[Congressional Record (Bound Edition), Volume 150 (2004), Part 8]
[Senate]
[Pages 10577-10582]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3225. Mr. DURBIN 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 147, after line 21, insert the following:

     SEC. 717. REPORTING OF SERIOUS ADVERSE HEALTH EXPERIENCES.

       (a) In General.--The Secretary of Defense may not permit a 
     dietary supplement containing a stimulant to be sold on a 
     military installation unless the manufacturer of such dietary 
     supplement submits any report of a serious adverse health 
     experience associated with such dietary supplement to the 
     Secretary of Health and Human Services, who shall make such 
     reports available to the Surgeon Generals of the Armed 
     Forces.
       (b) Effect of Section.--Notwithstanding section 201(ff)(2) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321(ff)(2)) and paragraph (3) of subsection (c), this section 
     does not apply to a dietary supplement containing caffeine 
     that is intended to be consumed in liquid form.
       (c) Definitions.--In this section--
       (1) The term ``dietary supplement'' has the same meaning 
     given the term in section 201(ff) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321(ff)).
       (2) The term ``serious adverse health experience'' means an 
     adverse event that is associated with the use of a dietary 
     supplement in a human, without regard to whether the event is 
     known to be causally related to the dietary supplement, 
     that--
       (A) results in--
       (i) death;
       (ii) a life-threatening condition;
       (iii) inpatient hospitalization or prolongation of 
     hospitalization;

[[Page 10578]]

       (iv) a persistent or significant disability or incapacity; 
     or
       (v) a congenital anomaly, birth defect, or other effect 
     regarding pregnancy, including premature labor or low birth 
     weight; or
       (B) requires medical or surgical intervention to prevent 1 
     of the outcomes described in clauses (i) through (v) in 
     subparagraph (A).
       (3) The term ``stimulant'' means a dietary ingredient that 
     has a stimulant effect on the cardiovascular system or the 
     central nervous system of a human by any means, including--
       (A) speeding metabolism;
       (B) increasing heart rate;
       (C) constricting blood vessels; or
       (D) causing the body to release adrenaline.
                                 ______
                                 
  SA 3226. Mr. CRAPO proposed an amendment to amendment SA 3170 
proposed by Mr. Graham of South Carolina 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:

       Strike all after the first word of the matter proposed to 
     be inserted and insert the following:

     3119. TREATMENT OF WASTE MATERIAL.

       (a) Availability of Funds for Treatment.--Of the amount 
     authorized to be appropriated by section 3102(a)(1) for 
     environmental management for defense site acceleration 
     completion, $350,000,000 shall be available for the following 
     purposes at the sites referred to in subsection (b):
       (1) The safe management of tanks or tank farms used to 
     store waste from reprocessing activities.
       (2) The on-site treatment and storage of wastes from 
     reprocessing activities and related waste.
       (3) The consolidation of tank waste.
       (4) The emptying and cleaning of storage tanks.
       (5) Actions under section 3116.
       (b) Sites.--The sites referred to in this subsection are as 
     follows:
       (1) The Idaho National Engineering and Environmental 
     Laboratory, Idaho.
       (2) The Savannah River Site, Aiken, South Carolina.
       (3) The Hanford Site, Richland, Washington.
       (c) This section shall become effective 1 day after 
     enactment.
                                 ______
                                 
  SA 3227. Mr. GRAHAM of South Carolina 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. RECEIPT OF PAY BY RESERVES FROM CIVILIAN EMPLOYERS 
                   WHILE ON ACTIVE DUTY IN CONNECTION WITH A 
                   CONTINGENCY OPERATION.

       Section 209 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(h) This section does not prohibit a member of the 
     reserve components of the armed forces on active duty 
     pursuant to a call or order to active duty under a provision 
     of law referred to in section 101(a)(13) of title 10 from 
     receiving from any person that employed such member before 
     the call or order to active duty any payment of any part of 
     the salary or wages that such person would have paid the 
     member if the member's employment had not been interrupted by 
     such call or order to active duty.''.
                                 ______
                                 
  SA 3228. Mr. GRAHAM of South Carolina 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:

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

     SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEERING 
                   DEVELOPMENT FOR THE NAVY.

