[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[Senate]
[Pages 11526-11531]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3261. Ms. CANTWELL (for herself, Mr. Hollings, Mrs. Murray, Mrs. 
Clinton, Mrs. Feinstein, Mr. Lautenberg, and Mr. Schumer) 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 384, strike line 3 and all that follows 
     through page 391, line 7, and insert the following:

     SEC. 3117. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND 
                   SECURITY.

       (a) Annual Report Required.--Subtitle C of title XLVII of 
     the Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND 
                   SECURITY.

       ``The Secretary of Energy shall submit to Congress each 
     year, in the budget justification materials submitted to 
     Congress in support of the budget of the President for the 
     fiscal year beginning in such year (as submitted under 
     section 1105(a) of title 31, United States Code), the 
     following:
       ``(1) A detailed description and accounting of the proposed 
     obligations and expenditures by the Department of Energy for 
     safeguards and security in carrying out programs necessary 
     for the national security for the fiscal year covered by such 
     budget, including any technologies on safeguards and security 
     proposed to be deployed or implemented during such fiscal 
     year.
       ``(2) With respect to the fiscal year ending in the year 
     before the year in which such budget is submitted, a detailed 
     description and accounting of--
       ``(A) the policy on safeguards and security, including any 
     modifications in such policy adopted or implemented during 
     such fiscal year;
       ``(B) any initiatives on safeguards and security in effect 
     or implemented during such fiscal year;

[[Page 11527]]

       ``(C) the amount obligated and expended for safeguards and 
     security during such fiscal year, set forth by total amount, 
     by amount per program, and by amount per facility; and
       ``(D) the technologies on safeguards and security deployed 
     or implemented during such fiscal year.''.
       (b) Clerical Amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     4731 the following new item:

``Sec. 4732. Annual report on expenditures for safeguards and 
              security.''.

     SEC. 3118. AUTHORITY TO CONSOLIDATE COUNTERINTELLIGENCE 
                   OFFICES OF DEPARTMENT OF ENERGY AND NATIONAL 
                   NUCLEAR SECURITY ADMINISTRATION WITHIN NATIONAL 
                   NUCLEAR SECURITY ADMINISTRATION.

       (a) Authority.--The Secretary of Energy may consolidate the 
     counterintelligence programs and functions referred to in 
     subsection (b) within the Office of Defense Nuclear 
     Counterintelligence of the National Nuclear Security 
     Administration and provide for their discharge by that 
     Office.
       (b) Covered Programs and Functions.--The programs and 
     functions referred to in this subsection are as follows:
       (1) The functions and programs of the Office of 
     Counterintelligence of the Department of Energy under section 
     215 of the Department of Energy Organization Act (42 U.S.C. 
     7144b).
       (2) The functions and programs of the Office of Defense 
     Nuclear Counterintelligence of the National Nuclear Security 
     Administration under section 3232 of the National Nuclear 
     Security Administration Act (50 U.S.C. 2422), including the 
     counterintelligence programs under section 3233 of that Act 
     (50 U.S.C. 2423).
       (c) Establishment of Policy.--The Secretary shall have the 
     responsibility to establish policy for the discharge of the 
     counterintelligence programs and functions consolidated 
     within the National Nuclear Security Administration under 
     subsection (a) as provided for under section 213 of the 
     Department of Energy Organization Act (42 U.S.C. 7144).
       (d) Preservation of Counterintelligence Capability.--In 
     consolidating counterintelligence programs and functions 
     within the National Nuclear Security Administration under 
     subsection (a), the Secretary shall ensure that the 
     counterintelligence capabilities of the Department of Energy 
     and the National Nuclear Security Administration are in no 
     way degraded or compromised.
       (e) Report on Exercise of Authority.--In the event the 
     Secretary exercises the authority in subsection (a), the 
     Secretary shall submit to the congressional defense 
     committees a report on the exercise of the authority. The 
     report shall include--
       (1) a description of the manner in which the 
     counterintelligence programs and functions referred to in 
     subsection (b) shall be consolidated within the Office of 
     Defense Nuclear Counterintelligence of the National Nuclear 
     Security Administration and discharged by that Office;
       (2) a notice of the date on which that Office shall 
     commence the discharge of such programs and functions, as so 
     consolidated; and
       (3) a proposal for such legislative action as the Secretary 
     considers appropriate to effectuate the discharge of such 
     programs and functions, as so consolidated, by that Office.
       (f) Deadline for Exercise of Authority.--The authority in 
     subsection (a) may be exercised, if at all, not later than 
     one year after the date of the enactment of this Act.

