[Congressional Record (Bound Edition), Volume 150 (2004), Part 8]
[Senate]
[Pages 10825-10829]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3239. Mr. SANTORUM 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 19, between lines 19 and 20, insert the following:

      SEC. 113. FOUR-YEAR AUTHORITY FOR THE SECRETARY OF THE ARMY 
                   TO USE SALES PROCEEDS TO PROCURE CERTAIN ITEMS.

       (a) Exchange and Sale Agreement.--(1) The Secretary of the 
     Army may enter into an agreement to procure M109-based 
     command-and-control vehicles or field artillery ammunition 
     support vehicles using the sale proceeds of long-supply M109 
     howitzers.
       (2) Section 503 of title 40, United States Code, and the 
     regulations issued under subsection (b) of such section, 
     shall apply to the exercise of the authority under paragraph 
     (1), except for the following requirements:
       (A) The requirement for the exchanged items to be similar.
       (B) The one-for-one item replacement requirement.
       (b) Period of Authority.--The authority to enter into 
     agreements under subsection (a) and to make purchases under 
     any such agreement is effective for sales made during the 
     four-year period beginning on October 1, 2004, and ending at 
     the end of September 31, 2008.
                                 ______
                                 
  SA 3240. Mr. WARNER (for himself and Mr. Levin) 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:

       Beginning on page 105, strike line 21 and all that follows 
     through page 106, line 2.
                                 ______
                                 
  SA 3241. Mr. LEVIN (for Mr. Nelson of Nebraska) proposed an amendment 
to the bill S. 2400, to authorize appropriations for fiscal year 2005 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; as follows:

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

     SEC. 217. NEUROTOXIN MITIGATION RESEARCH.

       (a) Increase in Amount for Research, Development, Test, and 
     Evaluation, Defense-Wide.--The amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation, Defense-wide activities, is hereby 
     increased by $2,000,000.
       (b) Availability for Neurotoxin Mitigation Research.--Of 
     the amount authorized to be appropriated by section 201(4) 
     for research, development, test, and evaluation, Defense-wide 
     activities, as increased by subsection (a), $2,000,000 may be 
     available in Program Element PE 62384BP for neurotoxin 
     mitigation research.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(1) for operation and maintenance for the Army is 
     hereby reduced by $2,000,000, with the amount of the 
     reduction to be allocated to Satellite Communications 
     Language training activity (SCOLA) at the Army Defense 
     Language Institute.
                                 ______
                                 
  SA 3242. Mr. WARNER (for Mr. Grassley (for himself, Mr. Fitzgerald, 
and Mr. Sessions)) 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 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

[[Page 10826]]

     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.
       ``(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 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; and
       ``(B) in the case of a claim by a purchaser of articles or 
     services under this section that damages or injury arose from 
     the failure of the Government to comply with quality, 
     schedule, 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) 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;
       ``(2) enter into a multiyear partnership contract for a 
     period not to exceed five years, unless a longer period is 
     specifically authorized by law;
       ``(3) charge a partner the amounts necessary to recover the 
     full costs of the articles or services provided, including 
     capital improvement costs, and equipment depreciation costs 
     associated with providing the articles, services, equipment, 
     or facilities;
       ``(4) authorize a partner to use incremental funding to pay 
     for the articles, services, or use of equipment or 
     facilities; and
       ``(5) accept payment-in-kind.
       ``(e) Deposit of Proceeds.--(1) The proceeds of sales of 
     articles and services received in connection with the use of 
     an Army industrial facility under this section shall be 
     credited to the appropriation or working-capital fund that 
     incurs the variable costs of manufacturing the articles or 
     performing the services. Notwithstanding section 3302(b) of 
     title 31, the amount so credited with respect to an Army 
     industrial facility shall be available, without further 
     appropriation, as follows:
       ``(A) Amounts equal to the amounts of the variable costs so 
     incurred shall be available for the same purposes as the 
     appropriation or working-capital fund to which credited.
       ``(B) Amounts in excess of the amounts of the variable 
     costs so incurred shall be available for operations, 
     maintenance, and environmental restoration at that Army 
     industrial facility.
       ``(2) Amounts credited to a working-capital fund under 
     paragraph (1) shall remain available until expended. Amounts 
     credited to an appropriation under paragraph (1) shall remain 
     available for the same period as the appropriation to which 
     credited.
       ``(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 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.
       ``(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) Relationship to Other Laws.--Nothing in this section 
     shall be construed to affect the application of--
       ``(1) 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
       ``(2) section 2667 of this title to leases of non-excess 
     property in the administration of a public-private 
     partnership under this section.
       ``(j) 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.
       ``(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 `full costs', with respect to articles or 
     services provided under this section, means the variable 
     costs and the fixed costs that are directly related to the 
     production of the articles or the provision of the services.
       ``(5) 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 3243. Mr. LEVIN (for Mrs. Feinstein) 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 365, between lines 18 and 19, insert the following:

     SEC. 2830. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the March Joint Powers Authority (in this 
     section referred to as the ``MJPA'') all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 15 acres located in Riverside County, 
     California, and containing the former Defense Reutilization 
     and Marketing Office facility for March Air Force Base, which 
     is also known as Parcel A-6, for the purpose of economic 
     development and revitalization.
       (b) Consideration.--(1) As consideration for the conveyance 
     of property under subsection (a), the MJPA shall pay the 
     United States an amount equal to the fair market value, as 
     determined by the Secretary, of the property to be conveyed 
     under such subsection.
       (2) The consideration received under this subsection shall 
     be deposited in the special account in the Treasury 
     established under section 572(b) of title 40, United States 
     Code, and available in accordance with the provisions of 
     paragraph (5)(B)(ii).
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory

[[Page 10827]]

     to the Secretary. The cost of the survey shall be borne by 
     the MJPA.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 3244. Mr. BENNETT 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 411, after line 6, add the following:

     SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT PRIVATELY 
                   OWNED OR OPERATED FACILITIES.

       (a) Prohibition.--The Secretary of Defense may not store 
     mercury from the National Defense Stockpile at any facility 
     that is not owned and operated by the United States.
       (b) National Defense Stockpile Defined.--In this section , 
     the term ``National Defense Stockpile'' means the stockpile 
     provided for in section 4 of the Strategic and Critical 
     Materials Stock Piling Act (50 U.S.C. 98c).
                                 ______
                                 
  SA 3245. Mr. BOND (for himself and Mrs. Dole) 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 tolie on the table; as follows:

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

     SEC. 1022. OPERATION OF THE FEDERAL VOTING ASSISTANCE PROGRAM 
                   AND THE MILITARY POSTAL SYSTEM.

       (a) Requirement for Reports.--(1) The Secretary of Defense 
     shall submit to Congress two reports on the actions that the 
     Secretary has taken to ensure that--
       (A) the Federal Voting Assistance Program functions 
     effectively to support absentee voting by members of the 
     Armed Forces deployed outside the United States in support of 
     Operation Iraqi Freedom, Operation Enduring Freedom, and all 
     other contingency operations; and
       (B) the military postal system functions effectively to 
     support the morale of the personnel described in subparagraph 
     (A) and absentee voting by such members.
       (2)(A) The first report under paragraph (1) shall be 
     submitted not later than August 1, 2004.
       (B) The second report under paragraph (1) shall be 
     submitted not later than October 1, 2004.
       (3) In this subsection, the term ``Federal Voting 
     Assistance Program'' means the program referred to in section 
     1566(b)(1) of title 10, United States Code.
       (b) Implementation of Recommended Postal System 
     Improvements.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall--
       (1) implement the recommendations for improvement of the 
     military postal system that were made in 2000 by the Military 
     Postal Service Agency Task Force established by the Secretary 
     of Defense and the Secretary of the Army in 1998; or
       (2) submit to Congress a report setting forth the actions 
     taken to implement those recommendations together with, in 
     the case of each recommendation not implemented or not fully 
     implemented before the date of report, the reasons for not 
     implementing or not fully implementing such recommendation, 
     as the case may be.
                                 ______
                                 
  SA 3246. Mr. SNOWE submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. __. MENTOR-PROTEGE PILOT PROGRAM.