       (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, Navy, is hereby increased by $3,000,000.
       (b) Availability of Amount for Infrastructure System 
     Security Engineering Development.--Of the amount authorized 
     to be appropriated by section 201(2) for research, 
     development, test, and evaluation, Navy, as increased by 
     subsection (a), $3,000,000 shall be available for 
     infrastructure system security engineering development.
       (c) Offset.--(1) The amount authorized to be appropriated 
     by section 101(5) for other procurement, Army, is hereby 
     reduced by $1,000,000, with the amount of the reduction to be 
     allocated to Buffalo Landmine Vehicles.
       (2) The amount authorized to be appropriated by section 
     102(b) for procurement for the Marine Corps is hereby reduced 
     by $500,000, with the amount of the reduction to be allocated 
     to Combat Casualty Care.
       (3) The amount authorized to be appropriated by section 
     201(1) for research, development, test, and evaluation, Army, 
     is hereby reduced by $1,000,000, with the amount of the 
     reduction to the allocated to Active Coating Technology.
       (4) The amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide activities, is hereby reduced by $500,000, with 
     the amount of the reduction to be allocated to Radiation Hard 
     Complimentary Metal Oxide Semi-Conductors.
                                 ______
                                 
  SA 3229. Mr. McCAIN 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 60, after line 23, insert the following:

     SEC. 403. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER 
                   PROFESSORS FROM A LIMITATION ON CERTAIN OFFICER 
                   GRADE STRENGTHS.

       Section 523(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(8) Up to 50 permanent professors of each of the United 
     States Military Academy and the United States Air Force 
     Academy, and up to 50 professors of the United States Naval 
     Academy who are career military professors (as defined in 
     regulations prescribed by the Secretary of the Navy).''.
                                 ______
                                 
  SA 3230. Ms. COLLINS (for herself, Mr. Bayh, Mr. Roberts, Mr. Reed, 
Mr. Dorgan, and Mr. Biden) submitted an amendment intended to be 
proposed by her to the bill S. 2400, to authorize appropriations for 
fiscal year 2005 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Services, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 313. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       (a) Contracts Authorized.--The Secretary of Defense may 
     enter into an energy savings performance contract under this 
     section for the sole purpose of achieving energy savings and 
     benefits ancillary to that purpose. The Secretary may incur 
     obligations under the contract to finance energy conservation 
     measures so long as guaranteed savings exceed the debt 
     service requirements.
       (b) Terms and Conditions.--
       (1) Contract period.--Notwithstanding any other provision 
     of law, an energy savings performance contract may be for a 
     period of up to 25 years beginning on the date on which the 
     first payment is made by the Secretary pursuant to the 
     contract. The contract need not include funding of 
     cancellation charges (if any) before cancellation, if--
       (A) the contract was awarded in a competitive manner, using 
     procedures and methods established under this section;
       (B) the Secretary determines that funds are available and 
     adequate for payment of the costs of the contract for the 
     first fiscal year;
       (C) the contract is governed by part 17.1 of the Federal 
     Acquisition Regulation; and
       (D) if the contract contains a clause setting forth a 
     cancellation ceiling in excess $10,000,000, the Secretary 
     provides notice to Congress of the proposed contract and the 
     proposed cancellation ceiling at least 30 days before the 
     award of the contract.
       (2) Costs and savings.--An energy savings performance 
     contract shall require the contractor to incur the costs of 
     implementing energy savings measures, including at least the 
     cost (if any) incurred in making energy audits, acquiring and 
     installing equipment, and training personnel, in exchange for 
     a

[[Page 10579]]