     SEC. 3119. ON-SITE TREATMENT AND STORAGE OF WASTES FROM 
                   REPROCESSING ACTIVITIES AND RELATED WASTE.

       (a) Notwithstanding any other provision of law the 
     Department of Energy shall continue all activities related to 
     the storage, retrieval, treatment, and separation of tank 
     wastes currently managed as high level radioactive waste in 
     accordance with treatment and closure plans approved by the 
     state in which the activities are taking place as part of a 
     program to clean up and dispose of waste from reprocessing 
     spent nuclear fuel at the sites referred to in subsection 
     (c).
       (b) Of the amount authorized to be appropriated by section 
     3102(a)(1) for defense site acceleration completion, 
     $350,000,000 shall be available for the activities to be 
     undertaken pursuant to subsection (a).''
       (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.
                                 ______
                                 
  SA 3262. Mr. CRAPO (for himself, Mr. Craig, Mr. Alexander, 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 384, line 15, strike ``by rule in consultation'' 
     and all that follows through page 385, line 21, and insert 
     ``by rule approved by the Nuclear Regulatory Commission;
       (2) has had highly radioactive radionuclides removed to the 
     maximum extent practical in accordance with the Nuclear 
     Regulatory Commission-approved criteria; and
       (3) in the case of material derived from the storage tanks, 
     is disposed of in a facility (including a tank) within the 
     State pursuant to a State-approved closure plan or a State-
     issued permit, authority for the approval or issuance of 
     which is conferred on the State outside of this Act.
       (b) Inapplicability to Certain Materials.--Subsection (a) 
     shall not apply to any material otherwise covered by that 
     subsection that is transported from the State.
       (c) Scope of Authority To Carry Out Actions.--The 
     Department of Energy may implement any action authorized--
       (1) by a State-approved closure plan or State-issued permit 
     in existence on the date of enactment of this section; or
       (2) by a closure plan approved by the State or a permit 
     issued by the State during the pendency of the rulemaking 
     provided for in subsection (a).

     Any such action may be completed pursuant to the terms of the 
     closure plan or the State-issued permit notwithstanding the 
     final criteria adopted by the rulemaking pursuant to 
     subsection (a).
       (d) State Defined.--In this section, the term ``State'' 
     means the State of South Carolina.
       (e) Construction.--(1) Nothing in this section shall 
     effect, alter, or modify the full implementation of--
       (A) the settlement agreement entered into by the United 
     States with the State of Idaho in the actions captioned 
     Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-
     EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in 
     the United States District Court for the District of Idaho, 
     and the consent order of the United States District Court for 
     the District of Idaho, dated October 17, 1995, that 
     effectuates the settlement agreement;
       (B) the Idaho National Engineering Laboratory Federal 
     Facility Agreement and Consent Order; or
       (C) the Hanford Federal Facility Agreement and Consent 
     Order.
       (2) Nothing in this section establishes any precedent or is 
     binding on the State of Idaho, the State of Washington, or 
     any other State for the management, storage, treatment, and 
     disposition of radioactive and hazardous materials.
                                 ______
                                 
  SA 3263. Mr. KENNEDY (for himself, Mrs. Feinstein, Mr. Reed, Mr. 
Lautenberg, and Mr. Feingold) 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; which was ordered to lie on the table; as follows:

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

     SEC. 3122. PROHIBITION ON USE OF FUNDS FOR NEW NUCLEAR 
                   WEAPONS DEVELOPMENT UNDER STOCKPILE SERVICES 
                   ADVANCED CONCEPTS INITIATIVE OR FOR ROBUST 
                   NUCLEAR EARTH PENETRATOR.

       None of the funds authorized to be appropriated by section 
     3101(a)(1) for the National Nuclear Security Administration 
     for weapons activities may be obligated or expended for the 
     following:
       (1) The Stockpile Services Advanced Concepts Initiative for 
     the support of new nuclear weapons development.
       (2) The Robust Nuclear Earth Penetrator (RNEP).
                                 ______
                                 
  SA 3264. Mr. PRYOR 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 III, add the following:

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

       (a) Findings.--The Senate makes the following findings:
       (1) Members of the Armed Forces of the United States place 
     themselves in harms way in the defense of democratic values 
     and to keep the United States safe.
       (2) This call to duty has resulted in the ultimate 
     SACRIFICE of members of the Armed Forces of the United States 
     who are killed or critically injured while serving the United 
     States.

