[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[Senate]
[Pages 11613-11701]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS


                          previously submitted

  SA 3285. Mr. LEAHY 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 208, between lines 16 and 17, insert the following:

     SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.

       (a) Authority.--Chapter 1 of title 32, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. Homeland security activities

       ``(a) Use of Personnel Performing Full-Time National Guard 
     Duty.--The Governor of a State may, upon the request by the 
     head of a Federal agency and with the concurrence of the 
     Secretary of Defense, order any personnel of the National 
     Guard of the State to perform full-time National Guard duty 
     under section 502(f) of this title for the purpose of 
     carrying out homeland security activities, as described in 
     subsection (b).
       ``(b) Purpose and Duration.--(1) The purpose for the use of 
     personnel of the National Guard of a State under this section 
     is to temporarily provide trained and disciplined personnel 
     to a Federal agency to assist that agency in carrying out 
     homeland security activities.
       ``(2) The duration of the use of the National Guard of a 
     State under this section shall be limited to a period of 179 
     days. The Governor of the State may, with the concurrence of 
     the Secretary of Defense, extend the period one time for an 
     additional 90 days to meet extraordinary circumstances.
       ``(c) Relationship to Required Training.-- A member of the 
     National Guard serving on full-time National Guard duty under 
     orders authorized under subsection (a) shall participate in 
     the training required under section 502(a) of this title in 
     addition to the duty performed for the purpose authorized 
     under that subsection. The pay, allowances, and other 
     benefits of the member while participating in the training 
     shall be the same as those to which the member is entitled 
     while performing duty for the purpose of carrying out 
     homeland security activities. The

[[Page 11614]]

     member is not entitled to additional pay, allowances, or 
     other benefits for participation in training required under 
     section 502(a)(1) of this title.
       ``(d) Readiness.--To ensure that the use of units and 
     personnel of the National Guard of a State for homeland 
     security activities does not degrade the training and 
     readiness of such units and personnel, the following 
     requirements shall apply in determining the homeland security 
     activities that units and personnel of the National Guard of 
     a State may perform:
       ``(1) The performance of the activities may not adversely 
     affect the quality of that training or otherwise interfere 
     with the ability of a member or unit of the National Guard to 
     perform the military functions of the member or unit.
       ``(2) National Guard personnel will not degrade their 
     military skills as a result of performing the activities.
       ``(3) The performance of the activities will not result in 
     a significant increase in the cost of training.
       ``(4) In the case of homeland security performed by a unit 
     organized to serve as a unit, the activities will support 
     valid unit training requirements.
       ``(e) Payment of Costs.--(1) The Secretary of Defense shall 
     provide funds to the Governor of a State to pay costs of the 
     use of personnel of the National Guard of the State for the 
     performance of homeland security activities under this 
     section. Such funds shall be used for the following costs:
       ``(A) The pay, allowances, clothing, subsistence, 
     gratuities, travel, and related expenses (including all 
     associated training expenses, as determined by the 
     Secretary), as authorized by State law, of personnel of the 
     National Guard of that State used, while not in Federal 
     service, for the purpose of homeland security activities.
       ``(B) The operation and maintenance of the equipment and 
     facilities of the National Guard of that State used for the 
     purpose of homeland security activities.
       ``(2) The Secretary of Defense shall require the head of an 
     agency receiving support from the National Guard of a State 
     in the performance of homeland security activities under this 
     section to reimburse the Department of Defense for the 
     payments made to the State for such support under paragraph 
     (1).
       ``(f) Memorandum of Agreement.--The Secretary of Defense 
     and the Governor of a State shall enter into a memorandum of 
     agreement with the head of each Federal agency to which the 
     personnel of the National Guard of that State are to provide 
     support in the performance of homeland security activities 
     under this section. The memorandum of agreement shall--
       ``(1) specify how personnel of the National Guard are to be 
     used in homeland security activities;
       ``(2) include a certification by the Adjutant General of 
     the State that those activities are to be performed at a time 
     when the personnel are not in Federal service;
       ``(3) include a certification by the Adjutant General of 
     the State that--
       ``(A) participation by National Guard personnel in those 
     activities is service in addition to training required under 
     section 502 of this title; and
       ``(B) the requirements of subsection (d) of this section 
     will be satisfied;
       ``(4) include a certification by the Attorney General of 
     the State (or, in the case of a State with no position of 
     Attorney General, a civilian official of the State equivalent 
     to a State attorney general), that the use of the National 
     Guard of the State for the activities provided for under the 
     memorandum of agreement is authorized by, and is consistent 
     with, State law;
       ``(5) include a certification by the Governor of the State 
     or a civilian official of the State designated by the 
     Governor that the activities provided for under the 
     memorandum of agreement serve a State security purpose; and
       ``(6) include a certification by the head of the Federal 
     agency that the agency will have a plan to ensure that the 
     agency's requirement for National Guard support ends not 
     later than 179 days after the commencement of the support.
       ``(g) Exclusion From End-Strength Computation.--
     Notwithstanding any other provision of law, members of the 
     National Guard on active duty or full-time National Guard 
     duty for the purposes of administering (or during fiscal year 
     2003 otherwise implementing) this section shall not be 
     counted toward the annual end strength authorized for 
     Reserves on active duty in support of the reserve components 
     of the armed forces or toward the strengths authorized in 
     sections 12011 and 12012 of title 10.
       ``(h) Annual Report.--The Secretary of Defense shall submit 
     to Congress an annual report regarding any assistance 
     provided and activities carried out under this section during 
     the preceding fiscal year. The report shall include the 
     following:
       ``(1) The number of members of the National Guard excluded 
     under subsection (g) from the computation of end strengths.
       ``(2) A description of the homeland security activities 
     conducted with funds provided under this section.
       ``(3) An accounting of the amount of funds provided to each 
     State.
       ``(4) A description of the effect on military training and 
     readiness of using units and personnel of the National Guard 
     to perform homeland security activities under this section.
       ``(i) Statutory Construction.--Nothing in this section 
     shall be construed as a limitation on the authority of any 
     unit of the National Guard of a State, when such unit is not 
     in Federal service, to perform functions authorized to be 
     performed by the National Guard by the laws of the State 
     concerned.
       ``(j) Definitions.--For purposes of this section:
       ``(1) The term `Governor of a State' means, in the case of 
     the District of Columbia, the Commanding General of the 
     National Guard of the District of Columbia.
       ``(2) The term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such section is amended by adding at the end the 
     following new item:

``116. Homeland security activities.''.
                                 ______
                                 
  SA 3286. Mr. BYRD 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 158, between lines 6 and 7, insert the following:

     SEC. 805. PROHIBITION RELATING TO ACCEPTANCE OF COMPENSATION 
                   BY FORMER SENIOR OFFICIALS FOR CONTRACTOR 
                   EMPLOYMENT.

       (a) Prohibition.--Section 27(d) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 423(d)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2)(A) A person who has served in a position described in 
     subparagraph (B) may not accept compensation from a 
     contractor as an employee, officer, director, or consultant 
     of a contractor for the period applicable under subparagraph 
     (C) or for any work performed during such period if that 
     person, while serving in the position described in 
     subparagraph (B), engaged in the performance of any official 
     duties described in subparagraph (D) that resulted in a 
     financial benefit for such contractor.
       ``(B) Subparagraph (A) applies to the following persons:
       ``(i) A person who has served in an office of the executive 
     branch to which appointed by the President.
       ``(ii) A person who has served in a Senior Executive 
     Service position.
       ``(iii) A person who has served in a position in the 
     executive branch in a grade above grade GS-12 under the 
     General Schedule.
       ``(iv) A commissioned officer of the uniformed services who 
     has served in a position involving the performance of 
     official duties described in subparagraph (D).
       ``(C) The period applicable under subparagraph (A) to a 
     person who formerly served in a position described in 
     subparagraph (B) is the two-year period beginning on the date 
     on which the employment or assignment of that person in that 
     position terminated.
       ``(D) Subparagraph (A) applies, in the case of a person who 
     served in a position described in paragraph (B), with respect 
     to--
       ``(i) each procurement program of the United States that 
     such person supervised or administered, or for which such 
     person was involved in prescribing any of the requirements to 
     be met by such procurement, in the performance of official 
     duties while serving in such position;
       ``(ii) each procurement policy of the United States that 
     such person prescribed or administered in the performance of 
     official duties while serving in such position; and
       ``(iii) each procurement policy of the United States on 
     which such person, in the performance of official duties, 
     contributed recommendations in the formulation of such 
     policy.''; and
       (2) by adding at the end the following new paragraphs:
       ``(6)(A) As a condition for employment or assignment of a 
     person in a Federal Government position described in 
     paragraph (1) or paragraph (2)(B), that person shall enter 
     into an agreement with the Director of the Office of 
     Government Ethics to comply with the restriction on 
     acceptance of compensation provided in paragraph (1) or (2), 
     respectively. The agreement shall include a clause that 
     requires the person, upon separation from active service in 
     the Federal Government, to file with the Office of Government 
     Ethics a declaration of all programs, projects, activities, 
     and (in the case of a person to whom paragraph (2) applies) 
     policies on which the person performed official duties that 
     disqualify such person from accepting compensation from 
     affected contractors under paragraph (1) or (2), and the 
     dates on which the person performed work on such programs, 
     projects, activities, and policies.

[[Page 11615]]

       ``(B) Before accepting a position as an employee, officer, 
     director, or consultant of a contractor, a person referred to 
     in subparagraph (A) shall provide the contractor with a copy 
     of the declaration filed by that person with the Office of 
     Government Ethics under such subparagraph. The person may not 
     accept the position unless an officer of the contractor 
     authorized to do so executes an acknowledgement of receipt of 
     the declaration (including an acknowledgement of receipt of 
     notice of the programs, projects, activities, and policies 
     set forth in that declaration) and the contractor complies 
     with the requirement in subparagraph (C).
       ``(C) Promptly after executing an acknowledgement under 
     subparagraph (B), the contractor shall file the contractor's 
     acknowledgement with the Office of Government Ethics. A 
     contractor that fails to file such an acknowledgement 
     promptly shall be subject to penalties and administrative 
     actions as set forth in subsection (e).
       ``(D) The Director of the Office of Government Ethics shall 
     make available to the public all declarations filed under 
     subparagraph (A) and all acknowledgements filed under 
     subparagraph (C).
       ``(E) Promptly after the end of each half of a fiscal year, 
     the Director of the Office of Government Ethics shall submit 
     to Congress a report on the declarations and acknowledgements 
     received under subparagraphs (A) and (C) during such half of 
     a fiscal year. The report shall include the following 
     information:
       ``(i) A summary of the information included in the 
     declarations and acknowledgements.
       ``(ii) A summary of the programs, projects, activities, and 
     policies identified in such declarations and acknowledgements 
     as being those on which the persons filing such declarations 
     have performed official duties as described in subparagraph 
     (D), displayed by executive agency in which the persons 
     performed such duties and by the grade of the persons when 
     performing such duties.
       ``(iii) The number of such persons who are employed by 
     contractors, displayed by executive agency in which such 
     persons performed official duties as described in 
     subparagraph (D) and by grade of the persons when performing 
     such duties.
       ``(7) In this subsection:
       ``(A) The term `contractor' includes any division or 
     affiliate of the contractor.
       ``(B) The term `compensation' includes deferred 
     compensation.
       ``(C) The term `procurement policy' means a policy 
     prescribed in the implementation of laws that are implemented 
     through the Federal Acquisition Regulation.
       ``(D) The term `procurement program' means any program, 
     project, or activity for the procurement of property or 
     services to which the Federal Acquisition Regulation applies.
       ``(E) The term `Senior Executive Service position' has the 
     meaning given such term in section 3132(2) of title 5, United 
     States Code.
       ``(F) The term `uniformed services' has the meaning given 
     such term in section 101(a)(5) of title 10, United States 
     Code.''.
       (b) Increased Period of Prohibition for Other Procurement 
     Personnel.--Paragraph (1) of such section 27(d) is amended by 
     striking ``one year'' and inserting ``two years''.
       (c) Effective Date and Applicability.--(1) 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 service in positions in the Federal Government 
     that ends on or after such date.
       (2) In the case of a person who, on the date of the 
     enactment of this Act, is serving in a position in the 
     executive branch referred to in subparagraph (A) of paragraph 
     (6) of section 27(d) of the Office of Federal Procurement 
     Policy Act (as added by subsection (a)), the agreement 
     required by subparagraph (B) of such paragraph shall be 
     executed not later than 30 days after such date.
                                 ______
                                 
  SA 3287. Ms. MIKULSKI (for herself and Mr. Sarbanes) 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 305, in the table preceding line 1, insert before 
     the item relating to Naval Surface Warfare Center, Indian 
     Head, Maryland, the following new item:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                   Presidential              $80,000,000
                                    Helicopter Program
                                    Support Facility,
                                    Naval Air Station,
                                    Patuxent River.
------------------------------------------------------------------------

       On page 305, in the table preceding line 1, strike 
     ``$815,578,000'' in the amount column and insert 
     ``$895,578,000''.
       On page 309, line 11, strike ``$70,000,000'' and insert 
     ``$150,000,000''.
                                 ______
                                 
  SA 3288. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 1055. REDESIGNATION AND MODIFICATION OF AUTHORITIES 
                   RELATING TO INSPECTOR GENERAL OF THE COALITION 
                   PROVISIONAL AUTHORITY.

       (a) Redesignation.--(1) Subsections (b) and (c)(1) of 
     section 3001 of the Emergency Supplemental Appropriations Act 
     for Defense and Reconstruction of Iraq and Afghanistan, 2004 
     (Public Law 108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section 
     8G note) are each amended by striking ``Office of the 
     Inspector General of the Coalition Provisional Authority'' 
     and inserting ``Office of the Special Inspector General for 
     Iraq Reconstruction''.
       (2) Subsection (c)(1) of such section is further amended by 
     striking ``Inspector General of the Coalition Provisional 
     Authority'' and inserting ``Special Inspector General for 
     Iraq Reconstruction (in this section referred to as the 
     `Inspector General')''.
       (3)(A) The heading of such section is amended to read as 
     follows:

     ``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ 
                   RECONSTRUCTION.''.

       (B) The heading of title III of such Act is amended to read 
     as follows:

   ``TITLE III--SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION''.

       (b) Continuation in Office.--The individual serving as the 
     Inspector General of the Coalition Provisional Authority as 
     of the date of the enactment of this Act may continue to 
     serve in that position after that date without reappointment 
     under paragraph (1) of section 3001(c) of the Emergency 
     Supplemental Appropriations Act for Defense and 
     Reconstruction of Iraq and Afghanistan, 2004, but remaining 
     subject to removal as specified in paragraph (4) of that 
     section.
       (c) Purposes.--Subsection (a) of such section is amended--
       (1) in paragraph (1), by striking ``of the Coalition 
     Provisional Authority (CPA)'' and inserting ``funded with 
     amounts appropriated or otherwise made available to the Iraq 
     Relief and Reconstruction Fund'';
       (2) in paragraph (2)(B), by striking ``fraud'' and 
     inserting ``waste, fraud,''; and
       (3) in paragraph (3), by striking ``the head of the 
     Coalition Provisional Authority'' and inserting ``the 
     Secretary of State''.
       (d) Responsibilities of Assistant Inspector General for 
     Auditing.--Subsection (d)(1) of such section is amended by 
     striking ``of the Coalition Provisional Authority'' and 
     inserting ``supported by the Iraq Relief and Reconstruction 
     Fund''.
       (e) Supervision.--Such section is further amended--
       (1) in subsection (e)(1), by striking ``the head of the 
     Coalition Provisional Authority'' and inserting ``the 
     Secretary of State and the Secretary of Defense'';
       (2) in subsection (h)--
       (A) in paragraphs (4)(B) and (5), by striking ``head of the 
     Coalition Provisional Authority'' and inserting ``Secretary 
     of State''; and
       (B) in paragraph (5), by striking ``at the central and 
     field locations of the Coalition Provisional Authority'' and 
     inserting ``at appropriate locations of the Department of 
     State in Iraq'';
       (3) in subsection (j), by striking ``the head of the 
     Coalition Provisional Authority'' each place it appears and 
     inserting ``the Secretary of State''; and
       (4) in subsection (k), by striking ``the head of the 
     Coalition Provisional Authority'' each place it appears and 
     inserting ``the Secretary of State''.
       (f) Duties.--Subsection (f)(1) of such section is amended 
     by striking ``appropriated funds by the Coalition Provisional 
     Authority in Iraq'' and inserting ``amounts appropriated or 
     otherwise made available to the Iraq Relief and 
     Reconstruction Fund''.
       (g) Coordination With Inspector General of Department of 
     State.--Subsection (f) of such section is further amended 
     striking paragraphs (4) and (5) and inserting the following 
     new paragraph (4):
       ``(4) In carrying out the duties, responsibilities, and 
     authorities of the Inspector General under this section, the 
     Inspector General shall coordinate with, and receive the 
     cooperation of, each of the following:
       ``(A) The Inspector General of the Department of Defense.
       ``(B) The Inspector General of the United States Agency for 
     International Development.
       ``(C) The Inspector General of the Department of State.''.
       (h) Reports.--Subsection (i) of such section is amended--
       (1) in paragraph (1)--

[[Page 11616]]

       (A) in the first sentence, by striking ``and every calendar 
     quarter thereafter,'' and all that follows through ``the 
     Coalition Provisional Authority'' and inserting ``again on 
     July 30, 2004, and every year thereafter, the Inspector 
     General shall submit to the appropriate committees of 
     Congress a report summarizing the activities of the Inspector 
     General and the programs and operations funded with amounts 
     appropriated or otherwise made available to the Iraq Relief 
     and Reconstruction Fund'';
       (B) in subparagraph (B), by striking ``the Coalition 
     Provisional Authority'' and inserting ``the Department of 
     Defense, the Department of State, and the United States 
     Agency for International Development, as applicable,'';
       (C) in subparagraph (E), by striking ``appropriated funds'' 
     and inserting ``such amounts''; and
       (D) in subparagraph (F), by striking ``the Coalition 
     Provisional Authority'' and inserting ``the contracting 
     department or agency'';
       (2) in paragraph (2), by striking ``by the Coalition 
     Provisional Authority'' and inserting ``by any department or 
     agency of the United States Government that involves the use 
     of amounts appropriated or otherwise made available to the 
     Iraq Relief and Reconstruction Fund'';
       (3) in paragraph (3), by striking ``June 30, 2004'' and 
     inserting ``July 30, 2004''; and
       (4) in paragraph (4), by striking ``the Coalition 
     Provisional Authority'' and inserting ``the Department of 
     State''.
       (i) Termination.--Subsection (o) of such section is amended 
     to read as follows:
       ``(o) Termination.--The Office of the Inspector General 
     shall terminate on the date that is 10 months after the date, 
     as determined by the Secretary of State, on which 80 percent 
     of the amounts appropriated or otherwise made available to 
     the Iraq Relief and Reconstruction Fund by chapter 2 of title 
     II of this Act have been obligated.''.
                                 ______
                                 
  SA 3289. Mr. KENNEDY 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 39, between lines 7 and 8, insert the following:

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

       (a) Authorization of Appropriation of Additional Amount.--
     The amount authorized to be appropriated under section 301(5) 
     is hereby increased by $10,000,000, which shall be available 
     (in addition to other amounts available under this Act for 
     the same purpose) only for the Department of Defense One 
     Source counseling and referral hotline.
       (b) Offsetting Reduction.--The amount authorized to be 
     appropriated under section 421 is hereby reduced by 
     $10,000,000, to be derived from the amount for military 
     personnel, Air Force.
                                 ______
                                 
  SA 3290. Mr. LAUTENBERG 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 194, after line 22, insert the following:

     SEC. 867. SENSE OF CONGRESS CONCERNING THE APPOINTMENT OF A 
                   SPECIAL COUNSEL TO CONDUCT A FAIR, THOROUGH, 
                   AND INDEPENDENT INVESTIGATION INTO THE 
                   DEPARTMENT OF DEFENSE SOLE SOURCE CONTRACT FOR 
                   THE RECONSTRUCTION OF IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) The effective reconstruction of Iraq and efficient use 
     of taxpayer dollars are best served by competitive, 
     transparent, and accountable contracting practices.
       (2) In March 2003, in highly unusual circumstances, the 
     Army Corps of Engineers awarded a sole source contract to 
     Halliburton for the repair of potential oil infrastructure 
     damage during the war.
       (3) This noncompetitive contract grew in scope and size to 
     $2,500,000,000 until it was competed 10 months later as two 
     successor contracts.
       (4) Recent reports reveal that the award of the no-bid 
     contract to Halliburton before the war was coordinated with 
     the Vice President, that company's former Chief Executive 
     Officer.
       (5) It is in the public interest for Congress to call for 
     the appointment of a special counsel of integrity and 
     stature, with independence from the administration, to 
     conduct an investigation into the coordination of this 
     contract between the Office of the Vice President and the 
     Department of Defense.
       (b) Sense of Congress.--It is the sense of Congress that a 
     special counsel of the highest integrity and stature should 
     be appointed to conduct a fair, independent, and thorough 
     investigation of the circumstances involved in the selection 
     of Halliburton on a sole source basis for the March 2003 
     award of the Army Corps of Engineers contract for the repair 
     of potential oil infrastructure damage in Iraq and the 
     involvement of the Office of the Vice President in the 
     selection of Halliburton for such contract.
                                 ______
                                 
  SA 3291. Mr. LAUTENBERG 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. PROTOCOL ON MEDIA COVERAGE OF RETURN TO UNITED 
                   STATES OF REMAINS OF MEMBERS OF THE ARMED 
                   FORCES KILLED OVERSEAS.

       (a) Protocol Required.--(1) Not later than 60 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall develop a protocol that permits media coverage 
     of the return to the United States of the coffins containing 
     the remains of members of the Armed Forces who are killed 
     overseas.
       (2) The protocol shall ensure the preservation of the 
     dignity of the occasion of the return to the United States of 
     members of the Armed Forces who are killed overseas.
       (3) The protocol shall ensure the preservation of the 
     confidentiality of the identity of each member of the Armed 
     Forces whose remains are returning to the United States.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a copy of the protocol developed under subsection (a).
                                 ______
                                 
  SA 3292. Mr. LEAHY 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, and insert the following:

     SEC. ___. WAR PROFITEERING PREVENTION.

       (a) Prohibition of Profiteering.--Chapter 47 of title 18, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1038. War profiteering and fraud relating to military 
       action, relief, and reconstruction efforts

       ``(a) Prohibition.--
       ``(1) In general.--Whoever, in any matter involving a 
     contract or the provision of goods or services, directly or 
     indirectly, in connection with the war, military action, or 
     relief or reconstruction activities in Iraq, Afghanistan, or 
     any other country in which members of the United States Armed 
     Forces are engaged in any military or combat activities, 
     knowingly and willfully--
       ``(A) executes or attempts to execute a scheme or artifice 
     to defraud the United States or Iraq, Afghanistan, or such 
     other country;
       ``(B) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(C) makes any materially false, fictitious, or fraudulent 
     statements or representations, or makes or uses any 
     materially false writing or document knowing the same to 
     contain any materially false, fictitious, or fraudulent 
     statement or entry; or
       ``(D) materially overvalues any good or service with the 
     specific intent to excessively profit from the war, military 
     action, or relief or reconstruction activities in Iraq, 
     Afghanistan, or such other country,

     shall be fined under paragraph (2), imprisoned not more than 
     20 years, or both.
       ``(2) Fine.--A person convicted of an offense under 
     paragraph (1) may be fined the greater of--
       ``(A) $1,000,000; or
       ``(B) if such person derives profits or other proceeds from 
     the offense, not more than twice the gross profits or other 
     proceeds.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) in accordance with chapter 211;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.

[[Page 11617]]

       (b) Table of Sections.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following:

``1038. War profiteering and fraud relating to military action, relief, 
              and reconstruction efforts.''
       (c) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, 
     United States Code, is amended by inserting ``1038,'' after 
     ``1032,''.
       (d) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1038''.
       (e) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting ``section 1038 
     (relating to war profiteering and fraud relating to military 
     action, relief, and reconstruction efforts),'' after 
     ``liquidating agent of financial institution),''.
                                 ______
                                 
  SA 3293. Mr. CHAMBLISS 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 247, between lines 13 and 14, insert the following:

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

       (a) Requirement for Analysis.--Not later than February 1, 
     2005, the Comptroller General shall submit to Congress an 
     analysis of the potential for use of transitional benefit 
     corporations in connection with competitive sourcing of the 
     performance of activities and functions of the Department of 
     Defense.
       (b) Specific Issues.--The analysis under this section 
     shall--
       (1) address the capabilities of transitional benefit 
     corporations--
       (A) to preserve human capital and surge capability;
       (B) to promote economic development and job creation;
       (C) to generate cost savings; and
       (D) to generate efficiencies that are comparable to or 
     exceed the efficiencies that result from competitive sourcing 
     carried out by the Department of Defense under the procedures 
     applicable to competitive sourcing by the Department of 
     Defense; and
       (2) identify areas within the Department of Defense in 
     which transitional benefit corporations could be used to add 
     value, reduce costs, and provide opportunities for beneficial 
     use of employees and other resources that are displaced by 
     competitive sourcing of the performance of activities and 
     functions of the Department of Defense.
       (d) Transitional Benefit Corporation Defined.--In this 
     section, the term ``transitional benefit corporation'' means 
     a corporation that facilitates the transfer of designated 
     (usually underutilized) real estate, equipment, intellectual 
     property, or other assets of the United States to the private 
     sector in a process that enables employees of the United 
     States in positions associated with the use of such assets to 
     retain eligibility for Federal employee benefits and to 
     continue to accrue those benefits.
                                 ______
                                 
  SA 3294. Mr. CHAMBLISS 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 163, between lines 19 and 20, insert the following:
       ``(c) Inapplicability to Contracts for Certain Services.--
     This section does not apply to procurements of the following 
     services:
       ``(1) Printing, binding, or blank-book work to which 
     section 502 of title 44 applies.
       ``(2) Services available under the FEDLINK program pursuant 
     to section 103 of the Library of Congress Fiscal Operations 
     Improvement Act of 2000 (Public Law 106-481; 114 Stat. 2187; 
     2 U.S.C. 182c).
                                 ______
                                 
  SA 3295. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 1068. AERIAL FIREFIGHTING EQUIPMENT.

       (a) Findings.--Congress makes the following findings:
       (1) The National Interagency Fire Center does not possess 
     an adequate number of aircraft for use in aerial firefighting 
     and personnel at the Center rely on military aircraft to 
     provide such firefighting services.
       (2) It is in the national security interest of the United 
     States for the National Interagency Fire Center to purchase 
     aircraft for use in aerial firefighting so that military 
     aircraft used for aerial firefighting may be available for 
     use by the Armed Forces.
       (b) Authority To Purchase Aerial Firefighting Equipment.--
     (1) The Secretary of Agriculture is authorized to purchase 10 
     aircraft, as described in paragraph (2), for the National 
     Interagency Fire Center for use in aerial firefighting.
       (2) The aircraft referred to in paragraph (1) shall be--
       (A) aircraft that are specifically designed and built for 
     aerial firefighting;
       (B) certified by the Administrator of the Federal Aviation 
     Administration for use in aerial firefighting; and
       (C) manufactured in a manner that is consistent with the 
     recommendations for aircraft used in aerial firefighting 
     contained in--
       (i) the Blue Ribbon Panel Report to the Chief of the Forest 
     Service and the Director of the Bureau of Land Management 
     dated December 2002; and
       (ii) the Safety Recommendation of the Chairman of the 
     National Transportation Safety Board related to aircraft used 
     in aerial firefighting dated April 23, 2004.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Agriculture for fiscal 
     year 2005 such funds as may be necessary to purchase the 10 
     aircraft described in subsection (b).
                                 ______
                                 
  SA 3296. Mr. SARBANES 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. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS 
                   ASSOCIATION, INCORPORATED.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended--
       (1) by striking the following:

                   ``CHAPTER 1201--[RESERVED]''; and

       (2) by inserting the following:

     ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.

     ``Sec. 120101. Organization

       ``(a) Federal Charter.--Korean War Veterans Association, 
     Incorporated (in this chapter, the `corporation'), 
     incorporated in the State of New York, is a federally 
     chartered corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with the provisions of this chapter, the charter 
     granted by subsection (a) expires.

     ``Sec. 120102. Purposes

       ``The purposes of the corporation are as provided in its 
     articles of incorporation and include--
       ``(1) organizing, promoting, and maintaining for benevolent 
     and charitable purposes an association of persons who have 
     seen honorable service in the Armed Forces during the Korean 
     War, and of certain other persons;
       ``(2) providing a means of contact and communication among 
     members of the corporation;
       ``(3) promoting the establishment of, and establishing, war 
     and other memorials commemorative of persons who served in 
     the Armed Forces during the Korean War; and
       ``(4) aiding needy members of the corporation, their wives 
     and children, and the widows and children of persons who were 
     members of the corporation at the time of their death.

     ``Sec. 120103. Membership

       ``Eligibility for membership in the corporation, and the 
     rights and privileges of

[[Page 11618]]

     members of the corporation, are as provided in the bylaws of 
     the corporation.

     ``Sec. 120104. Governing body

       ``(a) Board of Directors.--The board of directors of the 
     corporation, and the responsibilities of the board of 
     directors, are as provided in the articles of incorporation 
     of the corporation.
       ``(b) Officers.--The officers of the corporation, and the 
     election of the officers of the corporation, are as provided 
     in the articles of incorporation.

     ``Sec. 120105. Powers

       ``The corporation has only the powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 120106. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Political Activities.--The corporation, or a director 
     or officer of the corporation as such, may not contribute to, 
     support, or participate in any political activity or in any 
     manner attempt to influence legislation.
       ``(c) Loan.--The corporation may not make a loan to a 
     director, officer, or employee of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval, or the 
     authority of the United States, for any of its activities.

     ``Sec. 120107. Duty to maintain corporate and tax-exempt 
       status

       ``(a) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     State of New York.
       ``(b) Tax-Exempt Status.--The corporation shall maintain 
     its status as an organization exempt from taxation under the 
     Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

     ``Sec. 120108. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of its members, board of 
     directors, and committees having any of the authority of its 
     board of directors; and
       ``(3) at its principal office, a record of the names and 
     addresses of its members entitled to vote on matters relating 
     to the corporation.
       ``(b) Inspection.--A member entitled to vote on matters 
     relating to the corporation, or an agent or attorney of the 
     member, may inspect the records of the corporation for any 
     proper purpose, at any reasonable time.

     ``Sec. 120109. Service of process

       ``The corporation shall have a designated agent in the 
     District of Columbia to receive service of process for the 
     corporation. Notice to or service on the agent is notice to 
     or service on the Corporation.

     ``Sec. 120110. Liability for acts of officers and agents

       ``The corporation is liable for the acts of its officers 
     and agents acting within the scope of their authority.

     ``Sec. 120111. Annual report

       ``The corporation shall submit an annual report to Congress 
     on the activities of the corporation during the preceding 
     fiscal year. The report shall be submitted at the same time 
     as the report of the audit required by section 10101 of this 
     title. The report may not be printed as a public document.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 36, United States Code, is 
     amended by striking the item relating to chapter 1201 and 
     inserting the following new item:

``1201. Korean War Veterans Association, Incorporated.....120101''.....

                                 ______
                                 
  SA 3297. Mr. REID 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 D of title VI, add the following:

     SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED 
                   PAY AND VETERANS' DISABILITY COMPENSATION FOR 
                   VETERANS WITH SERVICE-CONNECTED DISABILITIES 
                   RATED AS TOTAL.

       Section 1414 of title 10, United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) by inserting after the first sentence the following new 
     sentence: ``During the period beginning on January 1, 2004, 
     and ending on December 31, 2004, payment of retired pay to 
     such a qualified retiree described in subsection (c)(1)(A) is 
     subject to subsection (c).''; and
       (B) in the last sentence, by inserting ``(other than a 
     qualified retiree covered by the preceding sentence)'' after 
     ``such a qualified retiree''; and
       (2) in subsection (c)--
       (A) by redesignating paragraph (11) as paragraph (12); and
       (B) by inserting after paragraph (10) the following new 
     paragraph (11):
       ``(11) Inapplicability to veterans with total disabilities 
     after calendar year 2004.--This subsection shall not apply to 
     a qualified retiree described by paragraph (1)(A) after 
     calendar year 2004.''.
                                 ______
                                 
  SA 3298. Mr. REID 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 305, in the table preceding line 1, insert before 
     the item relating to Naval Air Station, Fallon, Nevada, the 
     following:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                   Indian Springs Air         $8,000,000
                                    Force Auxiliary
                                    Field.
------------------------------------------------------------------------

       On page 305, in the table preceding line 1, strike the 
     amount identified as the total in the amount column and 
     insert ``$823,578,000''.

       On page 307, line 8, strike ``$1,825,576,000'' and insert 
     ``$1,833,576,000''.

       On page 307, line 11, strike ``$676,198,000'' and insert 
     ``$684,198,000''.
                                 s_____
                                 
  SA 3299. Mr. REID 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 D of title VI, add the following:

     SEC. 642. EXTENSION OF PHASED-IN CONCURRENT PAYMENT OF 
                   RETIRED PAY AND VETERANS' DISABILITY 
                   COMPENSATION TO MILITARY RETIREES WITH SERVICE-
                   CONNECTED DISABILITIES RATED AS 40 PERCENT.

       (a) Extension.--Section 1414 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)(2), by striking ``50 percent'' and 
     inserting ``40 percent''; and
       (2) in subsection (c)(1), by adding at the end the 
     following new subparagraph:
       ``(G) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 40 percent, 
     $__.''.
       (b) Conforming and Clerical Amendments.--(1) The heading of 
     such section is amended by striking ``50 percent'' and 
     inserting ``40 percent.
       (2) The table of sections at the beginning of chapter 71 of 
     such title is amended in the item relating to section 1414 by 
     striking ``50 percent'' and inserting ``40 percent''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect as of January 1, 2005, and shall apply to 
     payments for months beginning on or after that date.
       (2) Construction of certain amendment.--The addition of 
     subparagraph (G) to paragraph (1) of section 1414(c) of title 
     10, United States Code, by reason of the amendment made by 
     subsection (a)(2) shall not be treated as entitling a 
     military retiree described by such subparagraph to concurrent 
     receipt of retired pay and veterans' disability compensation 
     under such paragraph during calendar year 2004, but is added 
     to facilitate the calculation of the amount of concurrent 
     receipt of such pay and compensation to which such a military 
     retiree shall be entitled under such section during calendar 
     years 2005 through 2013.

     SEC. 643. COORDINATION OF ELIGIBILITY UNDER COMBAT-RELATED 
                   SPECIAL COMPENSATION AUTHORITY AND DISABLED 
                   MILITARY RETIREE COMPENSATION AUTHORITY FOR 
                   CHAPTER 61 DISABILITY RETIREES.

       (a) Coordination of Eligibility.--Paragraph (3) of 
     subsection (b) of section 1413a of title 10, United States 
     Code, is amended to read as follows:
       ``(3) Special rules for chapter 61 disability retirees.--
       ``(A) Career retirees.--In the case of an eligible combat-
     related disabled uniformed services retiree who is retired 
     under chapter 61 of this title with 20 or more years of 
     service otherwise creditable under section 1405 of this 
     title, or at least 20 years of service computed under section 
     12732 of this title, the amount of the payment under 
     paragraph (1) for any month shall be reduced by the amount 
     (if any) by which the amount of the member's retired pay 
     under chapter 61 of this title exceeds the amount of retired 
     pay to which the member would have been entitled based upon 
     the member's service in the

[[Page 11619]]

     uniformed services if the member had not been retired under 
     chapter 61 of this title.
       ``(B) Disability retirees with less than 20 years of 
     service.--Paragraph (1) does not apply to a member retired 
     under chapter 61 of this title with less than 20 years of 
     service otherwise creditable under section 1405 of this 
     title, or with less than 20 years of service computed under 
     section 12732 of this title, at the time of the member's 
     retirement.''.
       (b) Conforming Amendment.--Subsection (c) of section 1413a 
     is amended by striking ``is a member of the uniformed 
     services entitled to retired pay'' and all that follows and 
     inserting ``is a member of the uniformed services (other than 
     a member described by subsection (b)(3)(B)) entitled to 
     retired pay who has a combat-related disability.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as of January 1, 2005, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 3300. Mr. GRAHAM of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2400, to authorize appropriations for 
fiscal year 2005 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Services, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1068. AMENDMENTS TO HAITIAN REFUGEE IMMIGRATION FAIRNESS 
                   ACT OF 1998.

       (a) Ground for Inadmissibility for Document Fraud Does Not 
     Apply.--Section 902 of the Haitian Refugee Immigration 
     Fairness Act of 1998 (8 U.S.C. 1255 note) is amended in 
     subsections (a)(1)(B) and (d)(1)(D) by inserting 
     ``(6)(C)(i),'' after ``(6)(A),''.
       (b) Determination With Respect to Children.--Section 902(d) 
     of such Act (8 U.S.C. 1255 note) is amended by adding at the 
     end the following:
       ``(3) Determinations with respect to children.--
       ``(A) Use of application filing date.--Determinations made 
     under this subsection as to whether an alien is a child of a 
     parent shall be made using the age and status of the alien on 
     the date of enactment of this section.
       ``(B) Application submission by parent.--Notwithstanding 
     paragraph (1)(C), an application filed under this subsection 
     based on an alien's status as a child may be filed for the 
     benefit of such child by a parent or guardian of the child, 
     if the child is physically present in the United States on 
     such filing date.''.
       (c) New Applications and Motions to Reopen.--
       (1) New applications.--Notwithstanding section 902(a)(1)(A) 
     of the Haitian Refugee Immigration Fairness Act of 1998 (8 
     U.S.C. 1255 note), an alien who is eligible for adjustment of 
     status under that Act, as amended by subsections (a) and (b), 
     may submit an application for adjustment of status under that 
     Act not later than the later of--
       (A) 2 years after the date of enactment of this Act; or
       (B) 1 year after the date on which final regulations 
     implementing this Act are promulgated.
       (2) Motions to reopen.--The Secretary of Homeland Security 
     shall establish procedures for the reopening and 
     reconsideration of applications for adjustment of status 
     under the Haitian Refugee Immigration Fairness Act of 1998 (8 
     U.S.C. 1255 note) that are affected by the amendments made by 
     subsections (a) and (b).
       (3) Relationship of application to certain orders.--Section 
     902(a)(3) of the Haitian Refugee Immigration Fairness Act of 
     1998 (8 U.S.C. 1255 note) shall apply to an alien present in 
     the United States who has been ordered excluded, deported, 
     removed, or ordered to depart voluntarily, and who files an 
     application under paragraph (1) or a motion under paragraph 
     (2), in the same manner as such section 902(a)(3) applied to 
     aliens who filed applications for adjustment of status under 
     that Act before April 1, 2000.
                                 ______
                                 
  SA 3301. Mr. NELSON of Nebraska (for himself and Ms. Collins) 
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 30, between lines 14 and 15, insert the following:

     SEC. 217. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE 
                   COMPETITIVE RESEARCH.

       Of the amounts authorized to be appropriated for fiscal 
     year 2005 by section 201(4) for research, development, test, 
     and evaluation for Defense-wide activities, $25,000,000 shall 
     be made available for Program Element 0601114D8Z for the 
     Defense Experimental Program to Stimulate Competitive 
     Research.
                                 ______
                                 
  SA 3302. Mr. CORZINE 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. INCREASE IN MAXIMUM AMOUNT OF VETERANS HOME LOAN 
                   GUARANTY FOR CONSTRUCTION AND PURCHASE OF HOMES 
                   AND ANNUAL INDEXING OF AMOUNT.

       (a) Maximum Loan Guaranty Based on 100 Percent of Freddie 
     Mac Conforming Loan Rate.--Section 3703(a)(1) of title 38, 
     United States Code, is amended by striking ``$60,000'' each 
     place it appears in subparagraphs (A)(i)(IV) and (B) and 
     inserting ``the maximum guaranty amount (as defined in 
     subparagraph (C))''.
       (b) Definition.--Such section is further amended by adding 
     at the end the following new subparagraph:
       ``(C) In this paragraph, the term `maximum guaranty amount' 
     means the dollar amount that is equal to 25 percent of the 
     Freddie Mac conforming loan limit limitation determined under 
     section 305(a)(2) of the Federal Home Loan Mortgage 
     Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family 
     residence, as adjusted for the year involved.''.
                                 ______
                                 
  SA 3303. Mr. CORZINE 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 130, between lines 9 and 10, insert the following:

     SEC. 642. REDUCTION IN AGE FOR RECEIPT OF MILITARY RETIRED 
                   PAY FOR NONREGULAR SERVICE.

       (a) Reduction in Age.--Section 12731(a)(1) of title 10, 
     United States Code, is amended by striking ``at least 60 
     years of age'' and inserting ``at least 55 years of age''.
       (b) Application to Existing Provisions of Law or Policy.--
     With respect to any provision of law, or of any policy, 
     regulation, or directive of the executive branch, that refers 
     to a member or former member of the uniformed services as 
     being eligible for, or entitled to, retired pay under chapter 
     1223 of title 10, United States Code, but for the fact that 
     the member or former member is under 60 years of age, such 
     provision shall be carried out with respect to that member or 
     former member by substituting for the reference to being 60 
     years of age a reference to the age in effect for 
     qualification for such retired pay under section 12731(a) of 
     title 10, United States Code, as amended by subsection (a).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first month 
     beginning on or after the date of the enactment of this Act 
     and shall apply to retired pay payable for that month and 
     subsequent months.
                                 ______
                                 
  SA 3304. Mr. CORZINE 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 F of title X, insert the following:

     SEC. 1055. PROMOTING SOVEREIGNTY AND SELF-GOVERNANCE IN IRAQ.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Government of the United States should seek to encourage 
     the Government of Iraq to exercise the roles and 
     responsibilities of full sovereign authority in Iraq on the 
     earliest possible date.
       (b) Reports to Congress.--(1) Not later than 30 days after 
     the date of the enactment of this Act, and not less often 
     than once during each 90-day period thereafter until the 
     President submits the certification described in paragraph 
     (3), the President shall submit to Congress a report on the 
     responsibilities and activities of the United States policy 
     advisors in Iraq, the role of the United Nations in Iraq, and 
     the progress of the authorities in

[[Page 11620]]

     Iraq in exercising the roles and responsibilities of full 
     sovereign authority.
       (2) The reports required by paragraph (1) shall include a 
     description of the following:
       (A) The responsibilities of United States policy advisors 
     in Iraq, including the name of any state institutions of Iraq 
     with which such advisors are working.
       (B) Any law, directive, policy, regulation, rule, or 
     international agreement prepared by a United States policy 
     advisor and submitted to a state institution of Iraq or an 
     official of such institution.
       (C) Any action taken by a United States policy advisor to 
     identify or select individuals in Iraq to lead or serve in 
     state institutions of Iraq or to increase the effectiveness 
     and capacity of such individuals or institutions.
       (D) The role of United Nations officials in Iraq with 
     regard to--
       (i) any law, directive, policy, regulation, rule, or 
     international agreement; or
       (ii) any identification or selection of individuals in Iraq 
     to lead or serve in state institutions of Iraq or to increase 
     the effectiveness and capacity of such individuals or 
     institutions.
       (E) Progress made by officials of the Government of Iraq in 
     exercising the roles and responsibilities of full sovereign 
     authority, including progress made in taking full 
     responsibility for--
       (i) formulating, promulgating, and implementing the laws, 
     directives, policies, regulations, rules or international 
     agreements for the governance of Iraq; and
       (ii) identifying and selecting the leadership and staff of 
     the state institutions of Iraq.
       (3) The certification referred to in paragraph (1) is a 
     certification submitted to Congress by the President that a 
     democratically elected Government of Iraq has assumed power 
     pursuant to a permanent constitution.
       (4) The reports required by paragraph (1) shall be 
     submitted in an unclassified form and may include a 
     classified annex, if such an annex is necessary to protect 
     the national security of the United States.
       (5) In this subsection:
       (A) The term ``law, directive, policy, regulation, rule, or 
     international agreement'' includes any law, directive, 
     policy, regulation, rule, or international agreement related 
     to--
       (i) the budget of the Government of Iraq, including any 
     revenue and expenditure of such Government, the disposition 
     of any asset held by the Development Fund for Iraq 
     established by United Nations Security Council Resolution 
     1483 (2003) or any successor fund, and any contract or 
     procurement made by the Government of Iraq;
       (ii) elections, political parties, or the media in Iraq, or 
     the exercise of civil liberties by the people of Iraq;
       (iii) the constitution of Iraq or the establishment of the 
     legislature, executive, and judiciary, including related 
     judicial procedures, of the Government of Iraq; or
       (iv) the police, security, or military forces of Iraq.
       (B) The term ``state institution of Iraq'' includes--
       (i) any agency, department, ministry, office, or other 
     entity controlled by the executive branch of the Government 
     of Iraq;
       (ii) the police, security, or military forces of Iraq;
       (iii) a company or enterprise owned or operated by the 
     Government of Iraq;
       (iv) any entity controlled by the legislative or judicial 
     branch of the Government of Iraq;
       (v) any election commission or other entity responsible for 
     the regulation of elections or political parties in Iraq; and
       (vi) any convention or committee responsible for the 
     drafting of the constitution of Iraq.
       (C) The term ``United States policy advisor'' means an 
     individual who is engaged in formulating and recommending 
     policies that will be carried out by a state institution of 
     Iraq, or who will be involved in identifying or selecting 
     leadership or staff of a state institution of Iraq and who--
       (i) is employed by the Government of the United States; or
       (ii) has entered into a contract to provide assistance to a 
     state institution of Iraq with the Government of the United 
     States or an organization or company which has received 
     funding from the Government of the United States.
       (c) Publication of the Official Gazette.--(1) The Secretary 
     of State shall work with the appropriate officials of the 
     Government of Iraq to help ensure that--
       (A) the publication of the official gazette begins 
     immediately after the date on which the United States 
     transfers political sovereignty in Iraq from the Coalition 
     Provisional Authority to the Government of Iraq;
       (B) the content of each official gazette that is published 
     is--
       (i) disseminated to the broadest possible audience; and
       (ii) made available to the public by posting such content 
     on an Internet website maintained by the Government of Iraq; 
     and
       (C) the official gazette is published and the content 
     posted on the website described in subparagraph (B) on a 
     regular basis.
       (2) The Secretary of State shall maintain on the Internet 
     website of the Department of State an English language 
     translation of each official gazette that is published.
       (3) The term ``official gazette'' means the official 
     gazette referred to in Article 30(B) of the Law of 
     Administration for the State of Iraq for the Transitional 
     Period of March 8, 2004, or similarly designated in any 
     subsequent applicable law or regulation.
                                 ______
                                 
  SA 3305. Mr. WYDEN (for himself and Mr. Dorgan) 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 194, after line 22, insert the following:

     SEC. 867. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS 
                   CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL 
                   FUNCTIONS.

       (a) Limitation.--(1) Chapter 141 of title 10, United States 
     Code, is amended by inserting after section 2382 the 
     following new section:

     ``Sec. 2383. Contractor performance of acquisition functions 
       closely associated with inherently governmental functions

       ``(a) Limitation.--The head of an agency may enter a 
     contract for the performance of acquisition functions closely 
     associated with inherently governmental functions only if the 
     Secretary determines that--
       ``(1) appropriate military or civilian personnel of the 
     Department of Defense cannot reasonably be made available to 
     perform the functions;
       ``(2) appropriate military or civilian personnel of the 
     Department of Defense are--
       ``(A) to supervise contractor performance of the contract; 
     and
       ``(B) to perform all inherently governmental functions 
     associated with the functions to be performed under the 
     contract; and
       ``(3) the contractor does not have an organizational 
     conflict of interest or the appearance of an organizational 
     conflict of interest in the performance of the functions 
     under the contract.
       ``(b) Definitions.--In this section:
       ``(1) The term `head of an agency' has the meaning given 
     such term in section 2302(1) of this title, except that such 
     term does not include the Secretary of Homeland Security or 
     the Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) The term `inherently governmental functions' has the 
     meaning given such term in subpart 7.5 of part 7 of the 
     Federal Acquisition Regulation.
       ``(3) The term `functions closely associated with 
     inherently governmental functions' means the functions 
     described in section 7.503(d) of the Federal Acquisition 
     Regulation.
       ``(4) The term `organizational conflict of interest' has 
     the meaning given such term in subpart 9.5 of part 9 of the 
     Federal Acquisition Regulation.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2382 the following new item:

``2383. Contractor performance of acquisition functions closely 
              associated with inherently governmental functions.''.

       (b) Effective Date and Applicability.--Section 2383 of 
     title 10, United States Code (as added by subsection (a)), 
     shall take effect on the date of enactment of this Act and 
     shall apply to--
       (1) contracts entered into on or after such date;
       (2) any task or delivery order issued on or after such date 
     under a contract entered into before, on, or after such date; 
     and
       (3) any decision on or after such date to exercise an 
     option or otherwise extend a contract for program management 
     or oversight of contracts for the reconstruction of Iraq, 
     regardless of whether such program management or oversight 
     contract was entered into before, on, or after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3306. Mr. WYDEN (for himself and Mr. Dorgan) 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 195, between lines 10 and 11, insert the following:

     SEC. 868. REQUIREMENTS AND LIMITATIONS ON OVERSIGHT CONTRACTS 
                   RELATING TO IRAQ.