     share of any energy savings directly resulting from 
     implementation of such measures during the term of the 
     contract.
       (3) Other terms and conditions.--An energy savings 
     performance contract shall require an annual energy audit and 
     specify the terms and conditions of any Government payments 
     and performance guarantees. Any such performance guarantee 
     shall provide that either the Government or the contractor is 
     responsible for maintenance and repair services for any 
     energy related equipment, including computer software 
     systems.
       (c) Limitation on Annual Contract Payments.--Aggregate 
     annual payments by the Secretary to a contractor for energy, 
     operations, and maintenance under an energy savings 
     performance contract may not exceed the amount that the 
     Department of Defense would have paid for energy, operations, 
     and maintenance in the absence of the contract (as estimated 
     through the procedures developed pursuant to this section) 
     during term of the contract. The contract shall provide for a 
     guarantee of savings to the Department, and shall establish 
     payment schedules reflecting such guarantee, taking into 
     account any capital costs under the contract.
       (d) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary, with the 
     concurrence of the Federal Acquisition Regulatory Council, 
     shall issue final rules to establish the procedures and 
     methods for use by the Department of Defense to select, 
     monitor, and terminate energy savings performance contracts 
     in accordance with laws governing Federal procurement that 
     will achieve the intent of this section in a cost-effective 
     manner. In developing such procedures and methods, the 
     Secretary, with the concurrence of the Federal Acquisition 
     Regulatory Council, shall determine which existing 
     regulations are inconsistent with the intent of this section 
     and shall formulate substitute regulations consistent with 
     laws governing Federal procurement.
       (e) Implementation Procedures and Methods.--The procedures 
     and methods established by rule under subsection (d) shall--
       (1) provide for the calculation of energy savings based on 
     sound engineering and financial practices;
       (2) allow the Secretary to request statements of 
     qualifications, which shall, at a minimum, include prior 
     experience and capabilities of contractors to perform the 
     proposed types of energy savings services and financial and 
     performance information from firms engaged in providing 
     energy savings services;
       (3) allow the Secretary to presume that a contractor meets 
     the requirements of paragraph (2) if the contractor either--
       (A) has carried out contracts with a value of at least 
     $1,000,000,000 with the Federal Government over the previous 
     10 years; or
       (B) is listed by a Federal agency pursuant to section 
     801(b)(2) of the National Energy Policy Act (42 U.S.C. 
     8287(b)(2));
       (4) allow the Secretary to, from the statements received, 
     designate and prepare a list, with an update at least 
     annually, of those firms that are qualified to provide energy 
     savings services;
       (5) allow the Secretary to select firms from such list to 
     conduct discussions concerning a particular proposed energy 
     savings project, including requesting a technical and price 
     proposal from such selected firms for such project;
       (6) allow the Secretary to select from such firms the most 
     qualified firm to provide energy savings services based on 
     technical and price proposals and any other relevant 
     information;
       (7) allow the Secretary to permit receipt of unsolicited 
     proposals for energy savings performance contracting services 
     from a firm that the Department of Defense has determined is 
     qualified to provide such services under the procedures 
     established pursuant to subsection (d) and require facility 
     managers to place a notice in the Commerce Business Daily 
     announcing they have received such a proposal and invite 
     other similarly qualified firms to submit competing 
     proposals;
       (8) allow the Secretary to enter into an energy savings 
     performance contract with a firm qualified under paragraph 
     (7), consistent with the procedures and methods established 
     pursuant to subsection (d); and
       (9) allow a firm not designated as qualified to provide 
     energy savings services under paragraph (4) to request a 
     review of such decision to be conducted in accordance with 
     procedures, substantially equivalent to procedures 
     established under section 759(f) of title 40, United States 
     Code, to be developed by the board of contract appeals of the 
     General Services Administration.
       (f) Transition Rule for Certain Energy Savings Performance 
     Contracts.--In the case of any energy savings performance 
     contract entered into by the Secretary, or the Secretary of 
     Energy, before October 1, 2003, for services to be provided 
     at Department of Defense facilities, the Secretary may issue 
     additional task orders pursuant to such contract and may make 
     whatever contract modifications the parties to such contract 
     agree are necessary to conform to the provisions of this 
     section.
       (g) Pilot Program for Nonbuilding Applications.--
       (1) In general.--The Secretary may carry out a pilot 
     program to enter into up to 10 energy savings performance 
     contracts for the purpose of achieving energy savings, 
     secondary savings, and benefits incidental to those purposes, 
     in nonbuilding applications.
       (2) Selection.--The Secretary shall select the contract 
     projects to demonstrate the applicability and benefits of 
     energy savings performance contracting to a range of non-
     building applications.
       (3) Report.--Not later than three years after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the progress and results of the pilot 
     program. The report shall include a description of projects 
     undertaken; the energy and cost savings, secondary savings 
     and other benefits that resulted from such projects; and 
     recommendations on whether the pilot program should be 
     extended, expanded, or authorized.
       (h) Definitions.--In this section:
       (1) Energy savings.--The term ``energy savings'' means a 
     reduction in the cost of energy, from a base cost established 
     through a methodology set forth in the energy savings 
     performance contract, utilized in an existing federally owned 
     building or buildings or other federally owned facilities as 
     a result of--
       (A) the lease or purchase of operating equipment, 
     improvements, altered operation and maintenance, increased 
     capacity or payload, or technical services; or
       (B) the increased efficient use of existing energy sources 
     by cogeneration or heat recovery, excluding any cogeneration 
     process for other than a federally owned building or 
     buildings or other federally owned facilities.
       (2) Energy savings performance contract.--The term ``energy 
     savings performance contract'' means a contract that provides 
     for the performance of services for the design, acquisition, 
     installation, testing, operation, and, where appropriate, 
     maintenance and repair of an identified energy conservation 
     measure or series of measures at one or more locations. Such 
     contracts--
       (A) may provide for appropriate software licensing 
     agreements; and
       (B) shall, with respect to an agency facility that is a 
     public building, as defined in section 13(l) of the Public 
     Buildings Act of 1959 (40 U.S.C. 612(l)), be in compliance 
     with the prospectus requirements and procedures of section 7 
     of the Public Buildings Accountability Act of 1959 (40 U.S.C. 
     606).
       (3) Nonbuilding application.--The term ``nonbuilding 
     application'' means--
       (A) any class of vehicles, devices, or equipment that is 
     transportable under its own power by land, sea, or air that 
     consumes energy from any fuel source for the purpose of such 
     transportability, or to maintain a controlled environment 
     within such vehicle, device, or equipment; or
       (B) any Federally owned equipment used to generate 
     electricity or transport water.
       (4) Secondary savings.--The term ``secondary savings'' 
     means additional energy or cost savings that are a direct 
     consequence of the energy savings that result from the energy 
     efficiency improvements that were financed and implemented 
     pursuant to the energy savings performance contract. Such 
     secondary savings may include energy and cost savings that 
     result from a reduction in the need for fuel delivery and 
     logistical support, personnel cost savings and environmental 
     benefits. In the case of electric generation equipment, 
     secondary savings may include the benefits of increased 
     efficiency in the production of electricity, including 
     revenue received by the Federal Government from the sale of 
     electricity so produced.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
                                 ______
                                 