[[Page 11528]]

       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to honor the SACRIFICE of the members of the Armed 
     Forces who have been killed or critically wounded while 
     serving the United States;
       (2) to recognize the heroic efforts of the medical 
     personnel of the Armed Forces in treating wounded military 
     personnel and civilians; and
       (3) to support advanced medical technologies that assist 
     the medical personnel of the Armed Forces in saving lives and 
     reducing disability rates for members of the Armed Forces.
       (c) Procedures for Tracking of Wounded From Combat Zones.--
     (1) Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall prescribe in 
     regulations procedures for the Department of Defense to--
       (A) notify the family of each member of the Armed Forces 
     who is injured in a combat zone regarding such injury; and
       (B) provide the family of each such member of the Armed 
     Forces with information on any change of status, including 
     health or location, of such member during the transportation 
     of such member to a treatment destination.
       (2) The Secretary shall transmit to Congress a copy of the 
     procedures prescribed under paragraph (1).
       (d) Medical Equipment and Combat Casualty Technologies.--Of 
     the amount authorized to be appropriated by section 201(4) 
     for research, development, test, and evaluation, Defense-wide 
     activities, $10,000,000 of the amount in Program Element PE 
     0603826D8Z shall be available for medical equipment and 
     combat casualty care technologies.
                                 ______
                                 
  SA 3265. Ms. SNOWE (for herself, Mr. Allen, Mr. Coleman, and Mr. 
Kerry) 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:

       Beginning on page 167, strike line 6 and all that follows 
     through page 169, line 21, and insert the following:
       (B) persons who are representative of labor organizations 
     associated with the defense industry, and persons who are 
     representative of small business concerns or organizations of 
     small business concerns that are involved in Department of 
     Defense contracting and other Federal Government contracting.
       (3) The appointment of the members of the Commission under 
     this subsection shall be made not later than March 1, 2005.
       (4) Members shall be appointed for the life of the 
     Commission. A vacancy in the Commission shall not affect its 
     powers, but shall be filled in the same manner in which the 
     original appointment was made.
       (5) The President shall designate one member of the 
     Commission to serve as the Chairman of the Commission.
       (c) Meetings.--(1) The Commission shall meet at the call of 
     the Chairman.
       (2) A majority of the members of the Commission shall 
     constitute a quorum, but a lesser number may hold hearings.
       (d) Duties.--(1) The Commission shall--
       (A) study the issues associated with the future of the 
     national technology and industrial base in the global 
     economy, particularly with respect to its effect on United 
     States national security; and
       (B) assess the future ability of the national technology 
     and industrial base to attain the national security 
     objectives set forth in section 2501 of title 10, United 
     States Code.
       (2) In carrying out the study and assessment under 
     paragraph (1), the Commission shall consider the following 
     matters:
       (A) Existing and projected future capabilities of the 
     national technology and industrial base.
       (B) The impact on the national technology and industrial 
     base of civil-military integration and the growing dependence 
     of the Department of Defense on the commercial market for 
     defense products and services.
       (C) The effects of domestic source restrictions on the 
     strength of the national technology and industrial base.
       (D) The effects of the policies and practices of United 
     States allies and trading partners on the national technology 
     and industrial base.
       (E) The effects on the national technology and industrial 
     base of laws and regulations related to international trade 
     and the export of defense technologies and dual-use 
     technologies.
       (F) The adequacy of programs that support science and 
     engineering education, including programs that support 
     defense science and engineering efforts at institutions of 
     higher learning, with respect to meeting the needs of the 
     national technology and industrial base.
       (G) The implementation of policies and planning required 
     under subchapter II of chapter 148 of title 10, United States 
     Code, and other provisions of law designed to support the 
     national technology and industrial base.
       (H) The role of the Manufacturing Technology program, other 
     Department of Defense research and development programs, and 
     the utilization of the authorities of the Defense Production 
     Act of 1950 to provide transformational breakthroughs in 
     advanced manufacturing technologies and processes that ensure 
     the strength and productivity of the national technology and 
     industrial base.
       (I) The role of small business concerns in strengthening 
     the national technology and industrial base.
                                 ______
                                 
  SA 3266. Ms. SNOWE 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 C of title X, add the following:

     SEC. 1022. REPORT ON ACCESS TO MILITARY TREATMENT FACILITIES 
                   BY MEMBERS OF THE DISABLED AMERICAN VETERANS.