       (a) Non-Renewability of Current Oversight Contracts.--The 
     Secretary of Defense

[[Page 11621]]

     may not renew or extend any oversight contract entered into 
     by the Coalition Provisional Authority (CPA), or any 
     successor entity, after the initial expiration of such 
     contract, notwithstanding any term or provision of such 
     contract to the contrary.
       (b) Prohibition on Future Entry Into Oversight Contracts.--
     (1) It is the policy of the United States Government that the 
     oversight of contractors of the United States Government is 
     an inherently governmental function.
       (2) The Secretary may not, after the date of the enactment 
     of this Act--
       (A) enter into an oversight contract with respect to Iraq 
     reconstruction, repair, or maintenance contracts; or
       (B) enter into any contract or arrangement similar to an 
     oversight contract with respect to any reconstruction, 
     repair, or maintenance contract of the Department of Defense 
     in any other location.
       (c) Oversight by Inspector General of Coalition Provisional 
     Authority.--(1) Subsection (e)(1) of section 3001 of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note) is 
     amended by striking ``the head of the Coalition Provisional 
     Authority'' and inserting ``the Secretary of Defense, acting 
     through the United States Chief of Mission in Iraq''.
       (2) Such section is further amended--
       (A) in subsection (j)--
       (i) in paragraph (1), by striking ``the head of the 
     Coalition Provisional Authority'' and inserting ``the United 
     States Chief of Mission in Iraq who shall transmit the report 
     to the Secretary of Defense'';
       (ii) in paragraph (2), by striking ``the head of the 
     Coalition Provisional Authority'' each place it appears and 
     inserting ``the Secretary''; and
       (B) Subsection (k)--
       (i) in paragraph (1), by striking ``the head of the 
     Coalition Provisional Authority'' and inserting ``the 
     Secretary of Defense''; and
       (ii) in paragraph (2), by striking ``the head of the 
     Coalition Provisional Authority'' and inserting ``the 
     Secretary''.
       (3) Such section is further amended--
       (A) by redesignating subsections (m) and (n) as subsections 
     (n) and (o), respectively; and
       (B) by inserting after subsection (l) the following new 
     subsection (m):
       ``(m) Expiration.--The Office of the Inspector General of 
     the Coalition Provisional Authority shall terminate 90 days 
     after the date, as determined by the Secretary of Defense, on 
     which all contracts of the Coalition Provisional Authority, 
     or any successor entity, for the reconstruction of Iraq have 
     expired.''.
       (4) The amendments made by this subsection shall take 
     effect on the later of--
       (A) June 30, 2004; or
       (B) the date of the enactment of this Act.
       (d) Definitions.--In this section:
       (1) The term ``oversight contract'' means a contract 
     between the Coalition Provisional Authority, or any successor 
     entity, and a non-governmental entity pursuant to which the 
     non-governmental entity provides, through personnel of the 
     non-governmental entity, dedicated program management and 
     coordination support activities (including oversight, 
     evaluation, and coordination of the performance of contracts 
     by non-governmental entities) with respect to Iraq 
     reconstruction, repair, or maintenance contracts, including 
     but not limited to contracts as follows:
       (A) The contract awarded to AECOM, in the amount of 
     $21,610,501 to provide support to manage the activities of 
     the 6 sector program offices and report to the Coalition 
     Provisional Authority Program Management Office.
       (B) The contract awarded on March 10, 2004, to CH2M Hill/
     Parsons in the amount of $28,494,672 to provide dedicated 
     support to the Public Works and Water Sector Program 
     Management Office under the Coalition Provisional Authority 
     Program Management Office.
       (C) The contract awarded on March 10, 2004, to Berger/URS 
     in the amount of $8,458,350 to provide dedicated support to 
     the Transportation/Communication Sector Program Management 
     Office under the Coalition Provisional Authority Program 
     Management Office.
       (D) The contract awarded on March 10, 2004, to Berger/URS 
     in the amount of $8,458,350 to provide dedicated support to 
     the Security/Justice Sector Program Management Office under 
     the Coalition Provisional Authority Program Management 
     Office.
       (E) The contract awarded on March 10, 2004, to Berger/URS 
     in the amount of $10,754,664 to provide dedicated support to 
     the Buildings/Education/Health Sector Program Management 
     Office under the Coalition Provisional Authority Program 
     Management Office.
       (F) The contract awarded on March 10, 2004, to Iraq Power 
     Alliance Joint Venture in the amount of $43,361,340 to 
     provide dedicated support to the Electrical Services Sector 
     Program Management Office under the Coalition Provisional 
     Authority Program Management.
       (G) The contract awarded on March 10, 2004, to Foster 
     Wheeler, in the amount of $8,416,985 to provide dedicated 
     support to the Oil Sector Program Management Office under the 
     Coalition Provisional Authority Program Management Office.
       (2) The term ``Iraq reconstruction, repair, or maintenance 
     contracts'' means contracts or other agreements entered into 
     with public or private entities for reconstruction, repair, 
     or maintenance activities in or related to Iraq.
                                 ______
                                 
  SA 3307. Mr. REID 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 F of title X, insert the following:

     SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF WAR.

       Any plan of the Secretary of Defense to provide 
     compensation to an individual who was injured in a military 
     prison under the control of the United States in Iraq shall 
     include a provision to address the injuries suffered by the 
     17 citizens of the United States who were held as prisoners 
     of war by the regime of Saddam Hussein during the First Gulf 
     War.
                                 ______
                                 
  SA 3308. Mr. BAYH 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 C of title X, add the following:

     SEC. 1022. REPORT ON MILITARY AND SECURITY END STATE IN IRAQ.

       (a) Report Required.--(1) Not later than March 31, 2005, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the military and security end 
     state in Iraq.
       (2) The report shall be prepared in consultation with the 
     Chairman of the Joint Chiefs of Staff, the Commander of the 
     United States Central Command, and such other officials as 
     the Secretary considers appropriate.
       (b) Content.--The report shall include the following:
       (1) A description of the desired United States military and 
     security end state in Iraq, including minimal and desirable 
     levels of policing and border control capabilities of Iraqis 
     in Iraq, the counterinsurgency capabilities of Iraq security 
     forces, the role and place of militias and other ethnic-
     based, tribal-based, or communal-based armed groups in Iraq 
     in maintaining national cohesion in Iraq, and the level of 
     politically-inspired violence in Iraq in such an end state.
       (2) A description of a series of event-driven milestones to 
     evaluate progress toward the end state described in paragraph 
     (1).
       (3) An outline of objective and subjective metrics to 
     support the milestones described in paragraph (2).
       (4) An estimate of the number of United States and 
     coalition military forces and the level of funding necessary 
     to achieve the end state described in paragraph (1).
       (5) An explanation of the key assumptions underlying the 
     estimate described in paragraph (4).
       (6) A presentation of at least two alternative scenarios 
     for the assessments made in paragraphs (4) and (5).
       (c) Form of Report.--The report shall be submitted in 
     unclassified form, but may include a classified annex.
                                 ______
                                 
  SA 3309. Mr. DODD (for himself and Mr. DeWine) 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, insert the following:

                 DIVISION D--ASSISTANCE TO FIREFIGHTERS

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Assistance to 
     Firefighters Act of 2004''.

     SEC. 4002. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR 
                   FIREFIGHTER ASSISTANCE PROGRAM.

       (a) In General.--Subsection (b)(1) of section 33 of the 
     Federal Fire Prevention and

[[Page 11622]]

     Control Act of 1974 (15 U.S.C. 2229) is amended by striking 
     ``Director'' in the matter preceding subparagraph (A) and 
     inserting ``Secretary of Homeland Security, in consultation 
     with the Administrator,''.
       (b) Conforming Amendment.--Such section is further amended 
     by striking ``Director'' each place it appears and inserting 
     ``Secretary of Homeland Security''.
       (c) Technical Amendment.--The heading of subsection (b)(8) 
     of such section is amended by striking ``Director'' and 
     inserting ``Secretary''.

     SEC. 4003. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE 
                   ORGANIZATIONS.

       (a) Authority To Award Grants to Volunteer Emergency 
     Medical Service Squads.--Paragraph (1)(A) of section 33(b) of 
     the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229(b)) is amended by inserting ``or to volunteer 
     emergency medical service organizations'' after ``fire 
     departments''.
       (b) Use of Grant Funds.--Paragraph (3)(F) of such section 
     is amended by inserting ``or volunteer emergency medical 
     service organizations that are not affiliated with a for-
     profit entity'' after ``fire departments''.
       (c) Special Rule for Applications for Volunteer Emergency 
     Medical Services.--Paragraph (5) of such section is amended 
     by adding at the end, the following new subparagraph:
       ``(C) Special rule for volunteer emergency medical 
     services.--The Secretary of Homeland Security shall permit an 
     applicant seeking grant funds for volunteer emergency medical 
     services under paragraph (3)(F) to use the same application 
     form to seek grant funds for one or more of the other 
     purposes set out in subparagraphs (A) through (O) of 
     paragraph (3).''.

     SEC. 4004. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR 
                   DEVICES.

       Paragraph (3) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is 
     amended by adding at the end the following new subparagraph:
       ``(O) To obtain automated external defibrillator 
     devices.''.

     SEC. 4005. CRITERIA FOR REVIEWING GRANT APPLICATIONS.

       Paragraph (2) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is 
     amended to read as follows:
       ``(2) Criteria and review of applications.--
       ``(A) Preliminary review criteria.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     establish specific criteria for the preliminary review of an 
     application submitted under this section. If an application 
     does not meet such criteria, the application may not receive 
     further consideration for a grant under this section.
       ``(ii) Annual review of criteria.--Not less often than once 
     each year, the Secretary of Homeland Security, in 
     consultation with the Administrator, shall convene a meeting 
     of individuals who are members of a fire service and are 
     recognized for expertise in firefighting or in emergency 
     medical services provided by fire services, and who are not 
     employees of the Federal Government for the purpose of 
     reviewing and proposing changes to the criteria established 
     under clause (i).
       ``(B) Selection through review by experts.--
       ``(i) Requirement for review.--The Secretary of Homeland 
     Security shall award grants under this section based on the 
     review of applications for such grants by a panel of fire 
     service personnel appointed by a national organization 
     recognized for expertise in the operation and administration 
     of fire services.
       ``(ii) Role of the secretary.--The Secretary of Homeland 
     Security shall provide for the administration of the review 
     panel described in clause (i) and shall ensure that an 
     individual appointed to such panel is a recognized expert in 
     firefighting, medical services provided by fire services, 
     fire prevention, or research on firefighter safety.''.

     SEC. 4006. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY 
                   PROGRAMS.

       (a) Authority.--Paragraph (1)(B) of section 33(b) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(b)) is amended by inserting ``and firefighter safety'' 
     after ``prevention''.
       (b) Expansion of Existing Program.--
       (1) Firefighter safety assistance.--Paragraph (4) of such 
     section is amended--
       (A) in subparagraph (A)(ii), by striking ``organizations 
     that are recognized'' and all that follows and inserting 
     ``organizations eligible under subparagraph (B) for the 
     purposes described in subparagraph (C).''; and
       (B) by striking subparagraph (B), and inserting the 
     following new subparagraphs:
       ``(B) Eligibility for assistance.--An organization may be 
     eligible for assistance under subparagraph (A)(ii), if such 
     organization is a national, State, local, or community 
     organization that is not a fire service and that is 
     recognized for experience and expertise with respect to 
     programs and activities that promote--
       ``(i) fire prevention or fire safety; or
       ``(ii) the health and safety of firefighting personnel.
       ``(C) Use of funds.--Assistance provided under subparagraph 
     (A)(ii) shall be used--
       ``(i) to carry out fire prevention programs; or
       ``(ii) to fund research to improve the health and safety of 
     firefighting personnel.
       ``(D) Priority.--In selecting organizations described in 
     subparagraph (B) to receive assistance under this paragraph, 
     the Secretary of Homeland Security shall give priority--
       ``(i) to organizations that focus on preventing injuries 
     from fire to members of groups at high risk of such injuries, 
     with an emphasis on children; and
       ``(ii) to organizations that focus on researching methods 
     to improve the health and safety of firefighting personnel.
       ``(E) Allocation of funds.--Not less than 66 percent of the 
     total amount of funds made available in a fiscal year to 
     carry out this paragraph shall be made available of the 
     programs described in subparagraph (A)(ii).''.
       (2) Conforming amendment.--The heading of such paragraph is 
     amended to read as follows:
       ``(4) Fire prevention and firefighter safety programs.--''.
       (c) Availability of Funds for Fire Prevention and 
     Firefighter Safety Programs.--Paragraph (4)(A) of such 
     section, as amended by subsection (b), is further amended in 
     the matter preceding clause (i), by striking ``5 percent'' 
     and inserting ``6 percent''.

     SEC. 4007. ASSISTANCE FOR APPLICATIONS.

       Paragraph (5) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)), as 
     amended by section 3(c), is further amended by adding at the 
     end the following new subparagraph:
       ``(D) Assistance to prepare an application.--The Secretary 
     of Homeland Security shall provide assistance with the 
     preparation of applications for grants under this section.''.

     SEC. 4008. REDUCED REQUIREMENTS FOR MATCHING FUNDS.

       (a) Amount Required.--Paragraph (6) of section 33(b) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(b)) is amended by striking subparagraphs (A) and (B) and 
     inserting the following:
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Secretary of Homeland Security may provide assistance 
     under this subsection only if the applicant for such 
     assistance agrees to match 20 percent of such assistance for 
     any fiscal year with an equal amount of non-Federal funds.
       ``(B) Requirement for small community organizations.--In 
     the case of an applicant whose personnel--
       ``(i) serve jurisdictions of 50,000 or fewer residents, the 
     percent applied under the matching requirement of 
     subparagraph (A) shall be 10 percent; or
       ``(ii) serve jurisdictions of 20,000 or fewer residents, 
     the percent applied under the matching requirement of 
     subparagraph (A) shall be 5 percent.''.
       (b) Exception.--Such paragraph, as amended by subsection 
     (a), is further amended by adding at the end the following 
     new subparagraph:
       ``(C) Exception.--No matching funds may be required under 
     this subsection for assistance provided under subparagraph 
     (A)(ii) of paragraph (4) to an organization described in 
     subparagraph (B) of such paragraph.''.
       (c) Special Rule for Requests for Automated External 
     Defibrillator Devices.--Section 33(b) of such Act is further 
     amended by adding at the end the following new paragraph:
       ``(13) Special rules for grants for automated external 
     defibrillator devices.--
       ``(A) Limitations.--The Secretary of Homeland Security 
     shall reduce the percentage of non-Federal matching funds for 
     a grant as described in subparagraph (B) if--
       ``(i) the applicant is requesting grant funds to obtain one 
     or more automated external defibrillator devices, as 
     authorized by paragraph (3)(O);
       ``(ii) the award of such grant will result in the applicant 
     possessing exactly one such device for each first-due 
     emergency vehicle operated by the applicant;
       ``(iii) the applicant certifies to the Secretary of 
     Homeland Security that the applicant possesses, at the time 
     such application is filed, a number of such devices that is 
     less than the number of first-due emergency vehicles operated 
     by the applicant and that the applicant is capable of 
     storing, in a manner conducive to rapid use, such devices on 
     each such vehicle; and
       ``(iv) the applicant has not previously received a grant 
     under this subsection to obtain such devices.
       ``(B) Matching requirements.--If an applicant meets the 
     criteria set out in clauses (i), (ii), (iii), and (iv) of 
     subparagraph (A), the Secretary of Homeland Security shall 
     reduce the percentage of non-Federal matching funds required 
     by paragraph (6) by 2 percentage points for all assistance 
     requested in the application submitted by such applicant.
       ``(C) First-due defined.--In this paragraph, the term 
     `first-due' means the firefighting and emergency medical 
     services vehicles that are utilized by a fire service for 
     immediate response to an emergency situation.''.

     SEC. 4009. GRANT RECIPIENT LIMITATIONS.

       (a) Limitations on Grant Amounts.--Subparagraph (A) of 
     section 33(b)(10) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)(10)) is amended to read as 
     follows:

[[Page 11623]]

       ``(A) Limitations on grant amount.--
       ``(i) General limitation.--Subject to clause (ii), a 
     recipient of assistance under this section may not receive in 
     a fiscal year an amount of such assistance that exceeds the 
     greater of $2,250,000 or the amount equal to 0.5 percent of 
     the total amount of funds appropriated for such assistance 
     for such fiscal year.
       ``(ii) Limitations on basis of population.--Subject to 
     clause (iii), a recipient of assistance under this section 
     that serves a jurisdiction of less than 1,000,000 individuals 
     may not receive more than $1,500,000 of such assistance for a 
     fiscal year, except that such a recipient that serves a 
     jurisdiction of less than 500,000 individuals may not receive 
     more than $1,000,000 of such assistance during a fiscal year.
       ``(iii) Waiver.--With respect to assistance provided in a 
     fiscal year before fiscal year 2007, the Secretary of 
     Homeland Security, in consultation with the Administrator, 
     may waive the limitations set out in clause (ii) if the 
     Secretary determines that a waiver is warranted by an 
     extraordinary need for assistance for fire suppression 
     activities by a jurisdiction, whether such need is caused by 
     the likelihood of terrorist attack, natural disaster, 
     destructive fires occurring over a large geographic area, or 
     some other cause.''.
       (b) Limitations on Grants for Volunteer Emergency Medical 
     Services.--Such section, as amended by subsection (a), is 
     further amended by adding at the end the following new 
     subparagraph:
       ``(C) Limitations on expenditures for volunteer emergency 
     medical services.--Not more than 3.5 percent of the funds 
     appropriated to provide grants under this section for a 
     fiscal year may be awarded to volunteer emergency medical 
     service organizations.''.

     SEC. 4010. OTHER CONSIDERATIONS.

       Section 33(b) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)), as amended by section 8, is 
     amended by adding at the end the following new paragraph:
       ``(14) Other considerations.--In providing assistance under 
     this section, the Secretary of Homeland Security shall--
       ``(A) consider the extent to which the recipient of such 
     assistance is able to enhance the daily operations of a fire 
     service and to improve the protection of people and property 
     from fire; and
       ``(B) ensure that such assistance awarded to a volunteer 
     emergency medical service organization will not be used to 
     provide emergency medical services in a geographic area if 
     such services are adequately provided by a fire service in 
     such area.''.

     SEC. 4011. REPORTS TO CONGRESS.

       (a) Study and Report on Assistance to Firefighters.--
       (1) Study.--The Secretary, in conjunction with the National 
     Fire Protection Association, shall conduct a study--
       (A) to assess the types of activities that are carried out 
     by fire services;
       (B) to determine whether the level of Federal funding made 
     available to fire services is adequate;
       (C) to assess categories of services, including emergency 
     medical services, that are not adequately provided by fire 
     services on either the national or State level; and
       (D) to measure the effect, if any, of the assistance 
     provided under section 33 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229) on the needs of fire 
     services identified in the report submitted to Congress under 
     section 1701(b) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-363).
       (2) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the findings of the study described in paragraph 
     (1).
       (b) Report by GAO.--Not later than 18 months after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on--
       (1) the administration of the assistance provided under 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229); and
       (2) the success of the Secretary in administering the 
     Federal Emergency Management Agency.
       (c) Report on Waiver of Amount Limitations.--Not later than 
     18 months after the date of the enactment of this Act, the 
     Secretary shall submit to Congress a report on the instances, 
     if any, of the use of the waiver authority set out in section 
     33(b)(10)(A)(iii) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)(10)(A)(iii)), as added by 
     section 9.
       (d) Definitions.--In this section:
       (1) Fire service.--The term ``fire service'' has the 
     meaning given that term in section 4 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2203).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 4012. TECHNICAL CORRECTIONS.

       (a) Repeal of Duplicative Definition.--Subsection (d) of 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229) is repealed.
       (b) Redesignations Necessitated by Duplicative Numbering.--
     The sections 33 and 34 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2230 and 2231) that were added 
     by sections 105 and 106 of Public Law 106-503 (114 Stat. 
     2301) are redesignated as sections 34 and 35, respectively.

     SEC. 4013. AUTHORIZATION OF APPROPRIATIONS.

       (a) Firefighter Assistance Programs.--Section 33(e) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(e)) is amended by striking the first sentence and 
     inserting ``There are authorized to be appropriated for the 
     purposes of this section $900,000,000 for fiscal year 2005, 
     $950,000,000 for fiscal year 2006, and $1,000,000,000 for 
     each of the fiscal years 2007 through 2010.''.
       (b) Study on Assistance to Firefighters.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security $300,000 for fiscal year 2005 to carry out the 
     requirements of section 4011(a).
                                 ______
                                 
  SA 3310. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 1068. FEDERAL LAW ENFORCEMENT PAY.

       (a) Adjusted Differentials.--
       (1) In general.--Paragraph (1) of section 404(b) of the 
     Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 
     note) is amended by striking the matter after ``follows:'' 
     and inserting the following:

      ``Area                                               Differential
  Atlanta Consolidated Metropolitan Statistical Area............16.82% 
  Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated 
    Metropolitan Statistical Area...............................24.42% 
  Chicago-Gary-Kenosha, IL-IN-WI Consolidated Metropolitan 
    Statistical Area............................................25.68% 
  Cincinnati-Hamilton, OH-KY-IN Consolidated Metropolitan 
    Statistical Area............................................21.47% 
  Cleveland Consolidated Metropolitan Statistical Area..........17.83% 
  Columbus Consolidated Metropolitan Statistical Area...........16.90% 
  Dallas Consolidated Metropolitan Statistical Area.............18.51% 
  Dayton Consolidated Metropolitan Statistical Area.............15.97% 
  Denver-Boulder-Greeley, CO Consolidated Metropolitan Statistical 
    Area........................................................22.78% 
  Detroit-Ann Arbor-Flint, MI Consolidated Metropolitan Statistical 
    Area........................................................25.61% 
  Hartford, CT Consolidated Metropolitan Statistical Area.......24.47% 
  Houston-Galveston-Brazoria, TX Consolidated Metropolitan 
    Statistical Area............................................30.39% 
  Huntsville Consolidated Metropolitan Statistical Area.........13.29% 
  Indianapolis Consolidated Metropolitan Statistical Area.......13.38% 
  Kansas City Consolidated Metropolitan Statistical Area........14.11% 
  Los Angeles-Riverside-Orange County, CA Consolidated Metropolitan 
    Statistical Area............................................27.25% 
  Miami-Fort Lauderdale, FL Consolidated Metropolitan Statistical 
    Area........................................................21.75% 
  Milwaukee Consolidated Metropolitan Statistical Area..........17.45% 
  Minneapolis-St. Paul, MN-WI Consolidated Metropolitan Statistical 
    Area........................................................20.27% 
  New York-Northern New Jersey-Long Island, NY-NJ-CT-PA Consolidated 
    Metropolitan Statistical Area...............................27.11% 
  Orlando, FL Consolidated Metropolitan Statistical Area........14.22% 
  Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD Consolidated 
    Metropolitan Statistical Area...............................21.03% 
  Pittsburgh Consolidated Metropolitan Statistical Area.........14.89% 
  Portland-Salem, OR-WA Consolidated Metropolitan Statistical Ar20.96% 
  Richmond Consolidated Metropolitan Statistical Area...........16.46% 
  Sacramento-Yolo, CA Consolidated Metropolitan Statistical Area20.77% 
  San Diego, CA Consolidated Metropolitan Statistical Area......22.13% 
  San Francisco-Oakland-San Jose, CA Consolidated Metropolitan 
    Statistical Area............................................32.98% 
  Seattle-Tacoma-Bremerton, WA Consolidated Metropolitan Statistical 
    Area........................................................21.18% 
  St. Louis Consolidated Metropolitan Statistical Area..........14.69% 
  Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan 
    Statistical Area............................................19.48% 

[[Page 11624]]

  Rest of United States Consolidated Metropolitan Statistical 14.19%''.
       (2) Special rules.--For purposes of the provision of law 
     amended by paragraph (1)--
       (A) the counties of Providence, Kent, Washington, Bristol, 
     and Newport, RI, the counties of York and Cumberland, ME, and 
     the city of Concord, NH, shall be treated as if located in 
     the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated 
     Metropolitan Statistical Area; and
       (B) members of the Capitol Police shall be considered to be 
     law enforcement officers within the meaning of section 402 of 
     the Federal Law Enforcement Pay Reform Act of 1990.
       (3) Effective date.--The amendment made by paragraph (1)--
       (A) shall take effect as if included in the Federal Law 
     Enforcement Pay Reform Act of 1990 on the date of the 
     enactment of such Act; and
       (B) shall be effective only with respect to pay for service 
     performed in pay periods beginning on or after the date of 
     the enactment of this Act.
     Paragraph (2) shall be applied in a manner consistent with 
     the preceding sentence.
       (b) Separate Pay, Evaluation, and Promotion System for 
     Federal Law Enforcement Officers.--
       (1) Study.--Not later than 6 months after the date of the 
     enactment of this Act, the Office of Personnel Management 
     shall study and submit to Congress a report which shall 
     contain its findings and recommendations regarding the need 
     for, and the potential benefits to be derived from, the 
     establishment of a separate pay, evaluation, and promotion 
     system for Federal law enforcement officers. In carrying out 
     this paragraph, the Office of Personnel Management shall take 
     into account the findings and recommendations contained in 
     the September 1993 report of the Office entitled ``A Plan to 
     Establish a New Pay and Job Evaluation System for Federal Law 
     Enforcement Officers''.
       (2) Demonstration project.--
       (A) In general.--If, after completing its report under 
     paragraph (1), the Office of Personnel Management considers 
     it to be appropriate, the Office shall implement, within 12 
     months after the date of the enactment of this Act, a 
     demonstration project to determine whether a separate system 
     for Federal law enforcement officers (as described in 
     paragraph (1)) would result in improved Federal personnel 
     management.
       (B) Applicable provisions.--Any demonstration project under 
     this paragraph shall be conducted in accordance with the 
     provisions of chapter 47 of title 5, United States Code, 
     except that a project under this paragraph shall not be taken 
     into account for purposes of the numerical limitation under 
     section 4703(d)(2) of such title.
       (C) Permanent changes.--Not later than 6 months before the 
     demonstration project's scheduled termination date, the 
     Office of Personnel Management shall submit to Congress--
       (i) its evaluation of the system tested under the 
     demonstration project; and
       (ii) recommendations as to whether or not that system (or 
     any aspects of that system) should be continued or extended 
     to other Federal law enforcement officers.
       (3) Federal law enforcement officer defined.--In this 
     subsection, the term ``Federal law enforcement officer'' 
     means a law enforcement officer as defined under section 
     8331(20) or 8401(17) of title 5, United States Code.
       (c) Limitation on Premium Pay.--
       (1) In general.--Section 5547 of title 5, United States 
     Code, is amended--
       (A) in subsection (a), by striking ``5545a,'';
       (B) in subsection (c), by striking ``or 5545a''; and
       (C) in subsection (d), by striking the period and inserting 
     ``or a criminal investigator who is paid availability pay 
     under section 5545a.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the enactment of section 
     1114 of the National Defense Authorization Act for Fiscal 
     Year 2002 (Public Law 107-107; 115 Stat. 1239).
                                 ______
                                 
  SA 3311. Mr. DODD 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 F of title X, add the following:

     SEC. 1055. IMPOSITION OF OFFSETS UNDER CERTAIN DEPARTMENT OF 
                   DEFENSE CONTRACTS.

       (a) Requirement To Impose on Certain Contractors and 
     Subcontractors.--(1) Notwithstanding any declaration of 
     policy in section 123 of the Defense Production Act 
     Amendments of 1992 (Public Law 102-558; 106 Stat. 4198; 50 
     U.S.C. App. 2099 note), the Secretary of Defense shall impose 
     an offset on a contractor or subcontractor under a contract 
     of the Department of Defense for defense goods or services if 
     the preponderance of goods or services supplied by the 
     contractor or subcontractor under the contract are produced, 
     manufactured, grown, or extracted in a foreign country that 
     imposes, whether by law or practice, offsets in excess of 100 
     percent on United States suppliers of goods or services.
       (2) The offset imposed on a contractor or subcontractor 
     under paragraph (1) shall be at least equal in percentage to 
     the percentage imposed by the foreign country concerned on 
     United States suppliers of goods and services.
       (b) Authority To Impose on Certain Contractors and 
     Subcontractors.--Notwithstanding any declaration of policy in 
     such section 123, the Secretary may impose an offset on a 
     contractor or subcontractor under a contract of the 
     Department for defense goods or services if the preponderance 
     of goods or services supplied by the contractor or 
     subcontractor under the contract are produced, manufactured, 
     grown, or extracted in a foreign country that imposes, 
     whether by law or practice, offsets (other than offsets 
     described in subsection (a)) on United States suppliers of 
     goods or services under contracts in excess of $5,000,000.
       (c) Offset Defined.--In this section, the term ``offset'' 
     means any arrangement or understanding between a supplier of 
     defense articles or defense services (as those terms are 
     defined in the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.) and a country under which the supplier agrees to 
     purchase or acquire, or to promote the purchase or 
     acquisition by persons of the supplier's country of, goods or 
     services produced, manufactured, grown, or extracted, in 
     whole or in part, in such country in consideration for the 
     purchase by such country of defense articles or defense 
     services from the supplier.
       (d) Report on Imposition of Offsets.--The Secretary shall 
     submit to Congress a report on each imposition of offsets 
     under this section.
                                 ______
                                 
  SA 3312. Mr. DODD (for himself, Mr. Baucus, and Mr. Lautenberg) 
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. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR 
                   HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS OF 
                   THE ARMED FORCES FOR DEPLOYMENT IN OPERATIONS 
                   IN IRAQ AND CENTRAL ASIA.

       (a) Reimbursement Required.--(1) Subject to subsection (b), 
     the Secretary of Defense shall reimburse a member of the 
     Armed Forces, or a person or entity referred to in paragraph 
     (2), for the cost (including shipping cost) of any 
     protective, safety, or health equipment that was purchased by 
     such member, or such person or entity on behalf of such 
     member, before or during the deployment of such member in 
     Operation Noble Eagle, Operation Enduring Freedom, or 
     Operation Iraqi Freedom for the use of such member in 
     connection with such operation.
       (2) A person or entity referred to in this paragraph is a 
     family member or relative of a member of the Armed Forces, a 
     non-profit organization, or a community group.
       (b) Limitations.--(1) In the case of armor or protective 
     equipment for high mobility multi-purpose wheeled vehicles 
     (known as HUMVEEs), reimbursement shall be made under 
     subsection (a) only for armor or equipment purchased during 
     the period beginning on September 11, 2001, and ending on 
     July 31, 2004.
       (2) In the case of any other protective, safety, and health 
     equipment, reimbursement shall be made under subsection (a) 
     only for equipment purchased during the period beginning on 
     September 11, 2001, and ending on December 31, 2003.
       (c) Covered Protective, Safety, and Health Equipment.--(1) 
     Subject to paragraph (2), protective, safety, and health 
     equipment for which reimbursement shall be made under 
     subsection (a) shall include personal body armor, collective 
     armor or protective equipment (including armor or protective 
     equipment for high mobility multi-purpose wheeled vehicles), 
     and items provided through the Rapid Fielding Initiative of 
     the Army such as the advanced (on-the-move) hydration system, 
     the advanced combat helmet, the close combat optics system, a 
     Global Positioning System (GPS) receiver, and a soldier 
     intercommunication device.
       (2) Non-military equipment may be treated as protective, 
     safety, and health equipment for purposes of paragraph (1) 
     only if such equipment provides protection, safety, or health 
     benefits, as the case may be, such as would be provided by 
     equipment meeting military specifications.
       (d) Funding.--Amounts for reimbursements under subsection 
     (a) shall be derived

[[Page 11625]]

     from amounts any amounts authorized to be appropriated by 
     this Act.
                                 ______
                                 
  SA 3313. Mr. DODD (for himself and Mrs. Feinstein) 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 195, between lines 10 and 11, insert the following:

     SEC. 868. PROHIBITIONS ON USE OF CONTRACTORS FOR CERTAIN 
                   DEPARTMENT OF DEFENSE ACTIVITIES.

       (a) Prohibition on Use of Contractors in Interrogation of 
     Prisoners and Combat Missions.--(1) Notwithstanding any other 
     provision of law and except as provided in paragraph (2), the 
     use of contractors by the Department of Defense is prohibited 
     for activities as follows:
       (A) Interrogation of prisoners, detainees, or combatants at 
     any United States military installation or other installation 
     under the authority of United States military or civilian 
     personnel.
       (B) United States-led combat missions that require routine 
     engagement in direct combat on the ground, except in cases of 
     self-defense.
       (2) The President may waive the prohibition in paragraph 
     (1) with respect to the use of contractors to provide 
     translator services under subparagraph (A) of that paragraph 
     if the President determines that no United States military 
     personnel with appropriate language skills are available to 
     provide translator services for the interrogation to which 
     the waiver applies.
       (3) The President shall, on a quarterly basis, submit to 
     the appropriate committees of Congress a report on the use, 
     if any, of contractors for the provision of translator 
     services pursuant to the waiver authority in paragraph (2).
       (b) Prohibition on Use of Funds.--No funds authorized to be 
     appropriated by this Act or any other Act may be obligated or 
     expended for the utilization of contractor personnel in 
     contravention of the prohibition in subsection (a), whether 
     such funds are provided directly to a contractor by a 
     department, agency, or other entity of the United States 
     Government or indirectly through a permanent, interim, or 
     transitional foreign government or other third party.
       (c) Prohibition on Transfer of Custody of Prisoners to 
     Contractors.--No military or civilian element of the United 
     States Government may transfer any prisoner, detainee, or 
     combatant under the custody or control of such element to the 
     custody of a contractor or contractor personnel.
       (d) Records of Transfers of Custody of Prisoners to Other 
     Countries.--(1) No military or civilian element of the United 
     States Government may transfer any prisoner, detainee, or 
     combatant under the custody or control of such element to the 
     custody of another country without making an appropriate 
     record of such transfer that includes the reasons for the 
     transfer.
       (2) The Secretary shall ensure that--
       (A) the records made of transfers by a transferring 
     authority as described in paragraph (1) are maintained by 
     that transferring authority in a central location; and
       (B) the location and format of the records are such that 
     the records are readily accessible to, and readily viewable 
     by, the appropriate committees of Congress.
       (3) A record under paragraph (1) shall be maintained in 
     unclassified form, but may include a classified annex.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services, Foreign Relations, 
     and the Judiciary of the Senate and the Select Committee on 
     Intelligence of the Senate; and
       (2) the Committees on Armed Services, International 
     Relations, and the Judiciary of the House of Representatives 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives.
                                 ______
                                 
  SA 3314. Ms. LANDRIEU 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 365, between lines 18 and 19, insert the following:

     SEC. 2830. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, 
                   DOYLINE, LOUISIANA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the State of Louisiana (in this section referred to 
     as the ``State'') all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     any improvements thereon, consisting of approximately 14,949 
     acres located at the Louisiana Army Ammunition Plant, 
     Doyline, Louisiana.
       (b) Consideration.--As consideration for the conveyance of 
     property under subsection (a), the State shall--
       (1) maintain at least 13,500 acres of such property for the 
     purpose of military training, unless the Secretary determines 
     that fewer acres are required for such purpose;
       (2) ensure that any other uses that are made of the 
     property conveyed under subsection (a) do not adversely 
     impact military training;
       (3) accommodate the use of such property, at no cost or 
     fee, for meeting the present and future training needs of 
     Armed Forces units, including units of the Louisiana National 
     Guard and the other active and reserve components of the 
     Armed Forces;
       (4) assume, starting on the date that is five years after 
     the date of the conveyance of such property, responsibility 
     for any monitoring, sampling, or reporting requirements that 
     are associated with the environmental restoration activities 
     of the Army on the Louisiana Army Ammunition Plant, and shall 
     bear such responsibility until such time as such monitoring, 
     sampling, or reporting is no longer required; and
       (5) assume the rights and responsibilities of the Army 
     under the armaments retooling manufacturing support agreement 
     between the Army and the facility use contractor with respect 
     to the Louisiana Army Ammunition Plant in accordance with the 
     terms of such agreement in effect at the time of the 
     conveyance.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the State 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 documentation, and other administrative costs 
     related to the conveyance. If amounts are collected from the 
     State in advance of the Secretary incurring the actual costs, 
     and the amount collected exceeds the costs actually incurred 
     by the Secretary to carry out the conveyance, the Secretary 
     shall refund the excess amount to State.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by surveys satisfactory to 
     the Secretary. The cost of each survey shall be borne by the 
     State.
       (e) 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 3315. Ms. LANDRIEU 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 130, between lines 9 and 10, insert the following:

     SEC. 642. FULL SBP SURVIVOR BENEFITS FOR SURVIVING SPOUSES 
                   OVER AGE 62.

       (a) Phased Increase in Basic Annuity to 55 Percent.--(1) 
     Subsection (a)(1)(B)(i) of section 1451 of title 10, United 
     States Code, is amended by striking ``35 percent of the base 
     amount.'' and inserting ``the product of the base amount and 
     the percent applicable for the month. The percent applicable 
     for a month is 35 percent for months beginning before October 
     2005, 40 percent for months beginning after September 2005 
     and before April 2006, 45 percent for months beginning after 
     March 2006 and before April 2007, 50 percent for months 
     beginning after March 2007 and before April 2008, and 55 
     percent for months beginning after March 2008.''.
       (2) Subsection (a)(2)(B)(i)(I) of such section is amended 
     by striking ``35 percent'' and inserting ``the percent 
     specified under paragraph (1)(B)(i) as being applicable for 
     the month''.
       (3) Subsection (c)(1)(B)(i) of such section is amended--
       (A) by striking ``35 percent'' and inserting ``the 
     applicable percent''; and
       (B) by adding at the end the following: ``The percent 
     applicable for a month under the preceding sentence is the 
     percent specified under subsection (a)(1)(B)(i) as being 
     applicable for the month.''.
       (4) The heading for subsection (d)(2)(A) of such section is 
     amended to read as follows: ``Computation   of   Annuity.--
     ''.

[[Page 11626]]

       (b) Phased Elimination of Supplemental Annuity.--(1) 
     Section 1457(b) of title 10, United States Code, is amended--
       (A) by striking ``5, 10, 15, or 20 percent'' and inserting 
     ``the applicable percent''; and
       (B) by inserting after the first sentence the following: 
     ``The percent used for the computation shall be an even 
     multiple of 5 percent and, whatever the percent specified in 
     the election, may not exceed 20 percent for months beginning 
     before October 2005, 15 percent for months beginning after 
     September 2005 and before April 2006, 10 percent for months 
     beginning after March 2006 and before April 2007, and 5 
     percent for months beginning after March 2007.''.
       (2) Effective on April 1, 2008, chapter 73 of such title is 
     amended--
       (A) by striking subchapter III; and
       (B) by striking the item relating to subchapter III in the 
     table of subchapters at the beginning of that chapter.
       (c) Recomputation of Annuities.--(1) Effective on the first 
     day of each month referred to in paragraph (2)--
       (A) each annuity under section 1450 of title 10, United 
     States Code, that commenced before that month, is computed 
     under a provision of section 1451 of that title amended by 
     subsection (a), and is payable for that month shall be 
     recomputed so as to be equal to the amount that would be in 
     effect if the percent applicable for that month under that 
     provision, as so amended, had been used for the initial 
     computation of the annuity; and
       (B) each supplemental survivor annuity under section 1457 
     of such title that commenced before that month and is payable 
     for that month shall be recomputed so as to be equal to the 
     amount that would be in effect if the percent applicable for 
     that month under that section, as amended by this section, 
     had been used for the initial computation of the supplemental 
     survivor annuity.
       (2) The requirements for recomputation of annuities under 
     paragraph (1) apply with respect to the following months:
       (A) October 2005.
       (B) April 2006.
       (C) April 2007.
       (D) April 2008.
       (d) Recomputation of Retired Pay Reductions for 
     Supplemental Survivor Annuities.--The Secretary of Defense 
     shall take such actions as are necessitated by the amendments 
     made by subsection (b) and the requirements of subsection 
     (c)(1)(B) to ensure that the reductions in retired pay under 
     section 1460 of title 10, United States Code, are adjusted to 
     achieve the objectives set forth in subsection (b) of that 
     section.
       (e) Open Enrollment Period For Survivor Benefit Plan 
     Commencing October 1, 2005.--(1)(A) An eligible retired or 
     former member may elect to participate in the Survivor 
     Benefit Plan under subchapter II of chapter 73 of title 10, 
     United States Code, during the open enrollment period 
     specified in paragraph (5).
       (B) An eligible retired or former member who elects under 
     subparagraph (A) to participate in the Survivor Benefit Plan 
     at the maximum level may also elect during the open 
     enrollment period to participate in the Supplemental Survivor 
     Benefit Plan established under subchapter III of chapter 73 
     of title 10, United States Code.
       (C) For purposes of subparagraphs (A) and (B), an eligible 
     retired or former member is a member or former member of the 
     uniformed services who on the day before the first day of the 
     open enrollment period is not a participant in the Survivor 
     Benefit Plan and--
       (i) is entitled to retired pay; or
       (ii) would be entitled to retired pay under chapter 1223 of 
     title 10, United States Code, but for the fact that such 
     member or former member is under 60 years of age.
       (D) A person making an election under subparagraph (A) by 
     reason of eligibility under subparagraph (C)(i) shall be 
     treated for all purposes as providing a standard annuity 
     under the Survivor Benefit Plan.
       (E) A person making an election under subparagraph (A) by 
     reason of eligibility under subparagraph (C)(ii) shall be 
     treated for all purposes as providing a reserve-component 
     annuity under the Survivor Benefit Plan.
       (2) A person who on the day before the first day of the 
     open enrollment period is a participant in the Survivor 
     Benefit Plan but is not participating at the maximum base 
     amount or is providing coverage under the Plan for a 
     dependent child and not for the person's spouse or former 
     spouse may, during the open enrollment period, elect to--
       (A) participate in the Plan at a higher base amount (not in 
     excess of the participant's retired pay); or
       (B) provide annuity coverage under the Plan for the 
     person's spouse or former spouse at a base amount not less 
     than the base amount provided for the dependent child.
       (3)(A) A person who is eligible to make an election under 
     this paragraph may elect during the open enrollment period to 
     participate in the Supplemental Survivor Benefit Plan 
     established under subchapter III of chapter 73 of title 10, 
     United States Code.
       (B) Except as provided in subparagraph (C), a person is 
     eligible to make an election under subparagraph (A) if on the 
     day before the first day of the open enrollment period the 
     person--
       (i) is a participant in the Survivor Benefit Plan at the 
     maximum level, or during the open enrollment period the 
     person increases the level of such participation to the 
     maximum level under paragraph (2) of this subsection; and
       (ii) under that Plan is providing annuity coverage for the 
     person's spouse or a former spouse.
       (C) A person is not eligible to make an election under 
     subparagraph (A) if (as determined by the Secretary 
     concerned) the annuity of a spouse or former spouse 
     beneficiary of that person under the Survivor Benefit Plan is 
     to be computed under section 1451(e) of title 10, United 
     States Code. However, such a person may during the open 
     enrollment period waive the right to have that annuity 
     computed under such section 1451(e). Any such election is 
     irrevocable. A person making such a waiver may make an 
     election under subparagraph (A) as in the case of any other 
     participant in the Survivor Benefit Plan.
       (4) An election under this subsection shall be made in 
     writing, signed by the person making the election, and 
     received by the Secretary concerned before the end of the 
     open enrollment period. Any such election shall be made 
     subject to the same conditions, and with the same 
     opportunities for designation of beneficiaries and 
     specification of base amount, that apply under the Survivor 
     Benefit Plan or the Supplemental Survivor Benefit Plan, as 
     the case may be. A person making an election under paragraph 
     (1) to provide a reserve-component annuity shall make a 
     designation described in section 1448(e) of title 10, United 
     States Code. Any such election shall be effective as of the 
     first day of the first calendar month following the month in 
     which the election is received by the Secretary concerned.
       (5) The open enrollment period under this section shall be 
     the one-year period beginning on October 1, 2005.
       (6) If a person making an election under this subsection 
     dies before the end of the two-year period beginning on the 
     effective date of the election, the election is void and the 
     amount of any reduction in retired pay of the person that is 
     attributable to the election shall be paid in a lump sum to 
     the person who would have been the deceased person's 
     beneficiary under the voided election if the deceased person 
     had died after the end of such two-year period.
       (7) The provisions of sections 1449, 1453, and 1454 of 
     title 10, United States Code, are applicable to a person 
     making an election, and to an election, under this subsection 
     in the same manner as if the election were made under the 
     Survivor Benefit Plan or the Supplemental Survivor Benefit 
     Plan, as the case may be.
       (8) The Secretary of Defense may require that the premium 
     for a person making an election under paragraph (1)(A) or (2) 
     include, in addition to the amount required under section 
     1452(a) of title 10, United States Code, an amount determined 
     under regulations prescribed by the Secretary of Defense for 
     the purposes of this subsection. Any such amount shall be 
     stated as a percentage of the base amount of the person 
     making the election and shall reflect the number of years 
     that have elapsed since the person retired, but may not 
     exceed 4.5 percent of that person's base amount.
       (f) Report Concerning Open Season.--Not later than July 1, 
     2005, the Secretary of Defense shall submit to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives a report on the open season authorized by 
     subsection (e) for the Survivor Benefit Plan. The report 
     shall include the following:
       (1) A description of the Secretary's plans for 
     implementation of the open season.
       (2) The Secretary's estimates of the costs associated with 
     the open season, including any anticipated effect of the open 
     season on the actuarial status of the Department of Defense 
     Military Retirement Fund.
       (3) Any recommendation by the Secretary for further 
     legislative action.
                                 ______
                                 
  SA 3316. Mr. HARKIN 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 add the following:
       Since it is the mission of the Armed Forces Radio and 
     Television Service to provide high-quality news, information 
     and entertainment to US forces;
       Since a key principle of Department of Defense internal 
     information is to make available a free flow of general and 
     military information without censorship or propaganda to the 
     men and women of the Armed Forces and their dependents;
       Since the Armed Forces Radio and Television Service seeks 
     to represent in its programming what is seen and heard in the 
     United States;
       Since it is the policy of Armed Forces Radio and Television 
     Service, as outlined in

[[Page 11627]]

     Department of Defense Regulation 5120.20R, to provide a free 
     flow of political programming and public affairs programs 
     selected to provide balance and diversity from available 
     nationally recognized program sources: Therefore be it 
     determined, That it is the sense of the Senate--
       That the Armed Forces Radio and Television Service should 
     strive to ensure that it fully serves its mission and 
     listeners by seeking to present all sides of important public 
     questions fairly and with balance by basing programming 
     decisions for each of its news, public affairs and 
     uninterrupted voice program services on a diversity of 
     educational and informational needs, not only on commercial 
     market share determinations.
                                 ______
                                 
  SA 3317. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 3122. BERYLLIUM SCREENING IN MASSACHUSETTS.

       (a) Availability of Funds.--Of the amount authorized to be 
     appropriated for the Department of Energy for fiscal year 
     2005 by section 3103 for other defense activities, $250,000 
     shall be available for beryllium screening, and related 
     outreach, for employees of vendors who supplied beryllium to 
     the Atomic Energy Commission for use in the nuclear weapons 
     program.
       (b) Employees of Vendors Defined.--In this section, the 
     term ``employees of vendors'' means employees of vendors in 
     Massachusetts as follows:
       (1) Wyman Gordon, Incorporated.
       (2) Norton.
       (3) Nuclear Materials and Equipment Corporation.
       (4) The Massachusetts Institute of Technology.
       (5) Any other beryllium vendor identified as such for 
     purposes of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (title XXXVI of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 
     7384 et seq.).
                                 ______
                                 
  SA 3318. 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 256, between lines 10 and 11, insert the following:

     SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCHES.

       It is the sense of Congress that the Secretary of Defense 
     should provide support for, and continue the development, 
     certification, and deployment of portable range safety 
     systems that are capable of--
       (1) reducing costs related to national security space 
     launches and launch infrastructure; and
       (2) enhancing technical capabilities and operational safety 
     at the Eastern, Western, and other United States space 
     launches.
                                 ______
                                 
  SA 3319. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) Essential Item Identification and Domestic Production 
     Capabilities Improvement.--Sections 812, 813, and 814 of the 
     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 117 Stat. 1542, 1543, 1545; 10 U.S.C. 
     2501 note) are repealed.
       (b) Elimination of Unreliable Source for Items and 
     Components.--Section 821 of such Act (117 Stat. 1546; 10 
     U.S.C. 2534 note) is repealed.
                                 ______
                                 
  SA 3320. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be stricken, insert the 
     following:

     SEC. 842. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT 
                   REQUIREMENTS.