  SA 3231. Mr. GRAHAM of Florida (for himself and Mr. Nelson of 
Florida) 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:

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

     SEC. 313. ROTARY WING NIGHT VISION GOGGLE TRAINING.

       (a) Increase in Amounts for Procurement, Navy.--(1) The 
     amount authorized to be appropriated by section 102(a)(1) for 
     aircraft procurement, Navy, is hereby increased by 
     $3,850,000.
       (2) The amount authorized to be appropriated by section 
     102(a)(4) for other procurement, Navy, is hereby increased by 
     $150,000.
       (b) Availability of Amounts for Rotary Wing Night Vision 
     Goggle Training.--(1) Of the amount authorized to be 
     appropriated by section 102(a)(1) for aircraft procurement, 
     Navy, as increased by subsection (a)(1), $3,850,000 shall be 
     available for the development of rotary wing night vision 
     goggle (NVG) training.
       (2) Of the amount authorized to be appropriated by section 
     102(a)(4) for other procurement, Navy, as increased by 
     subsection

[[Page 10580]]

     (a)(2), $150,000 shall be available for the development of 
     rotary wing night vision goggle training.
       (c) Offset.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, the amount available in 
     Program Element PE 0305199D8Z for horizontal fusion is hereby 
     reduced by $4,000,000.
                                 ______
                                 
  SA 3232. Mr. BROWNBACK 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. SENSE OF CONGRESS ON CONTRIBUTIONS OF AFRICAN 
                   AMERICANS TO THE ARMED FORCES.