       (a) Report.--Not later than __ days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth the policy of the 
     Department of Defense on the access of members of the 
     Disabled American Veterans (DAV) to military treatment 
     facilities, including any encumbrances to the access of such 
     members to such treatment facilities.
       (b) Additional Element.--The report shall include proposals 
     to grant national service officers of the Disabled American 
     Veterans access to wounded members of the Armed Forces at 
     military treatment facilities.
                                 ______
                                 
  SA 3267. Ms. SNOWE 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:

         On line 1, insert ``subsection (b) of'' after ``Strike''.
                                 ______
                                 
  SA 3268. Ms. SNOWE 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 C of title X, add the following:
                                 ______
                                 
  SA 3269. Ms. SNOWE 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 G of title X, add the following

     SEC. 1022. REPORT ON COMMUNICATIONS WITH FAMILIES REGARDING 
                   CASUALTY INVESTIGATIONS AND REPORTS.

         (a) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth proposals for means of 
     improving the procedures of the Department of Defense 
     regarding the transfer of information on Department casualty 
     investigations and reports to and from the families of the 
     members of the Armed Forces concerned.
         (b) Procedures for Addressing Freedom of Information 
     Requests.--The report shall include appropriate procedures 
     for addressing requests of families for information on 
     Department casualty investigations and reports under section 
     552 of title 5, United States Code (commonly known as the 
     Freedom of Information Act).
                                 ______
                                 
  SA 3270. Ms. SNOWE 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

[[Page 11529]]

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(b).

     SEC. 1068. REQUIREMENT TO PERMIT FAMILY MEMBERS OR DESIGNEES 
                   TO GREET BODIES OF MEMBERS OF THE ARMED FORCES 
                   KILLED IN ACTION OVERSEAS UPON THE RETURN TO 
                   THE UNITED STATES.

         (a) Requirement.--The Secretary of Defense shall permit 
     the family members of a member of the Armed Forces killed in 
     action overseas, or the designees of such family members, to 
     greet the body of the member of the Armed Forces at Dover Air 
     Force Base, Delaware, upon the return of the body of the 
     member of the Armed Forces from overseas.
         (b) Limitation on Number in Greeting.--The number of 
     individuals who may greet the body of a member of the Armed 
     Forces under subsection (a) may not exceed two individuals.
         (c) Purpose.--The purpose of the greeting of a body of a 
     member of the Armed Forces under subsection (a) shall be to 
     permit the individuals greeting the body to escort the body 
     to its place of burial.
                                 ______
                                 
  SA 3271. Ms. SNOWE 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 C of title X, add the following:

     SEC. 1022. REPORT ON CONTINUITY OF CARE FURNISHED BY 
                   DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
                   VETERANS AFFAIRS FOR COMBAT INJURIES.

       Not later than __ days after the date of the enactment of 
     this Act, the Secretary of Defense and the Secretary of 
     Veterans Affairs shall jointly submit to Congress a report on 
     the status of efforts of the Department of Defense and the 
     Department of Veterans Affairs to ensure that--
       (1) members of the Armed Forces who are wounded or injured 
     in combat receive the health care to which they are entitled 
     from each Department;
       (2) emerging trends in combat-related wounds and injuries 
     are being identified and addressed by each Department in its 
     programs of care; and
       (3) the Department of Veterans Affairs receives from the 
     Department of Defense in a timely and effective manner pre-
     deployment and post-deployment screening data on members of 
     the Armed Forces collected by the Department of Defense that 
     will assist the Department of Veterans Affairs in its 
     clinical evaluation of veterans of combat.
                                 ______
                                 
  SA 3272. Ms. Snowe 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:

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

     SEC. 868. REQUIREMENT TO PROVIDE DOCUMENTS TO CONGRESS TO 
                   ENHANCE TRANSPARENCY IN DEPARTMENT OF DEFENSE 
                   CONTRACTING.