       (a) Authority.--Subchapter V of chapter 148 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2539c. Waiver of domestic source or content 
       requirements

       ``(a) Authority.--Except as provided in subsection (f), the 
     Secretary of Defense may waive the application of any 
     domestic source requirement or domestic content requirement 
     referred to in subsection (b) and thereby authorize the 
     procurement of items that are grown, reprocessed, reused, 
     produced, or manufactured--
       ``(1) in a foreign country that has a Declaration of 
     Principles with the United States;
       ``(2) in a foreign country that has a Declaration of 
     Principles with the United States substantially from 
     components and materials grown, reprocessed, reused, 
     produced, or manufactured in the United States or any foreign 
     country that has a Declaration of Principles with the United 
     States; or
       ``(3) in the United States substantially from components 
     and materials grown, reprocessed, reused, produced, or 
     manufactured in the United States or any foreign country that 
     has a Declaration of Principles with the United States.
       ``(b) Covered Requirements.--For purposes of this section:
       ``(1) A domestic source requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item that is grown, 
     reprocessed, reused, produced, or manufactured in the United 
     States or by a manufacturer that is a part of the national 
     technology and industrial base (as defined in section 2500(1) 
     of this title).
       ``(2) A domestic content requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item produced or 
     manufactured partly or wholly from components and materials 
     grown, reprocessed, reused, produced, or manufactured in the 
     United States.
       ``(c) Applicability.--The authority of the Secretary to 
     waive the application of a domestic source or content 
     requirements under subsection (a) applies to the procurement 
     of items for which the Secretary of Defense determines that--
       ``(1) application of the requirement would impede the 
     reciprocal procurement of defense items under a Declaration 
     of Principles with the United States; and
       ``(2) such country does not discriminate against defense 
     items produced in the United States to a greater degree than 
     the United States discriminates against defense items 
     produced in that country.
       ``(d) Limitation on Delegation.--The authority of the 
     Secretary to waive the application of domestic source or 
     content requirements under subsection (a) may not be 
     delegated to any officer or employee other than the Under 
     Secretary of Defense for Acquisition, Technology and 
     Logistics.
       ``(e) Consultations.--The Secretary may grant a waiver of 
     the application of a domestic source or content requirement 
     under subsection (a) only after consultation with the United 
     States Trade Representative, the Secretary of Commerce, and 
     the Secretary of State.
       ``(f) Laws Not Waivable.--The Secretary of Defense may not 
     exercise the authority under subsection (a) to waive any 
     domestic source or content requirement contained in any of 
     the following laws:
       ``(1) The Small Business Act (15 U.S.C. 631 et seq.).
       ``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
       ``(3) Sections 7309 and 7310 of this title.
       ``(4) Section 2533a of this title.
       ``(g) Relationship to Other Waiver Authority.--The 
     authority under subsection (a) to waive a domestic source 
     requirement or domestic content requirement is in addition to 
     any other authority to waive such requirement.
       ``(h) Construction With Respect to Later Enacted Laws.--
     This section may not be construed as being inapplicable to a 
     domestic source requirement or domestic content requirement 
     that is set forth in a law enacted after the enactment of 
     this section solely on the basis of the later enactment.
       ``(i) Declaration of Principles.--(1) In this section, the 
     term `Declaration of Principles' means a written 
     understanding (including any Statement of Principles) between 
     the Department of Defense and its counterpart in a foreign 
     country signifying a cooperative relationship between the 
     Department and its counterpart to standardize or make 
     interoperable defense equipment used

[[Page 11628]]

     by the armed forces and the armed forces of the foreign 
     country across a broad spectrum of defense activities, 
     including--
       ``(A) harmonization of military requirements and 
     acquisition processes;
       ``(B) security of supply;
       ``(C) export procedures;
       ``(D) security of information;
       ``(E) ownership and corporate governance;
       ``(F) research and development;
       ``(G) flow of technical information; and
       ``(H) defense trade.
       ``(2) A Declaration of Principles is underpinned by a 
     memorandum of understanding or other agreement providing for 
     the reciprocal procurement of defense items between the 
     United States and the foreign country concerned without 
     unfair discrimination in accordance with section 2531 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2539b the following new item:

``2539c. Waiver of domestic source or content requirements.''.

     SEC. 843. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER 
                   TRADE AGREEMENTS.

       No provision of this Act or any amendment made by this Act 
     shall apply to a procurement by or for the Department of 
     Defense to the extent that the Secretary of Defense, in 
     consultation with the Secretary of Commerce, the United 
     States Trade Representative, and the Secretary of State, 
     determines that it is inconsistent with United States 
     obligations under a trade agreement.
                                 ______
                                 
  SA 3321. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be stricken, insert the 
     following:

     SEC. 842. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT 
                   REQUIREMENTS FOR COUNTRIES ENGAGED IN CERTAIN 
                   OPERATIONS IN THE GLOBAL WAR ON TERROR.

       (a) Authority.--Except as provided in subsection (e), the 
     Secretary of Defense may waive the application of any 
     domestic source requirement or domestic content requirement 
     referred to in subsection (b) to items that are grown, 
     reprocessed, reused, produced, or manufactured in a foreign 
     country that has supplied air, naval, ground, or 
     stabilization forces under the United States Central Command 
     or the International Security Assistance Force in Operation 
     Enduring Freedom or Operation Iraqi Freedom and, in so 
     waiving such requirement, thereby authorize the procurement 
     of such items.
       (b) Covered Requirements.--For purposes of this section:
       (1) A domestic source requirement is any requirement under 
     law that the Department of Defense satisfy its requirements 
     for an item by procuring an item that is grown, reprocessed, 
     reused, produced, or manufactured in the United States or by 
     a manufacturer that is a part of the national technology and 
     industrial base (as defined in section 2500(1) of title 23, 
     United States Code).
       (2) A domestic content requirement is any requirement under 
     law that the Department of Defense satisfy its requirements 
     for an item by procuring an item produced or manufactured 
     partly or wholly from components and materials grown, 
     reprocessed, reused, produced, or manufactured in the United 
     States.
       (c) Applicability.--The authority of the Secretary to waive 
     the application of a domestic source or content requirements 
     under subsection (a) applies to the procurement of items for 
     which the Secretary of Defense determines that--
       (1) application of the requirement would impede the 
     reciprocal procurement of defense items under a memorandum of 
     understanding providing for reciprocal procurement of defense 
     items between a foreign country and the United States in 
     accordance with section 2531 of title 23, United States Code; 
     and
       (2) such country does not discriminate against defense 
     items produced in the United States to a greater degree than 
     the United States discriminates against defense items 
     produced in that country.
       (d) Consultations.--The Secretary may grant a waiver of the 
     application of a domestic source or content requirement under 
     subsection (a) only after consultation with the United States 
     Trade Representative, the Secretary of Commerce, and the 
     Secretary of State.
       (e) Laws Not Waivable.--The Secretary of Defense may not 
     exercise the authority under subsection (a) to waive any 
     domestic source or content requirement contained in any of 
     the following laws:
       (1) The Small Business Act (15 U.S.C. 631 et seq.).
       (2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
       (3) Sections 7309 and 7310 of title 23, United States Code.
       (4) Section 2533a of title 23, United States Code.
       (f) Relationship to Other Waiver Authority.--The authority 
     under subsection (a) to waive a domestic source requirement 
     or domestic content requirement is in addition to any other 
     authority to waive such requirement.
       (g) Construction With Respect to Later Enacted Laws.--This 
     section may not be construed as being inapplicable to a 
     domestic source requirement or domestic content requirement 
     that is set forth in a law enacted after the enactment of 
     this section solely on the basis of the later enactment.

     SEC. 843. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER 
                   TRADE AGREEMENTS.

       No provision of this Act or any amendment made by this Act 
     shall apply to a procurement by or for the Department of 
     Defense to the extent that the Secretary of Defense, in 
     consultation with the Secretary of Commerce, the United 
     States Trade Representative, and the Secretary of State, 
     determines that it is inconsistent with United States 
     obligations under a trade agreement.
                                 ______
                                 
  SA 3322. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 1068. MISSILE DEFENSE COOPERATION.

       (a) Department of State Procedures for Expedited Review of 
     Licenses for the Transfer of Defense Items Related to Missile 
     Defense.--
       (1) Expedited procedures.--The Secretary of State shall, in 
     consultation with the Secretary of Defense, establish 
     procedures for considering technical assistance agreements 
     and related amendments and munitions license applications for 
     the export of defense items related to missile defense not 
     later than 30 days after receiving such agreements, 
     amendments, and munitions license applications, except in 
     cases in which the Secretary of State determines that 
     additional time is required to complete a review of a 
     technical assistance agreement or related amendment or a 
     munitions license application for foreign policy or national 
     security reasons, including concerns regarding the 
     proliferation of ballistic missile technology.
       (2) Study on comprehensive authorizations for missile 
     defense.--The Secretary of State shall, in consultation with 
     the Secretary of Defense, examine the feasibility of 
     providing major project authorizations for programs related 
     to missile defense similar to the comprehensive export 
     authorization specified in section 126.14 of the 
     International Traffic in Arms Regulations (section 126.14 of 
     title 22, Code of Federal Regulations).
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State shall, in 
     consultation with the Secretary of Defense, submit to the 
     Committee on Foreign Relations and the Committee on Armed 
     Services of the Senate and the Committee on International 
     Relations and the Committee on Armed Services of the House of 
     Representatives a report on--
       (A) the implementation of the expedited procedures required 
     under paragraph (1); and
       (B) the feasibility of providing the major project 
     authorization for projects related to missile defense 
     described in paragraph (2).
       (b) Department of Defense Procedures for Expedited Review 
     of Licenses for the Transfer of Defense Items Related to 
     Missile Defense.--
       (1) Procedures.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretary of State, prescribe 
     procedures to increase the efficiency and transparency of the 
     practices used by the Department of Defense to review 
     technical assistance agreements and related amendments and 
     munitions license applications related to international 
     cooperation on missile defense that are referred to the 
     Department.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, shall submit to the 
     Committee on Armed Services and the Committee on Foreign 
     Relations of the Senate and the Committee on Armed Services 
     and the Committee on International Relations of the House of 
     Representatives a report--
       (A) describing actions taken by the Secretary of Defense to 
     coordinate with the Secretary of State the establishment of 
     the expedited review process described in subsection (a)(1);
       (B) identifying key defense items related to missile 
     defense that are suitable for comprehensive licensing 
     procedures; and
       (C) describing the procedures prescribed pursuant to 
     paragraph (1).

[[Page 11629]]

       (c) Definition of Defense Items.--In this section, the term 
     ``defense items'' has the meaning given that term in section 
     38(j)(4)(A) of the Arms Export Control Act (22 U.S.C. 
     2778(j)(4)(A)).
                                 ______
                                 
  SA 3323. Mr. FITZGERALD (for himself, Ms. Cantwell and Mr. Hollings) 
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. LIMITATION AS TO PERSONS WHO MAY PERFORM EYE 
                   SURGERY FOR DEPARTMENT OF VETERANS AFFAIRS.

       Section 1707 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c)(1) Eye surgery at a Department facility or under 
     contract with the Department may be performed only by an 
     individual who is a licensed medical doctor, a licensed 
     doctor of osteopathy, or a licensed dentist whose practice is 
     limited to the specialty of oral or maxillofacial surgery.
       ``(2) For purposes of this subsection, the term `eye 
     surgery' means any procedure involving the eye or the adnexa 
     in which human tissue is cut, burned, frozen, vaporized, 
     ablated, probed, or otherwise altered or penetrated by 
     incision, injection, laser, ultrasound, ionizing radiation, 
     or by other means, in order to treat eye disease, alter or 
     correct refractive error, or alter or enhance cosmetic 
     appearance. Such term does not include the following 
     noninvasive, nonsurgical procedures: removal of superficial 
     ocular foreign bodies from the conjunctival surface, from the 
     eyelid epidermis, or from the corneal epithelium; corneal 
     debridement and scraping; forceps epilation of misaligned 
     eyelashes; the prescription and fitting of contact lenses; 
     insertion of punctal plugs, diagnostic dilation or irrigation 
     of the lacrimal system; the use of diagnostic ultrasound; 
     orthokeratology; or the treatment of emergency cases of 
     anaphylactic shock (with subcutaneous epinephrine, such as 
     that included in a bee sting kit).''.
                                 ______
                                 
  SA 3324. Mr. THOMAS (for himself and Mr. Enzi) 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 311, in the table preceding line 1, insert after 
     the item relating to Hill Air Force Base, Utah, the following 
     new item:

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

       On page 311, in the table preceding line 1, strike the 
     amount identified as the total in the amount column and 
     insert ``$452,023,000''.
       On page 314, line 7, strike ``$2,487,824,000'' and insert 
     ``$2,493,324,000''.
       On page 314, line 10, strike ``$446,523,000'' and insert 
     ``$452,023,000''.
       On page 322, line 21, strike ``$214,418,000'' and insert 
     ``$221,818,000''.
                                 ______
                                 
  SA 3325. Mr. ENSIGN 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 867, and insert the following:

     SEC. 867. APPLICABILITY OF RANDOLPH-SHEPPARD ACT AND JAVITS-
                   WAGNER-O'DAY ACT TO MILITARY TROOP DINING 
                   SERVICES.

       (a) Services Under Existing Javits-Wagner-O'Day Act 
     Contracts.--(1) The Randolph-Sheppard Act (20 U.S.C. 107 et 
     seq.) does not apply to any contract described in paragraph 
     (2) for so long as the services provided under that contract 
     remain on the procurement list established under section 2 of 
     the Javits-Wagner-O'Day Act (41 U.S.C. 47).
       (2) Paragraph (1) applies to any contract for the 
     procurement of military troop dining services that--
       (A) was entered into before the date of the enactment of 
     this Act with a nonprofit agency for the blind or an agency 
     for other severely handicapped in compliance with section 3 
     of the Javits-Wagner-O'Day Act (41 U.S.C. 48); and
       (B) is in effect on such date.
       (b) Services Under Existing Randolph-Sheppard Act 
     Contracts.--(1) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
     seq.) does not apply to--
       (A) any contract described in paragraph (2) for so long as 
     the contract is in effect, including for any period for which 
     the contract is extended pursuant to an option provided in 
     the contract; or
       (B) any successor contract for the same military troop 
     dining services.
       (2) Paragraph (1) applies to any contract for the 
     procurement of military troop dining services that--
       (A) was entered into before the date of the enactment of 
     this Act with a State licensing agency under the Randolph-
     Sheppard Act (20 U.S.C. 107 et seq.); and
       (B) is in effect on such date.
       (c) Source Selection Procedure for Awarding New 
     Contracts.--(1) The selection of a source to which to award a 
     contract for the procurement of military troop dining 
     services, other than contracts described in subsections (a) 
     and (b), shall be made according to the procedures provided 
     under this subsection.
       (2) As soon as practicable before the date for commencement 
     of the performance of a contract to which this subsection 
     applies, but not less than 180 days before such date, the 
     procuring official shall transmit to the Commissioner of the 
     Rehabilitation Services Administration of the Department of 
     Education a notification of the proposed contract.
       (3) Upon the receipt of a notification of a proposed 
     contract for the procurement of military troop dining 
     services under paragraph (2), the Commissioner shall timely 
     determine whether one or more State licensing agencies 
     request that the contract be awarded in compliance with the 
     Randolph-Sheppard Act. If the Commissioner timely receives 
     such a request, the procurement shall be conducted in a 
     manner that applies the priority provided to State licensing 
     agencies under the Randolph-Sheppard Act. If the Commissioner 
     does not timely receive such a request, the procurement shall 
     be conducted under applicable law, including the Javits-
     Wagner-O'Day Act. The procuring official shall prescribe the 
     time requirements for determinations and requests under this 
     paragraph in relation to performance requirements.
       (4) If, in accordance with section 3 of the Javits-Wagner-
     O'Day Act, a qualified nonprofit agency for the blind or a 
     qualified nonprofit agency for other severely handicapped 
     enters into a contract for the procurement of military troop 
     dining services to which this subsection applies, then the 
     Randolph-Sheppard Act does not apply to the performance of 
     the services covered by that contract, but only for so long 
     as that contract is in effect, including for any period for 
     which the contract is extended pursuant to an option provided 
     in the contract.
       (d) Geographic Applicability.--This section applies to a 
     contract for the procurement of military troop dining 
     services to be provided at a military installation in a 
     State, the Commonwealth of Puerto Rico, or any territory or 
     possession of the United States, including a contract for the 
     procurement of military troop dining services that are to be 
     provided in more than one State.
       (e) Definitions.--In this section:
       (1) The term ``military troop dining services'' means any 
     services related to the provision of Government-furnished 
     meals to members of the Armed Forces, including meals 
     provided in a military mess hall, a military troop dining 
     facility, or any similar dining facility operated for the 
     purpose of providing meals to members of the Armed Forces.
       (2) The term ``State licensing agency'' means an agency 
     designated under section 2(a)(5) of the Randolph-Sheppard Act 
     (20 U.S.C. 107a(a)(5)).
       (3) The terms ``qualified nonprofit agency for the blind'' 
     and ``qualified nonprofit agency for other severely 
     handicapped'' have the meanings given such terms in section 5 
     of the Javits-Wagner-O'Day Act (41 U.S.C. 48b).
       (f) Repeal of Superseded Law.--Section 852 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1556) is repealed.
                                 ______
                                 
  SA 3326. Mr. GRAHAM of South Carolina submitted an amendment intended 
to be proposed by him to the bill S. 2400, to authorize appropriations 
for fiscal year 2005 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Services, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 221, between the matter following line 17 and line 
     18, insert the following:

     SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

       (a) Department of the Army.--(1) Section 3019(b) of title 
     10, United States Code, is amended by striking ``The General 
     Counsel''

[[Page 11630]]

     and inserting ``Subject to sections 806 and 3037 of this 
     title, the General Counsel''.
       (2)(A) Section 3037 of such title is amended to read as 
     follows:

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

       ``(a) Position of Judge Advocate General.--There is a Judge 
     Advocate General in the Army, who is appointed by the 
     President, by and with the advice and consent of the Senate, 
     from officers of the Judge Advocate General's Corps. The term 
     of office is four years, but may be sooner terminated or 
     extended by the President. An appointee who holds a lower 
     regular grade shall be appointed in the regular grade of 
     lieutenant general.
       ``(b) Appointment.--The Judge Advocate General of the Army 
     shall be appointed from those officers who at the time of 
     appointment are members of the bar of a Federal court or the 
     highest court of a State or Territory, and who have had at 
     least eight years of experience in legal duties as 
     commissioned officers.
       ``(c) Duties.--The Judge Advocate General, in addition to 
     other duties prescribed by law--
       ``(1) is the legal adviser of the Secretary of the Army, 
     the Chief of Staff of the Army, and the Army Staff, and of 
     all officers and agencies of the Department of the Army;
       ``(2) shall direct and supervise the members of the Judge 
     Advocate General's Corps and civilian attorneys employed by 
     the Department of the Army (other than those assigned or 
     detailed to the Office of the General Counsel of the Army) in 
     the performance of their duties;
       ``(3) shall direct and supervise the performance of duties 
     under chapter 47 of this title (the Uniform Code of Military 
     Justice) by any member of the Army;
       ``(4) shall receive, revise, and have recorded the 
     proceedings of courts of inquiry and military commissions; 
     and
       ``(5) shall perform such other legal duties as may be 
     directed by the Secretary of the Army.
       ``(d) Position of Assistant Judge Advocate General.--There 
     is an Assistant Judge Advocate General in the Army, who is 
     appointed by the President, by and with the advice and 
     consent of the Senate, from officers of the Army who have the 
     qualifications prescribed in subsection (b) for the Judge 
     Advocate General. The term of office of the Assistant Judge 
     Advocate General is four years, but may be sooner terminated 
     or extended by the President. An officer appointed as 
     Assistant Judge Advocate General who holds a lower regular 
     grade shall be appointed in the regular grade of major 
     general.
       ``(e) Appointments Recommended by Selection Boards.--Under 
     regulations prescribed by the Secretary of Defense, the 
     Secretary of the Army, in selecting an officer for 
     recommendation to the President under subsection (a) for 
     appointment as the Judge Advocate General or under subsection 
     (d) for appointment as the Assistant Judge Advocate General, 
     shall ensure that the officer selected is recommended by a 
     board of officers that, insofar as practicable, is subject to 
     the procedures applicable to selection boards convened under 
     chapter 36 of this title.''.
       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 305 of such title is 
     amended to read as follows:

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

       (b) Department of the Navy.--(1) Section 5019(b) of title 
     10, United States Code, is amended by striking ``The General 
     Counsel'' and inserting ``Subject to sections 806 and 5148 of 
     this title, the General Counsel''.
       (2) Section 5148 of such title is amended--
       (A) in subsection (b), by striking the fourth sentence and 
     inserting the following: ``The Judge Advocate General, while 
     so serving, has the grade of vice admiral or lieutenant 
     general, as appropriate.''; and
       (B) in subsection (d)--
       (i) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (ii) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) direct and supervise the members of the Judge 
     Advocate General's Corps in the performance of their 
     duties;''.
       (c) Department of the Air Force.--(1) Section 8019(b) of 
     title 10, United States Code, is amended by striking ``The 
     General Counsel'' and inserting ``Subject to sections 806 and 
     8037 of this title, the General Counsel''.
       (2) Section 8037 of such title is amended--
       (A) in subsection (a), by striking the third sentence and 
     inserting the following: ``The Judge Advocate General, while 
     so serving, has the grade of lieutenant general.''; and
       (B) in subsection (c)--
       (i) by striking ``General shall,'' in the matter preceding 
     paragraph (1) and inserting ``General,'';
       (ii) by redesignating paragraphs (1) and (2) as paragraphs 
     (4) and (5), respectively, and, in each such paragraph, by 
     inserting ``shall'' before the first word; and
       (iii) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(1) is the legal adviser of the Secretary of the Air 
     Force, the Chief of Staff of the Air Force, and the Air 
     Staff, and of all officers and agencies of the Department of 
     the Air Force;
       ``(2) shall direct and supervise the members of the Air 
     Force designated as judge advocates and civilian attorneys 
     employed by the Department of the Air Force (other than those 
     assigned or detailed to the Office of the General Counsel of 
     the Air Force) in the performance of their duties;
       ``(3) shall direct and supervise the performance of duties 
     under chapter 47 of this title (the Uniform Code of Military 
     Justice) by any member of the Air Force;''.
       (d) Exclusion From Limitation on General and Flag Officer 
     Distribution.--Section 525(b) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(9) An officer while serving as the Judge Advocate 
     General of the Army, the Judge Advocate General of the Navy, 
     or the Judge Advocate General of the Air Force is in addition 
     to the number that would otherwise be permitted for that 
     officer's armed force for officers serving on active duty in 
     grades above major general or rear admiral under paragraph 
     (1) or (2), as the case may be.''.
                                 ______
                                 
  SA 3327. Mr. DASCHLE 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 in the bill, add the following:

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

       (a) Report Required.--(1) Not later than 120 days after the 
     date of enactment of this Act, the Secretary of Defense shall 
     submit a report on the need for one or more national centers 
     of excellence for unmanned aerial vehicles to the 
     congressional defense committees.
       (b) Purpose of Centers.--(1) The goal of national centers 
     for excellence shall be to promote inter-service cooperation 
     and coordination in the following areas:
       (A) development of doctrine for the use of unmanned aerial 
     vehicles;
       (B) joint procurement, or, where not possible, maximization 
     of shared platforms and components;
       (C) identification and coordination, in conjunction with 
     private sector and academia, of research priorities for 
     future development of unmanned aerial vehicles;
       (D) monitoring the development and utilization of unmanned 
     aerial vehicles in other nations for both military and non-
     military purposes; and
       (E) identification and development of needed UAV 
     specialists
       (c) Report Requirements.--(1) The report shall include at a 
     minimum:
       (A) a list of facilities where the Defense Department 
     currently conducts or plans to conduct research, development, 
     and testing activities on unmanned aerial vehicles;
       (B) a list of facilities where the Defense Department 
     currently deploys or has committed to deploying unmanned 
     aerial vehicles;
       (C) extent to which existing facilities listed in (A) and 
     (B) above have sufficient unused capacity and expertise to 
     research, develop, test, and deploy the next generation of 
     unmanned aerial vehicles;
       (D) extent to which efficiencies on research, development, 
     testing, and deployment of existing or future unmanned aerial 
     vehicles can be achieved through consolidation at one or more 
     national centers of excellence for unmanned aerial vehicles;
       (E) a list of potential locations for national centers of 
     excellence. When considering potential locations for these 
     centers, the report should take into consideration existing 
     Air Force facilities which possess skilled personnel, 
     existing capacity of runways and other facilities to 
     accommodate the research, testing, and deployment of current 
     and future unmanned aerial vehicles, and minimal restrictions 
     on the research, development, and testing of unmanned aerial 
     vehicles caused by proximity to large population centers or 
     airspace heavily utilized by commercial flights.
                                 ______
                                 
  SA 3328. Mr. DASCHLE 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:

[[Page 11631]]



     SEC. 1068. ATTRITION RESERVE FOR B-1 BOMBER AIRCRAFT FLEET.

       The Secretary of the Air Force shall maintain 3 additional 
     B-1 bomber aircraft, in addition to the current fleet of 67 
     B-1 bomber aircraft, as an attrition reserve for the B-1 
     bomber aircraft fleet.
                                 ______
                                 
  SA 3329. Mr. DASCHLE 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 48, between lines 7 and 8, insert the following:

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

       Of the amount authorized to be appropriated for the Defense 
     Health Program for research, development, test, and 
     evaluation under section 303(a)(2), $10,000,000 shall be 
     available for the Military Infectious Diseases Research 
     Program for research and advanced development of products to 
     improve the prevention, diagnosis, and treatment of 
     leishmaniasis.
                                 ______
                                 
  SA 3330. Mr. DASCHLE 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. AUTHORITY TO MAKE AVAILABLE TO INDIAN TRIBES EXCESS 
                   NONLETHAL SUPPLIES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Authority.--Subsection (a) of section 2557 of title 10, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3) The Secretary of Defense may make available to any 
     Indian tribe any nonlethal excess supplies of the Department 
     of Defense.''.
       (b) Distribution.--Subsection (b) of such section is 
     amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Excess supplies made available to Indian tribes under 
     this section shall be provided directly to such tribes in 
     accordance with such procedures as the Secretary of Defense 
     shall establish.''.
       (c) Definition of Indian Tribe.--Subsection (d) of such 
     section is amended by adding at the end the following new 
     paragraph:
       ``(3) The term `Indian tribe' means any recognized Indian 
     tribe included on the current list published by the Secretary 
     of the Interior under section 104 of the Federally Recognized 
     Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).''.
       (d) Conforming and Clerical Amendments.--(1) The heading of 
     such section is amended to read as follows:

     ``Sec. 2557. Excess nonlethal supplies: availability for 
       homeless veterans initiatives, humanitarian relief, and 
       Indian tribes''.

       (2) The table of sections at the beginning of chapter 152 
     of title 10, United States Code, is amended by striking the 
     item relating to section 2557 and inserting the following new 
     item:

``2557. Excess nonlethal supplies: availability for homeless veterans 
              initiatives, humanitarian relief, and Indian tribes.''.
                                 ______
                                 
  SA 3331. Mr. DASCHLE 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 24, between lines 9 and 10, insert the following:

     SEC. 133. B-1B BOMBER AIRCRAFT.

       (a) Minimum Force Level.--The Secretary shall maintain a 
     fleet of 77 B-1B bomber aircraft in active service.
       (b) Funding.--(1) The amount authorized to be appropriated 
     under section 103(1) is hereby increased by $95,800,000 to be 
     available for restoration of 10 B-1B bomber aircraft to the 
     fleet of B-1B bomber aircraft in active service.
       (2) The amount authorized to be appropriated under section 
     301(4) is hereby increased by $149,900,000 to be available 
     for operation and maintenance of the fleet of 
     B-1B bomber aircraft.
                                 ______
                                 
  SA 3332. Mr. DASCHLE 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 in the bill, add the following:

     SECTION 1. IMPACT AID.

       Section 8003(b)(2) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703(b)(2)) is amended by 
     adding at the end the following:
       ``(I) Average daily attendance determination.--
       ``(i) In general.--For the purpose of determining the 
     eligibility for and amount of a basic support payment made 
     under this paragraph for a heavily impacted local educational 
     agency described in clause (ii), the Secretary shall 
     calculate the number of children who were in average daily 
     attendance in the schools of such agency for a fiscal year by 
     multiplying--

       ``(I) the negotiated ratio described in clause (ii)(II); by
       ``(II) the number of such children for the preceding fiscal 
     year.

       ``(ii) Eligible heavily impacted local educational 
     agencies.--A heavily impacted local educational agency 
     referred to in clause (i) is a heavily impacted local 
     educational agency--

       ``(I) that does not collect average daily attendance data 
     for purposes of distributing State education assistance; and
       ``(II) for which the Secretary has approved a negotiated 
     ratio for purposes of calculating a basic support payment 
     under paragraph (1).''.

                                 ______
                                 
  SA 3333. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) Monthly Accounting.--Not later than 30 days after the 
     end of each month, the Secretary of Defense shall submit to 
     the chairmen and ranking members of the Committees on Armed 
     Services of the Senate and the House of Representatives and 
     to all the members of the Committees on Appropriations of the 
     Senate and the House of Representatives, for such month for 
     each operation described in subsection (b), a full accounting 
     of all costs incurred for such operation during such month 
     and all amounts expended during such month for such 
     operation, and the purposes for which such costs were 
     incurred and such amounts were expended.
       (b) Operations Covered.--The operations referred to in 
     subsection (a) are as follows:
       (1) Operation Iraqi Freedom.
       (2) Operation Enduring Freedom.
       (3) Operation Noble Eagle.
       (4) Any other operation that the President designates as 
     being an operation of the Global War on Terrorism.
       (c) Requirement for Comprehensiveness.--For the purpose of 
     providing a full and complete accounting of the costs and 
     expenditures under subsection (a) for operations described in 
     subsection (b), the Secretary shall account in the monthly 
     submission under subsection (a) for all costs and 
     expenditures that are reasonably attributable to such 
     operations, including personnel costs.
                                 ______
                                 
  SA 3334. Ms. CANTWELL 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 247, between lines 13 and 14, insert the following:

     SEC. 1022. REPORT ON GLOBAL POVERTY AND NATIONAL SECURITY.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this

[[Page 11632]]

     Act, the Secretary of Defense shall submit to Congress a 
     report on global poverty and national security.
       (b) Content.--The report required by subsection (a) shall 
     include--
       (1) an evaluation of the impact of global poverty and the 
     barriers to sustainable development and political stability 
     in developing countries, including the effects of--
       (A) the human immunodeficiency virus (HIV), the acquired 
     immune deficiency syndrome (AIDS), tuberculosis, malaria, and 
     other diseases;
       (B) unemployment;
       (C) hunger;
       (D) illiteracy;
       (E) the status of women;
       (F) internally displaced persons and refugees; and
       (G) environmental degradation;
       (2) a description of the direct and indirect relationships 
     between global poverty and the most important barriers to 
     sustainable development and political stability, including 
     the relationship between such barriers and civil conflict, 
     regional instability, the war on terrorism, the national 
     security interests of the United States, and global 
     stability; and
       (3) the recommendations of the Secretary of Defense, if 
     any, for addressing the barriers to sustainable development 
     and political stability in developing countries, including 
     such barriers described in subparagraphs (A) through (G) of 
     paragraph (1), including recommendations for--
       (A) the appropriate role of the Department of Defense in 
     addressing such barriers;
       (B) the appropriate role of other departments or agencies 
     of the Federal Government in addressing such barriers;
       (C) organizational changes to improve the ability of the 
     Department of Defense or other departments or agencies of the 
     Federal Government to address such barriers; and
       (D) methods or organizational arrangements to coordinate 
     actions to address such barriers among the Federal 
     Government, nongovernmental organizations, foreign countries, 
     and international organizations.
       (c) Requirement to Consult.--The Secretary of Defense shall 
     consult with the head of each appropriate department or 
     agency of the Federal Government in preparing the report 
     required by subsection (a).
                                 ______
                                 
  SA 3335. Mr. LIEBERMAN 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 C of title X, add the following:

     SEC. 1022. REPORT ON CAPACITIES OF UNITED NATIONS AND 
                   REGIONAL GOVERNMENTAL ORGANIZATIONS TO CONDUCT 
                   STABILIZATION AND POST-CONFLICT OPERATIONS.

       (a) Study on Capacities.--The Secretary of Defense shall, 
     in coordination with the Secretary of State, conduct a study 
     assessing the capacities of the United Nations and regional 
     organizations of governments to contribute to stabilization 
     and post-conflict operations.
       (b) Matters To Be Included in Study.--The study under 
     subsection (a) shall specifically--
       (1) assess the capacity of each existing and proposed 
     regional security initiative in Latin America, Africa, Asia, 
     and Europe to train and deploy military or civilian units for 
     international peace operations or stabilization operations;
       (2) evaluate the policies, programs, and strategies of the 
     United States Government regarding each regional security 
     initiative referred to in paragraph (1);
       (3) assess whether international capacities for 
     stabilization and post-conflict operations could be enhanced 
     by the provision of training, equipment, or logistical 
     support to regional security forces in Africa (as opposed to 
     training, equipment, or logistical support provided on a 
     strictly bilateral basis);
       (4) evaluate the efficacy of the United Nations Stand-By 
     Arrangements System, including the costs and benefits of the 
     United States upgrading its participation in the Stand-By 
     Arrangements System to a level higher than level 1;
       (5) identify means of improving international constabulary 
     and civilian policing capabilities, including through the 
     development of joint projects with other nations that would--
       (A) identify areas in which the recruitment of personnel 
     and expertise in the rule of law for peacekeeping operations 
     is insufficient; and
       (B) develop a standardized certification process for 
     nations to verify that individuals who serve as civilian 
     police in operations carried out by the United Nations have 
     the skills required to effectively carry out such operations; 
     and
       (6) identify the incidences in which the United States has 
     sought a waiver under paragraphs (1) and (2) of section 10(a) 
     of the United Nations Participation Act of 1945 (22 U.S.C. 
     287e-2(a)) and analyze whether such instances have impacted 
     United States ability to provide timely or effective support 
     to multinational peace operations.
       (c) Report on Study.--Not later than March 15, 2005, the 
     Secretary of Defense shall, in coordination with the 
     Secretary of State, submit to the appropriate committees of 
     Congress a report on the result of the study conducted under 
     this section.
       (d) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committees on Armed Services and Foreign Relations 
     of the Senate; and
       (B) the Committees on Armed Services and International 
     Relations of the House of Representatives
       (2) The term ``regional security initiative'' means a 
     coordinated effort of a regional or subregional governmental 
     organization to organize, train, or equip the armed forces or 
     civilian assets of the countries in such region or subregion 
     for the purpose of increasing the capacity of such countries 
     to undertake peacekeeping missions, peace support operations, 
     or stabilization operations.
                                 ______
                                 
  SA 3336. Mr. LEVIN 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 D of title XXVIII, add the 
     following:

     SEC. 2844. DEMOLITION OF FACILITIES AND IMPROVEMENTS ON 
                   CERTAIN INSTALLATIONS APPROVED FOR CLOSURE 
                   UNDER THE DEFENSE BASE CLOSURE OR REALIGNMENT 
                   PROCESS.

       (a) Authority To Demolish.--Notwithstanding any other 
     provision of law, the Secretary of the military department 
     concerned may demolish or provide for the demolition of any 
     facilities or other improvements on real property at an 
     installation approved for closure under any round of defense 
     base closure and realignment under the Defense Base Closure 
     and Realignment Act of 1990 (part A of title XXIX of Public 
     Law 101-510; 10 U.S.C. 2687 note) if such real property is 
     located at a military installation in a rural area portions 
     of which were transferred or designated for transfer under 
     section 2905(b)(4)(B)(ii) of the Defense Base Closure and 
     Realignment Act of 1990, as amended by section 2903(b) of the 
     National Defense Authorization Act for Fiscal Year 1994 (107 
     Stat. 1911).
       (b) Requirement for Application.--Facilities or 
     improvements may be demolished under subsection (a) only upon 
     application by the redevelopment authority concerned or 
     another official representative of the community to which 
     real property concerned was or will be transferred.
       (c) Funding.--Amounts in the Department of Defense Base 
     Closure Account 1990 established by section 2906(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 shall be 
     available for the demolition of facilities and improvements 
     under this section.
                                 ______
                                 
  SA 3337. Mr. LEVIN 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 C of title X, add the following:

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

       (a) Report Required.--(1) Not later than March 31, 2005, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the conduct of military 
     operations during the post-major combat operations phase of 
     Operation Iraqi Freedom.
       (2) The report shall be prepared in consultation with the 
     Chairman of the Joint Chiefs of Staff, the Commander of the 
     United States Central Command, and such other officials as 
     the Secretary considers appropriate.
       (b) Content.--(1) The report shall include a discussion of 
     the matters described in paragraph (2), with a particular 
     emphasis on accomplishments and shortcomings and on near-term 
     and long-term corrective actions to address such 
     shortcomings.
       (2) The matters to be discussed in the report are as 
     follows:
       (A) The military and political objectives of the 
     international coalition conducting the

[[Page 11633]]

     post-major combat operations phase of Operation Iraqi 
     Freedom, and the military strategy selected to achieve such 
     objectives, together with an assessment of the execution of 
     the military strategy.
       (B) The mobilization process for the reserve components of 
     the Armed Forces, including the timeliness of notification, 
     training and certification, and subsequent demobilization.
       (C) The use and performance of major items of United States 
     military equipment, weapon systems, and munitions (including 
     items classified under special access procedures and items 
     drawn from prepositioned stocks) and any expected effects of 
     the experience with the use and performance of such items on 
     the doctrinal and tactical employment of such items and on 
     plans for continuing the acquisition of such items.
       (D) Any additional requirements for military equipment, 
     weapon systems, munitions, force structure, or other 
     capability identified during the post-major combat operations 
     phase of Operation Iraqi Freedom, including changes in type 
     or quantity for future operations.
       (E) The effectiveness of joint air operations, together 
     with an assessment of the effectiveness of--
       (i) the employment of close air support; and
       (ii) attack helicopter operations.
       (F) The use of special operations forces, including 
     operational and intelligence uses.
       (G) The scope of logistics support, including support from 
     other nations and from international organizations and 
     organizations and individuals from the private sector in 
     Iraq.
       (H) The incidents of accidental fratricide, including a 
     discussion of the effectiveness of the tracking of friendly 
     forces and the use of the combat identification systems in 
     mitigating friendly fire incidents.
       (I) The adequacy of spectrum and bandwidth to transmit 
     information to operational forces and assets, including 
     unmanned aerial vehicles, ground vehicles, and individual 
     soldiers.
       (J) The effectiveness of strategic, operational, and 
     tactical information operations, including psychological 
     operations and assets, organization, and doctrine related to 
     civil affairs, in achieving established objectives, together 
     with a description of technological and other restrictions on 
     the use of information operations capabilities.
       (K) The effectiveness of the reserve component forces used 
     in the post-major combat operations phase of Operation Iraqi 
     Freedom.
       (L) The adequacy of intelligence support before and during 
     the post-major combat operations phase of Operation Iraqi 
     Freedom, including the adequacy of such support in searches 
     for weapons of mass destruction.
       (M) The rapid insertion and integration, if any, of 
     developmental but mission-essential equipment, organizations, 
     or procedures during the post-major combat operations phase 
     of Operation Iraqi Freedom.
       (N) The adequacy of coordination, communication, and unity 
     of effort between the Armed Forces, the Coalition Provisional 
     Authority, other United States government agencies and 
     organizations, nongovernmental organizations, and political, 
     security, and nongovernmental organizations of Iraq.
       (O) The role and performance of all contracting and 
     subcontracting operations and contractor support.
       (P) The adequacy of training for military units once 
     deployed to the United States Central Command, including 
     training for changes in unit mission and continuation 
     training for high-intensity conflict missions.
       (Q) An assessment of the funding required to return or 
     replace equipment used to date in Operation Iraqi Freedom, 
     including equipment in prepositioned stocks, to mission-ready 
     condition, and an identification of the assumptions used to 
     formulate the assessment.
       (R) The effectiveness of military civil affairs and 
     reconstruction efforts, including through the Commanders 
     Emergency Response Program.
       (S) The adequacy of the requirements determination and 
     acquisition processes, acquisition, and distribution of force 
     protection equipment, including personal gear, vehicles, 
     helicopters, and defense devices.
       (T) The most critical lessons learned that could lead to 
     long-term doctrinal, organizational, and technological 
     changes, and the probable effects that an implementation of 
     those changes would have on current visions, goals, and plans 
     for transformation of the Armed Forces or the Department of 
     Defense.
       (c) Form of Report.--The report shall be submitted in 
     unclassified form, but may include a classified annex.
       (d) Post-Major Combat Operations Phase of Operation Iraqi 
     Freedom Defined.--In this section, the term ``post-major 
     combat operations phase of Operation Iraqi Freedom'' means 
     the period of Operation Iraqi Freedom beginning on May 2, 
     2003, and ending on December 31, 2004.
                                 ______
                                 
  SA 3338. Mr. LEVIN 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 E of title X, add the following:

     SEC. 1044. REALLOCATION OF FUNDS FOR GROUND-BASED MIDCOURSE 
                   DEFENSE PROGRAM INTERCEPTORS TO HOMELAND 
                   DEFENSE AND COMBATING TERRORISM.

       (a) Reduction.--Notwithstanding any other provision of this 
     Act, the total amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities, is hereby reduced by 
     $515,500,000, with the amount of the reduction to be 
     allocated to amounts available for the Missile Defense Agency 
     for Ground-based Midcourse interceptors.
       (b) Allocation of Increase.--In addition to amounts 
     otherwise authorized to be appropriated in this Act--
       (1) the amount authorized to be appropriated by section 
     3101(a)(2) for the National Nuclear Security Administration 
     for defense nuclear nonproliferation activities is hereby 
     increased by $210,800,000, with the amount of the increase to 
     be allocated to the Global Threat Reduction Initiative;
       (2) the amount authorized to be appropriated by section 
     201(3) for research, development, test, and evaluation for 
     the Air Force is hereby increased by $50,000,000, with the 
     amount of the increase to be allocated to North American 
     Aerospace Defense (NORAD) for low-altitude threat detection 
     and response technology;
       (3) the amount authorized to be appropriated by section 
     301(4) for operation and maintenance for the Air Force is 
     hereby increased by $13,300,000, with the amount of the 
     increase to be allocated to Northern Command consequence 
     management networks to facilitate military support to civil 
     authorities;
       (4) the amount authorized to be appropriated by this Act is 
     increased by $130,000,000 for domestic installations 
     Antiterrorism/Force Protection and Anti-
     terrorism/Force Protection exercises and training identified 
     by Northern Command, with authorizations of appropriations to 
     be increased so that--
       (A) the amount authorized to be appropriated by section 
     301(1) for operation and maintenance for the Army is 
     increased by $19,000,000;
       (B) the amount authorized to be appropriated by section 
     301(6) for operation and maintenance for the Army Reserve is 
     increased by $15,000,000; and
       (C) the amount authorized to be appropriated by section 
     301(10) for operation and maintenance for the Army National 
     Guard is increased by $96,000,000;
       (5) the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide activities, is hereby increased by $15,000,000, 
     with the amount of the increase to be allocated to the 
     Combating Terrorism Technology Support Working Group for 
     programs to detect explosives at stand-off distances, blast 
     mitigation, and information security; and
       (6) the amount authorized to be appropriated by section 
     3101(a)(2) for the National Nuclear Security Administration 
     for defense nuclear nonproliferation activities is hereby 
     increased by $30,000,000, with the amount of the increase to 
     be allocated to the megaports program;
       (7) the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide activities, is hereby increased by $15,000,000, 
     with the amount of the increase to be allocated to the 
     Defense Threat Reduction Agency for Weapons of Mass 
     Destruction Defeat Technologies-Radiation/Nuclear Detection;
       (8) the amount authorized to be appropriated by section 
     3101(a)(2) for the National Nuclear Security Administration 
     for defense nuclear nonproliferation activities is hereby 
     increased by $20,000,000, with the amount of the increase to 
     be allocated to basic research on radiation and other 
     standoff detection devices, and for stand-off explosive 
     detection;
       (9) the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation, 
     Defense-wide activities, is hereby increased by $10,000,000, 
     with the amount of the increase to be allocated to the 
     Chemical-Biological Defense Program for Chemical Agent 
     Standoff Detection; and
       (10) the amount authorized to be appropriated by section 
     301(2) for operation and maintenance for the Navy is hereby 
     increased by $21,400,000, with the amount of the increase to 
     be allocated to Chemical/Biological Detection Equipment for 
     Explosive Ordnance Disposal detachments and chemical-
     biological protective equipment for Navy and Marine Corps 
     aircrews.
                                 ______
                                 
  SA 3339. Mr. LEVIN 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,

[[Page 11634]]

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 division B, add the following:

                  TITLE XXXIV--MARITIME ADMINISTRATION

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

       Section 3542(d) of the Maritime Security Act of 2003 (title 
     XXXV of Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101 
     note) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) shall give priority consideration to a proposal 
     submitted by an applicant who has been accepted for 
     participation in the Shipboard Technology Evaluation Program 
     as outlined in Navigation and Vessel Inspection Circular 01-
     04, issued by the Commandant of the United States Coast Guard 
     on January 2, 2004; and''.
                                 ______
                                 
  SA 3340. Mr. LEVIN (for himself and Mrs. Feinstein) 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 D of title XXVIII, add the 
     following:

     SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND BASE REUSE 
                   AUTHORITY AND REDEVELOPMENT AGENCY OF THE CITY 
                   OF OAKLAND, CALIFORNIA.

       (a) Authority.--The Secretary of the Navy may pay funds as 
     agreed to by both parties, in the amount of $2,100,000, to 
     the Oakland Base Reuse Authority and Redevelopment Agency of 
     the City of Oakland, California, in settlement of Oakland 
     Base Reuse Authority and Redevelopment Agency of the City of 
     Oakland v. the United States, Case No. C02-4652 MHP, United 
     States District Court, Northern District of California, 
     including any appeal.
       (b) Consideration.--As consideration, the Oakland Base 
     Reuse Authority and Redevelopment Agency shall agree that the 
     payment constitutes a final settlement of all claims against 
     the United States related to said case and give to the 
     Secretary a release of all claims to the eighteen officer 
     housing units located at the former Naval Medical Center 
     Oakland, California. The release shall be in a form that is 
     satisfactory to the Secretary.
       (c) Source of Funds.--The Secretary may use funds in the 
     Department of Defense Base Closure Account 1990 established 
     pursuant to section 2906 of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for the payment authorized by 
     subsection (a) or the proceeds of sale from the eighteen 
     housing units and property described in subsection (b).
                                 ______
                                 
  SA 3341. Mr. LEVIN 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 41, between lines 4 and 5, insert the following:

     SEC. 313. AMOUNT FOR REPAIR AND RESTORATION OF ARMY 
                   EQUIPMENT.

       Of the amount authorized to be appropriated under section 
     301(1), $557,000,000 shall be available for repair and 
     restoration of Army equipment used in Operation Iraqi Freedom 
     and Operation Enduring Freedom.
                                 ______
                                 
  SA 3342. Mr. REID (for himself and Mr. Lieberman) 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 title XI add the following:

     SEC. 1107. FULL IMPLEMENTATION OF CERTAIN PERSONNEL 
                   MANAGEMENT AUTHORITIES RELATING TO DEPARTMENT 
                   OF DEFENSE LABORATORIES.

       (a) Independent Assessment.--The Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall enter into a 
     contract with an appropriate person or entity in the private 
     sector to provide for an assessment of various means by which 
     the personnel management authorities referred to in 
     subsection (b) may be best implemented at the Department of 
     Defense laboratories covered by such authorities in order to 
     achieve the objectives as follows:
       (1) To increase the mission responsiveness, efficiency, and 
     effectiveness of such laboratories.
       (2) To make such laboratories fully competitive with their 
     industrial, academic, and foreign counterparts.
       (b) Personnel Authorities.--The personnel authorities 
     referred to in this subsection are as follows:
       (1) The personnel management authorities applicable to 
     Department of Defense science and technology laboratories 
     under the personnel demonstration projects carried out 
     pursuant to section 342(b) of the National Defense 
     Authorization Act for Fiscal Year 1995 (Public Law 103-337; 
     108 Stat. 2721), as amended by section 1114 of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398 (114 Stat. 
     1654A-315)).
       (2) The special personnel management authorities for 
     research and development projects administered by the Defense 
     Advanced Research Projects Agency under section 1101 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note).
       (3) The National Security Personnel System under section 
     9902 of title 5, United States Code, with respect to the 
     laboratories referred to in subsection (c)(2) of such 
     section.
       (c) Implementation Plan.--(1) The Under Secretary shall 
     develop a plan to implement fully the authorities referred to 
     in subsection (b) in order to achieve the objectives 
     specified in subsection (a).
       (2) The Under Secretary may include in the plan 
     recommendations for such modifications of the authorities 
     referred to in subsection (b), or such additional personnel 
     management authorities, as the Under Secretary considers 
     appropriate to achieve the objectives specified in subsection 
     (a).
       (3) The Under Secretary shall take into account the results 
     of the assessment under subsection (a) in carrying out this 
     subsection.
       (d) Submittal of Assessment and Plan to Congress.--(1) The 
     Under Secretary shall submit to Congress a report on the 
     assessment under subsection (a) not later than June 1, 2005.
       (2) The Under Secretary shall submit to Congress the 
     implementation plan developed under subsection (c) not later 
     than February 1, 2006.
                                 ______
                                 
  SA 3343. Ms. CANTWELL (for herself, Mr. Reid, and Mrs. Murray) 
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 408, between lines 9 and 10, insert the following:

     SEC. 3147. LIMITATION ON USE OF FUND FOR CONTRACT FOR 
                   NATIONWIDE MEDICAL SCREENING OF DEPARTMENT OF 
                   ENERGY WORKERS EXPOSED TO HAZARDOUS OR 
                   RADIOACTIVE SUBSTANCES.