       (a) Findings.--Congress makes the following findings:
       (1) From the inception of our Nation, many African 
     Americans have given their lives in service to this country 
     in order that Americans could enjoy freedom and prosperity.
       (2) Nowhere is this sacrifice more apparent than in the 
     history of the Armed Forces of the United States, and in the 
     current fight against the threat of terrorism within the 
     United States and abroad.
       (3) It is important to recognize the extraordinary 
     contributions of African American soldiers enlisted in the 
     Armed Forces during the era of segregation, when these brave 
     soldiers fought valiantly to ensure freedom and democracy for 
     Americans that they were not, in many instances, able to 
     enjoy.
       (4) In September 1945, Secretary of War Robert P. Patterson 
     appointed a board of 3 general officers, which became known 
     as the Gillem Board, to investigate the policy of the United 
     States Army with respect to African Americans and to prepare 
     a new policy that would provide for the efficient use of 
     African Americans in the Army.
       (5) The April 1946 Gillem Board report, titled 
     ``Utilization of Negro Manpower in the Postwar Army Policy,'' 
     concluded that the future policy of the Army should be to 
     ``eliminate, at the earliest practicable moment, any special 
     consideration based on race.''
       (6) On October 29, 1947, the President's Committee on Civil 
     Rights issued a landmark report titled ``To Secure These 
     Rights'', which condemned segregation, in particular 
     segregation in the Armed Forces. The report recommended 
     legislation and administrative action ``to end immediately 
     all discrimination and segregation based on race, color, 
     creed or national origin in... all branches of the Armed 
     Services.''
       (7) On July 26, 1948, President Truman signed Executive 
     Order 9981, which stated that ``there shall be equality of 
     treatment and opportunity for all persons in the armed 
     services without regard to race, color, religion, or national 
     origin.'' The order also established the President's 
     Committee on Equality of Treatment and Opportunity in the 
     Armed Services, which included two African American members 
     among its initial members.
       (8) On April 1, 1949, Secretary of Defense Louis Johnson 
     issued a directive to the Secretaries of the Army, Navy, and 
     Air Force that stated that it was the policy of the 
     Department of Defense that there should be equality of 
     treatment and opportunity for all in the armed services, and 
     that ``qualified Negro personnel shall be assigned to fill 
     any type of position... without regard to race.''
       (9) On May 11, 1949, Secretary of Defense Louis Johnson 
     approved the integration plans of the Air Force, but rejected 
     those of the Army and the Navy.
       (10) On June 7, 1949, Secretary of Defense Louis Johnson 
     accepted a revised Navy integration plan.
       (11) On March 13, 1950, the Army agreed to abolish its 10 
     percent recruitment quota for African Americans.
       (12) On March 18, 1951, The Department of Defense announced 
     that all basic training within the United States had been 
     integrated.
       (13) In October 1953, the Army announced that 95 percent of 
     African American soldiers in the Army were serving in 
     integrated units.
       (b) Sense of Congress.--It is the sense of Congress--
       (1) to apologize for the racial segregation that was 
     enforced by the United States Government upon African 
     American soldiers who defended the United States prior to the 
     desegregation of the Armed Forces;
       (2) that the United States has been richly blessed by the 
     contributions and sacrifices of African Americans;
       (3) that the African Americans who served in the Armed 
     Forces of the United States were heroes who were willing to 
     see beyond their own oppression and envision a future society 
     that would be fully inclusive of all citizens, regardless of 
     their race; and
       (4) because of the sacrifices of these heroes, our Nation 
     has prospered and grown into a symbol of freedom emulated by 
     countries around the world.
       (c) Claims Not Authorized.--This section shall not be 
     construed to authorize any claim against the United States 
     and shall not be construed as a settlement of any claim 
     against the United States.
                                 ______
                                 
  SA 3233. Mr. LOTT (for himself and Mr. Graham of South Carolina) 
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 35, between lines 6 and 7, insert the following:

     SEC. 232. SENSE OF THE SENATE REGARDING FUNDING OF THE 
                   ADVANCED SHIPBUILDING ENTERPRISE UNDER THE 
                   NATIONAL SHIPBUILDING RESEARCH PROGRAM OF THE 
                   NAVY.

       (a) Findings.--Congress makes the following findings:
       (1) The budget for fiscal year 2005, as submitted to 
     Congress by the President, provides $10,300,000 for the 
     Advanced Shipbuilding Enterprise under the National 
     Shipbuilding Research Program of the Navy.
       (2) The Advanced Shipbuilding Enterprise is an innovative 
     program to encourage greater efficiency in the national 
     technology and industrial base.
       (3) The leaders of the United States shipbuilding industry 
     have embraced the Advanced Shipbuilding Enterprise as a 
     method for exploring and collaborating on innovation in 
     shipbuilding and ship repair that collectively benefits all 
     components of the industry.
       (b) Sense of the Senate.--It is the sense of the Senate--
       (1) that the Senate--
       (A) strongly supports the innovative Advanced Shipbuilding 
     Enterprise under the National Shipbuilding Research Program 
     as an enterprise between the Navy and industry that has 
     yielded new processes and techniques that reduce the cost of 
     building and repairing ships in the United States; and
       (B) is concerned that the future-years defense program of 
     the Department of Defense that was submitted to Congress for 
     fiscal year 2005 does not reflect any funding for the 
     Advanced Shipbuilding Enterprise after fiscal year 2005; and
       (2) that the Secretary of Defense should continue to 
     provide in the future-years defense program for funding the 
     Advanced Shipbuilding Enterprise at a sustaining level in 
     order to support additional research to further reduce the 
     cost of designing, building, and repairing ships.
                                 ______
                                 
  SA 3234. Mr. NELSON of Florida (for himself, Mrs. Dole, Mr. Corzine, 
Mr. Nelson of Nebraska, Mr. Leahy, Mrs. Murray, and Mr. Graham of 
Florida) 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:

       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 301(1) for operation and maintenance for the Army is 
     hereby reduced by $10,000,000 due to excessive unobligated 
     balances.
                                 ______
                                 
  SA 3235. Mr. BROWNBACK 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. __. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

       (a) Short Title.--This section may be cited as the 
     ``Broadcast Decency Enforcement Act of 2004''.