       (a) Requirement To Provide Requested Documents.--Chapter 
     137 of title 10, United States Code, is amended by adding at 
     the end the following new section:

     ``Sec. 2333. Congressional oversight: submittal of contract 
       documents

       ``(a) Requirement To Provide Requested Documents.--Not 
     later than 14 days after receiving from the chairman or 
     ranking member of a committee of Congress named in subsection 
     (b) a request for documents described in subsection (c) 
     regarding a Department of Defense contract, the Secretary of 
     Defense shall transmit an unredacted copy of each such 
     document to the chairman or ranking member making the 
     request.
       ``(b) Requesting Committees.--The committees of Congress 
     referred to in subsection (a) are as follows:
       ``(1) The Committee on Armed Services of the Senate.
       ``(2) The Committee on Armed Services of the House of 
     Representatives.
       ``(3) The Committee on Small Business and Entrepreneurship 
     of the Senate.
       ``(4) The Committee on Small Business of the House of 
     Representatives.
       ``(5) The Committee on Governmental Affairs of the Senate.
       ``(6) The Committee on Government Reform of the House of 
     Representatives.
       ``(c) Documents To Be Provided.--The requirement under 
     subsection (a) applies to documents, relating to a contract, 
     that are required to be maintained in the contracting office 
     contract file, the contract administration office contract 
     file, and the paying office contract file pursuant to subpart 
     4.8 of the Federal Acquisition Regulation, including--
       ``(1) copies of the contract and all modifications;
       ``(2) orders issued under the contract;
       ``(3) justifications and approvals;
       ``(4) any Government estimate of contract price;
       ``(5) source selection documentation;
       ``(6) cost or price analysis;
       ``(7) audit reports;
       ``(8) justification for type of contract;
       ``(9) authority for deviations from regulations, statutory 
     requirements, or other restrictions;
       ``(10) bills, invoices, vouchers, and supporting documents; 
     and
       ``(11) records of payments or receipts.
       ``(d) Contract Includes Task or Delivery Order.--In this 
     section, the term `contract' includes a task or delivery 
     order under a task or delivery order contract.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2333. Congressional oversight: submittal of contract documents.''.
                                 ______
                                 
  SA 3273. Ms. SNOWE 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:

       On page 158, between lines 6 and 7, insert the following:

     SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR ADVISORY 
                   PANEL ON REVIEW OF GOVERNMENT PROCUREMENT LAWS 
                   AND REGULATIONS.

       (a) Relationship of Recommendations to Small Businesses.--
     Section 1423 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 106-136; 117 Stat. 1669; 41 
     U.S.C. 405 note) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Issues Relating to Small Businesses.--In developing 
     recommendations under subsection (c)(2), the panel shall--
       ``(1) consider the effects of its recommendations on small 
     business concerns; and
       ``(2) include any recommended modifications of laws, 
     regulations, and policies that the panel considers necessary 
     to enhance and ensure competition in contracting that affords 
     small business concerns meaningful opportunity to participate 
     in Federal Government contracts.''.
       (b) Membership.--Subsection (b) of such section is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B);
       (2) by inserting ``(1)'' after ``(b) Membership.--''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The Chief Counsel for Advocacy of the Small Business 
     Administration, or a representative of the Chief Counsel 
     designated by the Chief Counsel, shall be an ex officio 
     member of the panel.''.
       (c) Revision and Extension of Reporting Requirement.--
     Subsection (e) of such section, as redesignated by subsection 
     (a)(1), is amended--
       (1) by striking ``Report.--'', and inserting ``Reporting 
     Requirements.--(1)'';
       (2) by striking ``one year after the establishment of the 
     panel'' and inserting ``one year after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2005'';
       (3) by striking ``Services and'' both places it appears and 
     inserting ``Services,'';
       (4) by inserting ``, and Small Business'' after 
     ``Government Reform'';
       (5) by inserting ``, and Small Business and 
     Entrepreneurship'' after ``Governmental Affairs''; and
       (6) by adding at the end the following new paragraph:
       ``(2) If the panel completes the report under paragraph (1) 
     before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2005, the panel may submit 
     the report in accordance with that paragraph, but shall 
     also--
       ``(A) review its findings and recommendations for 
     consistency with subsection (d); and
       ``(B) not later than one year after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2005, submit to the committees of Congress 
     specified in paragraph (1) a supplemental report that 
     contains the conclusions of the panel upon

[[Page 11530]]

     review under subparagraph (A), together with any revised or 
     additional recommendations resulting from the application of 
     subsection (d)(2).''.
                                 ______
                                 
  SA 3274. Mrs. DOLE (for Mr. Roberts) proposed an amendment to the 
bill S. 2400, to authorize appropriations for fiscal year 2005 for 
military activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; as follows:

       At the end of subtitle C of title XXVIII, insert the 
     following:

     SEC. 2830. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, 
                   KANSAS.

