Notice.--Section 6382(e) of such title is amended by 
     adding at the end the following:
       ``(3) An employee who intends to take leave under 
     subsection (a)(3) shall provide such notice to the employing 
     agency as is practicable.''.
       (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(3) be supported by a 
     certification issued at such time and in such manner as the 
     Office of Personnel Management may by regulation 
     prescribe.''.
                                 ______
                                 
  SA 3155. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 296, between lines 14 and 15, insert the following:

           TITLE XIII--VETERANS' ENHANCED TRANSITION SERVICES

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Veterans' Enhanced 
     Transition Services Act of 2004''.

     SEC. 1302. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE 
                   PROGRAMS.

       (a) Transmittal of Medical Records of All Members 
     Separating From Active Duty to Department of Veterans 
     Affairs.--Chapter 58 of title 10, United States Code, is 
     amended--
       (1) by inserting before subsection (c) of section 1142 the 
     following:

     ``Sec. 1142a. Members separating from active duty: 
       transmittal of medical records to Department of Veterans 
       Affairs'';

       (2) by striking ``(c) Transmittal of Medical Information to 
     Department of Veterans Affairs.--''; and
       (3) by striking ``a member being medically separated or 
     being retired under chapter 61 of this title'' and inserting 
     ``each member who is entitled to counseling and other 
     services under section 1142 of this title''.
       (b) Preseparation Counseling.--(1) Subsection (a) of 
     section 1142 of title 10, United States Code, is amended--
       (A) in paragraph (1), by striking ``shall provide for 
     individual separation counseling'' and inserting ``shall 
     provide individual separation counseling'';
       (B) by redesignating paragraph (4) as paragraph (6); and
       (C) by inserting after paragraph (3) the following new 
     paragraphs:
       ``(4) For members of the reserve components being separated 
     from service on active duty for a period of more than 30 
     days, the Secretary concerned shall require that 
     preseparation counseling under this section be provided to 
     all such members (including officers) before the members are 
     separated.
       ``(5) The Secretary concerned shall ensure that commanders 
     of members entitled to services under this section authorize 
     the members to obtain such services during duty time.''.
       (2) Subsection (b)(4) of such section 1142 is amended by 
     striking ``(4) Information concerning'' and inserting the 
     following:
       ``(4) Provide information on civilian occupations and 
     related assistance programs, including information about--
       ``(A) certification and licensure requirements that are 
     applicable to civilian occupations;
       ``(B) civilian occupations that correspond to military 
     occupational specialties; and
       ``(C)''.
       (3) Section 1142 of such title is further amended by adding 
     at the end the following new subsections:
       ``(c) Additional Requirements.--(1) The Secretary concerned 
     shall ensure that--
       ``(A) preseparation counseling under this section includes 
     material that is specifically relevant to the needs of 
     persons being separated from active duty by discharge from a 
     regular component of the armed forces and the needs of 
     members of the reserve components being separated from active 
     duty;
       ``(B) the locations at which preseparation counseling is 
     presented to eligible personnel include--
       ``(i) inpatient medical care facilities of the uniformed 
     services where such personnel are receiving inpatient care; 
     and
       ``(ii) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, a location reasonably convenient to the 
     member.
       ``(C) the scope and content of the material presented in 
     preseparation counseling at each location under this section 
     are consistent with the scope and content of the material 
     presented in the preseparation counseling at the other 
     locations under this section; and
       ``(D) followup counseling is provided for each member of 
     the reserve components described in subparagraph (A) not 
     later than 180 days after separation from active duty.
       ``(2) The Secretary concerned shall, on a continuing basis, 
     update the content of the materials used by the National 
     Veterans Training Institute and such officials' other 
     activities that provide direct training support to personnel 
     who provide preseparation counseling under this section.
       ``(d) National Guard Members on Duty in State Status.--(1) 
     Members of the National Guard being separated from long-term 
     duty to which ordered under section 502(f) of title 32 shall 
     also be provided preseparation counseling under this section 
     to the same extent that members of the reserve components 
     being discharged or released from active duty are provided 
     preseparation counseling under this section.
       ``(2) The Secretary of Defense shall prescribe in 
     regulations the standards for determining long-term duty for 
     the purposes of paragraph (1).''.
       (4)(A) The heading for section 1142 of such title is 
     amended to read as follows:

     ``Sec. 1142. Members separating from active duty: 
       preseparation counseling''.