[[Page 10581]]

       (b) Increase in Penalties for Obscene, Indecent, and 
     Profane Broadcasts.--Section 503(b)(2) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Notwithstanding subparagraph (A), if the violator 
     is--
       ``(i)(I) a broadcast station licensee or permittee; or
       ``(II) an applicant for any broadcast license, permit, 
     certificate, or other instrument or authorization issued by 
     the Commission; and
       ``(ii) determined by the Commission under paragraph (1) to 
     have broadcast obscene, indecent, or profane language, the 
     amount of any forfeiture penalty determined under this 
     subsection shall not exceed $275,000 for each violation or 
     each day of a continuing violation, except that the amount 
     assessed for any continuing violation shall not exceed a 
     total of $3,000,000 for any single act or failure to act.''; 
     and
       (3) in subparagraph (D), as redesignated by paragraph (1), 
     by striking ``subparagraph (A) or (B)'' and inserting 
     ``subparagraph (A), (B), or (C)''.
                                 ______
                                 
  SA 3236. Mr. TALENT 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:

     SEC. 653. ACCEPTANCE OF FREQUENT TRAVELER MILES, CREDITS, AND 
                   TICKETS TO FACILITATE THE AIR OR SURFACE TRAVEL 
                   OF CERTAIN MEMBERS OF THE ARMED FORCES AND 
                   THEIR FAMILIES.

       Section 2608 of title 10, United States Code, is amended--
       (1) by redesignating subsections (g) through (k) as 
     subsections (h) through (l), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Operation Hero Miles.--(1) The Secretary of Defense 
     may use the authority of subsection (a) to accept the 
     donation of frequent traveler miles, credits, and tickets for 
     air or surface transportation issued by any air carrier or 
     surface carrier that serves the public and that consents to 
     such donation, and under such terms and conditions as the air 
     or surface carrier may specify. The Secretary shall designate 
     a single office in the Department of Defense to carry out 
     this subsection, including the establishment of such rules 
     and procedures as may be necessary to facilitate the 
     acceptance of such frequent traveler miles, credits, and 
     tickets.
       ``(2) Frequent traveler miles, credits, and tickets 
     accepted under this subsection shall be used only in 
     accordance with the rules established by the air carrier or 
     surface carrier that is the source of the miles, credits, or 
     tickets and shall be used only for the following purposes:
       ``(A) To facilitate the travel of a member of the armed 
     forces who--
       ``(i) is deployed on active duty outside the United States 
     away from the permanent duty station of the member in support 
     of a contingency operation; and
       ``(ii) is granted, during such deployment, rest and 
     recuperative leave, emergency leave, convalescent leave, or 
     another form of leave authorized for the member.
       ``(B) In the case of a member of the armed forces 
     recuperating from an injury or illness incurred or aggravated 
     in the line of duty during such deployment, to facilitate the 
     travel of family members of the member to be reunited with 
     the member.
       ``(3) For the use of miles, credits, or tickets under 
     paragraph (2)(B) by family members of a member of the armed 
     forces, the Secretary may, as the Secretary determines 
     appropriate, limit--
       ``(A) eligibility to family members who, by reason of 
     affinity, degree of consanguinity, or otherwise, are 
     sufficiently close in relationship to the member of the armed 
     forces to justify the travel assistance;
       ``(B) the number of family members who may travel; and
       ``(C) the number of trips that family members may take.
       ``(4) Notwithstanding paragraph (2), the Secretary of 
     Defense may, in an exceptional case, authorize a person not 
     described in subparagraph (B) of that paragraph to use 
     frequent traveler miles, credits, or a ticket accepted under 
     this subsection to visit a member of the armed forces 
     described in such subparagraph if that person has a notably 
     close relationship with the member. The frequent traveler 
     miles, credits, or ticket may be used by such person only in 
     accordance with such conditions and restrictions as the 
     Secretary determines appropriate and the rules established by 
     the air carrier or surface carrier that is the source of the 
     miles, credits, or ticket.
       ``(5) The Secretary of Defense shall encourage air carriers 
     and surface carriers to participate in, and to facilitate 
     through minimization of restrictions and otherwise, the 
     donation, acceptance, and use of frequent traveler miles, 
     credits, and tickets under this section.
       ``(6) The Secretary of Defense may enter into an agreement 
     with a nonprofit organization to use the services of the 
     organization--
       ``(A) to promote the donation of frequent traveler miles, 
     credits, and tickets under paragraph (1), except that amounts 
     appropriated to the Department of Defense may not be expended 
     for this purpose; and
       ``(B) to assist in administering the collection, 
     distribution, and use of donated frequent traveler miles, 
     credits, and tickets.
       ``(7) Members of the armed forces, family members, and 
     other persons who receive air or surface transportation using 
     frequent traveler miles, credits, or tickets donated under 
     this subsection are deemed to recognize no income from such 
     use. Donors of frequent traveler miles, credits, or tickets 
     under this subsection are deemed to obtain no tax benefit 
     from such donation.
       ``(8) In this subsection, the term `family member' has the 
     meaning given that term in section 411h(b)(1) of title 37.''.
                                 ______
                                 