       (a) Limitation.--The Secretary of Energy may not obligate 
     or expend any funds for the evaluation, award, execution, 
     implementation, or administration of a nationwide contract or 
     cooperative agreement for medical screening of Department of 
     Energy workers exposed to hazardous or radioactive substances 
     under the program under section 4643 of the Atomic Energy 
     Defense Act (50 U.S.C. 2733) until the accomplishment of each 
     of the following:
       (1) The Secretary of Energy enters into an agreement with 
     the Secretary of Health and Human Services through the 
     National Institute for Occupational Safety and Health on the 
     program as required by subsection (c) of such section.
       (2) The Secretary of Energy consults with the Director of 
     the National Institute for Occupational Safety and Health on 
     the means, methods, and implementation plans for medical 
     screening of such workers, as currently proposed by the 
     Secretary of Energy, in order to address--
       (A) the performance of site-specific hazard identification 
     and risk assessments to determine the appropriate methods and 
     means for identifying health affects;
       (B) the methods for ensuring the collaboration and 
     participation of workers and their representatives;
       (C) the establishment of local advisory committees of 
     individuals and stakeholder organizations with knowledge of 
     the site

[[Page 11635]]

     concerned or the ability to contribute to the appropriate 
     methods of screening, or both;
       (D) the participation of local health care providers with 
     knowledge and expertise in the field of occupational 
     medicine;
       (E) the implementation of site-specific education and 
     outreach to former workers;
       (F) physician independence in such medical screening;
       (G) requirements for ongoing medical evaluations under such 
     section;
       (H) early lung cancer detection using advanced technology; 
     and
       (I) lessons learned from medical screening pilot projects 
     previously conducted at Department of Energy facilities.
       (3) The Secretary of Energy consults with organizations 
     listed in subsection (b)(3) of such section on matters 
     relating to the program under subsection (b)(1) of such 
     section and paragraph (2) of this subsection.
       (4) The Secretary of Energy submits to the congressional 
     defense committees a report setting forth--
       (A) the assessment and recommendations of the Secretary of 
     Health and Human Services on the program, which assessment 
     and recommendations shall be based upon internal review and 
     peer review of the program by the National Institute of 
     Occupational Safety and Health;
       (B) the recommendations of the organizations listed in 
     subsection (b)(3) of such section;
       (C) a description of the manner in which the Secretary has 
     taken into account the recommendations of the National 
     Institute of Occupational Safety and Health and the 
     organizations listed in subsection (b)(3) of such section in 
     modifying program; and
       (D) the proposed schedule of the Secretary for a revised 
     request for applications for such contract or contracts for 
     medical screening, including a description of the manner in 
     which the revisions to the program, if any, conform to the 
     recommendations of the National Institute of Occupational 
     Safety and Health and the organizations listed in subsection 
     (b)(3) of such section.
       (b) Deadline for Report.--The report referred to in 
     subsection (a)(4) shall be submitted not later than 120 days 
     after the date of the enactment of this Act.
       (c) Existing Medical Screening Programs Unaffected.--
     Nothing in this section shall be construed to affect the 
     implementation of any medical screening program for former 
     workers exposed to hazardous or radioactive substances that 
     was in effect during fiscal year 2004.
                                 ______
                                 
  SA 3344. Mr. BYRD (for himself, Ms. Snowe, Mr. Kerry, Mr. Allen, 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:

       Beginning on page 167, strike line 6 and all that follows 
     through ``(4)'' on page 170, line 10, 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) Any current or projected shortages of a critical 
     technology (as defined in section 2500(6) of title 10, United 
     States Code), or the raw materials necessary for the 
     production of such technology, that could adversely affect 
     the national security of the United States.
       (D) The effects of domestic source restrictions on the 
     strength of the national technology and industrial base.
       (E) The effects of the policies and practices of United 
     States allies and trading partners on the national technology 
     and industrial base.
       (F) 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.
       (G) 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.
       (H) 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.
       (I) 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.
       (J) The role of small business concerns in strengthening 
     the national technology and industrial base.
       (e) Report.--Not later than March 1, 2007, the Commission 
     shall submit a report on its activities to the President and 
     Congress. The report shall include the following matters:
       (1) The findings and conclusions of the Commission.
       (2) The recommendations of the Commission for actions by 
     Federal Government officials to support the maintenance of a 
     robust national technology and industrial base in the 21st 
     century.
       (3) The recommendations of the Commission for addressing 
     shortages in critical technologies, and shortages of raw 
     materials necessary for the production of critical 
     technologies, that could adversely affect the national 
     security of the United States.
       (4) Any recommendations for legislation or changes in 
     regulations to support the implementation of the findings of 
     the Commission.
       (5)
                                 ______
                                 
  SA 3345. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 717. SCREENING FOR EXPOSURE TO DEPLETED URANIUM.

       (a) Personnel Being Deployed.--(1) The Secretary of Defense 
     shall require all members of the Armed Forces being deployed 
     to Afghanistan, Iraq, or elsewhere in the Persian Gulf region 
     to provide, prior to and immediately following such 
     deployment, a sample of urine solely for the purpose of 
     analysis under paragraph (2).
       (2) The Secretary shall promptly analyze each urine sample 
     provided under paragraph (1) by mass spectrometry to 
     determine--
       (A) the concentration of uranium in the urine; and
       (B) the ratios of--
       (i) uranium-238 to uranium-235;
       (ii) uranium-234 to uranium-238; and
       (iii) uranium-236 to uranium-238.
       (b) Personnel Previously Deployed.--(1) The Secretary of 
     Defense shall require each member of the Armed Forces who 
     departed for or returned from a deployment to Afghanistan, 
     Iraq, or elsewhere in the Persian Gulf region before the date 
     of the enactment of this Act to provide to the Secretary, as 
     soon as practicable, a urine sample solely for the purpose of 
     analysis under paragraph (2).
       (2) Not later than 30 days after the receipt of a sample 
     under paragraph (1), the Secretary shall subject the sample 
     to the analysis described in subsection (a)(2).
       (c) Followup Screening.--The Secretary shall provide health 
     screening at regular intervals for any member of the Armed 
     Forces who demonstrates--
       (1) a concentration of depleted uranium (as determined 
     under paragraph (2)(A) of subsection (a)) in the urine that--
       (A) in the case of a member providing samples under 
     paragraph (1) of such subsection, is significantly higher in 
     the sample provided after service in Afghanistan, Iraq, or 
     elsewhere in the Persian Gulf region than the corresponding 
     value for the sample provided by such member before the 
     service in Afghanistan, Iraq, or elsewhere in the Persian 
     Gulf region, as the case may be; or
       (B) in the case of a member providing a sample under 
     paragraph (1) of subsection (b),

[[Page 11636]]

     is significantly higher in the sample provided than in 
     samples provided by age-matched and gender-matched members of 
     the Armed Forces who have not served in Afghanistan, Iraq, or 
     elsewhere in the Persian Gulf or; or
       (2) a ratio of uranium isotopes (as determined under 
     paragraph (2)(B) of subsection (a)) that--
       (A) in the case of a member providing samples under 
     paragraph (1) of such subsection, is significantly different 
     in the sample provided after service in Afghanistan, Iraq, or 
     elsewhere in the Persian Gulf region than the corresponding 
     value for the sample provided by such member before the 
     service in Afghanistan, Iraq, or elsewhere in the Persian 
     Gulf region; or
       (B) in the case of a member providing a sample under 
     paragraph (1) of subsection (b), is significantly different 
     in the sample provided than in samples provided by age-
     matched and gender-matched members of the Armed Forces who 
     have not served in Afghanistan, Iraq, or elsewhere in the 
     Persian Gulf region.
       (d) Identification and Decontamination of Areas of High 
     Depleted Uranium Concentration.--(1) The Secretary of Defense 
     shall identify all areas in Iraq and Afghanistan in which 
     depleted uranium has been used.
       (2) For each area identified under paragraph (1), the 
     Secretary shall--
       (A) remove or otherwise decontaminate all soil contaminated 
     with depleted uranium;
       (B) remove any equipment that is radioactive;
       (C) prevent access of children and adults to the area; and
       (D) monitor the groundwater for contamination with depleted 
     uranium.
       (3) The Secretary shall award grants to independent 
     researchers to conduct ongoing epidemiological studies on--
       (A) cancers occurring in children in the areas identified 
     under paragraph (1); and
       (B) birth defects in children born in such areas.
                                 ______
                                 
  SA 3346. Mr. BINGAMAN 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. REDUCTION OF BARRIERS FOR HISPANIC-SERVING 
                   INSTITUTIONS IN DEFENSE CONTRACTS, DEFENSE 
                   RESEARCH PROGRAMS, AND OTHER MINORITY-RELATED 
                   DEFENSE PROGRAMS.

       Section 502(a)(5) of the Higher Education Act of 1965 (20 
     U.S.C. 1101a(a)(5)) is amended--
       (1) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (2) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (3) by striking subparagraph (C).
                                 ______
                                 
  SA 3347. Mr. HOLLINGS 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:

       Beginning on page 384, strike line 3 and all that follows 
     through page 385, line 21.
  SA 3348. Mr. HOLLINGS 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:

       Beginning on page 384, line 3, strike ``DEFENSE'' and all 
     that follows through page 385, line 21, and insert ``NATIONAL 
     ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY DEPARTMENT OF 
     ENERGY OF HIGH-LEVEL RADIOACTIVE WASTE.
       (a) Study Required.--The Secretary of Energy shall enter 
     into an arrangement with the National Research Council of the 
     National Academy of Sciences to carry out a study of the 
     plans of the Department of Energy to manage the waste streams 
     specified in subsection (b) that are not currently planned 
     for disposal in a high-level repository.
       (b) Covered Waste Streams.--The waste streams referred to 
     in subsection (a) are the streams of high-level radioactive 
     waste at--
       (1) the Savannah River Site, Aiken, South Carolina;
       (2) the Idaho National Engineering and Environmental 
     Laboratory, Idaho; and
       (3) the Hanford Site, Richland, Washington.
       (c) Elements of Study.--The study required under subsection 
     (a) shall evaluate--
       (1) the physical, chemical, and radiological 
     characteristics of the waste referred to in subsection (b), 
     including the waste proposed to be left indefinitely in 
     storage tanks;
       (2) the probability that such waste, if left indefinitely 
     in storage tanks, will leak into the environment and the 
     range of potential dangers such leakage would represent;
       (3) the plans of the Department of Energy for the disposal 
     of the high-level radioactive waste that the Department had 
     planned, before certain litigation in Federal district court 
     in 2003 on ``Waste Incidental to Reprocessing'', to 
     reclassify as low-level waste;
       (4) treatment and disposal alternatives to the plans 
     referred to in paragraph (3), including, for each such 
     alternative, assessments of the technology approaches and of 
     the implications with respect to cost, worker safety, and 
     long-term environmental and human health;
       (5) the adequacy of the plans referred to in subsection 
     (a), including Department of Energy Order No. 435.1, to 
     protect, for the long term, the environment and population 
     surrounding each site referred to in subsection (b); and
       (6) any other matters that the National Research Council 
     considers appropriate and directly related to the subject 
     matter of the study.
       (d) Recommendations Required.--In carrying out the study, 
     the National Research Council shall develop recommendations 
     relating to the subject matter of the study. The 
     recommendations shall include--
       (1) recommendations for improving the scientific basis for 
     managing the waste covered by the study, including 
     alternative criteria for determining what waste should be 
     managed as ``Waste Incidental to Reprocessing''; and
       (2) any other recommendations that the National Research 
     Council considers appropriate and directly related to the 
     subject matter of the study.
       (e) Reports.--The National Research Council shall submit to 
     the Secretary of Energy and the congressional defense 
     committees--
       (1) not later than six months after entering into the 
     arrangement required under subsection (a), an interim report 
     on the study with respect to the waste proposed to be left 
     indefinitely in storage tanks, including the tentative 
     findings, conclusions, and recommendations with respect to 
     such waste; and
       (2) not later than one year after entering into the 
     arrangement required under subsection (a), a final report on 
     the study, including all findings, conclusions, and 
     recommendations.
       (f) Provision of Information.--The Secretary of Energy 
     shall make available to the National Research Council all 
     information that the National Research Council considers 
     necessary to carry out, in a timely manner, its 
     responsibilities under this section.
       (g) Funding.--Of the amounts authorized to be appropriated 
     for fiscal year 2005 by section 3102 for environmental 
     management activities in carrying out programs necessary for 
     national security, $1,500,000 shall be available only for 
     carrying out the study required under this section.
                                 ______
                                 
  SA. 3349. Mr. HOLLINGS 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 365, between lines 18 and 19, insert the following:

     SEC. 2830. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, 
                   EQUIPMENT AND STORAGE YARD, CHARLESTON, SOUTH 
                   CAROLINA.

       Section 563(h) of the Water Resources Development Act of 
     1999 (Public Law 106-53; 113 Stat. 360) is amended to read as 
     follows:
       ``(h) Charleston, South Carolina.--
       ``(1) In general.--The Secretary may convey to the City of 
     Charleston, South Carolina all right, title, and interest of 
     the United States in and to a parcel of real property of the 
     Corps of Engineers, together with any improvements thereon, 
     that is known as the Equipment and Storage Yard and is 
     located on Meeting Street in Charleston, South Carolina, in 
     as-is condition.
       ``(2) Consideration.--As consideration for the conveyance 
     of property under paragraph (1), the City of Charleston, 
     South Carolina shall provide the United States, whether by 
     cash payment, exchange of property or facilities, or a 
     combination thereof, an amount that is not less than the fair 
     market value of

[[Page 11637]]

     the property conveyed, as determined by the Secretary.
       ``(3) Discharge of authority through division engineer, 
     south atlantic division.--The Division Engineer, South 
     Atlantic Division, may, on behalf of the United States, 
     execute deeds of conveyance and accept the consideration 
     described in paragraph (2) in connection with the conveyance 
     of property under paragraph (1).
       ``(4) Use of proceeds.--Amounts received as consideration 
     under this subsection may be used by the Corps of Engineers, 
     Charleston District--
       ``(A) to cover costs associated with the lease, purchase, 
     or construction of an office facility within the boundaries 
     of Charleston, Berkeley, and Dorchester Counties, South 
     Carolina, notwithstanding any requirements in the Plant 
     Replacement and Improvement Program (PRIP), or existing PRIP 
     balances;
       ``(B) to cover any of the costs previously incurred in 
     connection with the move of the District Headquarters of the 
     Charleston District; or
       ``(C) to cover any of the costs previously incurred in 
     connection with the Equipment and Storage Yard.''.
                                 ______
                                 
  SA 3350. Mr. REED 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 A of title XXVIII, add the 
     following:

     SEC. 2804. REPEAL OF LIMITATION ON BUDGET AUTHORITY FOR 
                   MILITARY FAMILY HOUSING PROJECTS UNDER 
                   ALTERNATIVE AUTHORITY FOR THE ACQUISITION AND 
                   IMPROVEMENT OF MILITARY HOUSING.

       Section 2883(g) of title 10, United States Code, is amended 
     by striking ``shall not exceed'' and all that follows and 
     inserting ``for the acquisition or construction of military 
     unaccompanied housing shall not exceed $150,000,000.''.
                                 ______
                                 
  SA 3351. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) Increase in Amount for Research, Development, Test, and 
     Evaluation, Navy.--The amount authorized to be appropriated 
     by section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby increased by $5,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, as increased by subsection 
     (a), $5,000,000 shall be available for Program Element PE 
     0604503N for the design, development, and testing of a 
     prototype littoral array system for operating submarines.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force is hereby reduced by $5,000,000, 
     with the amount of the reduction to be allocated to Program 
     Element PE 604421F for counterspace systems project A002.
                                 ______
                                 
  SA 3352. Mr. REED (for himself, Mr. Hagel, Mr. McCain, Mr. Corzine, 
Mr. Akaka, and Mr. Biden) 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 59, line 7, strike ``482,400'' and insert 
     ``502,400''.
                                 ______
                                 
  SA 3353. Mr. REED 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 33, after line 25, insert the following:

     SEC. 224. LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS 
                   FOR GROUND-BASED MIDCOURSE DEFENSE PROGRAM 
                   PENDING SUBMISSION OF OPERATIONAL TEST REPORT.

       Of the amount authorized to be appropriated for fiscal year 
     2005 by section 201(4) for research, development, test, and 
     evaluation, Defense-wide, and available for the Missile 
     Defense Agency for Ground-based Midcourse interceptors, and 
     long-lead items for such interceptors, $550,500,000 may not 
     be obligated or expended until the occurrence of each of the 
     following:
       (1) The Director of Operational Test and Evaluation has 
     approved, in writing, the adequacy of the plans (including 
     the projected level of funding) for operational test and 
     evaluation to be conducted in connection with the Ground-
     based Midcourse Defense program in accordance with section 
     2399(b)(1) of title 10, United States Code.
       (2) Initial operational test and evaluation of the program 
     is completed in accordance with section 2399(a)(1) of such 
     title.
       (3) The Director of Operational Test and Evaluation has 
     submitted to the Secretary of Defense and the congressional 
     defense committees a report stating whether the test and 
     evaluation performed were adequate and whether the results of 
     the test and evaluation confirm that the Ground-based 
     Midcourse Defense system is effective and suitable for 
     combat, in accordance with section 2399(b)(3) of such title.
       (4) The congressional defense committees have received the 
     report under paragraph (3).
                                 ______
                                 
  SA 3354. Mr. REED 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 33, after line 25, insert the following:

     SEC. 224. BASELINES AND OPERATIONAL TEST AND EVALUATION FOR 
                   BALLISTIC MISSILE DEFENSE SYSTEM.

       (a) Operational Tests.--(1) The Director of the Missile 
     Defense Agency shall prepare for and conduct, on an 
     independent basis, operationally realistic tests of each 
     block configuration of the Ballistic Missile Defense System 
     being fielded.
       (2) The tests shall be designed to permit the evaluation of 
     each block configuration of the Ballistic Missile Defense 
     System being fielded by the Director of Operational Test and 
     Evaluation.
       (3) The Director of the Missile Defense Agency shall carry 
     out tests under paragraph (1) through an independent agent, 
     assigned by the Director for such purpose, who shall plan and 
     manage such tests.
       (b) Approval of Plans for Tests.--The Secretary of Defense 
     shall assign the Director of Operational Test and Evaluation 
     the responsibility for approving each plan for tests 
     developed under subsection (a).
       (c) Evaluation.--(1) The Director of Operational Test and 
     Evaluation shall evaluate the results of each test conducted 
     under subsection (a) as soon as practicable after the 
     completion of such test.
       (2) The Director shall submit to the Secretary of Defense 
     and the congressional defense committees a report on the 
     evaluation of each test conducted under subsection (a) upon 
     completion of the evaluation of such test under paragraph 
     (1).
       (d) Cost, Schedule, and Performance Baselines.--(1) The 
     Director of the Missile Defense Agency shall establish cost, 
     schedule, and performance baselines for each block 
     configuration of the Ballistic Missile Defense System being 
     fielded. The cost baseline for a block configuration shall 
     include full life cycle costs for the block configuration.
       (2) The Director shall include the baselines established 
     under paragraph (1) in the first Selected Acquisition Report 
     for the Ballistic Missile Defense System that is submitted to 
     Congress under section 2432 of title 10, United States Code, 
     after the establishment of such baselines.
       (3) The Director shall also include in the Selected 
     Acquisition Report submitted to Congress under paragraph (2) 
     the significant assumptions used in determining the 
     performance baseline under paragraph (1), including any 
     assumptions regarding threat missile countermeasures and 
     decoys.
       (e) Variations Against Baselines.--In the event the cost, 
     schedule, or performance of any block configuration of the 
     Ballistic Missile Defense System varies significantly (as 
     determined by the Director of the Ballistic Missile Defense 
     Agency) from the applicable baseline established under 
     subsection (d), the Director shall include such variation, 
     and

[[Page 11638]]

     the reasons for such variation, in the Selected Acquisition 
     Report submitted to Congress under section 2432 of title 10, 
     United States Code.
       (f) Modifications of Baselines.--In the event the Director 
     of the Missile Defense Agency elects to undertake any 
     modification of a baseline established under subsection (d), 
     the Director shall submit to the congressional defense 
     committees a report setting forth the reasons for such 
     modification.
                                 ______
                                 
  SA 3355. Mr. REED (for himself and Mr. Kohl) submitted an amendment 
intended to be proposed by him to the bill S. 2400, to authorize 
appropriations for fiscal year 2005 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1068. MANUFACTURING EXTENSION PARTNERSHIP FUNDING.

       (a) Findings.--Congress makes the following findings:
       (1) More than 13 percent of Army and Navy aircraft are 
     grounded at any one time due to problems in defense supply 
     chains that prevent timely availability of parts necessary 
     for the maintenance and repair of such aircraft.
       (2) Problems in defense supply chains comprise the 
     predominant cause of chronic shortages of parts needed for 
     Navy aircraft.
       (3) Because firms with fewer than 500 employees comprise 
     more than 80 percent of the defense supply chains, programs 
     that improve the performance of the defense supply chains can 
     also improve the readiness of the Army and Navy to protect 
     the national security interests of the United States.
       (4) The Manufacturing Extension Partnership of the National 
     Institute of Standards and Technology is active within United 
     States defense supply chains to assist small sub-tier 
     suppliers to reduce costs, boost productivity, and accelerate 
     deliveries.
       (5) Large suppliers have expressed reliance on the 
     Manufacturing Extension Partnership to promote improvements 
     in the cost and quality of products of the small 
     manufacturing firms on which they rely for component parts 
     and assemblies.
       (b) Funding of MEP Centers and Offices.--The Secretary of 
     Commerce shall use funds from the working capital fund 
     established under section 301 of the Act of June 28, 1944 (58 
     Stat. 415; 15 U.S.C 1521) for rent, utilities, and 
     information technology payments for the Manufacturing 
     Extension Partnership centers and offices established under 
     section 25 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278k).
       (c) Prohibition on Reimbursement.--The working capital fund 
     referred to in subsection (b) may not be reimbursed from any 
     source for amounts transferred or disbursed from the working 
     capital fund under that subsection.
       (d) Period of Applicability.--This section shall take 
     effect as of October 1, 2003. The requirement under 
     subsection (b) shall terminate at the end of September 30, 
     2004.

     SEC. 1069. CLARIFICATION OF FISCAL YEAR 2004 FUNDING LEVEL 
                   FOR A NATIONAL INSTITUTE OF STANDARDS AND 
                   TECHNOLOGY ACCOUNT.

       For the purposes of applying sections 204 and 605 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2004 (division B of 
     Public Law 108-199) to matters in title II of such Act under 
     the heading ``National Institute of Standards and 
     Technology'' (118 Stat.69), in the account under the heading 
     ``industrial technology services'', the Secretary of Commerce 
     shall make all determinations based on the Industrial 
     Technology Services funding level of $218,782,000 for 
     reprogramming and transferring of funds for the Manufacturing 
     Extension Partnership program and shall submit such a 
     reprogramming or transfer, as the case may be, to the 
     appropriate committees within 30 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3356. Ms. CANTWELL 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 384, strike line 2 and all that follows 
     through page 385, line 21, and insert the following:
       1 of each year thereafter''. This section shall become 
     effective one day after enactment.
                                 ______
                                 
  SA 3357. Ms. CANTWELL 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 389, strike line 24 and all that follows 
     through page 391, line 7, and insert the following: later 
     than one year and one day 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) The Department of Energy shall continue all activities 
     related to the storage, retrieval, treatment, separation and 
     on-site disposition 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).
       (c) 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.
       (d) Section 3116 of this bill shall have no effect on other 
     states. Nothing in section 3116 shall alter or jeopardize the 
     full implementation of 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, the Idaho National 
     Engineering Laboratory Federal Facility Agreement and Consent 
     Order, or the Hanford Federal Facility Agreement and Consent 
     Order. Furthermore, nothing in this section establishes any 
     precedent or is binding on the States of Idaho, Washington, 
     or any other state for the management, storage, treatment, 
     and disposition of radioactive and hazardous materials.
                                 ______
                                 
  SA 3358. Ms. CANTWELL 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:

       Strike section 3116 and insert the following:

     SEC. 3116. 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, separation and on-site 
     disposition 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).
       (c) 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.
       (d) Section 3119 of this Act shall have no effect.
                                 ______
                                 
  SA 3359. Ms. CANTWELL 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:


[[Page 11639]]

       Strike section 3116 and insert the following:

     SEC. 3116. 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, separation and on-site 
     disposition 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 cleanup 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).
       (c) 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.
       (d) Review by National Research Council.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Energy shall enter into a contract with the 
     National Research Council of the National Academies to 
     conduct a study of the necessary technologies and research 
     gaps in the Department of Energy's program to remove high-
     level radioactive waste from the storage tanks at the 
     Department's sites in South Carolina, Washington and Idaho.
       (e) Matters to be Addressed in Study.--The study shall 
     address the following:
       (1) The quantities and characteristics of waste in each 
     high-level waste storage tank described in paragraph (a), 
     including data uncertainties;
       (2) The technologies by which high-level radioactive waste 
     is currently being removed from the tanks for final disposal 
     under the Nuclear Waste Policy Act;
       (3) Technologies currently available but not in use in 
     removing high-level radioactive waste from the tanks;
       (4) Any technology gaps that exist to effect the removal of 
     high-level radioactive waste from the tanks;
       (5) Other matters that in the judgement of the National 
     Research Council directly relate to the focus of this study.
       (f) Time Limitation.--The National Research Council shall 
     conduct the review over a one year period beginning upon 
     execution of the contract described in subsection (a).
       (g) Reports.--
       (1) The National Research Council shall submit its 
     findings, conclusions and recommendations to the Secretary of 
     Energy and to the relevant Committees of jurisdiction of the 
     United States Senate and House of Representatives.
       (2) The final report shall be submitted in unclassified 
     form with classified annexes as necessary.
       (h) Provision of Information--The Secretary of Energy shall 
     make available to the National Research Council all of the 
     information necessary to complete its report in a timely 
     manner.
       (1) Expedited processing of security clearances.--For 
     purposes of facilitating the commencement of the study under 
     this section, the Secretary of Energy shall expedite to the 
     fullest degree possible the processing of security clearances 
     that are necessary for the National Research Council to 
     conduct the study.
       (j) Funding.--Of the amount authorized to be appropriated 
     in section 3102(a)(1) for environmental management for 
     defense site acceleration completion, $750,000 shall be 
     available for the study authorized under this section.
       (k) Section 3119 of this Act shall have no effect.
                                 ______
                                 
  SA 3360. Ms. CANTWELL 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:

       Strike section 3116 and insert the following:

     SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY.

       (a) Review by National Research Council.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Energy shall enter into a contract with the 
     National Research Council of the National Academies to 
     conduct a study of the necessary technologies and research 
     gaps in the Department of Energy's program to remove high-
     level radioactive waste from the storage tanks at the 
     Department's sites in South Carolina, Washington and Idaho.
       (b) Matters to be Addressed in Study--The study shall 
     address the following:
       (1) The quantities and characteristics of waste in each 
     high-level waste storage tank described in paragraph (a), 
     including data uncertainties;
       (2) The technologies by which high-level radioactive waste 
     is currently being removed from the tanks for final disposal 
     under the Nuclear Waste Policy Act;
       (3) Technologies currently available but not in use in 
     removing high-level radioactive waste from the tanks;
       (4) Any technology gaps that exist to effect the removal of 
     high-level radioactive waste from the tanks;
       (5) Other matters that in the judgement of the National 
     Research Council directly relate to the focus of this study.
       (c) Time Limitation.--The National Research Council shall 
     conduct the review over a one year period beginning upon 
     execution of the contract described in subsection (a).
       (d) Reports.--
       (1) The National Research Council shall submit its 
     findings, conclusions and recommendations to the Secretary of 
     Energy and to the relevant Committees of jurisdiction of the 
     United States Senate and House of Representatives.
       (2) The final report shall be submitted in unclassified 
     form with classified annexes as necessary.
       (e) Provision of Information.--The Secretary of Energy 
     shall make available to the National Research Council all of 
     the information necessary to complete its report in a timely 
     manner.
       (f) Expedited Processing of Security Clearances.--For 
     purposes of facilitating the commencement of the study under 
     this section, the Secretary of Energy shall expedite to the 
     fullest degree possible the processing of security clearances 
     that are necessary for the National Research Council to 
     conduct the study.
       (g) Funding.--Of the amount authorized to be appropriated 
     in section 3102(a)(1) for environmental management for 
     defense site acceleration completion, $750,000 shall be 
     available for the study authorized under this section.
                                 ______
                                 
  SA 3361. Ms. CANTWELL 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:

       Strike section 3116.
                                 ______
                                 
  SA 3362. Ms. CANTWELL 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 384, strike line 2 and all that follows 
     through page 385, line 21, and insert the following:
       ``1 of each year thereafter''. This section shall become 
     effective one day after enactment.

     SEC. 3116. 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, separation and on-site 
     disposition 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).
       (c) 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.
       (d) Section 3119 of this Act shall have no effect.
                                 ______
                                 
  SA 3363. Ms. CANTWELL 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

[[Page 11640]]

for the Armed Services, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 384, strike line 2 and all that follows 
     through page 385, line 21, and insert the following:
       ``1 of each year thereafter''. This section shall become 
     effective one day after enactment.

     SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY.

       (a) Review by National Research Council.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Energy shall enter into a contract with the 
     National Research Council of the National Academies to 
     conduct a study of the necessary technologies and research 
     gaps in the Department of Energy's program to remove high-
     level radioactive waste from the storage tanks at the 
     Department's sites in South Carolina, Washington and Idaho.
       (b) Matters To Be Addressed in Study.--The study shall 
     address the following:
       (1) The quantities and characteristics of waste in each 
     high-level waste storage tank described in paragraph (a), 
     including data uncertainties;
       (2) The technologies by which high-level radioactive waste 
     is currently being removed from the tanks for final disposal 
     under the Nuclear Waste Policy Act;
       (3) Technologies currently available but not in use in 
     removing high-level radioactive waste from the tanks;
       (4) Any technology gaps that exist to effect the removal of 
     high-level radioactive waste from the tanks;
       (5) Other matters that in the judgment of the National 
     Research Council directly relate to the focus of this study.
       (c) Time Limitation.--The National Research Council shall 
     conduct the review over a one-year period beginning upon 
     execution of the contract described in subsection (a).
       (d) Reports.--
       (1) The National Research Council shall submit its 
     findings, conclusions and recommendations to the Secretary of 
     Energy and to the relevant Committees of jurisdiction of the 
     United States Senate and House of Representatives.
       (2) The final report shall be submitted in unclassified 
     form with classified annexes as necessary.
       (e) Provision of Information.--The Secretary of Energy 
     shall make available to the National Research Council all of 
     the information necessary to complete its report in a timely 
     manner.
       (f) Expedited Processing of Security Clearances.--For 
     purposes of facilitating the commencement of the study under 
     this section, the Secretary of Energy shall expedite to the 
     fullest degree possible the processing of security clearances 
     that are necessary for the National Research Council to 
     conduct the study.
       (g) Fundings.--Of the amount authorized to be appropriated 
     in section 3102(a)(1) for environmental management for 
     defense site acceleration completion, $750,000 shall be 
     available for the study authorized under this section.
                                 ______
                                 
  SA 3364. Ms. CANTWELL 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 384, strike line 2 and all that follows 
     through page 385, line 21, and insert the following:
       1 of each year thereafter''. This section shall become 
     effective one day after enactment.

     SEC. 3116. 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, separation and on-site 
     disposition 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 cleanup 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).
       (c) 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.
       (d) Review by National Research Council.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Energy shall enter into a contract with the 
     National Research Council of the National Academies to 
     conduct a study of the necessary technologies and research 
     gaps in the Department of Energy's program to remove high-
     level radioactive waste from the storage tanks at the 
     Department's sites in South Carolina, Washington and Idaho.
       (e) Matters To Be Addressed in Study.--The study shall 
     address the following:
       (1) The quantities and characteristics of waste in each 
     high-level waste storage tank described in paragraph (a), 
     including data uncertainties;
       (2) The technologies by which high-level radioactive waste 
     is currently being removed from the tanks for final disposal 
     under the Nuclear Waste Policy Act;
       (3) Technologies currently available but not in use in 
     removing high-level radioactive waste from the tanks;
       (4) Any technology gaps that exist to effect the removal of 
     high-level radioactive waste from the tanks;
       (5) Other matters that in the judgment of the National 
     Research Council directly relate to the focus of this study.
       (f) Time Limitation.--The National Research Council shall 
     conduct the review over a one-year period beginning upon 
     execution of the contract described in subsection (a).
       (g) Reports.--
       (1) The National Research Council shall submit its 
     findings, conclusions and recommendations to the Secretary of 
     Energy and to the relevant Committees of jurisdiction of the 
     United States Senate and House of Representatives.
       (2) The final report shall be submitted in unclassified 
     form with classified annexes as necessary.
       (h) Provision of Information.--The Secretary of Energy 
     shall make available to the National Research Council all of 
     the information necessary to complete its report in a timely 
     manner.
       (i) Expedited Processing of Security Clearances.--For 
     purposes of facilitating the commencement of the study under 
     this section, the Secretary of Energy shall expedite to the 
     fullest degree possible the processing of security clearances 
     that are necessary for the National Research Council to 
     conduct the study.
       (j) Funding.--Of the amount authorized to be appropriated 
     in section 3102(a)(1) for environmental management for 
     defense site acceleration completion, $750,000 shall be 
     available for the study authorized under this section.
       (k) Section 3119 of this Act shall have no effect.
                                 ______
                                 
  SA 3365. Mr. GRAHAM of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2400, to authorize appropriations for 
fiscal year 2005 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Services, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1068. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.

       (a) Program Required.--The Director of the National 
     Security Agency shall carry out a pilot program on 
     cryptologic service training for the intelligence community.
       (b) Objective of Program.--The objective of the pilot 
     program is to increase the number of qualified entry-level 
     language analysts and intelligence analysts available to the 
     National Security Agency and the other elements of the 
     intelligence community through the directed preparation and 
     recruitment of qualified entry-level language analysts and 
     intelligence analysts who commit to a period of service or a 
     career in the intelligence community.
       (c) Program Scope.--(1) The pilot program shall be national 
     in scope.
       (2) The pilot program shall be carried out at not more than 
     four institutions of higher education selected by the 
     Director for purposes of the pilot program.
       (d) Program Participants.--(1) Subject to the provisions of 
     this subsection, the Director shall select the participants 
     in the pilot program from among individuals qualified to 
     participate in the pilot program utilizing such procedures as 
     the Director considers appropriate for purposes of the pilot 
     program.
       (2) Each individual selected to participate in the pilot 
     program shall evidence a commitment to service in the 
     intelligence community after such individual's completion of 
     post-secondary education.
       (3) Each individual selected to participate in the pilot 
     program shall be qualified for a security clearance 
     appropriate for the individual under the pilot program.
       (4) The total number of participants in the pilot program 
     at any one time may not exceed 400 individuals.
       (e) Program Management.--In carrying out the pilot program, 
     the Director shall--
       (1) identify individuals interested in working in the 
     intelligence community, and committed to taking college-level 
     courses that will better prepare them for a career in the 
     intelligence community as a language analysts or intelligence 
     analyst;

[[Page 11641]]

       (2) provide each individual selected for participation in 
     the pilot program--
       (A) financial assistance for the pursuit of courses at 
     institutions of higher education selected by the Director 
     under subsection (c)(2) in fields of study that will qualify 
     such individual for employment by an element of the 
     intelligence community as a language analyst or intelligence 
     analyst; and
       (B) educational counseling on the selection of courses to 
     be so pursued; and
       (3) provide each individual so selected information on the 
     opportunities available for employment in the intelligence 
     community.
       (f) Duration of Program.--(1) The pilot program shall 
     terminate six years after the date of the enactment of this 
     Act.
       (2) The termination of the pilot program under paragraph 
     (1) shall not prevent the Director from continuing to provide 
     assistance, counseling, and information under subsection (e) 
     to individuals who are participating in the pilot program on 
     the date of termination of the pilot program throughout the 
     academic year in progress as of that date.
       (g) Funding.--(1) Of the amount authorized to be 
     appropriated by section __, $20,000,000 shall be available 
     for activities under the pilot program.
       (2) The amount available under paragraph (1) shall remain 
     available until expended.
                                 ______
                                 
  SA 3366. Mrs. BOXER 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 H of title V, add the following:

     SEC. 574. HIGH-DEPLOYMENT ALLOWANCE.

       (a) Plan for Payment of Allowance.--The Secretary of 
     Defense shall include in the budget of the President for each 
     fiscal year, as submitted to Congress pursuant to section 
     1105 of title 31, United States Code, a plan to pay during 
     such fiscal year a high-deployment allowance under section 
     436 of title 37, United States Code, to members of the Armed 
     Forces whose deployments exceed the high-deployment threshold 
     specified in subsection (a)(2) of such section in such fiscal 
     year.
       (b) Plan Elements.--Each plan for a fiscal year under 
     subsection (a) shall include--
       (1) the amount of the high-deployment allowance that will 
     be payable under section 436 of title 37, United States Code, 
     during such fiscal year, set forth by duration of deployment 
     and by frequency of deployment;
       (2) a list of the duty assignments that will be excluded 
     from the payment of the allowance during such fiscal year 
     under section 436(f) of such title (as amended by subsection 
     (c) of this section);
       (3) the number of members of each Armed Force who are 
     anticipated to exceed the high deployment threshold under 
     section 436(a)(2) of such title during such fiscal year, 
     regardless of whether the duty assignments of such members 
     are excluded from the payment of the allowance during such 
     fiscal year as specified under paragraph (2); and
       (4) the estimated aggregate amount of allowances to be paid 
     during such fiscal year.
       (c) Repeal of National Security Waiver on Payment.--
     Effective January 1, 2005, section 436 of title 37, United 
     States Code, is amended--
       (1) by striking subsection (f); and
       (2) by redesignating subsections (g) and (h) as subsections 
     (f) and (g), respectively.
       (d) Period of Deployment.--In paying high-deployment 
     allowances under section 436 of title 37, United States Code, 
     the Secretary of the military department concerned shall take 
     into account days deployed by a member of the Armed Forces on 
     or after January 1, 2003.
                                 ______
                                 
  SA 3367. Mrs. BOXER 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 147, after line 21, add the following:

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

       Section 1093(a) of title 10, United States Code, is amended 
     by inserting before the period at the end the following: `` 
     or in a case in which the pregnancy is the result of an act 
     of rape or incest''.
                                 ______
                                 
  SA 3368. Mrs. BOXER 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 33, after line 25, insert the following:

     SEC. 224. LIMITATION ON DEPLOYMENT OF GROUND-BASED MIDCOURSE 
                   DEFENSE ELEMENT OF THE NATIONAL BALLISTIC 
                   MISSILE DEFENSE SYSTEM.

       The ground-based midcourse defense element of the national 
     ballistic missile defense system may not be deployed for 
     initial defensive operations before the Secretary of Defense 
     certifies to Congress that the capabilities of the system to 
     perform its national ballistic missile defense missions have 
     been confirmed by operationally realistic testing of the 
     system.
                                 ______
                                 
  SA 3369. Mr. LEVIN 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 3119 and insert the following:

     SEC. 3119. TREATMENT OF DISPOSITION WASTE FROM REPROCESSING 
                   OF LOW-LEVEL OR TRANSURANIC WASTE.

       (a) In General.--The Secretary of Energy shall continue all 
     activities relating 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 such 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) Funding.--Of the amount authorized to be appropriated 
     by section 3102(a)(1) for defense site acceleration 
     completion, $350,000,000 shall be available for activities to 
     be undertaken pursuant to subsection (a) and for activities 
     under section 3116.
       (c) Covered 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.
       (d) Construction of Other Authority.--(1) Section 3116 
     shall have no effect on States other than the State referred 
     to in subsection (d) of that section.
       (2) Nothing in section 3116 shall alter or jeopardize the 
     full implementation of 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, the Idaho National 
     Engineering Laboratory Federal Facility Agreement and Consent 
     Order, or the Hanford Federal Facility Agreement and Consent 
     Order.
       (3) 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, or 
     disposition of radioactive or hazardous materials.
                                 ______
                                 
  SA 3370. Mr. FRIST (for himself, Mr. Crapo, and Mr. Craig) 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 385, between lines 21 and 22, insert the following:
       (e) Construction.--(1) Nothing in this section shall 
     affect, 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;

[[Page 11642]]

       (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 3371. Mr. SESSIONS 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 130, between lines 9 and 10, insert the following:

     SEC. 642. DEATH BENEFITS ENHANCEMENT.

       (a) Final Actions on Fiscal Year 2004 Death Benefits 
     Study.--(1) Congress finds that the study of the Federal 
     death benefits for survivors of deceased members of the Armed 
     Forces under section 647 of the National Defense 
     Authorization Act for Fiscal Year 2004 has given Congress 
     sufficient insight to initiate action to provide for the 
     enhancement of the current set of death benefits that are 
     provided under law for the survivors.
       (2) The Secretary of Defense shall expedite the completion 
     and submission of the final report, which was due on March 1, 
     2004, under section 647 of the National Defense Authorization 
     Act for Fiscal Year 2004.
       (3) It is the sense of Congress that the President should 
     promptly submit to Congress any recommendation for 
     legislation, together with a request for appropriations, that 
     the President determines necessary to implement the death 
     benefits enhancements that are recommended in the final 
     report under section 647 of the National Defense 
     Authorization Act for Fiscal Year 2004.
       (b) Fiscal Year 2005 Actions.--At the same time that the 
     President submits to Congress the budget for fiscal year 2006 
     under section 1105(a) of title 31, United States Code, the 
     President, in consultation with the Secretary of Defense, 
     shall submit to Congress a draft of legislation to provide 
     enhanced death benefits for survivors of deceased members of 
     the uniformed services. The draft legislation shall include 
     provisions for the following:
       (1) Revision of the Servicemembers' Group Life Insurance 
     program to provide for--
       (A) an increase of the maximum benefit provided under 
     Servicemembers' Group Life Insurance to $350,000, together 
     with an increase, each fiscal year, by the same overall 
     average percentage increase that takes effect during such 
     fiscal year in the rates of basic pay under section 204 of 
     title 37, United States Code; and
       (B) a minimum benefit of $100,000 at no cost to the insured 
     members of the uniformed services who elect the maximum 
     coverage, together with an increase in such minimum benefit 
     each fiscal year by the same percentage increase as is 
     described in subparagraph (A).
       (2) An increase, each fiscal year, of the amount of the 
     death gratuity provided under section 1478 of title 10, 
     United States Code, by the same overall average percentage 
     increase that takes effect during such fiscal year in the 
     rates of basic pay under section 204 of title 37, United 
     States Code.
       (3) An additional set of death benefits for each member of 
     the uniformed services who dies in the line of duty while on 
     active duty that includes, at a minimum, an additional death 
     gratuity in the amount that--
       (A) in the case of a member not described in subparagraph 
     (B), is equal to the sum of--
       (i) the total amount of the basic pay to which the deceased 
     member would have been entitled under section 204 of title 
     37, United States Code, if the member had not died and had 
     continued to serve on active duty for an additional year; and
       (ii) the total amount of all allowances and special pays 
     that the member would have been entitled to receive under 
     title 37, United States Code, over the one-year period 
     beginning on the member's date of death if the member had not 
     died and had continued to serve on active duty for an 
     additional year with the unit to which the member was 
     assigned or detailed on such date; and
       (B) in the case of a member who dies as a result of an 
     injury caused by or incurred while exposed to hostile action 
     (including any hostile fire or explosion and any hostile 
     action from a terrorist source), is equal to twice the amount 
     calculated under subparagraph (A).
       (4) Any other new death benefits or enhancement of existing 
     death benefits that the President recommends.
       (5) Retroactive applicability of the benefits referred to 
     in paragraphs (1) through (4) so as to provide the benefits--
       (A) for members of the uniformed services who die in line 
     of duty on or after October 7, 2001, of a cause incurred or 
     aggravated while deployed in support of Operation Enduring 
     Freedom; and
       (B) for members of the uniformed services who die in line 
     of duty on or after March 19, 2003, of a cause incurred or 
     aggravated while deployed in support of Operation Iraqi 
     Freedom.
       (c) Fiscal Year 2006 Budget Submission.--The budget for 
     fiscal year 2006 that is submitted to Congress under section 
     1105(a) of title 31, United States Code, shall include the 
     following:
       (1) The amounts that would be necessary for funding the 
     benefits covered by the draft legislation required to be 
     submitted under subsection (b).
       (2) The amounts that would be necessary for funding the 
     organizational and administrative enhancements, including 
     increased personnel, that are necessary to ensure efficient 
     and effective administration and timely payment of the 
     benefits provided for in the draft legislation.
       (d) Early Submission of Proposal for Additional Death 
     Benefits.--Congress urges the President to submit the draft 
     of legislation for the additional set of death benefits under 
     paragraph (3) of subsection (b) before the time for 
     submission required under that subsection and as soon as is 
     practicable after the date of the enactment of this Act.
                                 ______
                                 
  SA 3372. Mr. SESSIONS (for himself and Mr. Schumer) 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. __. CONTRACTOR ACCOUNTABILITY.

       Section 3267(1)(A) of title 18, United States Code, is 
     amended to read as follows:
       ``(A) employed as--
       ``(i) a civilian employee of--

       ``(I) the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department); or
       ``(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense overseas;

       ``(ii) a contractor (including a subcontractor at any tier) 
     of--

       ``(I) the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department); or
       ``(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense overseas; 
     or

       ``(iii) an employee of a contractor (or subcontractor at 
     any tier) of--

       ``(I) the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department); or
       ``(II) any other Federal agency, or any provisional 
     authority, to the extent such employment relates to 
     supporting the mission of the Department of Defense 
     overseas;''.

                                 ______
                                 
  SA 3373. Mr. BENNETT (for himself and Mr. Hatch) 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 division B, add the following:

                TITLE XXIX--UTAH TEST AND TRAINING RANGE

     SEC. 2901. SHORT TITLE.

       This title may be cited as the ``Utah Test and Training 
     Range Protection Act''.

     SEC. 2902. DEFINITIONS.

       In this title:
       (1) The term ``covered wilderness study areas'' means the 
     wilderness study areas located near lands withdrawn for 
     military use and beneath special use airspace critical to the 
     support of military test and training missions at the Utah 
     Test and Training Range, including the Deep Creek, Fish 
     Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, 
     Wah Wah Mountain, and Conger Mountain units identified by the 
     Department of the Interior pursuant to section 603 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1782).
       (2) The term ``Utah Test and Training Range'' means those 
     portions of the military operating area of the Utah Test and 
     Training Area located solely in the State of Utah. The term 
     includes the Dugway Proving Ground.

     SEC. 2903. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND 
                   TRAINING RANGE.

       (a) Findings.--Congress makes the following findings:

[[Page 11643]]

       (1) The testing and development of military weapons systems 
     and the training of military forces are critical to ensuring 
     the national security of the United States.
       (2) The Utah Test and Training Range in the State of Utah 
     is a unique and irreplaceable national asset at the core of 
     the test and training mission of the Department of Defense.
       (3) The Utah Test and Training Range and special use 
     airspace withdrawn for military uses create unique management 
     circumstances for the covered wilderness study areas in this 
     title, such use would not impair the suitability of such 
     areas for designation by Congress as wilderness in the 
     future, and it is not the intent of Congress that passage of 
     this title shall be construed as establishing a precedent 
     with respect to any future national conservation area or 
     wilderness designation.
       (4) Continued access to the special use airspace and lands 
     that comprise the Utah Test and Training Range, under the 
     terms and conditions described in this section, is a national 
     security priority and is not incompatible with the protection 
     and proper management of the natural, environmental, 
     cultural, and other resources of such lands.
       (b) Overflights.--Nothing in this title or the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
     shall preclude the military from conducting low-level 
     overflights and operations of military aircraft, helicopters, 
     missiles, or unmanned aerial vehicles over the covered 
     wilderness study areas, including military overflights and 
     operations that can be seen or heard within the covered 
     wilderness study areas.
       (c) Special Use Airspace and Training Routes.--Nothing in 
     this title or the Federal Land Policy and Management Act of 
     1976 shall preclude the designation of new units of special 
     use airspace, the expansion of existing units of special use 
     airspace, or the use or establishment of military training 
     routes over the covered wilderness study areas.
       (d) Communications and Tracking Systems.--Nothing in this 
     title shall prevent any required maintenance of existing 
     communications, instrumentation, or electronic tracking 
     systems (or infrastructure supporting such systems) or 
     prevent the installation of new communication, 
     instrumentation, or other equipment necessary for effective 
     testing and training to meet military requirements in the 
     covered wilderness study areas, so long as the Secretary of 
     the Interior, after consultation with the Secretary of the 
     Air Force, determines that the installation and maintenance 
     of such systems complies with section 603 of the Federal Land 
     Policy and Management Act of 1976.
       (e) Emergency Access and Response.--Nothing in this title 
     or the Federal Land Policy and Management Act of 1976 shall 
     preclude the continuation of the memorandum of understanding 
     in existence as of the date of the enactment of this Act 
     between the Department of the Interior and the Department of 
     the Air Force with respect to emergency access and response.
       (f) Prohibition on Ground Military Operations.--Except as 
     provided in subsections (d) and (e), nothing in this section 
     shall be construed to permit a military operation to be 
     conducted on the ground in a covered wilderness study area in 
     the Utah Test and Training Range unless such ground operation 
     is otherwise authorized under Federal law and consistent with 
     the Federal Land Policy and Management Act of 1976.