       (a) Conveyance Authorized.--The Secretary of the Army, in 
     consultation with the Administrator of General Services, may 
     convey to an entity selected by the Board of Commissioners of 
     Johnson County, Kansas (in this section referred to as the 
     ``entity'' and the ``Board'', respectively), all right, 
     title, and interest of the United States in and to a parcel 
     of real property, including any improvements thereon, 
     consisting of approximately 9,065 acres and containing the 
     Sunflower Army Ammunition Plant. The purpose of the 
     conveyance is to facilitate the re-use of the property for 
     economic development and revitalization.
       (b) Consideration.--(1) As consideration for the conveyance 
     under subsection (a), the entity shall provide the United 
     States, whether by cash payment, in-kind contribution, or a 
     combination thereof, an amount that is not less than the fair 
     market value, as determined by an appraisal of the property 
     acceptable to the Administrator and the Secretary. The 
     Secretary may authorize the entity to carry out, as in-kind 
     consideration, environmental remediation activities for the 
     property conveyed under such subsection.
       (2) The Secretary shall deposit any cash received as 
     consideration under this subsection in a special account 
     established pursuant to section 572(b) of title 40, United 
     States Code, to pay for environmental remediation and 
     explosives cleanup of the property conveyed under subsection 
     (a).
       (c) Construction With Previous Land Conveyance Authority on 
     Sunflower Army Ammunition Plant.--The authority in subsection 
     (a) to make the conveyance described in that subsection is in 
     addition to the authority under section 2823 of the Military 
     Construction Authorization Act for Fiscal Year 2003 (division 
     B of Public Law 107-314; 116 Stat. 2712) to make the 
     conveyance described in that section.
       (d) Environmental Remediation and Explosives Cleanup.--(1) 
     Notwithstanding any other provision of law, the Secretary may 
     enter into a multi-year cooperative agreement or contract 
     with the entity to undertake environmental remediation and 
     explosives cleanup of the property, and may utilize amounts 
     authorized to be appropriated for the Secretary for purposes 
     of environmental remediation and explosives cleanup under the 
     agreement.
       (2) The terms of the cooperative agreement or contract may 
     provide for advance payments on an annual basis or for 
     payments on a performance basis. Payments may be made over a 
     period of time agreed to by the Secretary and the entity or 
     for such time as may be necessary to perform the 
     environmental remediation and explosives cleanup of the 
     property, including any long-term operation and maintenance 
     requirements.
       (e) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the entity or other persons to cover costs to be 
     incurred by the Secretary, or to reimburse the Secretary for 
     costs incurred by the Secretary, to carry out the conveyance 
     under subsection (a), including survey costs, costs related 
     to environmental, and other administrative costs related to 
     the conveyance.
       (2) Amounts received under paragraph (1) shall be credited 
     to the appropriation, fund, or account from which the costs 
     were paid. Amounts so credited shall be merged with funds in 
     such appropriation, fund, or account, and shall be available 
     for the same purposes, and subject to the same limitations, 
     as the funds with which merged.
       (f) 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 jointly 
     satisfactory to the Secretary and the Administrator.
       (g) Additional Terms and Conditions.--The Secretary and the 
     Administrator may require such additional terms and 
     conditions in connection with the conveyance of real property 
     under subsection (a), and the environmental remediation and 
     explosives cleanup under subsection (d), as the Secretary and 
     the Administrator jointly consider appropriate to protect the 
     interests of the United States.
                                 ______
                                 
  SA 3275. Mrs. DOLE (for 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:

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

     SEC. 1068. PROTECTION OF ARMED FORCES PERSONNEL FROM 
                   RETALIATORY ACTIONS FOR COMMUNICATIONS MADE 
                   THROUGH THE CHAIN OF COMMAND.

       (a) Protected Communications.--Section 1034(b)(1)(B) of 
     title 10, United States Code, is amended--
       (1) by striking ``or'' at the end of clause (iii)''; and
       (2) by striking clause (iv) and inserting the following:
       ``(iv) any person or organization in the chain of command; 
     or
       ``(v) any other person or organization designated pursuant 
     to regulations or other established administrative procedures 
     for such communications.''.
       (b) Effective Date and Applicability.--This section and the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act and shall apply with respect to 
     any unfavorable personnel action taken or threatened, and any 
     withholding of or threat to withhold a favorable personnel 
     action, on or after that date.
                                 ______
                                 
  SA 3276. Mrs. DOLE (for Mr. Lieberman) proposed an amendment to the 
bill S. 2400, to authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; as follows:

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

     SEC. 1022. REPORT ON TRAINING PROVIDED TO MEMBERS OF THE 
                   ARMED FORCES TO PREPARE FOR POST-CONFLICT 
                   OPERATIONS.