       Section 831(m)(2) of the National Defense Authorization Act 
     for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 
     note) is amended--
       (1) in subparagraph (D), by striking ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(F) a small business concern owned and controlled by 
     service-disabled veterans (as defined in section 8(d)(3) of 
     the Small Business Act); and
       ``(G) a qualified HUBZone small business concern (as 
     defined in section 3(p) of the Small Business Act).''.
                                 ______
                                 
  SA 3247. Mr. SNOWE submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 166, at the beginning of line 4, insert the 
     following:
       (a) Process and Standards for Measuring Program 
     Effectiveness.--Not later than 270 days after the date of the 
     enactment of this Act, the Secretary of Defense shall develop 
     and implement a process and standards for measuring the 
     effectiveness of the test program for negotiation of 
     comprehensive small business subcontracting plans carried out 
     under section 834 of the National Defense Authorization Act 
     for Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 
     637 note). The Secretary shall consult with the Comptroller 
     General in developing the standards.
       (b) Notification of Compliance.--Not later than 300 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense and the Comptroller General shall notify Congress 
     regarding whether the deadline in subsection (a) was met.
       (c) Limitation on Additional Prime Contractors as 
     Participants.--A prime contractor not participating in the 
     test program as of the date of enactment of this Act may not 
     participate in the test program until the Secretary of 
     Defense develops and implements the process and standards for 
     measuring the effectiveness of the test program required 
     under subsection (a).
       (d) Monitoring.--The Comptroller General shall monitor the 
     administration of the test program and, not later than three 
     years after the date of the enactment of this Act, submit to 
     Congress a report on the effectiveness of the program.
       (e) Extension of Program.--
                                 ______
                                 
  SA 3248. Mr. SNOWE submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 811.
                                 ______
                                 
  SA 3249. Mr. HAGEL 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 G of title X, add the following:

     SEC. 1068. NATIONAL AIRBORNE DAY.

       (a) Findings.--The Senate makes the following findings:
       (1) The airborne forces of the United States Armed Forces 
     have a long and honorable history as units of adventuresome, 
     hardy, and fierce warriors who, for the national security of 
     the United States and the defense of freedom and peace, 
     project the effective ground combat power of the United 
     States by Air Force air transport to the far reaches of the 
     battle area and, indeed, to the far corners of the world.
       (2) August 16, 2004, marks the anniversary of the first 
     official validation of the innovative concept of inserting 
     United States ground combat forces behind the battle line by 
     means of a parachute.
       (3) The United States experiment of airborne infantry 
     attack began on June 25, 1940, when the Army Parachute Test 
     Platoon was first authorized by the United States Department 
     of War, and was launched when 48 volunteers began training in 
     July 1940.
       (4) The Parachute Test Platoon performed the first official 
     Army parachute jump on August 16, 1940.
       (5) The success of the Parachute Test Platoon in the days 
     immediately preceding the entry of the United States into 
     World War II led to the formation of a formidable force of 
     airborne units that, since then, have served with distinction 
     and repeated success in armed hostilities.
       (6) Among those units are the former 11th, 13th, and 17th 
     Airborne Divisions, the venerable 82nd Airborne Division, the 
     versatile

[[Page 10828]]