     SEC. 2904. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST 
                   AND TRAINING RANGE.

       The Secretary of the Interior shall develop, maintain, and 
     revise land use plans pursuant to section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S. C. 1712) for 
     Federal lands located in the Utah Test and Training Range in 
     consultation with the Secretary of Defense. As part of the 
     required consultation in connection with a proposed revision 
     of a land use plan, the Secretary of Defense shall prepare 
     and transmit to the Secretary of the Interior an analysis of 
     the military readiness and operational impacts of the 
     proposed revision within six months of a request from the 
     Secretary of Interior.

     SEC. 2905. RELATION TO OTHER LANDS AND LAWS.

       (a) Other Lands.--Nothing in this title shall be construed 
     to affect any Federal lands located outside of the covered 
     wilderness study areas or the management of such lands.
       (b) Conforming Repeal.--Section 2815 of the National 
     Defense Authorization Act for Fiscal Year 2000 (Public Law 
     106-65; 113 Stat. 852) is amended by striking subsection (d).
                                 ______
                                 
  SA 3374. Ms. MURKOWSKI 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, add the following:

                 TITLE __--ALASKA NATURAL GAS PIPELINE

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Alaska Natural Gas 
     Pipeline Act''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Alaska natural gas.--The term ``Alaska natural gas'' 
     means natural gas derived from the area of the State of 
     Alaska lying north of 64 degrees north latitude.
       (2) Alaska natural gas transportation project.--The term 
     ``Alaska natural gas transportation project'' means any 
     natural gas pipeline system that carries Alaska natural gas 
     to the border between Alaska and Canada (including related 
     facilities subject to the jurisdiction of the Commission) 
     that is authorized under--
       (A) the Alaska Natural Gas Transportation Act of 1976 (15 
     U.S.C. 719 et seq.); or
       (B) section __03.
       (3) Alaska natural gas transportation system.--The term 
     ``Alaska natural gas transportation system'' means the Alaska 
     natural gas transportation project authorized under the 
     Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 
     et seq.) and designated and described in section 2 of the 
     President's decision.
       (4) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (5) Federal coordinator.--The term ``Federal Coordinator'' 
     means the head of the Office of the Federal Coordinator for 
     Alaska Natural Gas Transportation Projects established by 
     section __06(a).
       (6) President's decision.--The term ``President's 
     decision'' means the decision and report to Congress on the 
     Alaska natural gas transportation system--
       (A) issued by the President on September 22, 1977, in 
     accordance with section 7 of the Alaska Natural Gas 
     Transportation Act of 1976 (15 U.S.C. 719e); and
       (B) approved by Public Law 95-158 (15 U.S.C. 719f note; 91 
     Stat. 1268).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (8) State.--The term ``State'' means the State of Alaska.

     SEC. __03. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND 
                   NECESSITY.

       (a) Authority of the Commission.--Notwithstanding the 
     Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 
     et seq.), the Commission may, in accordance with section 7(c) 
     of the Natural Gas Act (15 U.S.C. 717f(c)), consider and act 
     on an application for the issuance of a certificate of public 
     convenience and necessity authorizing the construction and 
     operation of an Alaska natural gas transportation project 
     other than the Alaska natural gas transportation system.
       (b) Issuance of Certificate.--
       (1) In general.--The Commission shall issue a certificate 
     of public convenience and necessity authorizing the 
     construction and operation of an Alaska natural gas 
     transportation project under this section if the applicant 
     has satisfied the requirements of section 7(e) of the Natural 
     Gas Act (15 U.S.C. 717f(e)).
       (2) Considerations.--In considering an application under 
     this section, the Commission shall presume that--
       (A) a public need exists to construct and operate the 
     proposed Alaska natural gas transportation project; and
       (B) sufficient downstream capacity will exist to transport 
     the Alaska natural gas moving through the project to markets 
     in the contiguous United States.
       (c) Expedited Approval Process.--Not later than 60 days 
     after the date of issuance of the final environmental impact 
     statement under section __104 for an Alaska natural gas 
     transportation project, the Commission shall issue a final 
     order granting or denying any application for a certificate 
     of public convenience and necessity for the project under 
     section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)) and 
     this section.
       (d) Prohibition of Certain Pipeline Route.--No license, 
     permit, lease, right-of-way, authorization, or other approval 
     required under Federal law for the construction of any 
     pipeline to transport natural gas from land within the 
     Prudhoe Bay oil and gas lease area may be granted for any 
     pipeline that follows a route that--
       (1) traverses land beneath navigable waters (as defined in 
     section 2 of the Submerged Lands Act (43 U.S.C. 1301)) 
     beneath, or the adjacent shoreline of, the Beaufort Sea; and
       (2) enters Canada at any point north of 68 degrees north 
     latitude.
       (e) Open Season.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Commission shall issue regulations 
     governing the conduct of open seasons for Alaska natural gas 
     transportation projects (including procedures for the 
     allocation of capacity).
       (2) Regulations.--The regulations referred to in paragraph 
     (1) shall--
       (A) include the criteria for and timing of any open 
     seasons;
       (B) promote competition in the exploration, development, 
     and production of Alaska natural gas; and

[[Page 11644]]

       (C) for any open season for capacity exceeding the initial 
     capacity, provide the opportunity for the transportation of 
     natural gas other than from the Prudhoe Bay and Point Thomson 
     units.
       (3) Applicability.--Except in a case in which an expansion 
     is ordered in accordance with section __05, initial or 
     expansion capacity on any Alaska natural gas transportation 
     project shall be allocated in accordance with procedures to 
     be established by the Commission in regulations issued under 
     paragraph (1).
       (f) Projects in the Contiguous United States.--
       (1) In general.--An application for additional or expanded 
     pipeline facilities that may be required to transport Alaska 
     natural gas from Canada to markets in the contiguous United 
     States may be made in accordance with the Natural Gas Act (15 
     U.S.C. 717a et seq.).
       (2) Expansion.--To the extent that a pipeline facility 
     described in paragraph (1) includes the expansion of any 
     facility constructed in accordance with the Alaska Natural 
     Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), that 
     Act shall continue to apply.
       (g) Study of In-State Needs.--The holder of the certificate 
     of public convenience and necessity issued, modified, or 
     amended by the Commission for an Alaska natural gas 
     transportation project shall demonstrate that the holder has 
     conducted a study of Alaska in-State needs, including tie-in 
     points along the Alaska natural gas transportation project 
     for in-State access.
       (h) Alaska Royalty Gas.--
       (1) In general.--Except as provided in paragraph (2), the 
     Commission, on a request by the State and after a hearing, 
     may provide for reasonable access to the Alaska natural gas 
     transportation project by the State (or State designee) for 
     the transportation of royalty gas of the State for the 
     purpose of meeting local consumption needs within the State.
       (2) Exception.--The rates of shippers of subscribed 
     capacity on an Alaska natural gas transportation project 
     described in paragraph (1), as in effect as of the date on 
     which access under that paragraph is granted, shall not be 
     increased as a result of such access.
       (i) Regulations.--The Commission may issue such regulations 
     as are necessary to carry out this section.

     SEC. __04. ENVIRONMENTAL REVIEWS.

       (a) Compliance With NEPA.--The issuance of a certificate of 
     public convenience and necessity authorizing the construction 
     and operation of any Alaska natural gas transportation 
     project under section __03 shall be treated as a major 
     Federal action significantly affecting the quality of the 
     human environment within the meaning of section 102(2)(C) of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)).
       (b) Designation of Lead Agency.--
       (1) In general.--The Commission--
       (A) shall be the lead agency for purposes of complying with 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.); and
       (B) shall be responsible for preparing the environmental 
     impact statement required by section 102(2)(c) of that Act 
     (42 U.S.C. 4332(2)(c)) with respect to an Alaska natural gas 
     transportation project under section __103.
       (2) Consolidation of statements.--In carrying out paragraph 
     (1), the Commission shall prepare a single environmental 
     impact statement, which shall consolidate the environmental 
     reviews of all Federal agencies considering any aspect of the 
     Alaska natural gas transportation project covered by the 
     environmental impact statement.
       (c) Other Agencies.--
       (1) In general.--Each Federal agency considering an aspect 
     of the construction and operation of an Alaska natural gas 
     transportation project under section __03 shall--
       (A) cooperate with the Commission; and
       (B) comply with deadlines established by the Commission in 
     the preparation of the environmental impact statement under 
     this section.
       (2) Satisfaction of nepa requirements.--The environmental 
     impact statement prepared under this section shall be adopted 
     by each Federal agency described in paragraph (1) in 
     satisfaction of the responsibilities of the Federal agency 
     under section 102(2)(C) of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to the Alaska 
     natural gas transportation project covered by the 
     environmental impact statement.
       (d) Expedited Process.--The Commission shall--
       (1) not later than 1 year after the Commission determines 
     that the application under section __03 with respect to an 
     Alaska natural gas transportation project is complete, issue 
     a draft environmental impact statement under this section; 
     and
       (2) not later than 180 days after the date of issuance of 
     the draft environmental impact statement, issue a final 
     environmental impact statement, unless the Commission for 
     good cause determines that additional time is needed.

     SEC. __05. PIPELINE EXPANSION.

       (a) Authority.--With respect to any Alaska natural gas 
     transportation project, on a request by 1 or more persons and 
     after giving notice and an opportunity for a hearing, the 
     Commission may order the expansion of the Alaska natural gas 
     project if the Commission determines that such an expansion 
     is required by the present and future public convenience and 
     necessity.
       (b) Responsibilities of Commission.--Before ordering an 
     expansion under subsection (a), the Commission shall--
       (1) approve or establish rates for the expansion service 
     that are designed to ensure the recovery, on an incremental 
     or rolled-in basis, of the cost associated with the expansion 
     (including a reasonable rate of return on investment);
       (2) ensure that the rates do not require existing shippers 
     on the Alaska natural gas transportation project to subsidize 
     expansion shippers;
       (3) find that a proposed shipper will comply with, and the 
     proposed expansion and the expansion of service will be 
     undertaken and implemented based on, terms and conditions 
     consistent with the tariff of the Alaska natural gas 
     transportation project in effect as of the date of the 
     expansion;
       (4) find that the proposed facilities will not adversely 
     affect the financial or economic viability of the Alaska 
     natural gas transportation project;
       (5) find that the proposed facilities will not adversely 
     affect the overall operations of the Alaska natural gas 
     transportation project;
       (6) find that the proposed facilities will not diminish the 
     contract rights of existing shippers to previously subscribed 
     certificated capacity;
       (7) ensure that all necessary environmental reviews have 
     been completed; and
       (8) find that adequate downstream facilities exist or are 
     expected to exist to deliver incremental Alaska natural gas 
     to market.
       (c) Requirement for a Firm Transportation Agreement.--Any 
     order of the Commission issued in accordance with this 
     section shall be void unless the person requesting the order 
     executes a firm transportation agreement with the Alaska 
     natural gas transportation project within such reasonable 
     period of time as the order may specify.
       (d) Limitation.--Nothing in this section expands or 
     otherwise affects any authority of the Commission with 
     respect to any natural gas pipeline located outside the 
     State.
       (e) Regulations.--The Commission may issue such regulations 
     as are necessary to carry out this section.

     SEC. __06. FEDERAL COORDINATOR.

       (a) Establishment.--There is established, as an independent 
     office in the executive branch, the Office of the Federal 
     Coordinator for Alaska Natural Gas Transportation Projects.
       (b) Federal Coordinator.--
       (1) Appointment.--The Office shall be headed by a Federal 
     Coordinator for Alaska Natural Gas Transportation Projects, 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate, to serve a term to last 
     until 1 year following the completion of the project referred 
     to in section __03.
       (2) Compensation.--The Federal Coordinator shall be 
     compensated at the rate prescribed for level III of the 
     Executive Schedule (5 U.S.C. 5314).
       (c) Duties.--The Federal Coordinator shall be responsible 
     for--
       (1) coordinating the expeditious discharge of all 
     activities by Federal agencies with respect to an Alaska 
     natural gas transportation project; and
       (2) ensuring the compliance of Federal agencies with the 
     provisions of this title.
       (d) Reviews and Actions of Other Federal Agencies.--
       (1) Expedited reviews and actions.--All reviews conducted 
     and actions taken by any Federal agency relating to an Alaska 
     natural gas transportation project authorized under this 
     section shall be expedited, in a manner consistent with 
     completion of the necessary reviews and approvals by the 
     deadlines under this title.
       (2) Prohibition of certain terms and conditions.--No 
     Federal agency may include in any certificate, right-of-way, 
     permit, lease, or other authorization issued to an Alaska 
     natural gas transportation project any term or condition that 
     may be permitted, but is not required, by any applicable law 
     if the Federal Coordinator determines that the term or 
     condition would prevent or impair in any significant respect 
     the expeditious construction and operation, or an expansion, 
     of the Alaska natural gas transportation project.
       (3) Prohibition of certain actions.--Unless required by 
     law, no Federal agency shall add to, amend, or abrogate any 
     certificate, right-of-way, permit, lease, or other 
     authorization issued to an Alaska natural gas transportation 
     project if the Federal Coordinator determines that the action 
     would prevent or impair in any significant respect the 
     expeditious construction and operation, or an expansion, of 
     the Alaska natural gas transportation project.
       (4) Limitation.--The Federal Coordinator shall not have 
     authority to--
       (A) override--
       (i) the implementation or enforcement of regulations issued 
     by the Commission under section __03; or
       (ii) an order by the Commission to expand the project under 
     section __105; or

[[Page 11645]]

       (B) impose any terms, conditions, or requirements in 
     addition to those imposed by the Commission or any agency 
     with respect to construction and operation, or an expansion 
     of, the project.
       (e) State Coordination.--
       (1) In general.--The Federal Coordinator and the State 
     shall enter into a joint surveillance and monitoring 
     agreement similar to the agreement in effect during 
     construction of the Trans-Alaska Pipeline, to be approved by 
     the President and the Governor of the State, for the purpose 
     of monitoring the construction of the Alaska natural gas 
     transportation project.
       (2) Primary responsibility.--With respect to an Alaska 
     natural gas transportation project--
       (A) the Federal Government shall have primary surveillance 
     and monitoring responsibility in areas where the Alaska 
     natural gas transportation project crosses Federal land or 
     private land; and
       (B) the State government shall have primary surveillance 
     and monitoring responsibility in areas where the Alaska 
     natural gas transportation project crosses State land.
       (f) Transfer of Federal Inspector Functions and 
     Authority.--On appointment of the Federal Coordinator by the 
     President, all of the functions and authority of the Office 
     of Federal Inspector of Construction for the Alaska Natural 
     Gas Transportation System vested in the Secretary under 
     section 3012(b) of the Energy Policy Act of 1992 (15 U.S.C. 
     719e note; Public Law 102-486), including all functions and 
     authority described and enumerated in the Reorganization Plan 
     No. 1 of 1979 (44 Fed. Reg. 33663), Executive Order No. 12142 
     of June 21, 1979 (44 Fed. Reg. 36927), and section 5 of the 
     President's decision, shall be transferred to the Federal 
     Coordinator.
       (g) Temporary Authority.--The functions, authorities, 
     duties, and responsibilities of the Federal Coordinator shall 
     be vested in the Secretary until the earlier of the 
     appointment of the Federal Coordinator by the President, or 
     18 months after the date of enactment of this Act.

     SEC. __07. JUDICIAL REVIEW.

       (a) Exclusive Jurisdiction.--Except for review by the 
     Supreme Court on writ of certiorari, the United States Court 
     of Appeals for the District of Columbia Circuit shall have 
     original and exclusive jurisdiction to determine--
       (1) the validity of any final order or action (including a 
     failure to act) of any Federal agency or officer under this 
     title;
       (2) the constitutionality of any provision of this title, 
     or any decision made or action taken under this title; or
       (3) the adequacy of any environmental impact statement 
     prepared under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) with respect to any action under 
     this title.
       (b) Deadline for Filing Claim.--A claim arising under this 
     title may be brought not later than 60 days after the date of 
     the decision or action giving rise to the claim.
       (c) Expedited Consideration.--The United States Court of 
     Appeals for the District of Columbia Circuit shall set any 
     action brought under subsection (a) for expedited 
     consideration, taking into account the national interest of 
     enhancing national energy security by providing access to the 
     significant gas reserves in Alaska needed to meet the 
     anticipated demand for natural gas.
       (d) Amendment of the Alaska Natural Gas Transportation Act 
     of 1976.--Section 10(c) of the Alaska Natural Gas 
     Transportation Act of 1976 (15 U.S.C. 719h) is amended--
       (1) by striking ``(c)(1) A claim'' and inserting the 
     following:
       ``(c) Jurisdiction.--
       ``(1) Special courts.--
       ``(A) In general.--A claim'';
       (2) by striking ``Such court shall have'' and inserting the 
     following:
       ``(B) Exclusive jurisdiction.--The Special Court shall 
     have'';
       (3) by inserting after paragraph (1) the following:
       ``(2) Expedited consideration.--The Special Court shall set 
     any action brought under this section for expedited 
     consideration, taking into account the national interest 
     described in section 2.''; and
       (4) in paragraph (3), by striking ``(3) The enactment'' and 
     inserting the following:
       ``(3) Environmental impact statements.--The enactment''.

     SEC. __08. STATE JURISDICTION OVER IN-STATE DELIVERY OF 
                   NATURAL GAS.

       (a) Local Distribution.--Any facility receiving natural gas 
     from an Alaska natural gas transportation project for 
     delivery to consumers within the State--
       (1) shall be deemed to be a local distribution facility 
     within the meaning of section 1(b) of the Natural Gas Act (15 
     U.S.C. 717(b)); and
       (2) shall not be subject to the jurisdiction of the 
     Commission.
       (b) Additional Pipelines.--Except as provided in section 
     __103(d), nothing in this title shall preclude or otherwise 
     affect a future natural gas pipeline that may be constructed 
     to deliver natural gas to Fairbanks, Anchorage, Matanuska-
     Susitna Valley, or the Kenai peninsula or Valdez or any other 
     site in the State for consumption within or distribution 
     outside the State.
       (c) Rate Coordination.--
       (1) In general.--In accordance with the Natural Gas Act (15 
     U.S.C. 717a et seq.), the Commission shall establish rates 
     for the transportation of natural gas on any Alaska natural 
     gas transportation project.
       (2) Consultation.--In carrying out paragraph (1), the 
     Commission, in accordance with section 17(b) of the Natural 
     Gas Act (15 U.S.C. 717p(b)), shall consult with the State 
     regarding rates (including rate settlements) applicable to 
     natural gas transported on and delivered from the Alaska 
     natural gas transportation project for use within the State.

     SEC. __09. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.

       (a) Requirement of Study.--If no application for the 
     issuance of a certificate or amended certificate of public 
     convenience and necessity authorizing the construction and 
     operation of an Alaska natural gas transportation project has 
     been filed with the Commission by the date that is 18 months 
     after the date of enactment of this Act, the Secretary shall 
     conduct a study of alternative approaches to the construction 
     and operation of such an Alaska natural gas transportation 
     project.
       (b) Scope of Study.--The study under subsection (a) shall 
     take into consideration the feasibility of--
       (1) establishing a Federal Government corporation to 
     construct an Alaska natural gas transportation project; and
       (2) securing alternative means of providing Federal 
     financing and ownership (including alternative combinations 
     of Government and private corporate ownership) of the Alaska 
     natural gas transportation project.
       (c) Consultation.--In conducting the study under subsection 
     (a), the Secretary shall consult with the Secretary of the 
     Treasury and the Secretary of the Army (acting through the 
     Chief of Engineers).
       (d) Report.--On completion of any study under subsection 
     (a), the Secretary shall submit to Congress a report that 
     describes--
       (1) the results of the study; and
       (2) any recommendations of the Secretary (including 
     proposals for legislation to implement the recommendations).

     SEC. __10. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES.

       (a) Savings Clause.--Nothing in this title affects--
       (1) any decision, certificate, permit, right-of-way, lease, 
     or other authorization issued under section 9 of the Alaska 
     Natural Gas Transportation Act of 1976 (15 U.S.C. 719g); or
       (2) any Presidential finding or waiver issued in accordance 
     with that Act.
       (b) Clarification of Authority to Amend Terms and 
     Conditions to Meet Current Project Requirements.--Any Federal 
     agency responsible for granting or issuing any certificate, 
     permit, right-of-way, lease, or other authorization under 
     section 9 of the Alaska Natural Gas Transportation Act of 
     1976 (15 U.S.C. 719g) may add to, amend, or rescind any term 
     or condition included in the certificate, permit, right-of-
     way, lease, or other authorization to meet current project 
     requirements (including the physical design, facilities, and 
     tariff specifications), if the addition, amendment, or 
     rescission--
       (1) would not compel any change in the basic nature and 
     general route of the Alaska natural gas transportation system 
     as designated and described in section 2 of the President's 
     decision; or
       (2) would not otherwise prevent or impair in any 
     significant respect the expeditious construction and initial 
     operation of the Alaska natural gas transportation system.
       (c) Updated Environmental Reviews.--The Secretary shall 
     require the sponsor of the Alaska natural gas transportation 
     system to submit such updated environmental data, reports, 
     permits, and impact analyses as the Secretary determines are 
     necessary to develop detailed terms, conditions, and 
     compliance plans required by section 5 of the President's 
     decision.

     SEC. __11. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.

       (a) Program.--
       (1) Establishment.--The Secretary of Labor (in this section 
     referred to as the ``Secretary'') shall make grants to the 
     Alaska Workforce Investment Board--
       (A) to recruit and train adult and dislocated workers in 
     Alaska, including Alaska Natives, in the skills required to 
     construct and operate an Alaska gas pipeline system; and
       (B) for the design and construction of a training facility 
     to be located in Fairbanks, Alaska, to support an Alaska gas 
     pipeline training program.
       (2) Coordination with existing programs.--The training 
     program established with the grants authorized under 
     paragraph (1) shall be consistent with the vision and goals 
     set forth in the State of Alaska Unified Plan, as developed 
     pursuant to the Workforce Investment Act of 1998 (29 U.S.C. 
     2801 et seq.).
       (b) Requirements for Grants.--The Secretary shall make a 
     grant under subsection (a) only if--
       (1) the Governor of the State of Alaska requests the grant 
     funds and certifies in writing to the Secretary that there is 
     a reasonable expectation that the construction of the Alaska 
     natural gas pipeline system will commence by the date that is 
     2 years after the date of the certification; and

[[Page 11646]]

       (2) the Secretary of Energy concurs in writing to the 
     Secretary with the certification made under paragraph (1) 
     after considering--
       (A) the status of necessary Federal and State permits;
       (B) the availability of financing for the Alaska natural 
     gas pipeline project; and
       (C) other relevant factors.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $20,000,000. Not more than 15 percent of the funds may be 
     used for the facility described in subsection (a)(1)(B).

     SEC. __12. SENSE OF CONGRESS CONCERNING USE OF STEEL 
                   MANUFACTURED IN NORTH AMERICA NEGOTIATION OF A 
                   PROJECT LABOR AGREEMENT.

       It is the sense of Congress that--
       (1) an Alaska natural gas transportation project would 
     provide significant economic benefits to the United States 
     and Canada; and
       (2) to maximize those benefits, the sponsors of the Alaska 
     natural gas transportation project should make every effort 
     to--
       (A) use steel that is manufactured in North America; and
       (B) negotiate a project labor agreement to expedite 
     construction of the pipeline.

     SEC. __13. SENSE OF CONGRESS AND STUDY CONCERNING 
                   PARTICIPATION BY SMALL BUSINESS CONCERNS.

       (a) Definition of Small Business Concern.--In this section, 
     the term ``small business concern'' has the meaning given the 
     term in section 3(a) of the Small Business Act (15 U.S.C. 
     632(a)).
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) an Alaska natural gas transportation project would 
     provide significant economic benefits to the United States 
     and Canada; and
       (2) to maximize those benefits, the sponsors of the Alaska 
     natural gas transportation project should maximize the 
     participation of small business concerns in contracts and 
     subcontracts awarded in carrying out the project.
       (c) Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study to determine the extent to which 
     small business concerns participate in the construction of 
     oil and gas pipelines in the United States.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report that describes results of the study 
     under paragraph (1).
       (3) Updates.--The Comptroller General shall--
       (A) update the study at least once every 5 years until 
     construction of an Alaska natural gas transportation project 
     is completed; and
       (B) on completion of each update, submit to Congress a 
     report containing the results of the update.

     SEC. __14. SENSE OF CONGRESS CONCERNING NATURAL GAS DEMAND.

       It is the sense of Congress that--
       (1) North American demand for natural gas will increase 
     dramatically over the course of the next several decades;
       (2) both the Alaska Natural Gas Pipeline and the Mackenzie 
     Delta Natural Gas project in Canada will be necessary to help 
     meet the increased demand for natural gas in North America;
       (3) Federal and State officials should work together with 
     officials in Canada to ensure both projects can move forward 
     in a mutually beneficial fashion;
       (4) Federal and State officials should acknowledge that the 
     smaller scope, fewer permitting requirements, and lower cost 
     of the Mackenzie Delta project means it will most likely be 
     completed before the Alaska Natural Gas Pipeline;
       (5) natural gas production in the 48 contiguous States and 
     Canada will not be able to meet all domestic demand in the 
     coming decades; and
       (6) as a result, natural gas delivered from Alaskan North 
     Slope will not displace or reduce the commercial viability of 
     Canadian natural gas produced from the Mackenzie Delta or 
     production from the 48 contiguous States.

     SEC. __15. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP.

       It is the sense of Congress that--
       (1) Alaska Native Regional Corporations, companies owned 
     and operated by Alaskans, and individual Alaskans should have 
     the opportunity to own shares of the Alaska natural gas 
     pipeline in a way that promotes economic development for the 
     State; and
       (2) to facilitate economic development in the State, all 
     project sponsors should negotiate in good faith with any 
     willing Alaskan person that desires to be involved in the 
     project.

     SEC. __16. LOAN GUARANTEES.

       (a) Authority.--(1) The Secretary may enter into agreements 
     with 1 or more holders of a certificate of public convenience 
     and necessity issued under section __03(b) of this title or 
     section 9 of the Alaska Natural Gas Transportation Act of 
     1976 (15 U.S.C. 719g), or with an entity the Secretary 
     determines is qualified to construct and operate a liquefied 
     natural gas project to transport liquefied natural gas from 
     Southcentral Alaska to West Coast States, to issue Federal 
     guarantee instruments with respect to loans and other debt 
     obligations for a qualified infrastructure project.
       (2) Subject to the requirements of this section, the 
     Secretary may also enter into agreements with 1 or more 
     owners of the Canadian portion of a qualified infrastructure 
     project to issue Federal guarantee instruments with respect 
     to loans and other debt obligations for a qualified 
     infrastructure project as though such owner were a holder 
     described in paragraph (1).
       (3) The authority of the Secretary to issue Federal 
     guarantee instruments under this section for a qualified 
     infrastructure project shall expire on the date that is 2 
     years after the date on which the final certificate of public 
     convenience and necessity (including any Canadian 
     certificates of public convenience and necessity) is issued 
     for the project. A final certificate shall be considered to 
     have been issued when all certificates of public convenience 
     and necessity have been issued that are required for the 
     initial transportation of commercially economic quantities of 
     natural gas from Alaska to the continental United States.
       (b) Conditions.--(1) The Secretary may issue a Federal 
     guarantee instrument for a qualified infrastructure project 
     only after a certificate of public convenience and necessity 
     under section __03(b) of this title or an amended certificate 
     under section 9 of the Alaska Natural Gas Transportation Act 
     of 1976 (15 U.S.C. 719g) has been issued for the project, or 
     after the Secretary certifies there exists a qualified entity 
     to construct and operate a liquefied natural gas project to 
     transport liquefied natural gas from Southcentral Alaska to 
     West Coast States. In no case shall loan guarantees be issued 
     for more than one qualified project.
       (2) The Secretary may issue a Federal guarantee instrument 
     under this section for a qualified infrastructure project 
     only if the loan or other debt obligation guaranteed by the 
     instrument has been issued by an eligible lender.
       (3) The Secretary shall not require as a condition of 
     issuing a Federal guarantee instrument under this section any 
     contractual commitment or other form of credit support of the 
     sponsors (other than equity contribution commitments and 
     completion guarantees), or any throughput or other guarantee 
     from prospective shippers greater than such guarantees as 
     shall be required by the project owners.
       (c) Limitations on Amounts.--(1) The amount of loans and 
     other debt obligations guaranteed under this section for a 
     qualified infrastructure project shall not exceed 80 percent 
     of the total capital costs of the project, including interest 
     during construction.
       (2) The principal amount of loans and other debt 
     obligations guaranteed under this section shall not exceed, 
     in the aggregate, $18,000,000,000, which amount shall be 
     indexed for United States dollar inflation from the date of 
     enactment of this Act, as measured by the Consumer Price 
     Index, except that the total amount of principal that may be 
     guaranteed for a qualified liquefied natural gas project may 
     not exceed a principal amount in which the cost of loan 
     guarantees, as defined by section 502(5) of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds 
     $2,000,000,000.
       (d) Loan Terms and Fees.--(1) The Secretary may issue 
     Federal guarantee instruments under this section that take 
     into account repayment profiles and grace periods justified 
     by project cash flows and project-specific considerations. 
     The term of any loan guaranteed under this section shall not 
     exceed 30 years.
       (2) An eligible lender may assess and collect from the 
     borrower such other fees and costs associated with the 
     application and origination of the loan or other debt 
     obligation as are reasonable and customary for a project 
     finance transaction in the oil and gas sector.
       (e) Regulations.--The Secretary may issue regulations to 
     carry out this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to cover the 
     cost of loan guarantees under this section, as defined by 
     section 502(5) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a(5)). Such sums shall remain available until 
     expended.
       (g) Definitions.--In this section, the following 
     definitions apply:
       (1) The term ``Consumer Price Index'' means the Consumer 
     Price Index for all-urban consumers, United States city 
     average, as published by the Bureau of Labor Statistics, or 
     if such index shall cease to be published, any successor 
     index or reasonable substitute thereof.
       (2) The term ``eligible lender'' means any non-Federal 
     qualified institutional buyer (as defined by section 
     230.144A(a) of title 17, Code of Federal Regulations (or any 
     successor regulation), known as Rule 144A(a) of the 
     Securities and Exchange Commission and issued under the 
     Securities Act of 1933), including--
       (A) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986 (26 U.S.C. 
     4974(c)) that is a qualified institutional buyer; and
       (B) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of

[[Page 11647]]

     1986 (26 U.S.C. 414(d)) that is a qualified institutional 
     buyer.
       (3) The term ``Federal guarantee instrument'' means any 
     guarantee or other pledge by the Secretary to pledge the full 
     faith and credit of the United States to pay all of the 
     principal and interest on any loan or other debt obligation 
     entered into by a holder of a certificate of public 
     convenience and necessity.
       (4) The term ``qualified infrastructure project'' means an 
     Alaskan natural gas transportation project or system 
     consisting of the design, engineering, finance, construction, 
     and completion of pipelines and related transportation and 
     production systems (including gas treatment plants and 
     liquification plants and liquefied natural gas tankers for 
     transportation of liquefied natural gas from Southcentral 
     Alaska to the West Coast), and appurtenances thereto, that 
     are used to transport natural gas from the Alaska North Slope 
     to the continental United States.
                                 ______
                                 
  SA 3375. Mr. VOINOVICH (for himself, Mr. Akaka, Ms. Collins, and Mr. 
Lieberman) 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:

     SECTION 1. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT 
                   PREMIUMS.

       (a) Authority To Continue Benefit Coverage.--Section 8905a 
     of title 5, United States Code is amended--
       (1) in subsection (a), by striking ``paragraph (1) or (2) 
     of'';
       (2) in subsection (b)--
       (A) in paragraph (1)(B), by striking ``and'' at the end;
       (B) in paragraph (2)(C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) any employee who--
       ``(A) is enrolled in a health benefits plan under this 
     chapter;
       ``(B) is a member of a Reserve component of the armed 
     forces;
       ``(C) is called or ordered to active duty in support of a 
     contingency operation (as defined in section 101(a)(13) of 
     title 10);
       ``(D) is placed on leave without pay or separated from 
     service to perform active duty; and
       ``(E) serves on active duty for a period of more than 30 
     consecutive days.''; and
       (3) in subsection (e)(1)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) in the case of an employee described in subsection 
     (b)(3), the date which is 24 months after the employee is 
     placed on leave without pay or separated from service to 
     perform active duty.''.
       (b)  Authority for Agencies To Pay Premiums.--Subparagraph 
     (C) of section 8906(e)(3) of such title is amended by 
     striking ``18 months'' and inserting ``24 months''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on March 1, 2003.
                                 ______
                                 
  SA 3376. 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 256, between lines 10 and 11, insert the following:

     SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCH RANGES.

       It is the sense of Congress that the Secretary of Defense 
     should provide support for, and continue the development, 
     certification, and deployment of portable range safety 
     systems that are capable of--
       (1) reducing costs related to national security space 
     launches and launch infrastructure; and
       (2) enhancing technical capabilities and operational safety 
     at the Eastern, Western, and other United States space launch 
     ranges.
                                 ______
                                 
  SA 3377. Mr. KENNEDY (for himself, Mr. Leahy, Mr. Dayton, and Mr. 
Feingold) submitted an amendment intended to be proposed by him to the 
bill S. 2400, to authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 1022. REPORT ON THE STABILIZATION OF IRAQ.

       (a) Initial Report.--Not later than 30 days after the date 
     of the enactment of this Act, the President shall submit to 
     the congressional defense committees an unclassified report 
     (with classified annex, if necessary) on the strategy of the 
     United States for stabilizing Iraq. The report shall, at a 
     minimum, contain a detailed explanation of the strategy 
     together with the following information:
       (1) A description of the efforts of the President to work 
     with the United Nations and the North Atlantic Treaty 
     Organization to assist the nearly 140,000 members of the 
     Armed Forces of the United States who were serving in Iraq as 
     of June 2004, including efforts to ensure that--
       (A) more military forces of other countries are deployed to 
     Iraq;
       (B) more police forces of other countries are deployed to 
     Iraq; and
       (C) more financial resources of other countries are 
     provided for the stabilization and reconstruction of Iraq.
       (2) As a result of such efforts--
       (A) a list of the countries that have committed to 
     deploying military and police forces;
       (B) with respect to each such country, the schedule and 
     level of such deployments;
       (C) a list of the countries that have committed to 
     providing financial resources for the stabilization and 
     reconstruction of Iraq; and
       (D) with respect to each country that has committed to 
     providing such financial resources, the level of, and the 
     schedule for providing, such assistance.
       (3) A description of the efforts of the President to 
     develop the police and military forces of Iraq to assist the 
     nearly 140,000 members of the Armed Forces of the United 
     States who were serving in Iraq as of June 2004.
       (4) As a result of such efforts--
       (A) the number of members of the police and military forces 
     of Iraq that have been recruited;
       (B) the number of members of the police and military forces 
     of Iraq that have been trained; and
       (C) the number of members of the police and military forces 
     of Iraq that have been deployed.
       (5) A description of the anticipated United States military 
     force posture in the region during the next year, including 
     an estimate of--
       (A) the number of members of the Armed Forces that will be 
     required to serve in Iraq during the next year;
       (B) the number of members of the Armed Forces that will be 
     serving in Iraq as of December 31, 2005; and
       (C) the percentage of such forces that will be composed of 
     members of the National Guard and Reserves.
       (6) A description of the efforts of the United States, 
     Coalition forces, and the people of Iraq to assist in the 
     reconstruction of essential infrastructure, including the oil 
     industry, electricity generation capabilities, roads, 
     schools, and hospitals, in Iraq.
       (7) A description of the efforts of the United States, 
     Coalition forces, relevant international agencies, pro-
     democracy organizations, and the people of Iraq to assist in 
     the development of political institutions and prepare for 
     democratic elections in Iraq.
       (b) Updated Reports.--The President shall submit to the 
     congressional defense committees an unclassified report (with 
     classified annex, if necessary) that describes the strategy 
     of the United States for stabilizing Iraq and updates the 
     information required under subsection (a)--
       (1) not later than 180 days after the date of the enactment 
     of this Act; and
       (2) not later than one year after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 3378. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed by him to the bill S. 2400, to authorize 
appropriations for fiscal year 2005 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

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

         TITLE XIII--FOREIGN ASSISTANCE AND ARMS EXPORT MATTERS

     SEC. 1301. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE 
                   ARTICLES IN THE WAR RESERVE STOCKPILES FOR 
                   ALLIES TO ISRAEL.

       (a) Transfers for Concessions.--
       (1) Authority.--Notwithstanding section 514 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321h), the President may 
     transfer to Israel, in exchange for concessions to be 
     negotiated by the Secretary of Defense, with

[[Page 11648]]

     the concurrence of the Secretary of State, any or all of the 
     items described in paragraph (2).
       (2) Covered items.--The items referred to in paragraph (1) 
     are armor, artillery, automatic weapons ammunition, missiles, 
     and other munitions that--
       (A) are obsolete or surplus items;
       (B) are in the inventory of the Department of Defense;
       (C) are intended for use as reserve stocks for Israel; and
       (D) as of the date of enactment of this Act, are located in 
     a stockpile in Israel.
       (b) Value of Concessions.--The value of concessions 
     negotiated pursuant to subsection (a) shall be at least equal 
     to the fair market value of the items transferred. The 
     concessions may include cash compensation, services, waiver 
     of charges otherwise payable by the United States, and other 
     items of value.
       (c) Advance Notification of Transfers.--Not later than 30 
     days before making a transfer under the authority of this 
     section, the President shall transmit a notification of the 
     proposed transfer to the Committees on Foreign Relations and 
     Armed Services of the Senate and the Committees on 
     International Relations and Armed Services of the House of 
     Representatives. The notification shall identify the items to 
     be transferred and the concessions to be received.
       (d) Expiration of Authority.--No transfer may be made under 
     the authority of this section more than 5 years after the 
     date of the enactment of this Act.

     SEC. 1302. ADDITIONS TO WAR RESERVE STOCKPILES FOR ALLIES FOR 
                   FISCAL YEARS 2004 AND 2005.

       Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321h(b)(2)) is amended--
       (1) in subparagraph (A), by striking ``for fiscal year 
     2003'' and inserting ``for each of fiscal years 2004 and 
     2005''; and
       (2) in subparagraph (B), by striking ``for fiscal year 
     2003'' and inserting ``for a fiscal year''.

     SEC. 1303. THRESHOLDS FOR ADVANCE NOTICE TO CONGRESS OF SALES 
                   OR UPGRADES OF DEFENSE ARTICLES, DESIGN AND 
                   CONSTRUCTION SERVICES, AND MAJOR DEFENSE 
                   EQUIPMENT.

       (a) Letters of Offer To Sell.--Subsection (b) of section 36 
     of the Arms Export Control Act (22 U.S.C. 2776) is amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``Subject to paragraph (6), in'' and 
     inserting ``In'';
       (B) by striking ``Act for $50,000,000'' and inserting ``Act 
     for $100,000,000'';
       (C) by striking ``services for $200,000,000'' and inserting 
     ``services for $350,000,000'';
       (D) by striking ``$14,000,000'' and inserting 
     ``$50,000,000''; and
       (E) by inserting ``and in other cases if the President 
     determines it is appropriate,'' before ``before such 
     letter'';
       (2) in the first sentence of paragraph (5)(C)--
       (A) by striking ``Subject to paragraph (6), if'' and 
     inserting ``If'';
       (B) by striking ``costs $14,000,000'' and inserting ``costs 
     $50,000,000'';
       (C) by striking ``equipment, $50,000,000'' and inserting 
     ``equipment, $100,000,000'';
       (D) by striking ``or $200,000,000'' and inserting ``or 
     $350,000,000''; and
       (E) by inserting ``and in other cases if the President 
     determines it is appropriate,'' before ``then the 
     President''; and
       (3) by striking paragraph (6).
       (b) Export Licenses.--Subsection (c) of section 36 of the 
     Arms Export Control Act (22 U.S.C. 2776) is amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``Subject to paragraph (5), in'' and 
     inserting ``In'';
       (B) by striking ``$14,000,000'' and inserting 
     ``$50,000,000'';
       (C) by striking ``services sold under a contract in the 
     amount of $50,000,000'' and inserting ``services sold under a 
     contract in the amount of $100,000,000''; and
       (D) by inserting ``and in other cases if the President 
     determines it is appropriate,'' before ``before issuing 
     such'';
       (2) in the last sentence of paragraph (2), by striking 
     ``(A) and (B)'' and inserting ``(A), (B), and (C)''; and
       (3) by striking paragraph (5).
       (c) Presidential Consent.--Section 3(d) of the Arms Export 
     Control Act (22 U.S.C. 2753(d)) is amended--
       (1) in paragraphs (1) and (3)(A)--
       (A) by striking ``Subject to paragraph (5), the'' and 
     inserting ``The'';
       (B) by striking ``$14,000,000'' and inserting 
     ``$50,000,000''; and
       (C) by striking ``service valued (in terms of its original 
     acquisition cost) at $50,000,000'' and inserting ``service 
     valued (in terms of its original acquisition cost) at 
     $100,000,000''; and
       (2) by striking paragraph (5).

     SEC. 1304. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR 
                   TRANSFERS OF DEFENSE ITEMS.

       (a) Findings.--Congress makes the following findings:
       (1) Close defense cooperation between the United States and 
     each of the United Kingdom and Australia requires 
     interoperability among the armed forces of those countries.
       (2) The need for interoperability must be balanced with the 
     need for appropriate and effective regulation of trade in 
     defense items.
       (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) 
     authorizes the executive branch to administer arms export 
     policies enacted by Congress in the exercise of its 
     constitutional power to regulate commerce with foreign 
     nations.
       (4) The executive branch has exercised its authority under 
     the Arms Export Control Act, in part, through the 
     International Traffic in Arms Regulations.
       (5) Agreements to gain exemption from the International 
     Traffic in Arms Regulations must be submitted to Congress for 
     review.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives.
       (2) Defense items.--The term ``defense items'' has the 
     meaning given the term in section 38 of the Arms Export 
     Control Act (22 U.S.C. 2778).
       (3) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means the 
     regulations maintained under parts 120 through 130 of title 
     22, Code of Federal Regulations, and any successor 
     regulations.
       (c) Exceptions From Bilateral Agreement Requirements.--
       (1) In general.--Subsection (j) of section 38 of the Arms 
     Export Control Act (22 U.S.C. 2778) is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Exceptions from bilateral agreement requirements.--
       ``(A) Australia.--Subject to the provisions of section 1304 
     of the National Defense Authorization Act for Fiscal Year 
     2005, the requirements for a bilateral agreement described in 
     paragraph (2)(A) shall not apply to a bilateral agreement 
     between the United States Government and the Government of 
     Australia with respect to transfers or changes in end use of 
     defense items within Australia that will remain subject to 
     the licensing requirements of this Act after such agreement 
     enters into force.
       ``(B) United kingdom.--Subject to the provisions of section 
     1304 of the National Defense Authorization Act for Fiscal 
     Year 2005, the requirements for a bilateral agreement 
     described in paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) 
     shall not apply to a bilateral agreement between the United 
     States Government and the Government of the United Kingdom 
     for an exemption from the licensing requirements of this 
     Act.''.
       (2) Conforming amendment.--Paragraph (2) of such subsection 
     is amended in the matter preceding subparagraph (A) by 
     striking ``A bilateral agreement'' and inserting ``Except as 
     provided in paragraph (4), a bilateral agreement''.
       (d) Certifications.--Not later than 30 days before 
     authorizing an exemption from the licensing requirements of 
     the International Traffic in Arms Regulations in accordance 
     with any bilateral agreement entered into with the United 
     Kingdom or Australia under section 38(j) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)), as amended by subsection 
     (c), the President shall certify to the appropriate 
     congressional committees that such agreement--
       (1) is in the national interest of the United States and 
     will not in any way affect the goals and policy of the United 
     States under section 1 of the Arms Export Control Act (22 
     U.S.C. 2751);
       (2) does not adversely affect the efficacy of the 
     International Traffic in Arms Regulations to provide 
     consistent and adequate controls for licensed exports of 
     United States defense items; and
       (3) will not adversely affect the duties or requirements of 
     the Secretary of State under the Arms Export Control Act.
       (e) Notification of Bilateral Licensing Exemptions.--Not 
     later than 30 days before authorizing an exemption from the 
     licensing requirements of the International Traffic in Arms 
     Regulations in accordance with any bilateral agreement 
     entered into with the United Kingdom or Australia under 
     section 38(j) of the Arms Export Control Act (22 U.S.C. 
     2778(j)), as amended by subsection (c), the President shall 
     submit to the appropriate congressional committees the text 
     of the regulations that authorize such a licensing exemption.
       (f) Report on Consultation Issues.--Not later than one year 
     after the date of the enactment of this Act and annually 
     thereafter for each of the following 5 years, the President 
     shall submit to the appropriate congressional committees a 
     report on issues raised during the previous year in 
     consultations conducted under the terms of any bilateral 
     agreement entered into with Australia under section 38(j) of 
     the Arms Export Control Act, or under the terms of any 
     bilateral agreement entered into with the United Kingdom 
     under such section, for exemption from the licensing 
     requirements of the Arms Export Control Act (22 U.S.C. 2751 
     et seq.). Each report shall contain--
       (1) information on any notifications or consultations 
     between the United States and

[[Page 11649]]

     the United Kingdom under the terms of any agreement with the 
     United Kingdom, or between the United States and Australia 
     under the terms of any agreement with Australia, concerning 
     the modification, deletion, or addition of defense items on 
     the United States Munitions List, the United Kingdom Military 
     List, or the Australian Defense and Strategic Goods List;
       (2) a list of all United Kingdom or Australia persons and 
     entities that have been designated as qualified persons 
     eligible to receive United States origin defense items exempt 
     from the licensing requirements of the Arms Export Control 
     Act under the terms of such agreements, and listing any 
     modification, deletion, or addition to such lists, pursuant 
     to the requirements of any agreement with the United Kingdom 
     or any agreement with Australia;
       (3) information on consultations or steps taken pursuant to 
     any agreement with the United Kingdom or any agreement with 
     Australia concerning cooperation and consultation with 
     either government on the effectiveness of the defense 
     trade control systems of such government;
       (4) information on provisions and procedures undertaken 
     pursuant to--
       (A) any agreement with the United Kingdom with respect to 
     the handling of United States origin defense items exempt 
     from the licensing requirements of the Arms Export Control 
     Act by persons and entities qualified to receive such items 
     in the United Kingdom; and
       (B) any agreement with Australia with respect to the 
     handling of United States origin defense items exempt from 
     the licensing requirements of the Arms Export Control Act by 
     persons and entities qualified to receive such items in 
     Australia;
       (5) information on any new understandings, including the 
     text of such understandings, between the United States and 
     the United Kingdom concerning retransfer of United States 
     origin defense items made pursuant to any agreement with the 
     United Kingdom to gain exemption from the licensing 
     requirements of the Arms Export Control Act;
       (6) information on consultations with the Government of the 
     United Kingdom or the Government of Australia concerning the 
     legal enforcement of any such agreements;
       (7) information on United States origin defense items with 
     respect to which the United States has provided an exception 
     under the Memorandum of Understanding between the United 
     States and the United Kingdom and any agreement between the 
     United States and Australia from the requirement for United 
     States Government re-export consent that was not provided for 
     under United States laws and regulations in effect on the 
     date of the enactment of this Act; and
       (8) information on any significant concerns that have 
     arisen between the Government of Australia or the Government 
     of the United Kingdom and the United States Government 
     concerning any aspect of any bilateral agreement between such 
     country and the United States to gain exemption from the 
     licensing requirements of the Arms Export Control Act.
       (g) Special Notifications.--
       (1) Required notifications.--The Secretary of State shall 
     notify the appropriate congressional committees not later 
     than 90 days after receiving any credible information 
     regarding an unauthorized end-use or diversion of United 
     States exports of goods or services made pursuant to any 
     agreement with a country to gain exemption from the licensing 
     requirements of the Arms Export Control Act. The notification 
     shall be made in a manner that is consistent with any ongoing 
     efforts to investigate and commence civil actions or criminal 
     investigations or prosecutions regarding such matters and may 
     be made in classified or unclassified form.
       (2) Content.--The notification regarding an unauthorized 
     end-use or diversion of goods or services under paragraph (1) 
     shall include--
       (A) a description of the goods or services;
       (B) the United States origin of the good or service;
       (C) the authorized recipient of the good or service;
       (D) a detailed description of the unauthorized end-use or 
     diversion, including any knowledge by the United States 
     exporter of such unauthorized end-use or diversion;
       (E) any enforcement action taken by the Government of the 
     United States; and
       (F) any enforcement action taken by the government of the 
     recipient nation.