       (B) The table of sections at the beginning of chapter 58 of 
     such title is amended by striking the item relating to 
     section 1142 and inserting the following new items:

``1142. Members separating from active duty: preseparation counseling.
``1142a. Members separating from active duty: transmittal of medical 
              records to Department of Veterans Affairs.''.

       (c) Department of Labor Transitional Services Program.--(1) 
     Subsection (c) of section 1144 of title 10, United States 
     Code, is amended to read as follows:
       ``(c) Participation.--(1) Subject to paragraph (2), the 
     Secretary of Defense and the Secretary of Homeland Security 
     shall require participation by members of the armed forces 
     eligible for assistance under the program carried out under 
     this section.
       ``(2) The Secretary of Defense and the Secretary of 
     Homeland Security need not require, but shall encourage and 
     otherwise promote, participation in the program by the 
     following members of the armed forces described in paragraph 
     (1):
       ``(A) Each member who has previously participated in the 
     program.
       ``(B) Each member who, upon discharge or release from 
     active duty, is returning to--
       ``(i) a position of employment previously held by such 
     member; or
       ``(ii) pursuit of an academic degree or other educational 
     or occupational training objective that the member was 
     pursuing when called or ordered to such active duty.''.
       (2) Subsection (a)(1) of such section is amended by 
     striking ``paragraph (4)(A)'' in the second sentence and 
     inserting ``paragraph (6)(A)''.
       (d) Study on Coordination of Job Training and Certification 
     Standards.--The Secretary of Defense and the Secretary of 
     Labor shall jointly carry out a study to determine ways to 
     coordinate the standards

[[Page 9667]]

     applied by the Armed Forces for the training and 
     certification of members of the Armed Forces in military 
     occupational specialties with the standards that apply under 
     State laws to the training and certification of persons in 
     corresponding civilian occupations.

     SEC. 1303. BENEFITS DELIVERY DISCHARGE PROGRAM.

       (a) Accessibility of Information.--Chapter 58 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1154. Requirements applicable to all benefits delivery 
       at discharge programs

       ``(a) Locations.--The Secretary of Defense, the Secretary 
     of Homeland Security, and the Secretary of Veterans Affairs 
     shall ensure that the benefits delivery at discharge programs 
     for members of the armed forces are provided--
       ``(1) at each installation and inpatient medical care 
     facility of the uniformed services at which personnel 
     eligible for assistance under the programs are discharged 
     from the armed forces; and
       ``(2) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, at a location reasonably convenient to the 
     member.
       ``(b) Participation of Military and Veterans' Service 
     Organizations.--The Secretary of Defense, the Secretary of 
     Homeland Security, and the Secretary of Veterans Affairs 
     shall ensure that representatives of military and veterans' 
     service organizations and representatives of veterans' 
     services agencies of States are invited to participate in the 
     benefits delivery at discharge programs at the locations 
     where assistance under the programs is provided.
       ``(c) Benefits Delivery at Discharge Programs Defined.--In 
     this section, the term `benefits delivery at discharge 
     programs' means the programs under sections 1142 and 1144 of 
     this title and any similar programs administered by, in 
     conjunction with, or in consultation with the Secretary of 
     Defense or the Secretary of a military department.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1154. Requirements applicable to all benefits delivery at discharge 
              programs.''.

     SEC. 1304. POST-DEPLOYMENT MEDICAL ASSESSMENT AND SERVICES.