     101st Airborne Division (Air Assault), and the airborne 
     regiments and battalions (some as components of those 
     divisions, some as separate units) that achieved distinction 
     as the elite 75th Ranger Regiment, the 173rd Airborne 
     Brigade, the 187th Infantry (Airborne) Regiment, the 503rd, 
     507th, 508th, 517th, 541st, and 542nd Parachute Infantry 
     Regiments, the 88th Glider Infantry Regiment, the 509th, 
     551st, and 555th Parachute Infantry Batallions, and the 550th 
     Airborne Infantry Battalion.
       (7) The achievements of the airborne forces during World 
     War II provided a basis of evolution into a diversified force 
     of parachute and air assault units that, over the years, have 
     fought in Korea, Vietnam, Grenada, Panama, the Persian Gulf 
     Region, and Somalia, and have engaged in peacekeeping 
     operations in Lebanon, the Sinai Peninsula, the Dominican 
     Republic, Haiti, Bosnia, and Kosovo.
       (8) The modern-day airborne force that has evolved from 
     those World War II beginnings is an agile, powerful force 
     that, in large part, is composed of the 82nd Airborne 
     Division, the 101st Airborne Division (Air Assault), and the 
     75th Ranger Regiment which, together with other units, 
     comprise the quick reaction force of the XVIII Airborne Corps 
     of the Army when not operating separately under a regional 
     combatant commander.
       (9) The modern-day airborne force also includes other elite 
     forces composed entirely of airborne trained and qualified 
     special operations warriors, including Army Special Forces, 
     Marine Corps Force Reconnaissance units, Navy SEALs, and Air 
     Force combat control teams, all or most of which comprise the 
     forces of the United States Special Operations Command.
       (10) In the aftermath of the terrorist attacks on the 
     United States on September 11, 2001, the 75th Ranger 
     Regiment, special forces units, and units of the 82nd 
     Airborne Division and the 101st Airborne Division (Air 
     Assault), together with other units of the Armed Forces, have 
     been prosecuting the war against terrorism by carrying out 
     combat operations in Afghanistan, training operations in the 
     Philippines, and other operations elsewhere.
       (11) In the aftermath of the President's announcement of 
     Operation Iraqi Freedom in March 2003, the 75th Ranger 
     Regiment, special forces units, and units of the 82nd 
     Airborne Division, the 101st Airborne Division (Air Assault), 
     and the 173rd Airborne Brigade, together with other units of 
     the Armed Forces, have been prosecuting the war against 
     terrorism, carrying out combat operations, conducting civil 
     affair missions, and assisting in establishing democracy in 
     Iraq.
       (12) The airborne forces are and will continue to be at the 
     ready and the forefront until the Global War on Terrorism is 
     concluded.
       (13) The members and former members of the United States 
     combat airborne forces, all have achieved distinction by 
     earning the right to wear the airborne's ``Silver Wings of 
     Courage'', thousands have achieved the distinction of making 
     combat jumps, 69 have earned the Medal of Honor, and hundreds 
     have earned the Distinguished-Service Cross, Silver Star, or 
     other decorations and awards for displays of such traits as 
     heroism, gallantry, intrepidity, and valor.
       (14) The members and former members of the United States 
     combat airborne forces are members of a proud and honorable 
     fraternity of the profession of arms that is made exclusive 
     by those distinctions which, together with their special 
     skills and achievements, distinguish them as intrepid combat 
     parachutists, special operations forces, and (in former days) 
     glider troops.
       (15) The history and achievements of the members and former 
     members of the airborne forces of the United States Armed 
     Forces warrant special expressions of the gratitude of the 
     American people as the airborne community celebrates August 
     16, 2004, as the 64th anniversary of the first official jump 
     by the Army Parachute Test Platoon.
       (b) Sense of Senate.--The Senate--
       (1) designates August 16, 2004, as ``National Airborne 
     Day''; and
       (2) requests that the President issue a proclamation 
     calling on Federal, State, and local administrators and the 
     people of the United States to observe ``National Airborne 
     Day'' with appropriate programs, ceremonies, and activities.
                                 ______
                                 
  SA 3250. Mr. HAGEL 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 G of title X, add the following:

     SEC. 1068. NATIONAL AIRBORNE DAY.