     SEC. 1305. AUTHORITY TO PROVIDE CATALOGING DATA AND SERVICES 
                   TO NON-NATO COUNTRIES.

       Section 21(h)(2) of the Arms Export Control Act (22 U.S.C. 
     2761(h)(2)) is amended by striking ``to the North Atlantic 
     Treaty Organization or to any member government of that 
     Organization if that Organization or member government'' and 
     inserting ``to the North Atlantic Treaty Organization, to any 
     member government of that Organization, or to the government 
     of any other country if that Organization, member government, 
     or other government''.

     SEC. 1306. FREEDOM SUPPORT ACT PERMANENT WAIVER AUTHORITY.

       (a) Authority To Waive Restrictions and Eligibility 
     Requirements.--If the President submits the certification and 
     report described in subsection (b) with respect to an 
     independent state of the former Soviet Union for a fiscal 
     year, funds may be obligated and expended during that fiscal 
     year under sections 503 and 504 of the FREEDOM Support Act 
     (22 U.S.C. 5853 and 5854) for assistance or other programs 
     and activities for that state even if that state has not met 
     one or more of the requirements for eligibility under 
     paragraphs (1) through (4) of section 502 of such Act (22 
     U.S.C. 5852).
       (b) Certification and Report.--
       (1) In general.--The certification and report referred to 
     in subsection (a) are a written certification submitted by 
     the President to Congress that the waiver of the restriction 
     under such section 502 and the requirements in that section 
     during the fiscal year covered by such certification is 
     important to the national security interests of the United 
     States, together with a report containing the following:
       (A) A description of the activity or activities that 
     prevent the President from certifying that the state is 
     committed to the matters set forth in the provisions of law 
     specified in subsection (a) in such fiscal year.
       (B) An explanation of why the waiver is important to the 
     national security interests of the United States.
       (C) A description of the strategy, plan, or policy of the 
     President for promoting the commitment of the state to, and 
     compliance by the state with, such matters, notwithstanding 
     the waiver.
       (2) Form of report.--A report under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 1307. MARKETING INFORMATION FOR COMMERCIAL 
                   COMMUNICATIONS SATELLITES.

       (a) In General.--A license shall not be required under 
     section 38 of the Arms Export Control Act (22 U.S.C. 2778) 
     for the transfer of marketing information for the purpose of 
     providing information directly related to the sale of 
     commercial communications satellites and related parts to a 
     member country of the North Atlantic Treaty Organization 
     (NATO) and Australia, Japan, and New Zealand.
       (b) Marketing Information.--In this section, the term 
     ``marketing information'' means data that a seller must 
     provide to a potential customer (including a foreign end-
     user) that will enable the customer to make a purchase 
     decision to award a contract for goods or services, including 
     system description, functional information, price and 
     schedule information, information required for installation, 
     operation, maintenance, and repair, and includes that level 
     of data necessary to ensure safe use of the product, but does 
     not include sensitive encryption and source code data, 
     detailed design data, engineering analysis, or manufacturing 
     know-how.
       (c) Exception.--Nothing in this section shall exempt 
     commercial communications satellites from any licensing 
     requirement under section 38 of the Arms Export Control Act 
     (22 U.S.C. 2778) for defense items and defense services, 
     except as described in subsection (a).

     SEC. 1308. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN 
                   FOREIGN COUNTRIES.

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

[[Page 11650]]

     this section, that the country to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that country, performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (f) Expiration of Authority.-- The authority to transfer a 
     vessel under this section shall expire at the end of the two-
     year period beginning on the date of the enactment of this 
     Act.

     SEC. 1309. ADDITIONAL INFORMATION IN CERTIFICATIONS BY THE 
                   PRESIDENT WITH RESPECT TO APPLICATIONS FOR 
                   LICENSES FOR THE EXPORT OF DEFENSE ARTICLES OR 
                   DEFENSE SERVICES SOLD UNDER A CONTRACT.

       Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 
     2776(c)(1)) is amended by striking ``and (C) a description of 
     the items to be exported'' and inserting ``(C) a description 
     of the items to be exported, and (D) the date on which the 
     contract was signed and the identities of the parties to the 
     contract''.
                                 ______
                                 
  SA 3379. Mr. BIDEN 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 A of title X, add the following:
       Sec. __. (a) Provision of Funds for Security and 
     Stabilization of Iraq Through Partial Suspension of Reduction 
     in Highest Income Tax Rate for Individual Taxpayers.--The 
     table contained in paragraph (2) of section 1(i) of the 
     Internal Revenue Code of 1986 (relating to (relating to 
     reductions in rates after June 30, 2001) is amended to read 
     as follows:

----------------------------------------------------------------------------------------------------------------
                                              The corresponding percentages shall be substituted for
  ``In the case of taxable years beginning                  the following percentages:
            during calendar year:            -------------------------------------------------------
                                                   28%           31%           36%          39.6%
----------------------------------------------------------------------------------------------------
2001........................................      27.5%         30.5%         35.5%         39.1%
2002........................................      27.0%         30.0%         35.0%         38.6%
2003 and 2004...............................      25.0%         28.0%         33.0%         35.0%
2005 and thereafter.........................      25.0%         28.0%         33.0%       36.0%''.
----------------------------------------------------------------------------------------------------------------

       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.
       (c) Application of EGTRRA Sunset to This Section.--The 
     amendment made by this section shall be subject to title IX 
     of the Economic Growth and Tax Relief Reconciliation Act of 
     2001 to the same extent and in the same manner as the 
     provision of such Act to which such amendment relates.
                                 ______
                                 
  SA 3380. Mr. BIDEN (for himself and Mr. Carper) 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 61, line 12, strike ``106,800'' and insert 
     ``106,842''.
       On page 62, line 24, strike ``12,253'' and insert 
     ``12,271''.
       On page 65, line 7, strike ``$104,535,458,000'' and insert 
     ``$104,538,108,000''.
       On page 36, line 7, strike ``$4,366,738,000'' and insert 
     ``4,367,985,000''.
                                 ______
                                 
  SA 3381. Mr. BIDEN (for himself and Mr. Carper) 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 61, line 12, strike ``106,800'' and insert 
     ``106,842''.
       On page 62, line 24, strike ``12,253'' and insert 
     ``12,271''.
                                 ______
                                 
  SA 3382. Ms. CANTWELL (for herself and Mrs. Murray) 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 372, after line 17, insert the following:

     SEC. 2844. LIMITATIONS ON CONVEYANCE OF NAVY PROPERTY AT 
                   DISCOVERY PARK, SEATTLE, WASHINGTON.

       (a) Prohibition on Conveyance Through Housing Privatization 
     Initiative.--The Secretary of the Navy may not convey the 
     Navy property at Discovery Park pursuant to the authority in 
     section 2878 of title 10, United States Code, or any other 
     authority under the alternative authority for the acquisition 
     and improvement of military housing under subchapter IV of 
     chapter 169 of such title.
       (b) Conveyance for Public Parks Purposes.--(1) If the 
     Secretary determines that the Navy property at Discovery Park 
     is excess property of the Department of the Navy, the Navy 
     property at Discovery Park may be disposed of only through 
     the authority provided under paragraph (2) for the conveyance 
     of such property.
       (2) The Secretary may convey, without consideration, to the 
     State of Washington or the City of Seattle, Washington, all 
     right, title, and interest of the United States in and to the 
     Navy property at Discovery Park, for the purpose of 
     establishing, expanding, or improving a public park or 
     recreation area.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (b) shall be determined by a survey or surveys 
     satisfactory to the Secretary.
       (d) Responsibility for Environmental Cleanup.--The 
     Secretary shall retain liability under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.), and any other applicable 
     environmental statute or regulation, for any environmental 
     hazard on the property conveyed under subsection (b) as of 
     the date of the conveyance under that subsection.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (b) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (f) Definitions.--In this section:
       (1) The term ``Navy property at Discovery Park'' means the 
     following parcels of real property, together with any 
     improvements thereon, located within the boundary of 
     Discovery Park, Seattle, Washington:
       (A) The parcel consisting of approximately 23.91 acres 
     known as the Capehart Housing Complex.
       (B) The parcel consisting of approximately 3.47 acres 
     located at Montana Circle.
       (C) The parcel consisting of approximately 3.76 acres 
     located at Washington Avenue North.
       (D) The parcel consisting of approximately 1.93 acres 
     located at Washington Avenue South.
       (2) The term ``excess property'' has the meaning given such 
     term in section 102 of title 40, United States Code.
                                 ______
                                 
  SA 3383. Mr. BOND (for himself, Mr. Harkin, and Mr. Talent) submitted 
an amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XXXI, insert the 
     following:

[[Page 11651]]



     SEC. 3146. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS 
                   PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT 
                   UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Energy workers at the former Mallinkrodt facilities 
     (including the St. Louis downtown facility and the Weldon 
     Springs facility) were exposed to levels of radionuclides and 
     radioactive materials that were much greater than the current 
     maximum allowable Federal standards.
       (2) The Mallinkrodt workers at the St. Louis site were 
     exposed to excessive levels of airborne uranium dust relative 
     to the standards in effect during the time, and many workers 
     were exposed to 200 times the preferred levels of exposure.
       (3)(A) The chief safety officer for the Atomic Energy 
     Commission during the Mallinkrodt-St. Louis operations 
     described the facility as 1 of the 2 worst plants with 
     respect to worker exposures.
       (B) Workers were excreting in excess of a milligram of 
     uranium per day causing kidney damage.
       (C) A recent epidemiological study found excess levels of 
     nephritis and kidney cancer from inhalation of uranium dusts.
       (4) The Department of Energy has admitted that those 
     Mallinkrodt workers were subjected to risks and had their 
     health endangered as a result of working with these highly 
     radioactive materials.
       (5) The Department of Energy reported that workers at the 
     Weldon Springs feed materials plant handled plutonium and 
     recycled uranium, which are highly radioactive.
       (6) The National Institute of Occupational Safety and 
     Health admits that--
       (A) the operations at the St. Louis downtown site consisted 
     of intense periods of processing extremely high levels of 
     radionuclides; and
       (B) the Institute has virtually no personal monitoring data 
     for Mallinkrodt workers prior to 1948.
       (7) The National Institute of Occupational Safety and 
     Health has informed claimants and their survivors at those 3 
     Mallinkrodt sites that if they are not interviewed as a part 
     of the dose reconstruction process, it--
       (A) would hinder the ability of the Institute to conduct 
     dose reconstruction for the claimant; and
       (B) may result in a dose reconstruction that incompletely 
     or inaccurately estimates the radiation dose to which the 
     energy employee named in the claim had been exposed.
       (8) Energy workers at the Iowa Army Ammunition Plant (also 
     known as the Burlington Atomic Energy Commission Plant and 
     the Iowa Ordnance Plant) between 1947 and 1975 were exposed 
     to levels of radionuclides and radioactive material, 
     including enriched uranium, plutonium, tritium, and depleted 
     uranium, in addition to beryllium and photon radiation, that 
     are greater than the current maximum Federal standards for 
     exposure.
       (9) According to the National Institute of Occupational 
     Safety and Health--
       (A) between 1947 and 1975, no records, including bioassays 
     or air samples, have been located that indicate any 
     monitoring occurred of internal doses of radiation to which 
     workers described in paragraph (8) were exposed;
       (B) between 1947 and 1955, no records, including dosimetry 
     badges, have been located to indicate that any monitoring 
     occurred of the external doses of radiation to which such 
     workers were exposed;
       (C) between 1955 and 1962, records indicate that only 8 to 
     23 workers in a workforce of over 1,000 were monitored for 
     external radiation doses; and
       (D) between 1970 and 1975, the high point of screening at 
     the Iowa Army Ammunition Plant, only 25 percent of the 
     workforce was screened for exposure to external radiation.
       (10) The Department of Health and Human Services published 
     the first notice of proposed rulemaking concerning the 
     Special Exposure Cohort on June 25, 2002, and as of May 13, 
     2004, the rule has yet to be finalized.
       (11) Many of those former workers have died while waiting 
     for the proposed rule to be finalized, including some 
     claimants who were waiting for dose reconstruction to be 
     completed.
       (12) Because of the aforementioned reasons, including the 
     serious lack of records and the death of many potential 
     claimants, it is not feasible to conduct valid dose 
     reconstructions for the Iowa Army Ammunition Plant facility 
     or the Mallinkrodt facilities.
       (b) Inclusion of Certain Former Workers in Cohort.--Section 
     3621(14) of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (title XXXVI of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 
     7384l(14)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) Subject to the provisions of section 3612A, the 
     employee was so employed for a number of work days 
     aggregating at least 45 workdays at a facility operated under 
     contract to the Department of Energy by Mallinkrodt 
     Incorporated or its successors (including the St. Louis 
     downtown or `Destrahan' facility during any of calendar years 
     1942 through 1958 and the Weldon Springs feed materials plant 
     facility during any of calendar years 1958 through 1966), or 
     at a facility operated by the Department of Energy or under 
     contract by Mason & Hangar-Silas Mason Company at the Iowa 
     Army Ammunition Plant (also known as the Burlington Atomic 
     Energy Commission Plant and the Iowa Ordnance Plant) during 
     any of the calendar years 1947 through 1975, and during the 
     employment--
       ``(i)(I) was monitored through the use of dosimetry badges 
     for exposure at the plant of the external parts of an 
     employee's body to radiation; or
       ``(II) was monitored through the use of bioassays, in vivo 
     monitoring, or breath samples for exposure at the plant to 
     internal radiation; or
       ``(ii) worked in a job that had exposures comparable to a 
     job that is monitored, or should have been monitored, under 
     standards of the Department of Energy in effect on the date 
     of enactment of this subparagraph through the use of 
     dosimetry badges for monitoring external radiation exposures, 
     or bioassays, in vivo monitoring, or breath samples for 
     internal radiation exposures, at a facility.''.
       (c) Funding of Compensation and Benefits.--(1) Such Act is 
     further amended by inserting after section 3612 the following 
     new section:

     ``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR 
                   CERTAIN MEMBERS OF THE SPECIAL EXPOSURE COHORT.

       ``(a) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Department of Labor for 
     each fiscal year after fiscal year 2004 such sums as may be 
     necessary for the provision of compensation and benefits 
     under the compensation program for members of the Special 
     Exposure Cohort described in section 3621(14)(C) in such 
     fiscal year.
       ``(b) Prohibition on Use for Administrative Costs.--(1) No 
     amount authorized to be appropriated by subsection (a) may be 
     utilized for purposes of carrying out the compensation 
     program for the members of the Special Exposure Cohort 
     referred to in that subsection or administering the amount 
     authorized to be appropriated by subsection (a).
       ``(2) Amounts for purposes described in paragraph (1) shall 
     be derived from amounts authorized to be appropriated by 
     section 3614(a).
       ``(c) Provision of Compensation and Benefits Subject to 
     Appropriations Acts.--The provision of compensation and 
     benefits under the compensation program for members of the 
     Special Exposure Cohort referred to in subsection (a) in any 
     fiscal year shall be subject to the availability of 
     appropriations for that purpose for such fiscal year and to 
     applicable provisions of appropriations Acts.''.
       (2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is 
     amended--
       (A) by inserting ``(1)'' before ``Subject''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Amounts for the provision of compensation and 
     benefits under the compensation program for members of the 
     Special Exposure Cohort described in section 3621(14)(C) 
     shall be derived from amounts authorized to be appropriated 
     by section 3612A(a).''.
                                 ______
                                 
  SA 3384. Mr. BOND (for himself, Mr. Harkin, and Mr. Talent) submitted 
an amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XXXI, insert the 
     following:

     SEC. 3146. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS 
                   PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT 
                   UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Energy workers at the former Mallinkrodt facilities 
     (including the St. Louis downtown facility and the Weldon 
     Springs facility) were exposed to levels of radionuclides and 
     radioactive materials that were much greater than the current 
     maximum allowable Federal standards.
       (2) The Mallinkrodt workers at the St. Louis site were 
     exposed to excessive levels of airborne uranium dust relative 
     to the standards in effect during the time, and many workers 
     were exposed to 200 times the preferred levels of exposure.
       (3)(A) The chief safety officer for the Atomic Energy 
     Commission during the Mallinkrodt-St. Louis operations 
     described the facility as 1 of the 2 worst plants with 
     respect to worker exposures.
       (B) Workers were excreting in excess of a milligram of 
     uranium per day causing kidney damage.

[[Page 11652]]

       (C) A recent epidemiological study found excess levels of 
     nephritis and kidney cancer from inhalation of uranium dusts.
       (4) The Department of Energy has admitted that those 
     Mallinkrodt workers were subjected to risks and had their 
     health endangered as a result of working with these highly 
     radioactive materials.
       (5) The Department of Energy reported that workers at the 
     Weldon Springs feed materials plant handled plutonium and 
     recycled uranium, which are highly radioactive.
       (6) The National Institute of Occupational Safety and 
     Health admits that--
       (A) the operations at the St. Louis downtown site consisted 
     of intense periods of processing extremely high levels of 
     radionuclides; and
       (B) the Institute has virtually no personal monitoring data 
     for Mallinkrodt workers prior to 1948.
       (7) The National Institute of Occupational Safety and 
     Health has informed claimants and their survivors at those 3 
     Mallinkrodt sites that if they are not interviewed as a part 
     of the dose reconstruction process, it--
       (A) would hinder the ability of the Institute to conduct 
     dose reconstruction for the claimant; and
       (B) may result in a dose reconstruction that incompletely 
     or inaccurately estimates the radiation dose to which the 
     energy employee named in the claim had been exposed.
       (8) Energy workers at the Iowa Army Ammunition Plant (also 
     known as the Burlington Atomic Energy Commission Plant and 
     the Iowa Ordnance Plant) between 1947 and 1975 were exposed 
     to levels of radionuclides and radioactive material, 
     including enriched uranium, plutonium, tritium, and depleted 
     uranium, in addition to beryllium and photon radiation, that 
     are greater than the current maximum Federal standards for 
     exposure.
       (9) According to the National Institute of Occupational 
     Safety and Health--
       (A) between 1947 and 1975, no records, including bioassays 
     or air samples, have been located that indicate any 
     monitoring occurred of internal doses of radiation to which 
     workers described in paragraph (8) were exposed;
       (B) between 1947 and 1955, no records, including dosimetry 
     badges, have been located to indicate that any monitoring 
     occurred of the external doses of radiation to which such 
     workers were exposed;
       (C) between 1955 and 1962, records indicate that only 8 to 
     23 workers in a workforce of over 1,000 were monitored for 
     external radiation doses; and
       (D) between 1970 and 1975, the high point of screening at 
     the Iowa Army Ammunition Plant, only 25 percent of the 
     workforce was screened for exposure to external radiation.
       (10) The Department of Health and Human Services published 
     the first notice of proposed rulemaking concerning the 
     Special Exposure Cohort on June 25, 2002, and as of May 13, 
     2004, the rule has yet to be finalized.
       (11) Many of those former workers have died while waiting 
     for the proposed rule to be finalized, including some 
     claimants who were waiting for dose reconstruction to be 
     completed.
       (12) Because of the aforementioned reasons, including the 
     serious lack of records and the death of many potential 
     claimants, it is not feasible to conduct valid dose 
     reconstructions for the Iowa Army Ammunition Plant facility 
     or the Mallinkrodt facilities.
       (b) Inclusion of Certain Former Workers in Cohort.--Section 
     3621(14) of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (title XXXVI of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 
     7384l(14)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) Subject to the provisions of section 3612A, the 
     employee was so employed for a number of work days 
     aggregating at least 45 workdays at a facility operated under 
     contract to the Department of Energy by Mallinkrodt 
     Incorporated or its successors (including the St. Louis 
     downtown or `Destrahan' facility during any of calendar years 
     1942 through 1958 and the Weldon Springs feed materials plant 
     facility during any of calendar years 1958 through 1966), or 
     at a facility operated by the Department of Energy or under 
     contract by Mason & Hangar-Silas Mason Company at the Iowa 
     Army Ammunition Plant (also known as the Burlington Atomic 
     Energy Commission Plant and the Iowa Ordnance Plant) during 
     any of the calendar years 1947 through 1975, and during the 
     employment--
       ``(i)(I) was monitored through the use of dosimetry badges 
     for exposure at the plant of the external parts of an 
     employee's body to radiation; or
       ``(II) was monitored through the use of bioassays, in vivo 
     monitoring, or breath samples for exposure at the plant to 
     internal radiation; or
       ``(ii) worked in a job that had exposures comparable to a 
     job that is monitored, or should have been monitored, under 
     standards of the Department of Energy in effect on the date 
     of enactment of this subparagraph through the use of 
     dosimetry badges for monitoring external radiation exposures, 
     or bioassays, in vivo monitoring, or breath samples for 
     internal radiation exposures, at a facility.''.
       (c) Funding of Compensation and Benefits.--(1) Such Act is 
     further amended by inserting after section 3612 the following 
     new section:

     ``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR 
                   CERTAIN MEMBERS OF THE SPECIAL EXPOSURE COHORT.

       ``(a) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Department of Labor for 
     each fiscal year after fiscal year 2004 such sums as may be 
     necessary for the provision of compensation and benefits 
     under the compensation program for members of the Special 
     Exposure Cohort described in section 3621(14)(C) in such 
     fiscal year.
       ``(b) Prohibition on Use for Administrative Costs.--(1) No 
     amount authorized to be appropriated by subsection (a) may be 
     utilized for purposes of carrying out the compensation 
     program for the members of the Special Exposure Cohort 
     referred to in that subsection or administering the amount 
     authorized to be appropriated by subsection (a).
       ``(2) Amounts for purposes described in paragraph (1) shall 
     be derived from amounts authorized to be appropriated by 
     section 3614(a).
       ``(c) Provision of Compensation and Benefits Subject to 
     Appropriations Acts.--The provision of compensation and 
     benefits under the compensation program for members of the 
     Special Exposure Cohort referred to in subsection (a) in any 
     fiscal year shall be subject to the availability of 
     appropriations for that purpose for such fiscal year and to 
     applicable provisions of appropriations Acts.''.
       (2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is 
     amended--
       (A) by inserting ``(1)'' before ``Subject''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Amounts for the provision of compensation and 
     benefits under the compensation program for members of the 
     Special Exposure Cohort described in section 3621(14)(C) 
     shall be derived from amounts authorized to be appropriated 
     by section 3612A(a).''.
       On page 373, line 18, strike ``$6,674,898,000'' and insert 
     ``6,494,898,000''.
                                 ______
                                 
  SA 3385. Mr. INHOFE (for himself and Mr. Chambliss) 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 163, between lines 19 and 20, insert the following:
       ``(c) Inapplicability to Contracts for Certain Services.--
     This section does not apply to procurements of the following 
     services:
       ``(1) Printing, binding, or blank-book work to which 
     section 502 of title 44 applies.
       ``(2) Services available under the FEDLINK program pursuant 
     to section 103 of the Library of Congress Fiscal Operations 
     Improvement Act of 2000 (Public Law 106-481; 114 Stat. 2187; 
     2 U.S.C. 182c).
                                 ______
                                 
  SA 3386. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle F of title X, insert the following:

     SEC. 1055. HUMANE TREATMENT OF DETAINEES.

       (a) Findings.--Congress makes the following findings:
       (1) After World War II, the United States and its allies 
     created a new international legal order based on respect for 
     human rights. One of its fundamental tenets was a universal 
     prohibition on torture and ill treatment.
       (2) On June 26, 2003, the International Day in Support of 
     Victims of Torture, President George W. Bush stated, ``The 
     United States is committed to the world-wide elimination of 
     torture and we are leading this fight by example. I call on 
     all governments to join with the United States and the 
     community of law-abiding nations in prohibiting, 
     investigating, and prosecuting all acts of torture and in 
     undertaking to prevent other cruel and unusual punishment.''.
       (3) The United States is a party to the Geneva Conventions, 
     which prohibit torture, cruel treatment, or outrages upon 
     personal dignity, in particular, humiliating and degrading 
     treatment, during armed conflict.

[[Page 11653]]

       (4) The United States is a party to 2 treaties that 
     prohibit torture and cruel, inhuman, or degrading treatment 
     or punishment, as follows:
       (A) The International Covenant on Civil and Political 
     Rights, done at New York December 16, 1966.
       (B) The Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984.
       (5) The United States filed reservations to the treaties 
     described in subparagraphs (A) and (B) of paragraph (4) 
     stating that the United States considers itself bound to 
     prevent ``cruel, inhuman or degrading treatment or 
     punishment'' to the extent that phrase means the cruel, 
     unusual, and inhumane treatment or punishment prohibited by 
     the 5th amendment, 8th amendment, or 14th amendment to the 
     Constitution.
       (6) Army Regulation 190-8 entitled ``Enemy Prisoners of 
     War, Retained Personnel, Civilian Internees and Other 
     Detainees'' provides that ``Inhumane treatment is a serious 
     and punishable violation under international law and the 
     Uniform Code of Military Justice (UCMJ).... All prisoners 
     will receive humane treatment without regard to race, 
     nationality, religion, political opinion, sex, or other 
     criteria. The following acts are prohibited: murder, torture, 
     corporal punishment, mutilation, the taking of hostages, 
     sensory deprivation, collective punishments, execution 
     without trial by proper authority, and all cruel and 
     degrading treatment.... All persons will be respected as 
     human beings. They will be protected against all acts of 
     violence to include rape, forced prostitution, assault and 
     theft, insults, public curiosity, bodily injury, and 
     reprisals of any kind.... This list is not exclusive.''.
       (7) The Field Manual on Intelligence Interrogation of the 
     Department of the Army states that ``acts of violence or 
     intimidation, including physical or mental torture, threats, 
     insults, or exposure to inhumane treatment as a means of or 
     an aid to interrogation'' are ``illegal''. Such Manual 
     defines ``infliction of pain through... bondage (other than 
     legitimate use of restraints to prevent escape)'', ``forcing 
     an individual to stand, sit, or kneel in abnormal positions 
     for prolonged periods of time'', ``food deprivation'', and 
     ``any form of beating'' as ``physical torture'', defines 
     ``abnormal sleep deprivation'' as ``mental torture'', and 
     prohibits the use of such tactics under any circumstances.
       (8) The Field Manual on Intelligence Interrogation of the 
     Department of the Army states that ``Use of torture and other 
     illegal methods is a poor technique that yields unreliable 
     results, may damage subsequent collection efforts, and can 
     induce the source to say what he thinks the interrogator 
     wants to hear. Revelation of use of torture by U.S. personnel 
     will bring discredit upon the U.S. and its armed forces while 
     undermining domestic and international support for the war 
     effort. It may also place U.S. and allied personnel in enemy 
     hands at a greater risk of abuse by their captors.''.
       (b) Prohibition on Torture or Cruel, Inhuman, or Degrading 
     Treatment or Punishment.--(1) No person in the custody or 
     under the physical control of the United States shall be 
     subject to torture or cruel, inhuman, or degrading treatment 
     or punishment that is prohibited by the Constitution, laws, 
     or treaties of the United States.
       (2) Nothing in this section shall affect the status of any 
     person under the Geneva Conventions or whether any person is 
     entitled to the protections of the Geneva Conventions.
       (c) Rules, Regulations, and Guidelines.--(1) Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary shall prescribe the rules, regulations, or 
     guidelines necessary to ensure compliance with the 
     prohibition in subsection (b)(1) by the members of the United 
     States Armed Forces and by any person providing services to 
     the Department of Defense on a contract basis.
       (2) The Secretary shall submit to the congressional defense 
     committees the rules, regulations, or guidelines prescribed 
     under paragraph (1), and any modifications to such rules, 
     regulations, or guidelines--
       (A) not later than 30 days after the effective date of such 
     rules, regulations, guidelines, or modifications; and
       (B) in a manner and form that will protect the national 
     security interests of the United States.
       (d) Report to Congress.--(1) The Secretary shall submit, on 
     a timely basis and not less than twice each year, a report to 
     Congress on the circumstances surrounding any investigation 
     of a possible violation of the prohibition in subsection 
     (b)(1) by a member of the Armed Forces or by a person 
     providing services to the Department of Defense on a contract 
     basis.
       (2) A report required under paragraph (1) shall be 
     submitted in a manner and form that--
       (A) will protect the national security interests of the 
     United States; and
       (B) will not prejudice any prosecution of an individual 
     involved in, or responsible for, a violation of the 
     prohibition in subsection (b)(1).
       (e) Definitions.--In this section:
       (1) The term ``cruel, inhuman, or degrading treatment or 
     punishment'' means the cruel, unusual, and inhumane treatment 
     or punishment prohibited by the 5th amendment, 8th amendment, 
     or 14th amendment to the Constitution.
       (2) The term ``Geneva Conventions'' means--
       (A) the Convention for the Amelioration of the Condition of 
     the Wounded and Sick in Armed Forces in the Field, done at 
     Geneva August 12, 1949 (6 UST 3114);
       (B) the Convention for the Amelioration of the Condition of 
     the Wounded, Sick, and Shipwrecked Members of Armed Forces at 
     Sea, done at Geneva August 12, 1949 (6 UST 3217);
       (C) the Convention Relative to the Treatment of Prisoners 
     of War, done at Geneva August 12, 1949 (6 UST 3316); and
       (D) the Convention Relative to the Protection of Civilian 
     Persons in Time of War, done at Geneva August 12, 1949 (6 UST 
     3516).
       (3) The term ``Secretary'' means the Secretary of Defense.
       (4) The term ``torture'' has the meaning given that term in 
     section 2340 of title 18, United States Code.
                                 ______
                                 
  SA 3387. Mr. LEAHY 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:

                     treatment of foreign prisoners

       Sec.   . Policy.--(a)(1) It is the policy of the United 
     States to treat all foreign persons captured, detained, 
     interned or otherwise held in custody of the United States 
     (hereinafter ``prisoners'') humanely and in accordance with 
     standards that the United States would consider legal if 
     perpetrated by the enemy against an American prisoner.
       (2) It is the policy of the United States that all 
     officials of the United States are bound both in wartime and 
     in peacetime by the legal prohibition against torture, cruel, 
     inhuman or degrading treatment.
       (3) If there is any doubt as to whether prisoners are 
     entitled to the protections afforded by the Geneva 
     Conventions, such prisoners shall enjoy the protections of 
     the Geneva Conventions until such time as their status can be 
     determined pursuant to the procedures authorized by Army 
     Regulation 190-8, Section 1-6.
       (4) It is the policy of the United States to expeditiously 
     prosecute cases of terrorism or other criminal acts alleged 
     to have been committed by prisoners in the custody of the 
     United States Armed Forces at Guantanamo Bay, Cuba, in order 
     to avoid the indefinite detention of prisoners, which is 
     contrary to the legal principles and security interests of 
     the United States.
       (b) Reporting.--The Department of Defense shall submit to 
     the appropriate congressional committees:
       (1) A quarterly report providing the number of prisoners 
     who were denied Prisoner of War (POW) status under the Geneva 
     Conventions and the basis for denying POW status to each such 
     prisoner.
       (2) A report setting forth: (A) the proposed schedule for 
     military commissions to be held at Guantanamo Bay, Cuba; and 
     (B) the number of individuals currently held at Guantanamo 
     Bay, Cuba, the number of such individuals who are unlikely to 
     face a military commission in the next six months, and the 
     reason(s) for not bringing such individuals before a military 
     commission.
       (3) All International Committee of the Red Cross reports, 
     completed prior to the enactment of this Act, concerning the 
     treatment of prisoners in United States custody at Guantanamo 
     Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be 
     provided, in classified form, not later than 15 days after 
     enactment of this Act.
       (4) A report setting forth all prisoner interrogation 
     techniques approved by officials of the United States.
       (c) Annual Training Requirement.--The Department of Defense 
     shall certify that all federal employees and civilian 
     contractors engaged in the handling and/or interrogating of 
     prisoners have fulfilled an annual training requirement on 
     the laws of war, the Geneva Conventions and the obligations 
     of the United States under international humanitarian law.
                                 ______
                                 
  SA 3388. Mr. LEAHY 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:

       (a) Inspector General Reports.--The Inspector General of 
     the Department of Defense, in consultation with the Inspector 
     General of the Department of State and the Inspector General 
     of the Central Intelligence

[[Page 11654]]

     Agency, shall conduct an inquiry into the programs and 
     activities of the Iraqi National Congress (INC) and submit a 
     report, which may include a classified annex, to the 
     appropriate Congressional Committees no later than 60 days 
     after enactment of this Act and every 180 days thereafter 
     until September 30, 2005.
       (b) Contents of Reports.-- The reports shall include the 
     following information:
       (1) The total amount of funding the INC received from the 
     Department of State and the Department of Defense;
       (2) A description of the uses of these funds, including an 
     assessment of whether they were used for purposes 
     inconsistent with Section 540 of Division D of Public Law 
     108-199 and similar provisions of law;
       (3) The total amount of funds the Department of State 
     Inspector General or any other appropriate entity of the 
     United States Government has determined the INC owes the 
     United States and a description of the measures the United 
     States Government has taken to collect these funds;
       (4) A description of the activities and responsibilities 
     pertaining to each INC office that was or currently is 
     supported by United States Government funds;
       (5) A description of INC activities concerning broadcasting 
     and an assessment of the efficacy of these activities in 
     building support for the efforts of the United States inside 
     Iraq;
       (6) A description of the INC's Information Collection 
     Program (ICP) and an assessment of the value of the 
     information collected by the ICP prior to May 1, 2003, 
     including any efforts to pass along intelligence to the 
     United States Government that has subsequently been 
     determined to be inaccurate or deceptive;
       (7) A comprehensive list of senior United States Government 
     officials in the Department of State, Department of Defense, 
     National Security Council, Office of the Vice President, and 
     White House who met with representatives of the INC or were 
     recipients of information derived from the ICP;
       (8) A comprehensive list of senior United States Government 
     officials in the Department of State Department of Defense, 
     National Security Council, Office of the Vice President, and 
     White House who were involved with policy decisions 
     concerning the INC;
       (9) A description of efforts the United States Government 
     is taking to bring to justice any individuals associated with 
     the INC who violated United States laws concerning the use of 
     intelligence information or the use of United States 
     Government funds;
       (10) An assessment concerning whether the efforts mentioned 
     in subsection (b)(9) are adequate; and
       (11) Any other issues the Inspector General of the 
     Department of Defense, the Inspector General of the 
     Department of State, or the Inspector General of the Central 
     Intelligence Agency believes are relevant to a comprehensive 
     inquiry of the activities of the INC.
       (c) Definition.--For purposes of this section, the term 
     ``appropriate congressional committees'' means the Committee 
     on Armed Services of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Armed Services of 
     the House of Representatives, and the Committee on 
     International Relations of the House of Representatives.
                                 ______
                                 
  SA 3389. Mr. HARKIN (for himself and Mr. Bond) 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 D of title XXXI, insert the 
     following:

     SEC. 3146. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS 
                   PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT 
                   UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Energy workers at the former Mallinkrodt facilities 
     (including the St. Louis downtown facility and the Weldon 
     Springs facility) were exposed to levels of radionuclides and 
     radioactive materials that were much greater than the current 
     maximum allowable Federal standards.
       (2) The Mallinkrodt workers at the St. Louis site were 
     exposed to excessive levels of airborne uranium dust relative 
     to the standards in effect during the time, and many workers 
     were exposed to 200 times the preferred levels of exposure.
       (3)(A) The chief safety officer for the Atomic Energy 
     Commission during the Mallinkrodt-St. Louis operations 
     described the facility as 1 of the 2 worst plants with 
     respect to worker exposures.
       (B) Workers were excreting in excess of a milligram of 
     uranium per day causing kidney damage.
       (C) A recent epidemiological study found excess levels of 
     nephritis and kidney cancer from inhalation of uranium dusts.
       (4) The Department of Energy has admitted that those 
     Mallinkrodt workers were subjected to risks and had their 
     health endangered as a result of working with these highly 
     radioactive materials.
       (5) The Department of Energy reported that workers at the 
     Weldon Springs feed materials plant handled plutonium and 
     recycled uranium, which are highly radioactive.
       (6) The National Institute of Occupational Safety and 
     Health admits that--
       (A) the operations at the St. Louis downtown site consisted 
     of intense periods of processing extremely high levels of 
     radionuclides; and
       (B) the Institute has virtually no personal monitoring data 
     for Mallinkrodt workers prior to 1948.
       (7) The National Institute of Occupational Safety and 
     Health has informed claimants and their survivors at those 3 
     Mallinkrodt sites that if they are not interviewed as a part 
     of the dose reconstruction process, it--
       (A) would hinder the ability of the Institute to conduct 
     dose reconstruction for the claimant; and
       (B) may result in a dose reconstruction that incompletely 
     or inaccurately estimates the radiation dose to which the 
     energy employee named in the claim had been exposed.
       (8) Energy workers at the Iowa Army Ammunition Plant (also 
     known as the Burlington Atomic Energy Commission Plant and 
     the Iowa Ordnance Plant) between 1947 and 1975 were exposed 
     to levels of radionuclides and radioactive material, 
     including enriched uranium, plutonium, tritium, and depleted 
     uranium, in addition to beryllium and photon radiation, that 
     are greater than the current maximum Federal standards for 
     exposure.
       (9) According to the National Institute of Occupational 
     Safety and Health--
       (A) between 1947 and 1975, no records, including bioassays 
     or air samples, have been located that indicate any 
     monitoring occurred of internal doses of radiation to which 
     workers described in paragraph (8) were exposed;
       (B) between 1947 and 1955, no records, including dosimetry 
     badges, have been located to indicate that any monitoring 
     occurred of the external doses of radiation to which such 
     workers were exposed;
       (C) between 1955 and 1962, records indicate that only 8 to 
     23 workers in a workforce of over 1,000 were monitored for 
     external radiation doses; and
       (D) between 1970 and 1975, the high point of screening at 
     the Iowa Army Ammunition Plant, only 25 percent of the 
     workforce was screened for exposure to external radiation.
       (10) The Department of Health and Human Services published 
     the first notice of proposed rulemaking concerning the 
     Special Exposure Cohort on June 25, 2002, and as of May 13, 
     2004, the rule has yet to be finalized.
       (11) Many of those former workers have died while waiting 
     for the proposed rule to be finalized, including some 
     claimants who were waiting for dose reconstruction to be 
     completed.
       (12) Because of the aforementioned reasons, including the 
     serious lack of records and the death of many potential 
     claimants, it is not feasible to conduct valid dose 
     reconstructions for the Iowa Army Ammunition Plant facility 
     or the Mallinkrodt facilities.
       (b) Inclusion of Certain Former Workers in Cohort.--Section 
     3621(14) of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (title XXXVI of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 
     7384l(14)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) The employee was so employed for a number of work 
     days aggregating at least 45 workdays at a facility operated 
     under contract to the Department of Energy by Mallinkrodt 
     Incorporated or its successors (including the St. Louis 
     downtown or `Destrahan' facility during any of calendar years 
     1942 through 1958 and the Weldon Springs feed materials plant 
     facility during any of calendar years 1958 through 1966), or 
     at a facility operated by the Department of Energy or under 
     contract by Mason & Hangar-Silas Mason Company at the Iowa 
     Army Ammunition Plant (also known as the Burlington Atomic 
     Energy Commission Plant and the Iowa Ordnance Plant) during 
     any of the calendar years 1947 through 1975, and during the 
     employment--
       ``(i)(I) was monitored through the use of dosimetry badges 
     for exposure at the plant of the external parts of an 
     employee's body to radiation; or
       ``(II) was monitored through the use of bioassays, in vivo 
     monitoring, or breath samples for exposure at the plant to 
     internal radiation; or
       ``(ii) worked in a job that had exposures comparable to a 
     job that is monitored, or should have been monitored, under 
     standards of the Department of Energy in effect on the date 
     of enactment of this subparagraph through the use of 
     dosimetry badges for

[[Page 11655]]

     monitoring external radiation exposures, or bioassays, in 
     vivo monitoring, or breath samples for internal radiation 
     exposures, at a facility.''.
                                 ______
                                 
  SA 3390. Mr. BINGAMAN 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 F of title X, add the following:

     SEC. 1055. SENSE OF CONGRESS ON ACTIVITIES AT GROUP OF 8 
                   SUMMIT REGARDING GLOBAL PARTNERSHIP AGAINST THE 
                   SPREAD OF WEAPONS OF MASS DESTRUCTION.

       It is the sense of Congress that, at the June 2004 Group of 
     8 summit, the President should, with respect to the Global 
     Partnership Against the Spread of Weapons of Mass 
     Destruction--
       (1) affirm the commitment of $10,000,000,000 by the United 
     States and $10,000,000,000 by the other original members of 
     the Group of 7 to the Partnership as a matter of high 
     national security;
       (2) expand the membership of donor nations to the 
     Partnership;
       (3) insure that Russia remains the primary partner of the 
     Partnership while also seeking to fund through the 
     Partnership efforts in other countries with potentially 
     vulnerable weapons or materials;
       (4) develop for the Partnership clear program goals;
       (5) develop for the Partnership transparent project 
     prioritization and planning;
       (6) develop for the Partnership project implementation 
     milestones under periodic review; and
       (7) develop under the Partnership agreements between 
     partners for project implementation; and
       (8) give high priority and senior-level attention to 
     resolving disagreements on site access and worker liability 
     under the Partnership.
                                 ______
                                 
  SA 3391. Mr. BINGAMAN 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 C of title X, add the following:

     SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF 
                   PRISONERS BY THE DEPARTMENT OF DEFENSE.

       (a) Reports Required.--Not later than 90 days after the 
     date of the enactment of this Act, and every six months 
     thereafter, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report on the population 
     of detainees held by the Department of Defense and on the 
     facilities in which such detainees are held.
       (b) Report Elements.--Each report under subsection (a) 
     shall include the following:
       (1) General information on the foreign national detainees 
     in the custody of the Department during the six-month period 
     ending on the date of such report, including the following:
       (A) The total number of detainees in the custody of the 
     Department at any time during such period.
       (B) The countries in which such detainees were detained, 
     and the number of detainees detained in each such country.
       (C) The total number of detainees in the custody of the 
     Department as of the date of such report.
       (D) The total number of detainees released from the custody 
     of the Department during such period.
       (E) The nationalities of the detainees covered by 
     subparagraph (A), including the number of detainees of each 
     such nationality.
       (F) The number of detainees covered by subparagraph (A) 
     that were transferred to the jurisdiction of another country 
     during such period.
       (G) For each country to which detainees were transferred as 
     described in subparagraph (F)--
       (i) the policies and practices of such country on the 
     torture and treatment of prisoners; and
       (ii) the status of such transferred detainees.
       (2) For each foreign national detained by the Department of 
     Defense during the six-month period ending on the date of 
     such report the following:
       (A) The name.
       (B) The nationality.
       (C) The place at which taken into custody.
       (D) The circumstances of being taken into custody.
       (E) The place of detention.
       (F) The current length of detention or, if released, the 
     duration of detention at the time of release.
       (G) A categorization as a military detainee or civilian 
     detainee.
       (H) The intentions of the United States Government on such 
     detainee, including whether or not the United States will--
       (i) continue to hold such detainee with justification;
       (ii) repatriate such detainee; or
       (iii) charge such detainee with a crime.
       (I) The history, if any, of transfers of such detainee 
     among detention facilities, including whether or not such 
     detainee been detained at other facilities and, if so, at 
     which facilities and in what locations.
       (3) Information on the detention facilities and practices 
     of the Department for the six-month period ending on the date 
     of such report, including for each facility of the Department 
     at which detainees were detained by the Department during 
     such period the following:
       (A) The name of such facility.
       (B) The location of such facility.
       (C) The number of detainees detained at such facility over 
     the course of such period and as of the end of such period.
       (D) The capacity of such facility.
       (E) The number of military personnel assigned to such 
     facility over the course of such period and as of the end of 
     such period.
       (F) The number of other employees of the United States 
     Government assigned to such facility over the course of such 
     period and as of the end of such period.
       (G) The number of contractor personnel assigned to such 
     facility over the course of such period and as of the end of 
     such period.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 3392. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. __. VACCINE HEALTHCARE CENTERS NETWORK.

       Section 1110 of title 10, United States Code, is amended by 
     adding at the end the following:
       ``(c) Vaccine Healthcare Centers Network.--(1) The 
     Secretary shall carry out this section through the Vaccine 
     Healthcare Centers Network as established by the Secretary in 
     collaboration with the Director of the Centers for Disease 
     Control and Prevention.
       ``(2) In addition to conducting the activities described in 
     subsection (b), it shall be the purpose of the Vaccine 
     Healthcare Centers Network to improve--
       ``(A) the safety and quality of vaccine delivery and 
     protection of members of the armed forces;
       ``(B) the submission of data to the Vaccine-related Adverse 
     Events Reporting System to include comprehensive content and 
     follow-up data;
       ``(C) the quality, access, and delivery of clinical 
     management services to members of the armed services who 
     experience vaccine adverse events;
       ``(D) the satisfaction of members of the armed services 
     with vaccine-related health-care services;
       ``(E) the knowledge and understanding by members of the 
     armed services and vaccine-providers of immunization benefits 
     and risks;
       ``(F) networking between the Department of Defense, the 
     Department of Health and Human Services, the Department of 
     Veterans Affairs, and private advocacy and coalition groups 
     with regard to immunization benefits and risks; and
       ``(G) clinical research on the safety and efficacy of 
     vaccines.
       ``(3) To achieve the purposes described in paragraph (2), 
     the Vaccine Healthcare Centers Network shall carry out the 
     following:
       ``(A)(i) Establish a network of centers of excellence in 
     clinical immunization safety assessment that provides for 
     outreach, education, and confidential consultative and direct 
     patient care services for vaccine related adverse events 
     prevention, diagnosis, treatment and follow-up with respect 
     to members of the armed services.
       ``(ii) Such centers shall provide expert second opinions 
     for such members regarding medical exemptions under this 
     section and for additional care that is not available at the 
     local medical facilities of such members.
       ``(B) Develop standardized educational outreach activities 
     to support the initial and

[[Page 11656]]

     ongoing (on at least an annual basis) provision of training 
     and education for providers and nursing personnel who are 
     engaged in providing immunization services to the members of 
     the armed services.
       ``(C) Develop a program for quality improvement in the 
     submission and understanding of data that is provided to the 
     Vaccine-related Adverse Events Reporting System, particularly 
     among providers and members of the armed services. Such 
     program shall ensure that data is collected concerning 
     adverse events associated with vaccines, including smallpox, 
     anthrax, and multiple vaccine exposures.
       ``(D) Develop and standardize, in collaboration with the 
     medical departments of the military services, a quality 
     improvement program for the Department of Defense relating to 
     immunization services. Such program shall include the design 
     and implementation of data collection tools and processes 
     that validate and enhance the program.
       ``(E) Develop and support, in collaboration with the 
     Centers for Disease Control and Prevention and the Clinical 
     Immunization Safety Assessment network, a multi-center 
     platform for clinical research on rare but serious vaccine 
     adverse events, both in relation to establishing new case 
     definitions as needed, and in relation to the diagnosis, 
     treatment, prevention, and quality-of-life impact of 
     temporally associated adverse events.
       ``(F) Develop an effective network system, with appropriate 
     internal and external collaborative efforts, to facilitate 
     integration, educational outreach, research, and clinical 
     management of adverse vaccine events.
       ``(G) Provide education and advocacy for the fair treatment 
     of vaccine recipients to include fair access to vaccine 
     safety programs, medical exemptions, and quality treatment.
       ``(H) Develop and conduct, in collaboration with the 
     Centers for Disease Control and Prevention and the National 
     Institute for Allergy and Infectious Diseases, clinical 
     studies with respect to the safety and efficacy of vaccines, 
     including outcomes studies on the implementation of 
     recommendations contained in the clinical guidelines for 
     vaccine-related adverse events existing on the date of 
     enactment of this subsection.
       ``(I) Develop, in collaboration with the Centers for 
     Disease Control and Prevention and the National Institute for 
     Allergy and Infectious Diseases, implementation 
     recommendations for vaccine exemptions under this section or 
     alternative vaccine strategies for members of the armed 
     services who have had prior, or who are susceptible to, 
     adverse events, including those with genetic risk factors, 
     and the discovery of treatments for adverse events that are 
     most effective.
       ``(4) There is authorized to be appropriate to carry out 
     this subsection, $10,000,000 for fiscal year 2005, and such 
     sums as may be necessary for each fiscal year thereafter.''.
                                 ______
                                 
  SA 3393. Mr. REID (for himself and Mr. Lieberman) 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 2826 and insert the following:

     SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL 
                   COMPLEX, DISTRICT OF COLUMBIA.