  SA 3237. Mr. CAMPBELL 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 86, between lines 9 and 10, insert the following:

     SEC. 543. REQUIREMENTS FOR AWARD OF COMBAT INFANTRYMAN BADGE 
                   AND COMBAT MEDICAL BADGE WITH RESPECT TO 
                   SERVICE IN KOREA AFTER JULY 28, 1953.

       (a) Standardization of Requirements With Other Geographic 
     Areas.--(1) Chapter 357 of title 10, United States Code, is 
     amended by adding at the end the following new section:

     ``Sec. 3757. Korea defense service: Combat Infantryman Badge; 
       Combat Medical Badge

       ``The Secretary of the Army shall provide that, with 
     respect to service in the Republic of Korea after July 28, 
     1953, eligibility of a member of the Army for the Combat 
     Infantryman Badge or the Combat Medical Badge shall be met 
     under criteria and eligibility requirements that, as nearly 
     as practicable, are identical to those applicable, at the 
     time of such service in the Republic of Korea, to service 
     elsewhere without regard to specific location or special 
     circumstances. In particular, such eligibility shall be 
     established--
       ``(1) without any requirement for service by the member in 
     an area designated as a `hostile fire area' (or by any 
     similar designation) or that the member have been authorized 
     hostile fire pay;
       ``(2) without any requirement for a minimum number of 
     instances (in excess of one) in which the member was engaged 
     with the enemy in active ground combat involving an exchange 
     of small arms fire; and
       ``(3) without any requirement for personal recommendation 
     or approval by commanders in the member's chain of command 
     other than is generally applicable for service at locations 
     outside the Republic of Korea.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``3757. Korea defense service: Combat Infantryman Badge; Combat Medical 
              Badge.''.

       (b) Applicability to Service Before Date of Enactment.--The 
     Secretary of the Army shall establish procedures to provide 
     for the implementation of section 3757 of title 10, United 
     States Code, as added by subsection (a), with respect to 
     service in the Republic of Korea during the period between 
     July 28, 1953, and the date of the enactment of this Act. 
     Such procedures shall include a requirement for submission of 
     an application for award of a badge under that section with 
     respect to service before the date of the enactment of this 
     Act and the furnishing of such information as the Secretary 
     may specify.
                                 ______
                                 
  SA 3238. Mr. GRAHAM of South Carolina 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 221, between the matter following line 17 and line 
     18, insert the following:

[[Page 10582]]



     SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

       (a) Department of the Army.--(1) Section 3019(b) of title 
     10, United States Code, is amended by striking ``The General 
     Counsel'' and inserting ``Subject to sections 806 and 3037 of 
     this title, the General Counsel''.
       (2)(A) Section 3037 of such title is amended to read as 
     follows:

     ``Sec. 3037. Judge Advocate General, Assistant Judge Advocate 
       General: appointment; duties