       (a) Study on Training.--The Secretary of Defense shall 
     conduct a study to determine the extent to which members of 
     the Armed Forces assigned to duty in support of contingency 
     operations receive training in preparation for post-conflict 
     operations and to evaluate the quality of such training.
       (b) Matters To Be Included in Study.--As part of the study 
     under subsection (a), the Secretary shall specifically 
     evaluate the following:
       (1) The doctrine, training, and leader-development system 
     necessary to enable members of the Armed Forces to 
     successfully operate in post-conflict operations.
       (2) The adequacy of the curricula at military educational 
     facilities to ensure that the Armed Forces has a cadre of 
     members skilled in post-conflict duties, including a 
     familiarity with applicable foreign languages and foreign 
     cultures.
       (3) The training time and resources available to members 
     and units of the Armed Forces to develop cultural awareness 
     about ethnic backgrounds and religious beliefs of the people 
     living in areas in which post-conflict operations are likely 
     to occur.
       (4) The adequacy of training transformation to emphasize 
     post-conflict operations, including interagency coordination 
     in support of combatant commanders.
       (c) Report on Study.--Not later than May 1, 2005, the 
     Secretary shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report on the result of the study 
     conducted under this section.
                                 ______
                                 
  SA 3277. Mrs. DOLE (for Mr. Miller) 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 79, between lines 10 and 11, insert the following:

     SEC. 515. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED 
                   WARRANT OFFICERS RECALLED TO ACTIVE DUTY.

       (a) Requirement for Study.--The Secretary of Defense shall 
     carry out a study to determine whether it would be equitable 
     for retired warrant officers on active duty, but not on the 
     active-duty list by reason of section 582(2) of title 10, 
     United States Code, to be eligible for consideration for 
     promotion under section 573 of such title.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the results of the study under 
     subsection (a). The report shall include a discussion of the 
     Secretary's determination regarding the issue covered by the 
     study, the rationale for the Secretary's determination, and 
     any recommended legislation that the Secretary considers 
     appropriate regarding that issue.
                                 ______
                                 
  SA 3278. Mrs. DOLE (for Mr. Stevens (for himself and Mr. Inouye)) 
proposed an amendment to the bill S. 2400, to authorize appropriations 
for fiscal year

[[Page 11531]]

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 section 123 and insert the following:

     SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUBMARINE 
                   ENGINEERED REFUELING OVERHAUL AND CONVERSION.

       (a) Establishment.--The Secretary of the Navy may carry out 
     a pilot program of flexible funding of engineered refueling 
     overhauls and conversions of submarines in accordance with 
     this section.
       (b) Authority.--Under the pilot program, the Secretary of 
     the Navy may, subject to subsection (d), transfer amounts 
     described in subsection (c) to the authorization of 
     appropriations for the Navy for procurement for shipbuilding 
     and conversion for any fiscal year to continue to provide 
     authorization of appropriations for any engineered refueling 
     conversion or overhaul of a submarine of the Navy for which 
     funds were initially provided on the basis of the 
     authorization of appropriations to which transferred.
       (c) Amounts Available for Transfer.--The amounts available 
     for transfer under this section are amounts authorized to be 
     appropriated to the Navy for any fiscal year after fiscal 
     year 2004 and before fiscal year 2013 for the following 
     purposes:
       (1) For procurement as follows:
       (A) For shipbuilding and conversion.
       (B) For weapons procurement.
       (C) For other procurement.
       (2) For operation and maintenance.
       (d) Limitations.--(1) A transfer may be made with respect 
     to a submarine under this section only to meet either (or 
     both) of the following requirements:
       (A) An increase in the size of the workload for engineered 
     refueling overhaul and conversion to meet existing 
     requirements for the submarine.
       (B) A new engineered refueling overhaul and conversion 
     requirement resulting from a revision of the original 
     baseline engineered refueling overhaul and conversion program 
     for the submarine.
       (2) A transfer may not be made under this section before 
     the date that is 30 days after the date on which the 
     Secretary of the Navy transmits to the congressional defense 
     committees a written notification of the intended transfer. 
     The notification shall include the following matters:
       (A) The purpose of the transfer.
       (B) The amounts to be transferred.
       (C) Each account from which the funds are to be 
     transferred.
       (D) Each program, project, or activity from which the 
     amounts are to be transferred.
       (E) Each account to which the amounts are to be 
     transferred.
       (F) A discussion of the implications of the transfer for 
     the total cost of the submarine engineered refueling overhaul 
     and conversion program for which the transfer is to be made.
       (e) Merger of Funds.--A transfer made from one account to 
     another with respect to the engineered refueling overhaul and 
     conversion of a submarine under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred and shall be available for the 
     engineered refueling overhaul and conversion of such 
     submarine for the same period as the account to which 
     transferred.
       (f) Relationship to Other Transfer Authority.--The 
     authority to make transfers under this section is in addition 
     to any other transfer authority provided in this or any other 
     Act and is not subject to any restriction, limitation, or 
     procedure that is applicable to the exercise of any such 
     other authority.
       (g) Final Report.--Not later than October 1, 2011, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report containing the Secretary's 
     evaluation of the efficacy of the authority provided under 
     this section.
       (h) Termination of Program.--No transfer may be made under 
     this section after September 30, 2012.
                                 ______
                                 