       (a) Improvement of Medical Tracking System for Members 
     Deployed Overseas.--Section 1074f of title 10, United States 
     Code, is amended--
       (1) in subsection (b), by striking ``(including an 
     assessment of mental health'' and inserting ``(which shall 
     include mental health screening and assessment'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsections:
       ``(c) Medical Examinations.--(1) The Secretary of Defense 
     shall prescribe the minimum content and standards that apply 
     for the medical examinations required under this section. The 
     Secretary shall ensure that the content and standards 
     prescribed under the preceding sentence are applied uniformly 
     at all installations and medical facilities of the armed 
     forces where medical examinations required under this section 
     are performed for members of the armed forces returning from 
     a deployment as described in subsection (a).
       ``(2) The content and standards prescribed under paragraph 
     (1) for mental health screening and assessment shall include 
     content and standards for screening acute post-traumatic 
     stress disorder and delayed onset post-traumatic stress 
     disorder, and shall specifically include questions to 
     identify all stressors experienced by members that have the 
     potential to lead to post-traumatic stress disorder.
       ``(3) An examination consisting solely or primarily of an 
     assessment questionnaire completed by a member does not meet 
     the requirements of this subsection for a medical examination 
     and does not meet the requirements of this section for an 
     assessment.
       ``(4) An examination of a member required under this 
     section may not be waived by the Secretary (or any official 
     exercising the Secretary's authority under this section) or 
     by the member.
       ``(d) Followup Services.--(1) The Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     ensure that appropriate actions are taken to assist a member 
     who, as a result of a medical examination carried out under 
     the system established under this section, is identified or 
     suspected as having an illness (including any mental health 
     condition) or injury.
       ``(2) Assistance required to be provided a member under 
     paragraph (1) includes the following:
       ``(A) Care and treatment and other services that the 
     Secretary of Defense or the Secretary of Veterans Affairs may 
     provide such member under any other provision of law, as 
     follows:
       ``(i) Clinical services, including counseling and treatment 
     for post-traumatic stress disorder and other mental health 
     conditions.
       ``(ii) Any other care, treatment, and services.
       ``(B) Assistance to enroll in the Department of Veterans 
     Affairs health care system for health care benefits for which 
     the member is eligible under laws administered by the 
     Secretary of Veterans Affairs.''.
       (b) Report on PTSD Cases.--(1) The Secretary of Defense and 
     the Secretary of Veterans Affairs shall jointly submit to 
     Congress a report on the services provided members and former 
     members of the Armed Forces who experience post-traumatic 
     stress disorder (and related conditions) associated with 
     service in the Armed Forces.
       (2) The report under paragraph (1) shall include a 
     discussion of the policies, plans, and procedures of the 
     Department of Defense and the Department of Veterans Affairs 
     for--
       (A) the identification of cases of persons experiencing 
     post-traumatic stress disorder or related conditions, 
     intervention in such cases, and treatment of such persons; 
     and
       (B) the training of Department of Defense personnel and 
     Department of Veterans Affairs personnel regarding such 
     disorder and conditions.
       (c) Study on DoD-VA Coordination and Cooperation.--(1) The 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall jointly carry out a study to identify ways to improve 
     the coordination and cooperation between the two departments 
     to support the provision of veterans' benefits to members and 
     former members of the Armed Forces who have been deployed as 
     described in section 1074f(a) of title 10, United States 
     Code, as well as to other members and former members of the 
     Armed Forces.
       (2) The study under paragraph (1) shall, at a minimum, 
     address the following matters:
       (A) Compatibility of health care filing systems.
       (B) Consistency of claims forms.
       (C) Consistency of medical examination forms.
       (D) Shared electronic database with appropriate privacy 
     protections.

     SEC. 1305. ACCESS OF MILITARY AND VETERANS SERVICE AGENCIES 
                   AND ORGANIZATIONS.

       (a) Department of Defense.--(1) Chapter 58 of title 10, 
     United States Code, as amended by section 1303(a), is further 
     amended by adding at the end the following new section:

     ``Sec. 1155. Veteran-to-veteran preseparation counseling

       ``(a) Cooperation Required.--The Secretary of Defense shall 
     carry out a program to facilitate the access of 
     representatives of military and veterans' service 
     organizations and representatives of veterans' services 
     agencies of States to provide preseparation counseling and 
     services to members of the armed forces who are scheduled, or 
     are in the process of being scheduled, for discharge, release 
     from active duty, or retirement.
       ``(b) Elements of Program.--The program under this section 
     shall include the following elements:
       ``(1) Invitation to representatives of military and 
     veterans' service organizations and representatives of 
     veterans' services agencies of States to participate in the 
     preseparation counseling and other assistance briefings 
     provided to members under the programs carried out under 
     sections 1142 and 1144 of this title.
       ``(2) Support for the outreach programs of such 
     organizations and agencies by providing the organizations and 
     agencies with the names and addresses of members of the armed 
     forces described in subsection (a), including, in particular, 
     members who are being separated from active duty upon return 
     from a deployment in support of a contingency operation.
       ``(c) Locations.--The program under this section shall 
     provide for access to members--
       ``(1) at each installation of the armed forces;
       ``(2) at each inpatient medical care facility of the 
     uniformed services administered under chapter 55 of this 
     title; and
       ``(3) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, at a location reasonably convenient to the 
     member.
       ``(d) Waiver of Access Restrictions.--To carry out elements 
     of the program under subsection (b), the Secretary of Defense 
     may waive the applicable provisions of the regulations 
     promulgated under section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
     note) to the extent necessary to ensure that representatives 
     of military and veterans' service organizations and 
     representatives of veterans' services agencies of States have 
     access to members and former members of the uniformed 
     services in medical treatment facilities of the uniformed 
     services.
       ``(e) Consent of Members Required.--Access to a member of 
     the armed forces under the program under this section is 
     subject to the consent of the member.''.
       (2) The table of sections at the beginning of such chapter, 
     as amended by section 1303(b), is amended by adding at the 
     end the following new item:

``1155. Veteran-to-veteran preseparation counseling.''.

       (b) Department of Veterans Affairs.--(1) Subchapter 1 of 
     chapter 17 of title 38, United

[[Page 9668]]

     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 1709. Veteran-to-veteran counseling

       ``(a) Cooperation Required.--The Secretary shall carry out 
     a program to facilitate the access of representatives of 
     military and veterans' service organizations and 
     representatives of veterans' services agencies of States to 
     veterans furnished care and services under this chapter to 
     provide information and counseling to such veterans on the 
     care and services authorized by this chapter and on other 
     benefits and services available under the laws administered 
     by the Secretary.
       ``(b) Facilities Covered.--The program under this section 
     shall provide for access to veterans described in subsection 
     (a) at each facility of the Department or non-Department 
     facility at which the Secretary furnishes care and services 
     under this chapter.
       ``(c) Waiver of Access Restrictions.--To carry out the 
     program under this section, the Secretary may waive the 
     applicable provisions of the regulations promulgated under 
     section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996 (42 U.S.C. 1320d-2 note) to the 
     extent necessary to ensure that representatives of military 
     and veterans' service organizations and representatives of 
     veterans' services agencies of States have access to veterans 
     described in subsection (a) at the facilities referred to in 
     subsection (b).
       ``(d) Consent of Veterans Required.--Access to a veteran 
     under the program under this section is subject to the 
     consent of the veteran.''.
       (2) The table of sections at the beginning of that chapter 
     is amended by inserting after the item relating to section 
     1708 the following new item:

``1709. Veteran-to-veteran counseling.''.

     SEC. 1306. COLLEGE CREDIT FOR SERVICE IN ARMED FORCES.

       (a) Requirement for Program.--Chapter 58 of title 10, 
     United States Code, as amended by section 1305(a), is further 
     amended by adding at the end the following new section:

     ``Sec. 1156. College credit for training in the armed forces

       ``The Secretary of Defense shall carry out a program to 
     assist members of the armed forces being discharged, released 
     from active duty, or retired to obtain college credit for 
     training received as a member of the armed forces.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 1305(a)(2), 
     is amended by adding at the end the following new item:

``1156. College credit for training in the armed forces.''.
                                 ______
                                 
  SA 3156. Mr. SUNUNU submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 280, after line 22, insert the following:

     SEC. 1068. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE 
                   GRADE OF MAJOR GENERAL IN THE ARMY.

       (a) Authority.--The President may issue posthumously a 
     commission as major general, United States Army, in the name 
     of the late William ``Billy'' Mitchell, formerly a colonel, 
     United States Army, who resigned his commission on February 
     1, 1926.
       (b) Date of Commission.--A commission issued under 
     subsection (a) shall issue as of the date of the death of 
     William Mitchell on February 19, 1936.
       (c) Prohibition of Benefits.--No person is entitled to 
     receive any bonus, gratuity, pay, allowance, or other 
     financial benefit by reason of the enactment of this section.

                          ____________________