       (a) Transfer Required.--The Secretary of the Navy shall 
     transfer to the jurisdiction, custody, and control of the 
     Administrator of General Services the parcel of Department of 
     the Navy real property in the District of Columbia known as 
     the Nebraska Avenue Complex for the purpose of permitting the 
     Administrator to use the Complex to accommodate the 
     Department of Homeland Security. The Complex shall be 
     transferred in its existing condition.
       (b) Authority To Retain Military Family Housing.--The 
     Secretary of the Navy may retain jurisdiction, custody, and 
     control over the portion of the Complex that the Secretary 
     considers to be necessary for continued use as Navy family 
     housing.
       (c) Time for Transfer.--The transfer of jurisdiction, 
     custody, and control over the Complex to the Administrator 
     under subsection (a) shall be completed not later than 
     January 1, 2005.
       (d) Relocation of Navy Activities.--As part of the transfer 
     of the Complex under this section, the Secretary of the Navy 
     shall relocate Department of the Navy activities at the 
     Complex to other locations.
       (e) Payment of Relocation Costs.--Subject to the 
     availability of appropriations for this purpose--
       (1) the Secretary of Homeland Security shall be responsible 
     for the payment of all reasonable costs related to the 
     initial relocation of Department of the Navy activities from 
     the Complex, including costs to move furnishings and 
     equipment, and all reasonable costs incidental to initial 
     occupancy of interim leased space (including rent for the 
     first year); and
       (2) the Administrator of General Services shall pay any 
     reasonable costs for interim leasing of space beyond the 
     first year until Department of the Navy activities have 
     occupied new permanent Department of Defense-controlled 
     space, and any additional reasonable costs not paid under 
     subsection (e)(1) that are incurred, or will be incurred, by 
     the Secretary of the Navy to permanently relocate Department 
     of the Navy activities from the Complex under subsection (d).
       (f) Submission of Cost Estimates.--As soon as practicable 
     after the date of the enactment of this Act, but not later 
     than January 1, 2005, the Secretary of the Navy shall submit 
     to the congressional defense committees an initial estimate 
     of the amounts that will be necessary to cover the costs to 
     permanently relocate Department of the Navy activities from 
     the Complex. The Secretary shall include in the estimate 
     anticipated land acquisition and facility construction costs. 
     The Secretary shall revise the estimate as necessary whenever 
     information regarding the actual costs for the relocation is 
     obtained.
       (g) Certification of Relocation Costs.--At the end of the 
     five-year period beginning on the date of the transfer of the 
     Complex under subsection (a), the Secretary of the Navy shall 
     submit to Congress written notice--
       (1) specifying the total amount expended under subsection 
     (e) to cover the costs of relocating Department of the Navy 
     activities from the Complex;
       (2) specifying the total amount expended to acquire 
     permanent facilities for Department of the Navy activities 
     relocated from the Complex; and
       (3) certifying whether the amounts paid are sufficient to 
     complete all relocation actions.
       (h) Participation of Office of Management and Budget.--The 
     Secretary of the Navy shall obtain the assistance and 
     concurrence of the Director of the Office of Management and 
     Budget in determining the total amount required to cover both 
     the initial and the permanent costs of relocating Department 
     of the Navy activities from the Complex under this section.
                                 ______
                                 
  SA 3394. Mr. DORGAN 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 F of title X, add the following:

     SEC. 1055. PROHIBITION ON USE OF EC-130 SPECIAL OPERATIONS 
                   AIRCRAFT AND OTHER AIRCRAFT FOR TRANSMISSION OF 
                   RADIO MARTI OR TV MARTI BROADCASTS TO CUBA.

       (a) Prohibition.--No EC-130 special operations aircraft or 
     other military aircraft under the control of the Department 
     of Defense may be utilized for purposes of transmitting Radio 
     Marti or TV Marti broadcasts to Cuba.
       (b) Prohibition on Use of Funds.--No funds authorized to be 
     appropriated for the Department of Defense by this Act or any 
     other Act may be obligated or expended for purposes of 
     utilizing EC-130 special operations aircraft or other 
     military aircraft under the control of the Department to 
     transmit Radio Marti or TV Marti broadcasts to Cuba.
                                 ______
                                 
  SA 3395. Ms. COLLINS (for herself, Mr. Bayh, Mr. Roberts, Mr. Reed, 
Mr. Dorgan, and Mr. Biden) submitted an amendment intended to be 
proposed by her to the bill S. 2400, to authorize appropriations for 
fiscal year 2005 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Services, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 868. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       The Secretary of Defense shall, to the extent practicable, 
     exercise existing statutory authority, including the 
     authority provided by section 2865 of title 10, United States 
     Code, and section 8256 of title 42, United States Code, to 
     introduce life-cycle cost-effective upgrades to Federal 
     assets through shared energy savings contracting, demand 
     management programs, and utility incentive programs.
                                 ______
                                 
  SA 3296. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for

[[Page 11657]]

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, add the following:

                        DIVISION D--IMMIGRATION

     SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Agricultural Job Opportunity, Benefits, and Security Act of 
     2004''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 4001. Short title; table of contents.
Sec. 4002. Definitions.

                 TITLE XLI--ADJUSTMENT TO LAWFUL STATUS

Sec. 4101. Agricultural workers.
Sec. 4102. Correction of Social Security records.

               TITLE XLII--REFORM OF H-2A WORKER PROGRAM

Sec. 4201. Amendment to the Immigration and Nationality Act.

                 TITLE XLIII--MISCELLANEOUS PROVISIONS

Sec. 4301. Determination and use of user fees.
Sec. 4302. Regulations.
Sec. 4303. Effective date.

     SEC. 4002. DEFINITIONS.

       In this division:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (3) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.
       (6) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 1 or more hours in agriculture 
     consistent with the definition of ``man-day'' under section 
     3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203(u)).

                 TITLE XLI--ADJUSTMENT TO LAWFUL STATUS

     SEC. 4101. AGRICULTURAL WORKERS.

       (a) Temporary Resident Status.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer upon an alien who qualifies 
     under this subsection the status of an alien lawfully 
     admitted for temporary residence if the Secretary determines 
     that the following requirements are satisfied with respect to 
     the alien:
       (A) Performance of agricultural employment in the united 
     states.--The alien must establish that the alien has 
     performed agricultural employment in the United States for at 
     least 575 hours or 100 work days, whichever is less, during 
     any 12 consecutive months during the 18-month period ending 
     on August 31, 2003.
       (B) Application period.--The alien must apply for such 
     status during the 18-month application period beginning on 
     the 1st day of the 7th month that begins after the date of 
     enactment of this division.
       (C) Admissible as immigrant.--The alien must establish that 
     the alien is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2).
       (2) Authorized travel.--During the period an alien is in 
     lawful temporary resident status granted under this 
     subsection, the alien has the right to travel abroad 
     (including commutation from a residence abroad) in the same 
     manner as an alien lawfully admitted for permanent residence.
       (3) Authorized employment.--During the period an alien is 
     in lawful temporary resident status granted under this 
     subsection, the alien shall be provided an ``employment 
     authorized'' endorsement or other appropriate work permit, in 
     the same manner as an alien lawfully admitted for permanent 
     residence.
       (4) Termination of temporary resident status.--During the 
     period of temporary resident status granted an alien under 
     this subsection, the Secretary may terminate such status only 
     upon a determination under this division that the alien is 
     deportable.
       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) 
     terminates on August 31, 2009.
       (b) Rights of Aliens Granted Temporary Resident Status.--
       (1) In general.--Except as otherwise provided in this 
     subsection, an alien who acquires the status of an alien 
     lawfully admitted for temporary residence under subsection 
     (a), such status not having changed, shall be considered to 
     be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted status under subsection 
     (a) may be terminated from employment by any employer during 
     the period of temporary resident status except for just 
     cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition in accordance with this subparagraph of 
     complaints by aliens granted temporary resident status under 
     subsection (a) who allege that they have been terminated 
     without just cause. No proceeding shall be conducted under 
     this subparagraph with respect to a termination unless the 
     Secretary determines that the complaint was filed not later 
     than 6 months after the date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including, but 
     not limited to, reinstatement, back pay, or front pay to the 
     affected employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted temporary resident status under 
     subsection (a) without just cause, the Secretary shall credit 
     the alien for the number of days or hours of work lost for 
     purposes of the requirement of subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of

[[Page 11658]]

     days or hours of work lost by the employee as a result of the 
     employment termination may be referred to the Secretary 
     pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted temporary resident status under subsection (a) has 
     failed to provide the record of employment required under 
     subsection (a)(5) or has provided a false statement of 
     material fact in such a record, the employer shall be subject 
     to a civil money penalty in an amount not to exceed $1,000 
     per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     lawful temporary resident status under subsection (a) to that 
     of an alien lawfully admitted for permanent residence if the 
     Secretary determines that the following requirements are 
     satisfied:
       (i) Qualifying employment.--The alien has performed at 
     least 360 work days or 2,060 hours, but in no case less than 
     2,060 hours, of agricultural employment in the United States, 
     during the period beginning on September 1, 2003, and ending 
     on August 31, 2009.
       (ii) Qualifying years.--The alien has performed at least 75 
     work days or 430 hours, but in no case less than 430 hours, 
     of agricultural employment in the United States in at least 3 
     nonoverlapping periods of 12 consecutive months during the 
     period beginning on September 1, 2003, and ending on August 
     31, 2009. Qualifying periods under this clause may include 
     nonconsecutive 12-month periods.
       (iii) Qualifying work in first 3 years.--The alien has 
     performed at least 240 work days or 1,380 hours, but in no 
     case less than 1,380 hours, of agricultural employment during 
     the period beginning on September 1, 2003, and ending on 
     August 31, 2006.
       (iv) Application period.--The alien applies for adjustment 
     of status not later than August 31, 2010.
       (v) Proof.--In meeting the requirements of clauses (i), 
     (ii), and (iii), an alien may submit the record of employment 
     described in subsection (a)(5) or such documentation as may 
     be submitted under subsection (d)(3).
       (vi) Disability.--In determining whether an alien has met 
     the requirements of clauses (i), (ii), and (iii), the 
     Secretary shall credit the alien with any work days lost 
     because the alien was unable to work in agricultural 
     employment due to injury or disease arising out of and in the 
     course of the alien's agricultural employment, if the alien 
     can establish such disabling injury or disease through 
     medical records.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the temporary resident 
     status granted such alien under subsection (a), if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to temporary resident status was the 
     result of fraud or willful misrepresentation, as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     subsection (e)(2); or
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States.

       (C) Grounds for removal.--Any alien granted temporary 
     resident status under subsection (a) who does not apply for 
     adjustment of status under this subsection before the 
     expiration of the application period described in 
     subparagraph (A)(iv), or who fails to meet the other 
     requirements of subparagraph (A) by the end of the applicable 
     period, is deportable and may be removed under section 240 of 
     the Immigration and Nationality Act (8 U.S.C. 1229a). The 
     Secretary shall issue regulations establishing grounds to 
     waive subparagraph (A)(iii) with respect to an alien who has 
     completed at least 200 days of the work requirement specified 
     in such subparagraph in the event of a natural disaster which 
     substantially limits the availability of agricultural 
     employment or a personal emergency that prevents compliance 
     with such subparagraph.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted 
     temporary resident status, if the spouse or minor child 
     applies for such status, or if the principal alien includes 
     the spouse or minor child in an application for adjustment of 
     status to that of a lawful permanent resident.
       (B) Treatment of spouses and minor children prior to 
     adjustment of status.--A spouse and minor child of an alien 
     granted temporary resident status under subsection (a) may 
     not be--
       (i) removed while such alien maintains such status; and
       (ii) granted authorization to engage in employment in the 
     United States or be provided an ``employment authorized'' 
     endorsement or other work permit, unless such employment 
     authorization is granted under another provision of law.
       (d) Applications.--
       (1) To whom may be made.--
       (A) Within the united states.--The Secretary shall provide 
     that--
       (i) applications for temporary resident status under 
     subsection (a) may be filed--

       (I) with the Secretary, but only if the applicant is 
     represented by an attorney; or
       (II) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Secretary; and

       (ii) applications for adjustment of status under subsection 
     (c) shall be filed directly with the Secretary.
       (B) Outside the united states.--The Secretary, in 
     cooperation with the Secretary of State, shall establish a 
     procedure whereby an alien may apply for temporary resident 
     status under subsection (a) at an appropriate consular office 
     outside the United States.
       (C) Preliminary applications.--
       (i) In general.--During the application period described in 
     subsection (a)(1)(B), the Secretary may grant admission to 
     the United States as a temporary resident and provide an 
     ``employment authorized'' endorsement or other appropriate 
     work permit to any alien who presents a preliminary 
     application for such status under subsection (a) at a 
     designated port of entry on the southern land border of the 
     United States. An alien who does not enter through a port of 
     entry is subject to deportation and removal as otherwise 
     provided in this division.
       (ii) Definition.--For purposes of clause (i), the term 
     ``preliminary application'' means a fully completed and 
     signed application which contains specific information 
     concerning the performance of qualifying employment in the 
     United States, together with the payment of the appropriate 
     fee and the submission of photographs and the documentary 
     evidence which the applicant intends to submit as proof of 
     such employment.
       (iii) Eligibility.--An applicant under clause (i) must be 
     otherwise admissible to the United States under subsection 
     (e)(2) and must establish to the satisfaction of the 
     examining officer during an interview that the applicant's 
     claim to eligibility for temporary resident status is 
     credible.
       (D) Travel documentation.--The Secretary shall provide each 
     alien granted status under this section with a counterfeit-
     resistant document of authorization to enter or reenter the 
     United States that meets the requirements established by the 
     Secretary.
       (2) Designation of entities to receive applications.--
       (A) In general.--For purposes of receiving applications 
     under subsection (a), the Secretary--
       (i) shall designate qualified farm labor organizations and 
     associations of employers; and
       (ii) may designate such other persons as the Secretary 
     determines are qualified and have substantial experience, 
     demonstrate competence, and have traditional long-term 
     involvement in the preparation and submittal of applications 
     for adjustment of status under section 209, 210, or 245 of 
     the Immigration and Nationality Act, Public Law 89-732, 
     Public Law 95-145, or the Immigration Reform and Control Act 
     of 1986.
       (B) References.--Organizations, associations, and persons 
     designated under subparagraph (A) are referred to in this 
     division as ``qualified designated entities''.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (a)(1)(A) or subsection 
     (c)(1)(A) through government employment records or records 
     supplied by employers or collective bargaining organizations, 
     and other reliable documentation as the alien may provide. 
     The Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (B) Documentation of work history.--(i) An alien applying 
     for status under subsection (a)(1) or subsection (c)(1) has 
     the burden of proving by a preponderance of the evidence that 
     the alien has worked the requisite number of hours or days 
     (as required under subsection (a)(1)(A) or subsection 
     (c)(1)(A)).
       (ii) If an employer or farm labor contractor employing such 
     an alien has kept proper and adequate records respecting such 
     employment, the alien's burden of proof under clause (i) may 
     be met by securing timely production of those records under 
     regulations to be promulgated by the Secretary.
       (iii) An alien can meet such burden of proof if the alien 
     establishes that the alien has in fact performed the work 
     described in subsection (a)(1)(A) or subsection (c)(1)(A) by 
     producing sufficient evidence to show the extent of that 
     employment as a matter of just and reasonable inference.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified

[[Page 11659]]

     designated entity must agree to forward to the Secretary 
     applications filed with it in accordance with paragraph 
     (1)(A)(i)(II) but not to forward to the Secretary 
     applications filed with it unless the applicant has consented 
     to such forwarding. No such entity may make a determination 
     required by this section to be made by the Secretary. Upon 
     the request of the alien, a qualified designated entity shall 
     assist the alien in obtaining documentation of the work 
     history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this subsection by qualified 
     designated entities operating under this subsection are 
     confidential and the Secretary shall not have access to such 
     files or records relating to an alien without the consent of 
     the alien, except as allowed by a court order issued pursuant 
     to paragraph (6).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department of Homeland Security, or bureau or 
     agency thereof, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department of Homeland Security, or bureau 
     or agency thereof, or, with respect to applications filed 
     with a qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (B) Crime.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this paragraph 
     shall be fined not more than $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Whoever--
       (i) files an application for status under subsection (a) or 
     (c) and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry; or
       (ii) creates or supplies a false writing or document for 
     use in making such an application;

     shall be fined in accordance with title 18, United States 
     Code, or imprisoned not more than 5 years, or both.
       (B) Inadmissibility.--An alien who is convicted of a crime 
     under subparagraph (A) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (8) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for adjustment of status under this section.
       (9) Application fees.--
       (A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (i) shall be charged for the filing of applications for 
     status under subsections (a) and (c); and
       (ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such 
     applicants.
       (B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       (C) Disposition of fees.--
       (i) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under subparagraph (A)(i).
       (ii) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for status under 
     subsections (a) and (c).
       (e) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     subsection (a)(1)(C) or an alien's eligibility for adjustment 
     of status under subsection (c)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7)(A), and (9)(B) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)) 
     shall not apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or when it is otherwise in 
     the public interest.
       (ii) Grounds that may not be waived.--The following 
     provisions of such section 212(a) may not be waived by the 
     Secretary under clause (i):

       (I) Subparagraphs (A) and (B) of paragraph (2) (relating to 
     criminals).
       (II) Paragraph (4) (relating to aliens likely to become 
     public charges).
       (III) Paragraph (2)(C) (relating to drug offenses).
       (IV) Paragraph (3) (relating to security and related 
     grounds).

       (iii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for status under this section by 
     reason of a ground of inadmissibility under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     if the alien demonstrates a history of employment in the 
     United States evidencing self-support without reliance on 
     public cash assistance.
       (f) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this division, the Secretary shall provide that, 
     in the case of an alien who is apprehended before the 
     beginning of the application period described in subsection 
     (a)(1)(B) and who can establish a nonfrivolous case of 
     eligibility for temporary resident status under subsection 
     (a) (but for the fact that the alien may not apply for such 
     status until the beginning of such period), until the alien 
     has had the opportunity during the first 30 days of the 
     application period to complete the filing of an application 
     for temporary resident status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for temporary resident status under subsection 
     (a) during the application period described in subsection 
     (a)(1)(B), including an alien who files such an application 
     within 30 days of the alien's apprehension, and until a final 
     determination on the application has been made in accordance 
     with this section, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (g) Administrative and Judicial Review.--
       (1) In general.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for status under subsection (a) or (c) except in accordance 
     with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.
       (h) Dissemination of Information on Adjustment Program.--
     Beginning not later than the 1st day of the application 
     period described in subsection (a)(1)(B), the Secretary, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits that aliens 
     may receive under this section and the requirements to be 
     satisfied to obtain such benefits.

[[Page 11660]]

       (i) Regulations.--The Secretary shall issue regulations to 
     implement this section not later than the 1st day of the 7th 
     month that begins after the date of enactment of this Act.
       (j) Effective Date.--This section shall take effect on the 
     date that regulations are issued implementing this section on 
     an interim or other basis.
       (k) Funding.--There are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, $40,000,000 
     for each of fiscal years 2004 through 2007 to the Secretary 
     to carry out this section.

     SEC. 4102. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(d)(1) of the Social Security 
     Act (42 U.S.C. 408(d)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted status as a lawful temporary resident 
     under the Agricultural Job Opportunity, Benefits, and 
     Security Act of 2004,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred prior to the date on 
     which the alien was granted lawful temporary resident 
     status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the 1st day of the 7th month that begins 
     after the date of enactment of this Act.

               TITLE XLII--REFORM OF H-2A WORKER PROGRAM

     SEC. 4201. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       (a) In General.--The Immigration and Nationality Act is 
     amended by striking section 218 (8 U.S.C. 1188) and inserting 
     the following:


                      ``H-2A EMPLOYER APPLICATIONS

       ``Sec. 218. (a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     must be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of, and in the course 
     of, the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     under subsection (a) and to all other workers in the same 
     occupation at the place of employment.
       ``(D) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and for a period of 30 days preceding the period 
     of employment in the occupation at the place of employment 
     for which the employer seeks approval to employ H-2A workers.
       ``(E) Requirements for placement of nonimmigrant with other 
     employers.--The employer will not place the nonimmigrant with 
     another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more work sites owned, operated, or controlled by 
     such other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     prior to the date on which the employer desires to employ an 
     H-2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(III) Advertising of job opportunities.--Not later than 
     14 days prior to the date on which the employer desires to 
     employ an H-2A worker in a temporary or seasonal agricultural 
     job opportunity, the employer shall advertise the 
     availability of the job opportunities for which the employer 
     is seeking workers in a publication in the local labor market 
     that is likely to be patronized by potential farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible

[[Page 11661]]

     United States worker who applies and is equally or better 
     qualified for the job for which the nonimmigrant is, or 
     nonimmigrants are, sought and who will be available at the 
     time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the foreign worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the foreign worker who is in 
     the job was hired has elapsed, subject to the following 
     requirements:

       ``(I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers prior to the arrival 
     of H-2A workers in order to force the hiring of United States 
     workers under this clause.
       ``(II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       ``(III) Placement of united states workers.--Prior to 
     referring a United States worker to an employer during the 
     period described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A through 218C.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or work 
     site, a copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this subsection. Such list shall include the wage rate, 
     number of workers sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.


                     ``H-2A EMPLOYMENT REQUIREMENTS

       ``Sec. 218A. (a) Preferential Treatment of Aliens 
     Prohibited.--Employers seeking to hire United States workers 
     shall offer the United States workers no less than the same 
     benefits, wages, and working conditions that the employer is 
     offering, intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which must accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--When it is the prevailing practice 
     in the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. However, an employer may require a 
     worker found to have been responsible for damage to such 
     housing which is not the result of normal wear and tear 
     related to habitation to reimburse the employer for the 
     reasonable cost of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--In lieu of offering housing pursuant to 
     subparagraph (A), the employer may provide a reasonable 
     housing allowance, but only if the requirement of clause (ii) 
     is satisfied. Upon the request of a worker seeking assistance 
     in locating housing, the employer shall make a good faith 
     effort to assist the worker in identifying and locating 
     housing in the area of intended employment. An employer who 
     offers a housing allowance to a worker, or assists a worker 
     in locating housing which the worker occupies, pursuant to 
     this clause shall not be deemed a housing provider under 
     section 203 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1823) solely by virtue of providing 
     such housing allowance. However, no housing allowance may be 
     used for housing which is owned or controlled by the 
     employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who

[[Page 11662]]

     are seeking temporary housing while employed at farm work. 
     Such certification shall expire after 3 years unless renewed 
     by the Governor of the State.
       ``(iii) Amount of allowance.--

       ``(I) Nonmetropolitan counties.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing 
     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(II) Metropolitan counties.--If the place of employment 
     of the workers provided an allowance under this paragraph is 
     in a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

       ``(I) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(II) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and work 
     site.--The employer shall provide transportation between the 
     worker's living quarters (i.e., housing provided by the 
     employer pursuant to paragraph (1), including housing 
     provided through a housing allowance) and the employer's work 
     site without cost to the worker, and such transportation will 
     be in accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of enactment of 
     the Agricultural Job Opportunity, Benefits, and Security Act 
     of 2004 and continuing for 3 years thereafter, no adverse 
     effect wage rate for a State may be more than the adverse 
     effect wage rate for that State in effect on January 1, 2003, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.
       ``(C) Required wages after 3-year freeze.--
       ``(i) First adjustment.--Unless Congress acts to set a new 
     wage standard applicable to this section, effective on 
     December 1, 2006, the adverse effect wage rate then in effect 
     shall be adjusted by the 12 month percentage change in the 
     Consumer Price Index for All Urban Consumers between December 
     of the preceding year and December of the second preceding 
     year, except that such adjustment shall not exceed 4 percent.
       ``(ii) Subsequent annual adjustments.--Effective on March 
     1, 2007, and each March 1 thereafter, the adverse effect wage 
     rate then in effect shall be adjusted in accordance with the 
     requirements of clause (i).
       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in one or 
     more written statements the following information:
       ``(i) The worker's total earnings for the pay period.
       ``(ii) The worker's hourly rate of pay, piece rate of pay, 
     or both.
       ``(iii) The hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the three-quarters guarantee described in 
     paragraph (4)).
       ``(iv) The hours actually worked by the worker.
       ``(v) An itemization of the deductions made from the 
     worker's wages.
       ``(vi) If piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than June 1, 
     2007, the Resources, Community and Economic Development 
     Division, and the Health, Education and Human Services 
     Division, of the General Accounting Office shall jointly 
     prepare and transmit to the Secretary of Labor and to the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate a report which shall address--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural work force has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

       ``(I) 4 representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       ``(II) 4 representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       ``(iii) Functions.--The Commission shall conduct a study 
     that shall address--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(V) recommendations for future wage protection under this 
     section.

       ``(iv) Final report.--Not later than June 1, 2007, the 
     Commission shall submit a report

[[Page 11663]]

     to the Congress setting forth the findings of the study 
     conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least three-fourths of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     paragraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the `three-fourths guarantee' described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including but not limited to a flood, hurricane, 
     freeze, earthquake, fire, drought, plant or animal disease or 
     pest infestation, or regulatory drought, before the guarantee 
     in subparagraph (A) is fulfilled, the employer may terminate 
     the worker's employment. In the event of such termination, 
     the employer shall fulfill the employment guarantee in 
     subparagraph (A) for the work days that have elapsed from the 
     first work day after the arrival of the worker to the 
     termination of employment. In such cases, the employer will 
     make efforts to transfer the United States worker to other 
     comparable employment acceptable to the worker. If such 
     transfer is not effected, the employer shall provide the 
     return transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Uses or causes to be used.--(I) In this subsection, 
     the term `uses or causes to be used' applies only to 
     transportation provided by an H-2A employer to an H-2A 
     worker, or by a farm labor contractor to an H-2A worker at 
     the request or direction of an H-2A employer.
       ``(II) The term `uses or causes to be used' does not apply 
     to--

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker himself or herself, 
     unless the employer specifically requested or arranged such 
     transportation; or
       ``(bb) carpooling arrangements made by H-2A workers 
     themselves, using one of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.

       ``(III) The mere providing of a job offer by an employer to 
     an H-2A worker that causes the worker to travel to or from 
     the place of employment, or the payment or reimbursement of 
     the transportation costs of an H-2A worker by an H-2A 
     employer, shall not constitute an arrangement of, or 
     participation in, such transportation.
       ``(iii) Agricultural machinery and equipment excluded.--
     This subsection does not apply to the transportation of an H-
     2A worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(iv) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(I) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other applicable 
     Federal and State safety standards;
       ``(II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       ``(III) have an insurance policy or a liability bond that 
     is in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(ii) Amount of insurance required.--The level of 
     insurance required shall be determined by the Secretary of 
     Labor pursuant to regulations to be issued under this 
     subsection.
       ``(iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       ``(I) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       ``(c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       ``(e) Range Production of Livestock.--Nothing in this 
     section or sections 218 or 218B shall preclude the Secretary 
     of Labor and the Secretary from continuing to apply special 
     procedures and requirements to the admission and employment 
     of aliens in occupations involving the range production of 
     livestock.


    ``PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS

       ``Sec. 218B. (a) Petitioning for Admission.--An employer, 
     or an association acting as an agent or joint employer for 
     its members, that seeks the admission into the United States 
     of an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section

[[Page 11664]]

     212(a)(9)(B). If an alien described in the preceding sentence 
     is present in the United States, the alien may apply from 
     abroad for H-2A status, but may not be granted that status in 
     the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of up to 1 week 
     before the beginning of the period of employment (to be 
     granted for the purpose of travel to the work site) and a 
     period of 14 days following the period of employment (to be 
     granted for the purpose of departure or extension based on a 
     subsequent offer of employment), except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this division.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer (or association 
     acting as agent for the employer) shall notify the Secretary 
     within 7 days of an H-2A worker's having prematurely 
     abandoned employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this division.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--In the case of an alien who is lawfully 
     present in the United States, the alien is authorized to 
     commence the employment described in a petition under 
     paragraph (1) on the date on which the petition is filed. For 
     purposes of the preceding sentence, the term `file' means 
     sending the petition by certified mail via the United States 
     Postal Service, return receipt requested, or delivered by 
     guaranteed commercial delivery which will provide the 
     employer with a documented acknowledgment of the date of 
     receipt of the petition. The employer shall provide a copy of 
     the employer's petition to the alien, who shall keep the 
     petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States. Upon approval of a petition for an extension of stay 
     or change in the alien's authorized employment, the Secretary 
     shall provide a new or updated employment eligibility 
     document to the alien indicating the new validity date, after 
     which the alien is not required to retain a copy of the 
     petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders.--
     Notwithstanding any other provision of the Agricultural Job 
     Opportunity, Benefits, and Security Act of 2004, aliens 
     admitted under section 101(a)(15)(H)(ii)(a) for employment as 
     sheepherders--
       ``(1) may be admitted for a period of 12 months;
       ``(2) may be extended for a continuous period of up to 3 
     years; and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) relating to periods of absence from the 
     United States.


          ``WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT

       ``Sec. 218C. (a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph

[[Page 11665]]

     (C), (D), (E), or (H). If the Secretary of Labor determines 
     that such a reasonable basis exists, the Secretary of Labor 
     shall provide for notice of such determination to the 
     interested parties and an opportunity for a hearing on the 
     complaint, in accordance with section 556 of title 5, United 
     States Code, within 60 days after the date of the 
     determination. If such a hearing is requested, the Secretary 
     of Labor shall make a finding concerning the matter not later 
     than 60 days after the date of the hearing. In the case of 
     similar complaints respecting the same applicant, the 
     Secretary of Labor may consolidate the hearings under this 
     subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       ``(G) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     section 218A(b), the Secretary of Labor shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question. The back wages or other 
     required benefits under section 218A(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218A.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218A(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218A(b)(2).
       ``(3) The payment of wages required under section 
     218A(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218A(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218A(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218A(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other non-binding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--There is hereby authorized to be 
     appropriated annually not to exceed $500,000 to the Federal 
     Mediation and Conciliation Service to carry out this section, 
     provided that, any contrary provision of law notwithstanding, 
     the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt 
     thereof.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction of the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this division, not later than 3 years after the date the 
     violation occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn prior 
     to the filing of such action, in which case the rights and 
     remedies available under this subsection shall be exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     division shall be construed to diminish the rights and 
     remedies of an H-2A worker under any other Federal or State 
     law or regulation or under any collective bargaining 
     agreement, except that no court or administrative action 
     shall be available under any State contract law to enforce 
     the rights created by this division.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this 
     division shall be void as contrary to public policy, except 
     that a waiver or modification of the rights or obligations in 
     favor of the Secretary of Labor shall be valid for purposes 
     of the enforcement of this division. The preceding sentence 
     may not be construed to prohibit agreements to settle private 
     disputes or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front

[[Page 11666]]

     pay or in any manner, directly or indirectly, expand or 
     otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and H-2A employer reached through the mediation process 
     required under subsection (c)(1) shall preclude any right of 
     action arising out of the same facts between the parties in 
     any Federal or State court or administrative proceeding, 
     unless specifically provided otherwise in the settlement 
     agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218A or any rule or regulation pertaining to section 218 or 
     218A, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218A or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218A, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.


                             ``DEFINITIONS

       ``Sec. 218D. For purposes of sections 218 through 218C:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--In the case of an application with respect 
     to 1 or more H-2A workers by an employer, the employer is 
     considered to `displace' a United States worker from a job if 
     the employer lays off the worker from a job for which the H-
     2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A(h)(3)).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2A employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary layoffs due to weather, 
     markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       (A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       (B) from its nature, it may not be continuous or carried on 
     throughout the year.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A 
              workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.

                 TITLE XLIII--MISCELLANEOUS PROVISIONS

     SEC. 4301. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a

[[Page 11667]]

     schedule of fees for the employment of aliens under this 
     division, and a collection process for such fees from 
     employers participating in the program provided under this 
     division. Such fees shall be the only fees chargeable to 
     employers for services provided under this division.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as added by section 4201 
     of this division, and sufficient to provide for the direct 
     costs of providing services related to an employer's 
     authorization to employ eligible aliens pursuant to this 
     division, to include the certification of eligible employers, 
     the issuance of documentation, and the admission of eligible 
     aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the alien 
     employment user fees shall be available without further 
     appropriation and shall remain available without fiscal year 
     limitation to reimburse the Secretary, the Secretary of 
     State, and the Secretary of Labor for the costs of carrying 
     out sections 218 and 218B of the Immigration and Nationality 
     Act, as added by section 4201 of this division, and the 
     provisions of this division.

     SEC. 4302. REGULATIONS.

       (a) Regulations of the Secretary.--The Secretary shall 
     consult with the Secretary of Labor and the Secretary of 
     Agriculture on all regulations to implement the duties of the 
     Secretary under this division.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Secretary, the Secretary of 
     Labor, and the Secretary of Agriculture on all regulations to 
     implement the duties of the Secretary of State under this 
     division.
       (c) Regulations of the Secretary of Labor.--The Secretary 
     of Labor shall consult with the Secretary of Agriculture and 
     the Secretary on all regulations to implement the duties of 
     the Secretary of Labor under this division.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, and 218C of the Immigration and Nationality Act, 
     as added by section 4201, shall take effect on the effective 
     date of section 4201 and shall be issued not later than 1 
     year after the date of enactment of this Act.

     SEC. 4303. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided, sections 
     4201 and 4301 shall take effect 1 year after the date of 
     enactment of this Act.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the appropriate committees of the Congress a report that 
     describes the measures being taken and the progress made in 
     implementing this division.
                                 ______
                                 
  SA 3397. Mr. HARKIN (for himself and Mr. Inhofe) 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 the measure, add the following new division:

                               DIVISION  

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       1. (a) Short Title.--This Act may be cited as the `Code 
     Talkers Recognition Act'.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expression of recognition.

                      TITLE I--SIOUX CODE TALKERS

Sec. 101. Findings.
Sec. 102. Congressional gold medal.

                    TITLE II--COMANCHE CODE TALKERS

Sec. 201. Findings.
Sec. 202. Congressional gold medal.

                    TITLE III--CHOCTAW CODE TALKERS

Sec. 301. Findings.
Sec. 302. Congressional gold medal.

                   TITLE IV--SAC AND FOX CODE TALKERS

Sec. 401. Findings.
Sec. 402. Congressional gold medal.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Definition of Indian tribe.
Sec. 502. Medals for other Code Talkers.
Sec. 503. Provisions applicable to all medals under this Act.
Sec. 504. Duplicate medals.
Sec. 505. Status as national medals.
Sec. 506. Funding.

     SEC. 2. EXPRESSION OF RECOGNITION.

       The purpose of the medals authorized by this Act is to 
     express recognition by the United States and citizens of the 
     United States of, and to honor, the Native American Code 
     Talkers who distinguished themselves in performing highly 
     successful communications operations of a unique type that 
     greatly assisted in saving countless lives and in hastening 
     the end of World War I and World War II.

                      TITLE I--SIOUX CODE TALKERS

     SEC. 101. FINDINGS.

       Congress finds that--
       (1) Sioux Indians used their native languages, Dakota, 
     Lakota, and Dakota Sioux, as code during World War II;
       (2) those individuals, who manned radio communications 
     networks to advise of enemy actions, became known as the 
     Sioux Code Talkers;
       (3) under some of the heaviest combat action, the Code 
     Talkers worked around the clock to provide information that 
     saved the lives of many Americans in war theaters in the 
     Pacific and Europe, such as the location of enemy troops and 
     the number of enemy guns; and
       (4) the Sioux Code Talkers were so successful that military 
     commanders credit the code with saving the lives of countless 
     American soldiers and being instrumental to the success of 
     the United States in many battles during World War II.

     SEC. 102. CONGRESSIONAL GOLD MEDAL.

       The Speaker of the House of Representatives and the 
     President Pro Tempore of the Senate shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a gold medal of appropriate design, to each Sioux Code 
     Talker, including--
       (1) Eddie Eagle Boy;
       (2) Simon Brokenleg;
       (3) Iver Crow Eagle, Sr.;
       (4) Edmund St. John;
       (5) Walter C. John;
       (6) John Bear King;
       (7) Phillip `Stoney' LaBlanc;
       (8) Baptiste Pumpkinseed;
       (9) Guy Rondell;
       (10) Charles Whitepipe; and
       (11) Clarence Wolfguts.

                    TITLE II--COMANCHE CODE TALKERS

     SEC. 201. FINDINGS.

       Congress finds that--
       (1) the Japanese Empire attacked Pearl Harbor, Hawaii, on 
     December 7, 1941, and Congress declared war on Japan the 
     following day;
       (2) the military code developed by the United States for 
     transmitting messages had been deciphered by the Axis powers, 
     and United States military intelligence sought to develop a 
     new means to counter the enemy;
       (3) the Federal Government called on the Comanche Nation to 
     support the military effort by recruiting and enlisting 
     Comanche men to serve in the United States Army to develop a 
     secret code based on the Comanche language;
       (4) at the time, the Comanches were--
       (A) considered to be second-class citizens; and
       (B) discouraged from using their own language;
       (5) the Comanches of the 4th Signal Division became known 
     as the `Comanche Code Talkers' and helped to develop a code 
     using their language to communicate military messages during 
     the D-Day invasion and in the European theater during World 
     War II;
       (6) to the frustration of the enemy, the code developed by 
     those Native Americans--
       (A) proved to be unbreakable; and
       (B) was used extensively throughout the European war 
     theater;
       (7) the Comanche language, discouraged in the past, was 
     instrumental in developing 1 of the most significant and 
     successful military codes of World War II;
       (8) the efforts of the Comanche Code Talkers--
       (A) contributed greatly to the Allied war effort in Europe;
       (B) were instrumental in winning the war in Europe; and
       (C) their efforts saved countless lives;
       (9) only 1 of the Comanche Code Talkers of World War 11 
     remains alive today; and
       (10) the time has come for Congress to honor the Comanche 
     Code Talkers for their valor and service to the United 
     States.

     SEC. 202. CONGRESSIONAL GOLD MEDAL.

       The Speaker of the House of Representatives and the 
     President Pro Tempore of the Senate shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a gold medal of appropriate design to each of the following 
     Comanche Code Talkers of World War II, in recognition of 
     contributions of those individuals to the United States:
       (1) Charles Chibitty.
       (2) Haddon Codynah.
       (3) Robert Holder.

[[Page 11668]]

       (4) Forrest Kassanovoid.
       (5) Willington Mihecoby.
       (6) Perry Noyebad.
       (7) Clifford Otitivo.
       (8) Simmons Parker.
       (9) Melvin Permansu.
       (10) Dick Red Elk.
       (11) Elgin Red Elk.
       (12) Larry Saupitty.
       (13) Morris Sunrise.
       (14) Willie Yackeschi.

                    TITLE III--CHOCTAW CODE TALKERS

     SEC. 301. FINDINGS.

       Congress finds that--
       (1) on April 6, 1917, the United States, after 
     extraordinary provocations, declared war on Germany and 
     entered World War I, the War to End All Wars;
       (2) at the time of that declaration of war, Indian people 
     in the United States, including members of the Choctaw 
     Nation, were not accorded the status of citizens of the 
     United States;
       (3) without regard to this lack of citizenship, many 
     members of the Choctaw Nation joined many members of other 
     Indian tribes and nations in enlisting in the Armed Forces to 
     fight on behalf of the United States;
       (4) members of the Choctaw Nation were--
       (A) enlisted in the force known as the American 
     Expeditionary Force, which began hostile actions in France in 
     the fall of 1917; and
       (B) incorporated in a company of Indian enlistees serving 
     in the 142d Infantry Company of the 36th Division;
       (5) a major impediment to Allied operations in general, and 
     operations of the United States in particular, was the fact 
     that the German forces had deciphered all codes used for 
     transmitting information between Allied commands, leading to 
     substantial loss of men and materiel during the first year in 
     which the military of the United States engaged in combat in 
     World War I;
       (6) because of the proximity and static nature of the 
     battle lines, a method to communicate without the knowledge 
     of the enemy was needed;
       (7) a commander of the United States realized the fact that 
     he had under his command a number of men who spoke a native 
     language;
       (8) while the use of such native languages was discouraged 
     by the Federal Government, the commander sought out and 
     recruited 18 Choctaw Indians to assist in transmitting field 
     telephone communications during an upcoming campaign;
       (9) because the language used by the Choctaw soldiers in 
     the transmission of information was not based on a European 
     language or on a mathematical progression, the Germans were 
     unable to understand any of the transmissions;
       (10) the Choctaw soldiers were placed in different command 
     positions to achieve the widest practicable area for 
     communications;
       (11) the use of the Choctaw Code Talkers was particularly 
     important in--
       (A) the movement of American soldiers in October of 1918 
     (including securing forward and exposed positions);
       (B) the protection of supplies during American action 
     (including protecting gun emplacements from enemy shelling); 
     and
       (C) in the preparation for the assault on German positions 
     in the final stages of combat operations in the fall of 1918;
       (12) in the opinion of the officers involved, the use of 
     Choctaw Indians to transmit information in their native 
     language saved men and munitions, and was highly successful;
       (13) based on that successful experience, Choctaw Indians 
     were withdrawn from frontline units for training in 
     transmission of codes so as to be more widely used when the 
     war came to an end;
       (14) the Germans never succeeded in breaking the Choctaw 
     code;
       (15) that was the first time in modern warfare that the 
     transmission of messages in a Native American language was 
     used for the purpose of confusing the enemy;
       (16) this action by members of the Choctaw Nation--
       (A) is another example of the commitment of Native 
     Americans to the defense of the United States; and
       (B) adds to the proud legacy of such service; and
       (17) the Choctaw Nation has honored the actions of those 18 
     Choctaw Code Talkers through a memorial bearing their names 
     located at the entrance of the tribal complex in Durant, 
     Oklahoma.

     SEC. 302. CONGRESSIONAL GOLD MEDAL.

       The Speaker of the House of Representatives and the 
     President Pro Tempore of the Senate shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a gold medal of appropriate design honoring the Choctaw Code 
     Talkers.

                   TITLE IV--SAC AND FOX CODE TALKERS

     SEC. 401. FINDINGS.

       Congress finds that--
       (1) Sac and Fox Indians used their native language, 
     Meskwaki to transmit military code during World War II;
       (2) those individuals, who manned radio communications 
     networks to advise of enemy actions, became known as the Sac 
     and Fox Code Talkers; and
       (3) under heavy combat action, the Code Talkers worked 
     without sleep to provide information that saved the lives of 
     many Americans.

     SEC. 402.

       The Speaker of the House of Representatives and the 
     President Pro Tempore of the Senate shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a gold medal of appropriate design to each of the following 
     Sac and Fox Code Talkers of World War II, in recognition of 
     contributions of those individuals to the United States:
       (1) Frank Sanache.
       (2) Willard Sanache.
       (3) Dewey Youngbear.
       (4) Edward Benson.
       (5) Judie Wayne Wabaunasee.
       (6) Mike Wayne Wabaunasee.
       (7) Dewey Roberts.
       (8) Melvin Twin.

                      TITLE V--GENERAL PROVISIONS

     SEC. 501. DEFINITION OF INDIAN TRIBE.

       In this title, the term `Indian tribe' has the meaning 
     given the term in section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 4506).

     SEC. 502. MEDALS FOR OTHER CODE TALKERS.

       (a) Presentation Authorized.--In addition to the gold 
     medals authorized to be presented under sections 102, 202, 
     and 302, the Speaker of the House of Representatives and the 
     President Pro Tempore of the Senate shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a gold medal of appropriate design to any other Native 
     American Code Talker identified by the Secretary of Defense 
     under subsection (b) who has not previously received a 
     congressional gold medal.
       (b) Identification of Other Native American Code Talkers.--
       (1) In general.--Any Native American member of the United 
     States Armed Forces who served as a Code Talker in any 
     foreign conflict in which the United States was involved 
     during the 20th Century shall be eligible for a gold medal 
     under this section.
       (2) Determination.--The Secretary of Defense shall--
       (A) determine eligibility under paragraph (1); and
       (B) not later than 120 days after the date of enactment of 
     this Act, establish a list of the names of individuals 
     eligible to receive a medal under paragraph (1).

     SEC. 503. PROVISIONS APPLICABLE TO ALL MEDALS UNDER THIS ACT.

       (a) Medals Awarded Posthumously.--A medal authorized by 
     this Act may be awarded posthumously on behalf of, and 
     presented to the next of kin or other representative of, a 
     Native American Code Talker.
       (b) Design and Striking.--
       (1) In general.--For purposes of any presentation of a gold 
     medal under this Act, the Secretary of the Treasury shall 
     strike gold medals with suitable emblems, devices, and 
     inscriptions, to be determined by the Secretary of the 
     Treasury.
       (2) Designs Emblematic of Tribal Affiliation.--The design 
     of the gold medals struck under this Act for Native American 
     Code Talkers who are members of the same Indian tribe shall 
     be emblematic of the participation of the Code Talkers of 
     that Indian tribe.

     SEC. 504. DUPLICATE MEDALS.

       The Secretary of the Treasury may strike and sell 
     duplicates in bronze of the gold medals struck under this 
     Act--
       (1) in accordance with such regulations as the Secretary 
     may promulgate; and
       (2) at a price sufficient to cover the costs of the medals 
     (including labor, materials, dies, use of machinery, and 
     overhead expenses, and the cost of the bronze medal).

     SEC. 505. STATUS AS NATIONAL MEDALS.

       A medal struck under this Act shall be considered to be a 
     national medal for the purpose of chapter 51 of title 31, 
     United States Code.

     SEC. 506. FUNDING.

       (a) Authority To Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund such amounts as are necessary to strike and award medals 
     authorized by this Act.
       (b) Proceeds of Sale.--All amounts received from the sale 
     of duplicate bronze medals under section 404 shall be 
     deposited in the United States Mint Public Enterprise Fund.
                                 ______
                                 
  SA 3398. Mrs. MURRAY 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 408, between lines 9 and 10, insert the following:

     SEC. 3147. HAZARDOUS MATERIALS MANAGEMENT AND EMERGENCY 
                   RESPONSE TRAINING AND EDUCATION CENTER.

       (a) Transfer of Responsibility for Management and 
     Operations.--(1) The Secretary of Energy shall transfer to 
     the Office of Energy Assurance of the Department of Energy 
     responsibility for the management and operations of the 
     Hazardous Materials Management and Emergency Response

[[Page 11669]]

     Training and Education Center (referred to in this section as 
     ``HAMMER'') authorized under section 3142 of the National 
     Defense Authorization Act for Fiscal Year 1994 (Public Law 
     103-160; 107 Stat. 1948).
       (2) The Secretary of Energy shall ensure that the Office of 
     Energy Assurance carries out the worker safety and health 
     training programs, including computer-based, hands-on, and 
     simulation training, that are conducted at HAMMER in support 
     of cleanup efforts at the Hanford Site, Richland, Washington.
       (3) The Secretary of Energy may enter into partnering 
     arrangements with other Federal and non-Federal entities to 
     use excess capacities and develop new homeland security, 
     environmental, and health and safety capabilities at HAMMER. 
     Activities under such arrangements may include the 
     establishment and operation of a training center of 
     excellence at HAMMER.
       (b) Funding.--Of the amounts authorized to be appropriated 
     by section 3102 for environmental management activities, 
     $6,000,000 shall be made available in fiscal year 2005 for 
     the Office of Energy Assurance for carrying out activities 
     under this section.
                                 ______
                                 
  SA 3399. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

           TITLE XIII--VETERANS' ENHANCED TRANSITION SERVICES

     SEC. 1301. SHORT TITLE.

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

     SEC. 1302. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE 
                   PROGRAMS.

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

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

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 58 of such title is 
     amended to read as follows:

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

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

     SEC. 1303. BENEFITS DELIVERY AT DISCHARGE PROGRAMS.

       (a) Plan for Maximum Access to Benefits.--The Secretary of 
     Defense, the Secretary of Homeland Security, and the 
     Secretary of Veterans Affairs shall jointly submit to 
     Congress a plan to maximize access to benefits delivery at 
     discharge programs for members of the Armed Forces. The plan 
     shall include a description of efforts to ensure that 
     services under such programs are provided to the maximum 
     extent practicable--
       (1) at each installation and inpatient medical care 
     facility of the uniformed services at which personnel 
     eligible for assistance under the programs are discharged 
     from the armed forces; and
       (2) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of title 10, United 
     States Code, who is being retired under another provision of 
     such title or is being discharged, at a location reasonably 
     convenient to the member.
       (b) Benefits Delivery of Discharge Programs Defined.--In 
     this section, the term ``benefits delivery at discharge 
     program'' means a program administered jointly by the 
     Secretary of Defense and the Secretary of Veterans Affairs to 
     provide information and assistance on available benefits 
     together with other transition assistance to members of the 
     Armed Forces who are separating from the Armed Forces, 
     including assistance to obtain any disability benefits for 
     which eligible.