  SA 3279. 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:

       On page 269, between lines 2 and 3, insert the following:
       (f) Report on Relationships Between the Government of 
     Venezuela and Terrorist Organizations in Colombia.--(1) Not 
     later than 60 days after the date of the enactment of this 
     Act, the Secretary of Defense shall, in consultation with the 
     Secretary of State and the Director of Central Intelligence, 
     submit to the congressional defense committees and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives a report that describes--
       (A) any relationships between the Government of Venezuela 
     and foreign terrorist organizations based in Colombia, 
     including the provision of any direct or indirect assistance 
     to such organizations; and
       (B) United States policies that are designed to address 
     such relationships.
       (2) The report under paragraph (1) shall be submitted in 
     unclassified form, but may include a classified annex.
                                 ______
                                 
  SA 3280. Mr. INHOFE (for himself, Mr. Bingaman, Ms. Collins, Mr. 
Dorgan, Ms. Cantwell, Mr. Kohl, and Mr. Coleman) 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 appropriate place, insert the following:

     SEC. __. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       (a) Permanent Extension.--Effective September 30, 2003, 
     section 801(c) of the National Energy Conservation Policy Act 
     (42 U.S.C. 8287(c)) is repealed.
       (b) Payment of Costs.--Section 802 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287a) is amended by 
     inserting ``, water, or wastewater treatment'' after 
     ``payment of energy''.
       (c) Energy Savings.--Section 804(2) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to 
     read as follows:
       ``(2) The term `energy savings' means a reduction in the 
     cost of energy, water, or wastewater treatment, from a base 
     cost established through a methodology set forth in the 
     contract, used 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, or technical 
     services;
       ``(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; or
       ``(C) the increased efficient use of existing water sources 
     in either interior or exterior applications.''.
       (d) Energy Savings Contract.--Section 804(3) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287c(3)) 
     is amended to read as follows:
       ``(3) The terms `energy savings contract' and `energy 
     savings performance contract' mean a contract that provides 
     for the performance of services for the design, acquisition, 
     installation, testing, and, where appropriate, operation, 
     maintenance, and repair, of an identified energy or water 
     conservation measure or series of measures at 1 or more 
     locations. Such contracts shall, with respect to an agency 
     facility that is a public building (as such term is defined 
     in section 3301 of title 40, United States Code), be in 
     compliance with the prospectus requirements and procedures of 
     section 3307 of title 40, United States Code.''.
       (e) Energy or Water Conservation Measure.--Section 804(4) 
     of the National Energy Conservation Policy Act (42 U.S.C. 
     8287c(4)) is amended to read as follows:
       ``(4) The term `energy or water conservation measure' 
     means--
       ``(A) an energy conservation measure, as defined in section 
     551; or
       ``(B) a water conservation measure that improves the 
     efficiency of water use, is life-cycle cost-effective, and 
     involves water conservation, water recycling or reuse, more 
     efficient treatment of wastewater or stormwater, improvements 
     in operation or maintenance efficiencies, retrofit 
     activities, or other related activities, not at a Federal 
     hydroelectric facility.''.
       (f) Extension of Authority.--Any energy savings performance 
     contract entered into under section 801 of the National 
     Energy Conservation Policy Act (42 U.S.C. 8287) after October 
     1, 2003, and before the date of enactment of this Act, shall 
     be deemed to have been entered into pursuant to such section 
     801 as amended by subsection (a) of this section.

                          ____________________