       ``(a) Position of Judge Advocate General.--There is a Judge 
     Advocate General in the Army, who is appointed by the 
     President, by and with the advice and consent of the Senate, 
     from officers of the Judge Advocate General's Corps. The term 
     of office is four years, but may be sooner terminated or 
     extended by the President. The Judge Advocate General, while 
     so serving, has the grade of lieutenant general.
       ``(b) Appointment.--The Judge Advocate General of the Army 
     shall be appointed from those officers who at the time of 
     appointment are members of the bar of a Federal court or the 
     highest court of a State or Territory, and who have had at 
     least eight years of experience in legal duties as 
     commissioned officers.
       ``(c) Duties.--The Judge Advocate General, in addition to 
     other duties prescribed by law--
       ``(1) is the legal adviser of the Secretary of the Army, 
     the Chief of Staff of the Army, and the Army Staff, and of 
     all officers and agencies of the Department of the Army;
       ``(2) shall direct and supervise the members of the Judge 
     Advocate General's Corps and civilian attorneys employed by 
     the Department of the Army (other than those assigned or 
     detailed to the Office of the General Counsel of the Army) in 
     the performance of their duties;
       ``(3) shall direct and supervise the performance of duties 
     under chapter 47 of this title (the Uniform Code of Military 
     Justice) by any member of the Army;
       ``(4) shall receive, revise, and have recorded the 
     proceedings of courts of inquiry and military commissions; 
     and
       ``(5) shall perform such other legal duties as may be 
     directed by the Secretary of the Army.
       ``(d) Position of Assistant Judge Advocate General.--(1) 
     There is an Assistant Judge Advocate General in the Army, who 
     is appointed by the President, by and with the advice and 
     consent of the Senate, from officers of the Army who have the 
     qualifications prescribed in subsection (b) for the Judge 
     Advocate General. The term of office of the Assistant Judge 
     Advocate General is four years, but may be sooner terminated 
     or extended by the President. An officer appointed as 
     Assistant Judge Advocate General who holds a lower regular 
     grade shall be appointed in the regular grade of major 
     general.
       ``(2) When there is a vacancy in the office of the Judge 
     Advocate General, or during the absence or disability of the 
     Judge Advocate General, the Assistant Judge Advocate General 
     shall perform the duties of the Judge Advocate General until 
     a successor is appointed or the absence or disability ceases.
       ``(3) When paragraph (2) cannot be complied with because of 
     the absence or disability of the Assistant Judge Advocate 
     General, the heads of the major divisions of the Office of 
     the Judge Advocate General, in the order directed by the 
     Secretary of the Army, shall perform the duties of the Judge 
     Advocate General, unless otherwise directed by the President.
       ``(e) Appointments Recommended by Selection Boards.--Under 
     regulations prescribed by the Secretary of Defense, the 
     Secretary of the Army, in selecting an officer for 
     recommendation to the President under subsection (a) for 
     appointment as the Judge Advocate General or under subsection 
     (d) for appointment as the Assistant Judge Advocate General, 
     shall ensure that the officer selected is recommended by a 
     board of officers that, insofar as practicable, is subject to 
     the procedures applicable to selection boards convened under 
     chapter 36 of this title.''.
       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 305 of such title is 
     amended to read as follows:

``3037. Judge Advocate General, Assistant Judge Advocate General: 
              appointment; duties.''.

       (b) Department of the Navy.--(1) Section 5019(b) of title 
     10, United States Code, is amended by striking ``The General 
     Counsel'' and inserting ``Subject to sections 806 and 5148 of 
     this title, the General Counsel''.
       (2) Section 5148 of such title is amended--
       (A) in subsection (b), by striking the fourth sentence and 
     inserting the following: ``The Judge Advocate General, while 
     so serving, has the grade of vice admiral or lieutenant 
     general, as appropriate.''; and
       (B) in subsection (d)--
       (i) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (ii) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) direct and supervise the members of the Judge 
     Advocate General's Corps in the performance of their 
     duties;''.
       (c) Department of the Air Force.--(1) Section 8019(b) of 
     title 10, United States Code, is amended by striking ``The 
     General Counsel'' and inserting ``Subject to sections 806 and 
     8037 of this title, the General Counsel''.
       (2) Section 8037 of such title is amended--
       (A) in subsection (a), by striking the third sentence and 
     inserting the following: ``The Judge Advocate General, while 
     so serving, has the grade of lieutenant general.''; and
       (B) in subsection (c)--
       (i) by striking ``General shall,'' in the matter preceding 
     paragraph (1) and inserting ``General,'';
       (ii) by redesignating paragraphs (1) and (2) as paragraphs 
     (4) and (5), respectively, and, in each such paragraph, by 
     inserting ``shall'' before the first word; and
       (iii) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(1) is the legal adviser of the Secretary of the Air 
     Force, the Chief of Staff of the Air Force, and the Air 
     Staff, and of all officers and agencies of the Department of 
     the Air Force;
       ``(2) shall direct and supervise the members of the Air 
     Force designated as judge advocates and civilian attorneys 
     employed by the Department of the Air Force (other than those 
     assigned or detailed to the Office of the General Counsel of 
     the Air Force) in the performance of their duties;
       ``(3) shall direct and supervise the performance of duties 
     under chapter 47 of this title (the Uniform Code of Military 
     Justice) by any member of the Air Force;''.

                          ____________________