       (a) Findings.--The Senate makes the following findings:
       (1) The airborne forces of the United States Armed Forces 
     have a long and honorable history as units of adventuresome, 
     hardy, and fierce warriors who, for the national security of 
     the United States and the defense of freedom and peace, 
     project the effective ground combat power of the United 
     States by Air Force air transport to the far reaches of the 
     battle area and, indeed, to the far corners of the world.
       (2) August 16, 2004, marks the anniversary of the first 
     official validation of the innovative concept of inserting 
     United States ground combat forces behind the battle line by 
     means of a parachute.
       (3) The United States experiment of airborne infantry 
     attack began on June 25, 1940, when the Army Parachute Test 
     Platoon was first authorized by the United States Department 
     of War, and was launched when 48 volunteers began training in 
     July 1940.
       (4) The Parachute Test Platoon performed the first official 
     Army parachute jump on August 16, 1940.
       (5) The success of the Parachute Test Platoon in the days 
     immediately preceding the entry of the United States into 
     World War II led to the formation of a formidable force of 
     airborne units that, since then, have served with distinction 
     and repeated success in armed hostilities.
       (6) Among those units are the former 11th, 13th, and 17th 
     Airborne Divisions, the venerable 82nd Airborne Division, the 
     versatile 101st Airborne Division (Air Assault), and the 
     airborne regiments and battalions (some as components of 
     those divisions, some as separate units) that achieved 
     distinction as the elite 75th Ranger Regiment, the 173rd 
     Airborne Brigade, the 187th Infantry (Airborne) Regiment, the 
     503rd, 507th, 508th, 517th, 541st, and 542nd Parachute 
     Infantry Regiments, the 88th Glider Infantry Regiment, the 
     509th, 551st, and 555th Parachute Infantry Batallions, and 
     the 550th Airborne Infantry Battalion.
       (7) The achievements of the airborne forces during World 
     War II provided a basis of evolution into a diversified force 
     of parachute and air assault units that, over the years, have 
     fought in Korea, Vietnam, Grenada, Panama, the Persian Gulf 
     Region, and Somalia, and have engaged in peacekeeping 
     operations in Lebanon, the Sinai Peninsula, the Dominican 
     Republic, Haiti, Bosnia, and Kosovo.
       (8) The modern-day airborne force that has evolved from 
     those World War II beginnings is an agile, powerful force 
     that, in large part, is composed of the 82nd Airborne 
     Division, the 101st Airborne Division (Air Assault), and the 
     75th Ranger Regiment which, together with other units, 
     comprise the quick reaction force of the XVIII Airborne Corps 
     of the Army when not operating separately under a regional 
     combatant commander.
       (9) The modern-day airborne force also includes other elite 
     forces composed entirely of airborne trained and qualified 
     special operations warriors, including Army Special Forces, 
     Marine Corps Force Reconnaissance units, Navy SEALs, and Air 
     Force combat control teams, all or most of which comprise the 
     forces of the United States Special Operations Command.
       (10) In the aftermath of the terrorist attacks on the 
     United States on September 11, 2001, the 75th Ranger 
     Regiment, special forces units, and units of the 82nd 
     Airborne Division and the 101st Airborne Division (Air 
     Assault), together with other units of the Armed Forces, have 
     been prosecuting the war against terrorism by carrying out 
     combat operations in Afghanistan, training operations in the 
     Philippines, and other operations elsewhere.
       (11) In the aftermath of the President's announcement of 
     Operation Iraqi Freedom in March 2003, the 75th Ranger 
     Regiment, special forces units, and units of the 82nd 
     Airborne Division, the 101st Airborne Division (Air Assault), 
     and the 173rd Airborne Brigade, together with other units of 
     the Armed Forces, have been prosecuting the war against 
     terrorism, carrying out combat operations, conducting civil 
     affair missions, and assisting in establishing democracy in 
     Iraq.
       (12) The airborne forces are and will continue to be at the 
     ready and the forefront until the Global War on Terrorism is 
     concluded.
       (13) The members and former members of the United States 
     combat airborne forces, all have achieved distinction by 
     earning the right to wear the airborne's ``Silver Wings of 
     Courage'', thousands have achieved the distinction of making 
     combat jumps, 69 have earned the Medal of Honor, and hundreds 
     have earned the Distinguished-Service Cross, Silver Star, or 
     other decorations and awards for displays of such traits as 
     heroism, gallantry, intrepidity, and valor.
       (14) The members and former members of the United States 
     combat airborne forces are members of a proud and honorable 
     fraternity of the profession of arms that is made exclusive 
     by those distinctions which, together with their special 
     skills and achievements, distinguish them as intrepid combat 
     parachutists, special operations forces, and (in former days) 
     glider troops.
       (15) The history and achievements of the members and former 
     members of the airborne forces of the United States Armed 
     Forces warrant special expressions of the gratitude of the 
     American people as the airborne community celebrates August 
     16, 2004, as the 64th anniversary of the first official jump 
     by the Army Parachute Test Platoon.

[[Page 10829]]

       (b) Sense of Senate.--The Senate--
       (1) designates August 16, 2004, as ``National Airborne 
     Day''; and
       (2) requests that the President issue a proclamation 
     calling on Federal, State, and local administrators and the 
     people of the United States to observe ``National Airborne 
     Day'' with appropriate programs, ceremonies, and activities.

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