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

       (a) Improvement of Medical Tracking System for Members 
     Deployed Overseas.--(1) Section 1074f of title 10, United 
     States Code, is amended--
       (A) in subsection (b), by striking ``(including an 
     assessment of mental health'' and inserting ``(which shall 
     include mental health screening and assessment'';
       (B) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively; and
       (C) by inserting after subsection (b) the following new 
     subsections:
       ``(c) Medical Examinations.--(1) The Secretary of Defense 
     shall prescribe the minimum content and standards that apply 
     for

[[Page 11670]]

     the medical examinations required under this section. The 
     Secretary shall ensure that the content and standards 
     prescribed under the preceding sentence are applied uniformly 
     at all installations and medical facilities of the armed 
     forces where medical examinations required under this section 
     are performed for members of the armed forces returning from 
     a deployment as described in subsection (a).
       ``(2) An examination consisting solely or primarily of an 
     assessment questionnaire completed by a member does not meet 
     the requirements of this subsection for a medical examination 
     and does not meet the requirements of this section for an 
     assessment.
       ``(3) The content and standards prescribed under paragraph 
     (1) for mental health screening and assessment shall include 
     content and standards for screening mental health disorders, 
     and in the case of acute post-traumatic stress disorder and 
     delayed onset post-traumatic stress disorder, shall 
     specifically include questions to identify stressors 
     experienced by members that have the potential to lead to 
     post-traumatic stress disorder.
       ``(4) An examination of a member required under this 
     section may not be waived by the Secretary (or any official 
     exercising the Secretary's authority under this section) or 
     by the member.
       ``(d) Followup Services.--(1) The Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     ensure that appropriate actions are taken to assist a member 
     who, as a result of a post-deployment medical examination 
     carried out under the system established under this section, 
     receives an indication for a referral for followup treatment 
     from the health care provider who performs the examination.
       ``(2) Assistance required to be provided a member under 
     paragraph (1) includes the following:
       ``(A) Information regarding, and any appropriate referral 
     for, care and treatment and other services that the Secretary 
     of Defense or the Secretary of Veterans Affairs may provide 
     such member under any other provision of law, as follows:
       ``(i) Clinical services, including counseling and treatment 
     for post-traumatic stress disorder and other mental health 
     conditions.
       ``(ii) Any other care, treatment, and services.
       ``(B) Information on the private sector sources of 
     treatment that are available to the member in the member's 
     community
       ``(C) Assistance to enroll in the Department of Veterans 
     Affairs health care system for health care benefits for which 
     the member is eligible under laws administered by the 
     Secretary of Veterans Affairs.''.
       (2) In the development of questions regarding stressors to 
     include in assessments under subsection (c)(3) of section 
     1074f of title 10, United States Code (as added by paragraph 
     (1)), consideration shall be given to using the same 
     questions as those that were included in the post-deployment 
     assessment questionnaire that was used in post-deployment 
     assessments under such section in May 2004 or similar 
     questions.
       (b) Report on PTSD Cases.--(1) The Secretary of Defense and 
     the Secretary of Veterans Affairs shall jointly submit to 
     Congress a report on the services provided members and former 
     members of the Armed Forces who experience post-traumatic 
     stress disorder (and related conditions) associated with 
     service in the Armed Forces.
       (2) The report under paragraph (1) shall include the 
     following information:
       (A) The number of persons treated.
       (B) The types of interventions.
       (C) The programs that are in place for each of the Armed 
     Forces to identify and treat cases of post-traumatic stress 
     disorder and related conditions.

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

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

     ``Sec. 1154. Veteran-to-veteran preseparation counseling

       ``(a) Cooperation Required.--The Secretary of Defense shall 
     carry out a program to facilitate the access of 
     representatives of military and veterans' service 
     organizations and representatives of veterans' services 
     agencies of States to provide preseparation counseling and 
     services to members of the armed forces who are scheduled, or 
     are in the process of being scheduled, for discharge, release 
     from active duty, or retirement.
       ``(b) Required Program Element.--The program under this 
     section shall provide for representatives of military and 
     veterans' service organizations and representatives of 
     veterans' services agencies of States to be invited to 
     participate in the preseparation counseling and other 
     assistance briefings provided to members under the programs 
     carried out under sections 1142 and 1144 of this title and 
     the benefits delivery at discharge programs.
       ``(c) Locations.--The program under this section shall 
     provide for access to members--
       ``(1) at each installation of the armed forces;
       ``(2) at each inpatient medical care facility of the 
     uniformed services administered under chapter 55 of this 
     title; and
       ``(3) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, at a location reasonably convenient to the 
     member.
       ``(d) Consent of Members Required.--Access to a member of 
     the armed forces under the program under this section is 
     subject to the consent of the member.
       ``(e) Definitions.--In this section:
       ``(1) The term `benefits delivery at discharge program' 
     means a program administered jointly by the Secretary of 
     Defense and the Secretary of Veterans Affairs to provide 
     information and assistance on available benefits and other 
     transition assistance to members of the armed forces who are 
     separating from the armed forces, including assistance to 
     obtain any disability benefits for which eligible.
       ``(2) The term `veterans' service organization' means an 
     organization that is recognized by the Secretary of Veterans 
     Affairs for the representation of veterans under section 5902 
     of title 38.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``1154. Veteran-to-veteran preseparation counseling.''.

       (b) Department of Veterans Affairs.--(1) Subchapter 1 of 
     chapter 17 of title 38, United States Code, is amended by 
     adding at the end the following new section:

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

       ``(a) Cooperation Required.--The Secretary shall carry out 
     a program to facilitate the access of representatives of 
     military and veterans' service organizations and 
     representatives of veterans' services agencies of States to 
     veterans furnished care and services under this chapter to 
     provide information and counseling to such veterans on the 
     care and services authorized by this chapter and on other 
     benefits and services available under the laws administered 
     by the Secretary.
       ``(b) Facilities Covered.--The program under this section 
     shall provide for access to veterans described in subsection 
     (a) at each facility of the Department or non-Department 
     facility at which the Secretary furnishes care and services 
     under this chapter.
       ``(c) Consent of Veterans Required.--Access to a veteran 
     under the program under this section is subject to the 
     consent of the veteran.
       ``(d) Veterans' Service Organization Defined.--In this 
     section, the term `veterans' service organization' means an 
     organization that is recognized by the Secretary for the 
     representation of veterans under section 5902 of this 
     title.''.
       (2) The table of sections at the beginning of that chapter 
     is amended by inserting after the item relating to section 
     1708 the following new item:

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

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

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

     ``Sec. 1155. College credit for training in the armed forces

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

``1155. College credit for training in the armed forces.''.
                                 ______
                                 
  SA 3400. Mr. FEINGOLD (for himself, Mrs. Murray, Mr. Corzine, and Mr. 
Dayton) submitted an amendment intended to be proposed by him to the 
bill S. 2400, to authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

                Subtitle F--Leave for Military Families

     SEC. 661. SHORT TITLE.

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

     SEC. 662. GENERAL REQUIREMENTS FOR LEAVE.

       (a) Entitlement to Leave.--Section 102(a) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by 
     adding at the end the following:
       ``(3) Entitlement to leave due to family member's active 
     duty.--
       ``(A) In general.--Subject to section 103(f), an eligible 
     employee shall be entitled to a total of 12 workweeks of 
     leave during any 12-month period because a spouse, son, 
     daughter, or parent of the employee is a member of the Armed 
     Forces--

[[Page 11671]]

       ``(i) on active duty in support of a contingency operation; 
     or
       ``(ii) notified of an impending call or order to active 
     duty in support of a contingency operation.
       ``(B) Conditions and time for taking leave.--An eligible 
     employee shall be entitled to take leave under subparagraph 
     (A)--
       ``(i) while the employee's spouse, son, daughter, or parent 
     (referred to in the subparagraph as the `family member') is 
     on active duty in support of a contingency operation, and, if 
     the family member is a member of a reserve component of the 
     Armed Forces, beginning when such family member receives 
     notification of an impending call or order to active duty in 
     support of a contingency operation; and
       ``(ii) only for issues directly relating to or resulting 
     from such family member's--

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

       ``(aa) receipt of notification of an impending call or 
     order to active duty in support of a contingency operation; 
     and
       ``(bb) service on active duty in support of such operation.
       ``(4) Limitation.--No employee may take more than a total 
     of 12 workweeks of leave under paragraphs (1) and (3) during 
     any 12-month period.''.
       (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 
     2612(b)(1)) is amended by inserting after the second sentence 
     the following: ``Leave under subsection (a)(3) may be taken 
     intermittently or on a reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting 
     ``or subsection (a)(3)'' after ``subsection (a)(1)''.
       (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) 
     is amended by adding at the end the following:
       ``(3) Notice for leave due to family member's active 
     duty.--An employee who intends to take leave under subsection 
     (a)(3) shall provide such notice to the employer as is 
     practicable.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
       ``(f) Certification for Leave Due to Family Member's Active 
     Duty.--An employer may require that a request for leave under 
     section 102(a)(3) be supported by a certification issued at 
     such time and in such manner as the Secretary may by 
     regulation prescribe.''.
       (f) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Labor shall prescribe 
     such regulations as are necessary to implement the amendments 
     made by this section.

     SEC. 663. LEAVE FOR CIVIL SERVICE EMPLOYEES.

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

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

       ``(4) No employee may take more than a total of 12 
     workweeks of leave under paragraphs (1) and (3) during any 
     12-month period.''.
       (b) Schedule.--Section 6382(b)(1) of such title is amended 
     by inserting after the second sentence the following: ``Leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule.''.
       (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by inserting ``or subsection (a)(3)'' after 
     ``subsection (a)(1)''.
       (d) Notice.--Section 6382(e) of such title is amended by 
     adding at the end the following:
       ``(3) An employee who intends to take leave under 
     subsection (a)(3) shall provide such notice to the employing 
     agency as is practicable.''.
       (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(3) be supported by a 
     certification issued at such time and in such manner as the 
     Office of Personnel Management may by regulation 
     prescribe.''.
       (f) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall prescribe regulations necessary to 
     implement the amendments made by this section. The 
     regulations prescribed under this subsection shall, to the 
     extent appropriate, be consistent with the regulations 
     prescribed by the Secretary of Labor under section 663(f).

     SEC. 664. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect 180 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 3401. Mr. DODD (for himself and Mr. DeWine) 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, insert the following:

                 DIVISION D--ASSISTANCE TO FIREFIGHTERS

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Assistance to 
     Firefighters Act of 2004''.

     SEC. 4002. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR 
                   FIREFIGHTER ASSISTANCE PROGRAM.

       (a) In General.--Subsection (b)(1) of section 33 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229) is amended by striking ``Director'' in the matter 
     preceding subparagraph (A) and inserting ``Secretary of 
     Homeland Security, in consultation with the Administrator,''.
       (b) Conforming Amendment.--Such section is further amended 
     by striking ``Director'' each place it appears and inserting 
     ``Secretary of Homeland Security''.
       (c) Technical Amendment.--The heading of subsection (b)(8) 
     of such section is amended by striking ``Director'' and 
     inserting ``Secretary''.

     SEC. 4003. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE 
                   ORGANIZATIONS.

       (a) Authority To Award Grants to Volunteer Emergency 
     Medical Service Squads.--Paragraph (1)(A) of section 33(b) of 
     the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229(b)) is amended by inserting ``or to volunteer 
     emergency medical service organizations'' after ``fire 
     departments''.
       (b) Use of Grant Funds.--Paragraph (3)(F) of such section 
     is amended by inserting ``or volunteer emergency medical 
     service organizations that are not affiliated with a for-
     profit entity'' after ``fire departments''.
       (c) Special Rule for Applications for Volunteer Emergency 
     Medical Services.--Paragraph (5) of such section is amended 
     by adding at the end, the following new subparagraph:
       ``(C) Special rule for volunteer emergency medical 
     services.--The Secretary of Homeland Security shall permit an 
     applicant seeking grant funds for volunteer emergency medical 
     services under paragraph (3)(F) to use the same application 
     form to seek grant funds for one or more of the other 
     purposes set out in subparagraphs (A) through (O) of 
     paragraph (3).''.

     SEC. 4004. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR 
                   DEVICES.

       Paragraph (3) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is 
     amended by adding at the end the following new subparagraph:
       ``(O) To obtain automated external defibrillator 
     devices.''.

     SEC. 4005. CRITERIA FOR REVIEWING GRANT APPLICATIONS.

       Paragraph (2) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is 
     amended to read as follows:
       ``(2) Criteria and review of applications.--
       ``(A) Preliminary review criteria.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     establish specific criteria for the preliminary review of an 
     application submitted under this section. If an application 
     does not meet such criteria, the application may not receive 
     further consideration for a grant under this section.
       ``(ii) Annual review of criteria.--Not less often than once 
     each year, the Secretary of Homeland Security, in 
     consultation with the Administrator, shall convene a meeting 
     of individuals who are members of a fire service and are 
     recognized for expertise in firefighting or in emergency 
     medical services provided by fire services, and who are not 
     employees of the Federal Government for the purpose of 
     reviewing and proposing changes to the criteria established 
     under clause (i).
       ``(B) Selection through review by experts.--

[[Page 11672]]

       ``(i) Requirement for review.--The Secretary of Homeland 
     Security shall award grants under this section based on the 
     review of applications for such grants by a panel of fire 
     service personnel appointed by a national organization 
     recognized for expertise in the operation and administration 
     of fire services.
       ``(ii) Role of the secretary.--The Secretary of Homeland 
     Security shall provide for the administration of the review 
     panel described in clause (i) and shall ensure that an 
     individual appointed to such panel is a recognized expert in 
     firefighting, medical services provided by fire services, 
     fire prevention, or research on firefighter safety.''.

     SEC. 4006. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY 
                   PROGRAMS.

       (a) Authority.--Paragraph (1)(B) of section 33(b) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(b)) is amended by inserting ``and firefighter safety'' 
     after ``prevention''.
       (b) Expansion of Existing Program.--
       (1) Firefighter safety assistance.--Paragraph (4) of such 
     section is amended--
       (A) in subparagraph (A)(ii), by striking ``organizations 
     that are recognized'' and all that follows and inserting 
     ``organizations eligible under subparagraph (B) for the 
     purposes described in subparagraph (C).''; and
       (B) by striking subparagraph (B), and inserting the 
     following new subparagraphs:
       ``(B) Eligibility for assistance.--An organization may be 
     eligible for assistance under subparagraph (A)(ii), if such 
     organization is a national, State, local, or community 
     organization that is not a fire service and that is 
     recognized for experience and expertise with respect to 
     programs and activities that promote--
       ``(i) fire prevention or fire safety; or
       ``(ii) the health and safety of firefighting personnel.
       ``(C) Use of funds.--Assistance provided under subparagraph 
     (A)(ii) shall be used--
       ``(i) to carry out fire prevention programs; or
       ``(ii) to fund research to improve the health and safety of 
     firefighting personnel.
       ``(D) Priority.--In selecting organizations described in 
     subparagraph (B) to receive assistance under this paragraph, 
     the Secretary of Homeland Security shall give priority--
       ``(i) to organizations that focus on preventing injuries 
     from fire to members of groups at high risk of such injuries, 
     with an emphasis on children; and
       ``(ii) to organizations that focus on researching methods 
     to improve the health and safety of firefighting personnel.
       ``(E) Allocation of funds.--Not less than 66 percent of the 
     total amount of funds made available in a fiscal year to 
     carry out this paragraph shall be made available of the 
     programs described in subparagraph (A)(ii).''.
       (2) Conforming amendment.--The heading of such paragraph is 
     amended to read as follows:
       ``(4) Fire prevention and firefighter safety programs.--''.
       (c) Availability of Funds for Fire Prevention and 
     Firefighter Safety Programs.--Paragraph (4)(A) of such 
     section, as amended by subsection (b), is further amended in 
     the matter preceding clause (i), by striking ``5 percent'' 
     and inserting ``6 percent''.

     SEC. 4007. ASSISTANCE FOR APPLICATIONS.

       Paragraph (5) of section 33(b) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)), as 
     amended by section 3(c), is further amended by adding at the 
     end the following new subparagraph:
       ``(D) Assistance to prepare an application.--The Secretary 
     of Homeland Security shall provide assistance with the 
     preparation of applications for grants under this section.''.

     SEC. 4008. REDUCED REQUIREMENTS FOR MATCHING FUNDS.

       (a) Amount Required.--Paragraph (6) of section 33(b) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(b)) is amended by striking subparagraphs (A) and (B) and 
     inserting the following:
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Secretary of Homeland Security may provide assistance 
     under this subsection only if the applicant for such 
     assistance agrees to match 20 percent of such assistance for 
     any fiscal year with an equal amount of non-Federal funds.
       ``(B) Requirement for small community organizations.--In 
     the case of an applicant whose personnel--
       ``(i) serve jurisdictions of 50,000 or fewer residents, the 
     percent applied under the matching requirement of 
     subparagraph (A) shall be 10 percent; or
       ``(ii) serve jurisdictions of 20,000 or fewer residents, 
     the percent applied under the matching requirement of 
     subparagraph (A) shall be 5 percent.''.
       (b) Exception.--Such paragraph, as amended by subsection 
     (a), is further amended by adding at the end the following 
     new subparagraph:
       ``(C) Exception.--No matching funds may be required under 
     this subsection for assistance provided under subparagraph 
     (A)(ii) of paragraph (4) to an organization described in 
     subparagraph (B) of such paragraph.''.
       (c) Special Rule for Requests for Automated External 
     Defibrillator Devices.--Section 33(b) of such Act is further 
     amended by adding at the end the following new paragraph:
       ``(13) Special rules for grants for automated external 
     defibrillator devices.--
       ``(A) Limitations.--The Secretary of Homeland Security 
     shall reduce the percentage of non-Federal matching funds for 
     a grant as described in subparagraph (B) if--
       ``(i) the applicant is requesting grant funds to obtain one 
     or more automated external defibrillator devices, as 
     authorized by paragraph (3)(O);
       ``(ii) the award of such grant will result in the applicant 
     possessing exactly one such device for each first-due 
     emergency vehicle operated by the applicant;
       ``(iii) the applicant certifies to the Secretary of 
     Homeland Security that the applicant possesses, at the time 
     such application is filed, a number of such devices that is 
     less than the number of first-due emergency vehicles operated 
     by the applicant and that the applicant is capable of 
     storing, in a manner conducive to rapid use, such devices on 
     each such vehicle; and
       ``(iv) the applicant has not previously received a grant 
     under this subsection to obtain such devices.
       ``(B) Matching requirements.--If an applicant meets the 
     criteria set out in clauses (i), (ii), (iii), and (iv) of 
     subparagraph (A), the Secretary of Homeland Security shall 
     reduce the percentage of non-Federal matching funds required 
     by paragraph (6) by 2 percentage points for all assistance 
     requested in the application submitted by such applicant.
       ``(C) First-due defined.--In this paragraph, the term 
     `first-due' means the firefighting and emergency medical 
     services vehicles that are utilized by a fire service for 
     immediate response to an emergency situation.''.

     SEC. 4009. GRANT RECIPIENT LIMITATIONS.

       (a) Limitations on Grant Amounts.--Subparagraph (A) of 
     section 33(b)(10) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)(10)) is amended to read as 
     follows:
       ``(A) Limitations on grant amount.--
       ``(i) General limitation.--Subject to clause (ii), a 
     recipient of assistance under this section may not receive in 
     a fiscal year an amount of such assistance that exceeds the 
     greater of $2,250,000 or the amount equal to 0.5 percent of 
     the total amount of funds appropriated for such assistance 
     for such fiscal year.
       ``(ii) Limitations on basis of population.--Subject to 
     clause (iii), a recipient of assistance under this section 
     that serves a jurisdiction of less than 1,000,000 individuals 
     may not receive more than $1,500,000 of such assistance for a 
     fiscal year, except that such a recipient that serves a 
     jurisdiction of less than 500,000 individuals may not receive 
     more than $1,000,000 of such assistance during a fiscal year.
       ``(iii) Waiver.--With respect to assistance provided in a 
     fiscal year before fiscal year 2007, the Secretary of 
     Homeland Security, in consultation with the Administrator, 
     may waive the limitations set out in clause (ii) if the 
     Secretary determines that a waiver is warranted by an 
     extraordinary need for assistance for fire suppression 
     activities by a jurisdiction, whether such need is caused by 
     the likelihood of terrorist attack, natural disaster, 
     destructive fires occurring over a large geographic area, or 
     some other cause.''.
       (b) Limitations on Grants for Volunteer Emergency Medical 
     Services.--Such section, as amended by subsection (a), is 
     further amended by adding at the end the following new 
     subparagraph:
       ``(C) Limitations on expenditures for volunteer emergency 
     medical services.--Not more than 3.5 percent of the funds 
     appropriated to provide grants under this section for a 
     fiscal year may be awarded to volunteer emergency medical 
     service organizations.''.

     SEC. 4010. OTHER CONSIDERATIONS.

       Section 33(b) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)), as amended by section 8, is 
     amended by adding at the end the following new paragraph:
       ``(14) Other considerations.--In providing assistance under 
     this section, the Secretary of Homeland Security shall--
       ``(A) consider the extent to which the recipient of such 
     assistance is able to enhance the daily operations of a fire 
     service and to improve the protection of people and property 
     from fire; and
       ``(B) ensure that such assistance awarded to a volunteer 
     emergency medical service organization will not be used to 
     provide emergency medical services in a geographic area if 
     such services are adequately provided by a fire service in 
     such area.''.

     SEC. 4011. REPORTS TO CONGRESS.

       (a) Study and Report on Assistance to Firefighters.--
       (1) Study.--The Secretary, in conjunction with the National 
     Fire Protection Association, shall conduct a study--
       (A) to assess the types of activities that are carried out 
     by fire services;
       (B) to determine whether the level of Federal funding made 
     available to fire services is adequate;
       (C) to assess categories of services, including emergency 
     medical services, that are not adequately provided by fire 
     services on either the national or State level; and
       (D) to measure the effect, if any, of the assistance 
     provided under section 33 of the

[[Page 11673]]

     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229) on the needs of fire services identified in the report 
     submitted to Congress under section 1701(b) of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-363).
       (2) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the findings of the study described in paragraph 
     (1).
       (b) Report by GAO.--Not later than 18 months after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on--
       (1) the administration of the assistance provided under 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229); and
       (2) the success of the Secretary in administering the 
     Federal Emergency Management Agency.
       (c) Report on Waiver of Amount Limitations.--Not later than 
     18 months after the date of the enactment of this Act, the 
     Secretary shall submit to Congress a report on the instances, 
     if any, of the use of the waiver authority set out in section 
     33(b)(10)(A)(iii) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(b)(10)(A)(iii)), as added by 
     section 9.
       (d) Definitions.--In this section:
       (1) Fire service.--The term ``fire service'' has the 
     meaning given that term in section 4 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2203).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 4012. TECHNICAL CORRECTIONS.

       (a) Repeal of Duplicative Definition.--Subsection (d) of 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229) is repealed.
       (b) Redesignations Necessitated by Duplicative Numbering.--
     The sections 33 and 34 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2230 and 2231) that were added 
     by sections 105 and 106 of Public Law 106-503 (114 Stat. 
     2301) are redesignated as sections 34 and 35, respectively.

     SEC. 4013. AUTHORIZATION OF APPROPRIATIONS.

       (a) Firefighter Assistance Programs.--Section 33(e) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229(e)) is amended by striking the first sentence and 
     inserting ``There are authorized to be appropriated for the 
     purposes of this section $900,000,000 for fiscal year 2005, 
     $950,000,000 for fiscal year 2006, and $1,000,000,000 for 
     each of the fiscal years 2007 through 2010.''.
       (b) Study on Assistance to Firefighters.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security $300,000 for fiscal year 2005 to carry out the 
     requirements of section 4011(a).
                                 ______
                                 
  SA 3402. Mr. GRASSLEY (for himself and Mrs. Feinstein) 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 272, after the matter following line 18, insert the 
     following:

     SEC. 1055. DRUG ERADICATION EFFORTS IN AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) The United States engaged in military action against 
     the Taliban-controlled Government of Afghanistan in 2001 in 
     direct response to the Taliban's support and aid to Al Qaeda.
       (2) The military action against the Taliban in Afghanistan 
     was designed, in part, to disrupt the activities of, and 
     financial support for, terrorists.
       (3) A greater percentage of the world's opium supply is now 
     produced in Afghanistan than before the Taliban banned the 
     cultivation or trade of opium.
       (4) In 2004, more than two years after the Taliban was 
     forcefully removed from power, Afghanistan is supplying 
     approximately 75 percent of the world's heroin.
       (5) The estimated value of the opium harvested in 
     Afghanistan in 2003 was $2,300,000,000.
       (6) Some of the profits associated with opium harvested in 
     Afghanistan continue to fund terrorists and terrorist 
     organizations, including Al Qaeda, that seek to attack the 
     United States and United States interests.
       (7) The global war on terror is and should remain our 
     Nation's highest national security priority.
       (8) United States and Coalition coun-
     ter drug efforts in Afghanistan have not yet produced 
     significant results.
       (9) There are indications of strong, direct connections 
     between terrorism and drug trafficking.
       (10) The elimination of this funding source is critical to 
     making significant progress in the global war on terror.
       (11) The President of Afghanistan, Hamid Karzai, has stated 
     that opium production poses a significant threat to the 
     future of Afghanistan, and has established a plan of action 
     to deal with this threat.
       (12) The United Nations Office on Drugs and Crime has 
     reported that Afghanistan is at risk of again becoming a 
     failed state if strong actions are not taken against 
     narcotics.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should make the substantial reduction of 
     drug trafficking in Afghanistan a priority in the war on 
     terror;
       (2) the Secretary of Defense should, in coordination with 
     the Secretary of State, work to a greater extent in 
     cooperation with the Government of Afghanistan and 
     international anti-drug agencies to assist in the protection 
     of anti-drug personnel in Afghanistan; and
       (3) because the trafficking of narcotics is known to 
     support terrorist activities and contributes to the 
     instability of the Government of Afghanistan, additional 
     efforts should be made by the Armed Forces of the United 
     States, in conjunction with and in support of coalition 
     forces, to significantly reduce narcotics trafficking in 
     Afghanistan and neighboring countries, with particular focus 
     on those trafficking organizations with the closest links to 
     known terrorist organizations.
       (c) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report that describes--
       (1) progress made towards substantially reducing the poppy 
     cultivation and heroin production capabilities in 
     Afghanistan; and
       (2) the extent to which profits from illegal drug activity 
     in Afghanistan fund terrorist organizations and support 
     groups that seek to undermine the Government of Afghanistan.
                                 ______
                                 
  SA 3403. Mr. BENNETT (for himself, Mr. Hatch, and Ms. Collins) 
submitted an amendment intended to be proposed by him to the bill S. 
2400, to authorize appropriations for fiscal year 2005 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Services, and 
for other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle B of title XXXI, add the following:

     SEC. 3122. REQUIREMENT OF SPECIFIC AUTHORIZATION OF CONGRESS 
                   FOR FULL-SCALE UNDERGROUND NUCLEAR TEST OF 
                   ROBUST NUCLEAR EARTH PENETRATOR.

       Section 3117 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1746) is 
     amended by inserting ``, or conduct a full-scale underground 
     nuclear test of such weapon,'' after ``Robust Nuclear Earth 
     Penetrator weapon''.
                                 ______
                                 
  SA 3404. 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 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) Review by the Small Business Administration.--Until the 
     Secretary of Defense develops and implements the process for 
     measuring the effectiveness of the test program required 
     under subsection (a), the Secretary shall not approve a new 
     subcontracting plan under the test program without review of, 
     and consent to, such plan by the Administrator of the Small 
     Business Administration, acting through the appropriate area 
     Office of Government Contracting of the Small Business 
     Administration. The purpose of the review of a plan under 
     this subsection shall be to determine compliance with section 
     8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)).
       (d) Monitoring.--The Comptroller General shall monitor the 
     administration of the test

[[Page 11674]]

     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 3405. 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 164, after line 18, insert the following:

     SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON 
                   THE VALUE RANGE OF THE CONTRACTS TO WHICH A 
                   SMALL BUSINESS CONTRACT RESERVATION APPLIES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) in the administration of the requirement for 
     reservation of contracts for small businesses under 
     subsection (j) of section 15 of the Small Business Act (15 
     U.S.C. 644), the maximum amount in the contract value range 
     provided under that subsection should be treated as being 
     adjusted to the same amount to which the simplified 
     acquisition threshold is increased whenever such threshold is 
     increased under law; and
       (2) the minimum amount specified in paragraph (1) of such 
     subsection should not be increased on the basis of cost 
     inflation.
       (b) Simplified Acquisition Threshold Defined.--In this 
     section, the term ``simplified acquisition threshold'' has 
     the meaning give such term in section 4(11) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(11)).
                                 ______
                                 
  SA 3406. Mr. FRIST (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTION OF CHILDREN AND PARENTAL INVOLVEMENT IN 
                   THE PERFORMANCE OF ABORTIONS FOR DEPENDENT 
                   CHILDREN OF MEMBERS OF THE ARMED FORCES.

       Section 1093 of title 10, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(c) Parental Notice.--(1) A physician may not use 
     facilities of the Department of Defense to perform an 
     abortion on a pregnant unemancipated minor who is a child of 
     a member of the armed forces unless--
       ``(A) the physician gives at least 48 hours actual notice, 
     in person or by telephone, of the physician's intent to 
     perform the abortion to--
       ``(i) the member of the armed forces, or another parent of 
     the minor, if the minor has no managing conservator or 
     guardian; or
       ``(ii) a court-appointed managing conservator or guardian;
       ``(B) the judge of an appropriate district court of the 
     United States issues an order authorizing the minor to 
     consent to the abortion as provided by subsection (d) or (e);
       ``(C) the appropriate district court of the United States 
     by its inaction constructively authorizes the minor to 
     consent to the abortion as provided by subsection (d) or (e); 
     or
       ``(D) the physician performing the abortion--
       ``(i) concludes that on the basis of the physician's good 
     faith clinical judgment, a condition exists that complicates 
     the medical condition of the minor and necessitates the 
     immediate abortion of her pregnancy to avert her death or to 
     avoid a serious risk of substantial and irreversible 
     impairment of a major bodily function; and
       ``(ii) certifies in writing to the appropriate medical 
     official of the Department of Defense, and in the patient's 
     medical record, the medical indications supporting the 
     physician's judgment that the circumstances described by 
     clause (i) exist.
       ``(2) If a person to whom notice may be given under 
     paragraph (1)(A) cannot be notified after a reasonable 
     effort, a physician may perform an abortion if the physician 
     gives 48 hours constructive notice, by certified mail, 
     restricted delivery, sent to the last known address, to the 
     person to whom notice may be given under that paragraph. The 
     period under this paragraph begins when the notice is mailed. 
     If the person required to be notified is not notified within 
     the 48-hour period, the abortion may proceed even if the 
     notice by mail is not received.
       ``(3) The requirement that 48 hours actual notice be 
     provided under this subsection may be waived by an affidavit 
     of--
       ``(A) the member of the armed forces concerned, or another 
     parent of the minor, if the minor has no managing conservator 
     or guardian; or
       ``(B) a court-appointed managing conservator or guardian.
       ``(4) A physician may execute for inclusion in the minor's 
     medical record an affidavit stating that, according to the 
     best information and belief of the physician, notice or 
     constructive notice has been provided as required by this 
     subsection. Execution of an affidavit under this paragraph 
     creates a presumption that the requirements of this 
     subsection have been satisfied.
       ``(5) A certification required by paragraph (1)(D) is 
     confidential and privileged and is not subject to disclosure, 
     discovery, subpoena, or other legal process. Personal or 
     identifying information about the minor, including her name, 
     address, or social security number, may not be included in a 
     certification under paragraph (1)(D). The physician must keep 
     the medical records on the minor in compliance with 
     regulations prescribed by the Secretary of Defense.
       ``(6) A physician who intentionally performs an abortion on 
     a pregnant unemancipated minor in violation of this 
     subsection commits an offense punishable by a fine not to 
     exceed $10,000.
       ``(7) It is a defense to prosecution under this subsection 
     that the minor falsely represented her age or identity to the 
     physician to be at least 18 years of age by displaying an 
     apparently valid governmental record of identification such 
     that a reasonable person under similar circumstances would 
     have relied on the representation. The defense does not apply 
     if the physician is shown to have had independent knowledge 
     of the minor's actual age or identity or failed to use due 
     diligence in determining the minor's age or identity.
       ``(d) Judicial Approval.--(1) A pregnant unemancipated 
     minor who is a child of a member of the armed forces and who 
     wishes to have an abortion using facilities of the Department 
     of Defense without notification to the member of the armed 
     forces, another parent, her managing conservator, or her 
     guardian may file an application for a court order 
     authorizing the minor to consent to the performance of an 
     abortion without notification to either of her parents or a 
     managing conservator or guardian.
       ``(2) Any application under this subsection may be filed in 
     any appropriate district court of the United States. In the 
     case of a minor who elects not to travel to the United States 
     in pursuit of an order authorizing the abortion, the court 
     may conduct the proceedings in the case of such application 
     by telephone.
       ``(3) An application under this subsection shall be made 
     under oath and include--
       ``(A) a statement that the minor is pregnant;
       ``(B) a statement that the minor is unmarried, is under 18 
     years of age, and has not had her disabilities removed;
       ``(C) a statement that the minor wishes to have an abortion 
     without the notification of either of her parents or a 
     managing conservator or guardian; and
       ``(D) a statement as to whether the minor has retained an 
     attorney and, if she has retained an attorney, the name, 
     address, and telephone number of her attorney.
       ``(4) The court shall appoint a guardian ad litem for the 
     minor. If the minor has not retained an attorney, the court 
     shall appoint an attorney to represent the minor. If the 
     guardian ad litem is an attorney, the court may appoint the 
     guardian ad litem to serve as the minor's attorney.
       ``(5) The court may appoint to serve as guardian ad litem 
     for a minor--
       ``(A) a psychiatrist or an individual licensed or certified 
     as a psychologist;
       ``(B) a member of the clergy;
       ``(C) a grandparent or an adult brother, sister, aunt, or 
     uncle of the minor; or
       ``(D) another appropriate person selected by the court.
       ``(6) The court shall determine within 48 hours after the 
     application is filed whether the minor is mature and 
     sufficiently well-informed to make the decision to have an 
     abortion performed without notification to either of her 
     parents or a managing conservator or guardian, whether 
     notification would not be in the best interest of the minor, 
     or whether notification may lead to physical, sexual, or 
     emotional abuse of the minor. If the court finds that the 
     minor is mature and sufficiently well informed, that 
     notification would not be in the minor's best interest, or 
     that notification may lead to physical, sexual, or emotional 
     abuse of the minor, the court shall enter an order 
     authorizing the minor to consent to the performance of the 
     abortion without notification to either of her parents or a 
     managing conservator or guardian and shall execute the 
     required forms.
       ``(7) If the court fails to rule on the application within 
     the period specified in paragraph (6), the application shall 
     be deemed to be granted and the physician may perform the 
     abortion as if the court had issued an order authorizing the 
     minor to consent to the performance of the abortion without 
     notification under subsection (c).
       ``(8) If the court finds that the minor does not meet the 
     requirements of paragraph (6),

[[Page 11675]]

     the court may not authorize the minor to consent to an 
     abortion without the notification authorized under subsection 
     (c)(1).
       ``(9) The court may not notify a parent, managing 
     conservator, or guardian that the minor is pregnant or that 
     the minor wants to have an abortion. The court proceedings 
     shall be conducted in a manner that protects the anonymity of 
     the minor. The application and all other court documents 
     pertaining to the proceedings are confidential and privileged 
     and are not subject to disclosure, discovery, subpoena, or 
     other legal process. The minor may file the application using 
     a pseudonym or using only her initials.
       ``(10) An order of the court issued under this subsection 
     is confidential and privileged and is not subject to 
     disclosure, discovery, subpoena, or other legal process. The 
     order may not be released to any person but the pregnant 
     minor, the pregnant minor's guardian ad litem, the pregnant 
     minor's attorney, another person designated to receive the 
     order by the minor, or a governmental agency or attorney in a 
     criminal or administrative action seeking to assert or 
     protect the interest of the minor.
       ``(11) A filing fee is not required of and court costs may 
     not be assessed against a minor filing an application under 
     this subsection.
       ``(e) Appeal.--(1) A minor whose application under 
     subsection (d) is denied may appeal to the court of appeals 
     of the United States having jurisdiction of the district 
     court of the United States that denied the application. If 
     the court of appeals fails to rule on the appeal within 48 
     hours after the appeal is filed, the appeal shall be deemed 
     to be granted and the physician may perform the abortion 
     using facilities of the Department of Defense as if the court 
     had issued an order authorizing the minor to consent to the 
     performance of the abortion using facilities of the 
     Department of Defense without notification under subsection 
     (c). Proceedings under this subsection shall be given 
     precedence over other pending matters to the extent necessary 
     to assure that the court reaches a decision promptly.
       ``(2) A ruling of the court of appeals under this 
     subsection is confidential and privileged and is not subject 
     to disclosure, discovery, subpoena, or other legal process. 
     The ruling may not be released to any person but the pregnant 
     minor, the pregnant minor's guardian ad litem, the pregnant 
     minor's attorney, another person designated to receive the 
     ruling by the minor, or a governmental agency or attorney in 
     a criminal or administrative action seeking to assert or 
     protect the interest of the minor.
       ``(3) A filing fee is not required of and court costs may 
     not be assessed against a minor filing an appeal under this 
     subsection.
       ``(f) Definitions.--In this section:
       ``(1) The term `abortion' means the use of any means at a 
     medical facility of the Department of Defense to terminate 
     the pregnancy of a female known by an attending physician to 
     be pregnant, with the intention that the termination of the 
     pregnancy by those means will with reasonable likelihood 
     cause the death of the fetus. The term applies only to an 
     unemancipated minor known by an attending physician to be 
     pregnant and may not be construed to limit a minor's access 
     to contraceptives.
       ``(2) The term `appropriate district court of the United 
     States' means--
       ``(A) with respect to a proposed abortion at a particular 
     Department of Defense medical facility in the United States 
     or its territories, the district court of the United States 
     having proper venue in relation to that facility; or
       ``(B) if the minor is seeking an abortion at a particular 
     Department of Defense facility outside the United States or 
     its territories--
       ``(i) if the minor elects to travel to the United States in 
     pursuit of an order authorizing the abortion, the district 
     court of the United States having proper venue in the 
     district in which the minor first arrives from outside the 
     United States; or
       ``(ii) if the minor elects not to travel to the United 
     States in pursuit of an order authorizing the abortion, the 
     district court of the United States for the district in which 
     the minor last resided.
       ``(3) The term `fetus' means an individual human organism 
     from fertilization until birth.
       ``(4) The term `guardian' means a court-appointed guardian 
     of the person of the minor.
       ``(5) The term `physician' means an individual licensed to 
     practice medicine.
                                 ______
                                 
  SA 3407. Mr. FRIST (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       Section 1093(b) of title 10, United States Code, is amended 
     by inserting before the period at the end the following: ``, 
     but only if the identity of the perpetrator of such act of 
     incest is provided to a designated officer, at the time the 
     abortion is sought, for transmission to the appropriate 
     military or civilian law enforcement authorities, or, in the 
     case of rape, only if the identity of the perpetrator of that 
     act of rape, if known to the victim, is provided to a 
     designated officer, at the time the abortion is sought, for 
     transmission to the appropriate military or civilian law 
     enforcement authorities''.
                                 ______
                                 
  SA 3408. Mr. DASCHLE 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. ASSURANCE OF ADEQUATE FUNDING FOR VETERANS HEALTH 
                   CARE.

       (a) In General.--Chapter 3 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 320. Assured funding for veterans health care

       ``(a) For each fiscal year, there is authorized to be 
     appropriated to the Secretary of Veterans Affairs an amount 
     determined under subsection (b) with respect to that fiscal 
     year. Each such amount is authorized to remain available, 
     without fiscal year limitation, for the programs, functions, 
     and activities of the Veterans Health Administration, as 
     specified in subsection (c).
       ``(b)(1) The authorized amount applicable to fiscal year 
     2005 under this subsection is the amount equal to 130 percent 
     of the amount obligated by the Department during fiscal year 
     2003 for the purposes specified in subsection (c).
       ``(2) The authorized amount applicable to any fiscal year 
     after fiscal year 2005 under this subsection is the amount 
     equal to the product of the following:
       ``(A) The sum of--
       ``(i) the number of veterans enrolled in the Department 
     health care system under section 1705 of this title as of 
     July 1 preceding the beginning of such fiscal year; and
       ``(ii) the number of persons eligible for health care under 
     chapter 17 of this title who are not covered by clause (i) 
     and who were provided hospital care or medical services under 
     such chapter at any time during the fiscal year preceding 
     such fiscal year.
       ``(B) The per capita baseline amount, as increased from 
     time to time pursuant to paragraph (3)(B).
       ``(3)(A) For purposes of paragraph (2)(B), the term `per 
     capita baseline amount' means the amount equal to--
       ``(i) the amount specified in paragraph (1), divided by
       ``(ii) the number of veterans enrolled in the Department 
     health care system under section 1705 of this title as of 
     September 30, 2003.
       ``(B) With respect to any fiscal year, there shall be a 
     percentage increase (rounded to the nearest dollar) in the 
     per capita baseline amount equal to the percentage by which--
       ``(i) the Consumer Price Index (all Urban Consumers, United 
     States City Average, Hospital and related services, 
     Seasonally Adjusted), published by the Bureau of Labor 
     Statistics of the Department of Labor for the 12-month period 
     ending on the June 30 preceding the beginning of the fiscal 
     year for which the increase is made, exceeds
       ``(ii) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in clause (i).
       ``(c)(1) Except as provided in paragraph (2), the purposes 
     for which amounts are authorized pursuant to subsection (a) 
     shall be all programs, functions, and activities of the 
     Veterans Health Administration.
       ``(2) Amounts authorized pursuant to subsection (a) are not 
     available for--
       ``(A) construction, acquisition, or alteration of medical 
     facilities as provided in subchapter I of chapter 81 of this 
     title (other than for such repairs as were provided for 
     before the date of the enactment of this section through the 
     Medical Care appropriation for the Department); or
       ``(B) grants under subchapter III of chapter 81 of this 
     title.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``320. Assured funding for veterans health care.''.

       ``(b) For each fiscal year, the amount determined under 
     subsection (b) with respect to that fiscal year shall be made 
     available to the Secretary of Veterans Affairs subject to 
     appropriations. The amount appropriated shall be mandatory 
     spending.''.

[[Page 11676]]


                                 ______
                                 
  SA 3409. Mr. DASCHLE submitted an amendment intended to be proposed 
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. FUNDING FOR VETERANS HEALTH CARE TO ADDRESS 
                   CHANGES IN POPULATION AND INFLATION.

       (a) In General.--Chapter 3 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 320. Funding for veterans health care to address 
       changes in population and inflation

       ``(a) For each fiscal year, the Secretary of the Treasury 
     shall make available to the Secretary of Veterans Affairs the 
     amount determined under subsection (b) with respect to that 
     fiscal year. Each such amount is available, without fiscal 
     year limitation, for the programs, functions, and activities 
     of the Veterans Health Administration, as specified in 
     subsection (c).
       ``(b)(1) The amount applicable to fiscal year 2005 under 
     this subsection is the amount equal to--
       ``(A) 130 percent of the amount obligated by the Department 
     during fiscal year 2003 for the purposes specified in 
     subsection (c), minus
       ``(B) the amount appropriated for those purposes for fiscal 
     year 2004.
       ``(2) The amount applicable to any fiscal year after fiscal 
     year 2005 under this subsection is the amount equal to the 
     product of the following, minus the amount appropriated for 
     the purposes specified for subsection (c) for fiscal year 
     2004:
       ``(A) The sum of--
       ``(i) the number of veterans enrolled in the Department 
     health care system under section 1705 of this title as of 
     July 1 preceding the beginning of such fiscal year; and
       ``(ii) the number of persons eligible for health care under 
     chapter 17 of this title who are not covered by clause (i) 
     and who were provided hospital care or medical services under 
     such chapter at any time during the fiscal year preceding 
     such fiscal year.
       ``(B) The per capita baseline amount, as increased from 
     time to time pursuant to paragraph (3)(B).
       ``(3)(A) For purposes of paragraph (12)(B), the term `per 
     capita baseline amount' means the amount equal to--
       ``(i) the amount obligated by the Department during fiscal 
     year 2004 for the purposes specified in subsection (c), 
     divided by
       ``(ii) the number of veterans enrolled in the Department 
     health care system under section 1705 of this title as of 
     September 30, 2003.
       ``(B) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the per capita baseline amount equal to the percentage by 
     which--
       ``(i) the Consumer Price Index (all Urban Consumers, United 
     States City Average, Hospital and related services, 
     Seasonally Adjusted), published by the Bureau of Labor 
     Statistics of the Department of Labor for the 12-month period 
     ending on the June 30 preceding the beginning of the fiscal 
     year for which the increase is made, exceeds
       ``(ii) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in clause (i).
       ``(c)(1) Except as provided in paragraph (2), the purposes 
     for which amounts made available pursuant to subsection (a) 
     shall be all programs, functions, and activities of the 
     Veterans Health Administration.
       ``(2) Amounts made available pursuant to subsection (a) are 
     not available for--
       ``(A) construction, acquisition, or alteration of medical 
     facilities as provided in subchapter I of chapter 81 of this 
     title (other than for such repairs as were provided for 
     before the date of the enactment of this section through the 
     Medical Care appropriation for the Department); or
       ``(B) grants under subchapter III of chapter 81 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``320. Funding for veterans health care to address changes in 
              population and inflation.''.
                                 ______
                                 
  SA 3410. Mr. CORZINE submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 2. DEMONSTRATION PROGRAM FOR MILITARY INSTALLATIONS IN 
                   NEW JERSEY.

       (a) Requirement for Program.--The Secretary of Defense 
     shall carry out a demonstration program in the State of New 
     Jersey, and in one or more additional States or regions 
     selected by the Secretary, to develop and test policies, 
     procedures, and practices that improve the level of security, 
     reliability, quality, and economic efficiency of defense 
     contractors and subcontractors used for construction, 
     renovation, maintenance, and repair services on military 
     installations.
       (b) Program Goals and Requirements.--The goals of the 
     demonstration program under subsection (a) are to identify, 
     develop, and implement strategies that--
       (1) minimize risks to national security caused by failures 
     to conduct full background checks on contractor personnel 
     working on military installations;
       (2) ensure that all necessary and reasonable precautions 
     are taken by the Department of Defense and its contractors 
     and subcontractors to conduct effective background checks and 
     follow other appropriate security clearance procedures 
     regarding contractor personnel (including management 
     employees, professionals, craft labor personnel, and 
     administrative personnel) to avoid the employment of persons 
     who may pose a risk to military installations or otherwise 
     present a threat to national security; and
       (3) promote increased contracting opportunities for 
     contractors and subcontractors offering effective, reliable 
     staffing plans to perform Department of Defense contracts 
     that ensure all contractor personnel employed for such 
     projects (including management employees, professional 
     employees, craft labor personnel, and administrative 
     personnel) undergo effective background checks, are subjected 
     to other appropriate security clearance procedures, and are 
     properly qualified to perform services required under the 
     contract.
       (c) Requirements for Security Procedures.--In developing 
     and carrying out the demonstration program under subsection 
     (a), the Secretary of Defense shall--
       (1) review existing policies, procedures, and practices 
     pertaining to security clearances required for access to 
     military installations, including national agency checks, 
     background investigations and other security clearance 
     procedures;
       (2) identify potential weaknesses and areas for improvement 
     in existing security policies, procedures, and practices;
       (3) develop and implement reforms to strengthen, upgrade, 
     and improve security clearance policies, procedures, and 
     practices of the Department of Defense and its contractors 
     and subcontractors;
       (4) utilize the social security number verification service 
     of the Social Security Administration to review social 
     security numbers of contractor and subcontractor personnel 
     employed on military installations and to detect the use of 
     false or fraudulent identification documents used by contract 
     employees;
       (5) cooperate with appropriate Federal, State and local 
     agencies and authorities, including the Secretary of Homeland 
     Security, the United States Attorney for New Jersey, the New 
     Jersey Motor Vehicles Commission, and the New Jersey State 
     Police, as well as local communities, to detect and prosecute 
     the use of false or fraudulent identification documents by 
     contractor personnel employed on military installations;
       (6) provide for the imposition of available sanctions 
     (including criminal prosecution, civil penalties, and 
     debarment) against any contractor who willfully or recklessly 
     fails to conduct full background checks regarding contractor 
     personnel who work at military installations; and
       (7) provide for a review and analysis of reforms developed 
     pursuant to this subsection in order to identify for purposes 
     of national implementation those reforms that are most 
     efficient and effective.
       (d) Requirements for Contracting and Procurement 
     Procedures.--In developing and carrying out the demonstration 
     program, the Secretary of Defense shall--
       (1) review existing policies, procedures, and practices 
     pertaining to the manner in which it procures and contracts 
     for construction, renovation, maintenance, and repair 
     services for military installations;
       (2) provide for expansion, to the maximum extent 
     practicable, of the use by the Department of Defense of 
     contracting by competitive proposals, regulated under part 15 
     of the Federal Acquisition Regulation, for construction, 
     renovation, maintenance, and repair services for military 
     installations;
       (3) identify, develop, and implement reforms in the 
     competitive proposal contracting process of the Department of 
     Defense to improve the level of security, reliability, and 
     economic efficiency of contractors and subcontractors used 
     for construction, renovation, maintenance, and repair 
     services on military installations, including--
       (A) providing in contract solicitations and requests for 
     proposal documents for significant weight or credit to be 
     allocated to reliable, effective workforce security programs

[[Page 11677]]

     that are offered by prospective contractors and 
     subcontractors, provide security clearance procedures, 
     background checks, and other measures for contractor 
     employees beyond the minimum security requirements imposed by 
     the Secretary of Defense, and promote security on military 
     installations; and
       (B) providing in contract solicitations and requests for 
     proposal documents for significant weight or credit to be 
     allocated to reliable, effective project staffing plans that 
     are offered by prospective contractors and subcontractors, 
     specify for all contractor employees (including management 
     employees, professionals, and craft labor personnel) the 
     skills, training, and qualifications of such persons and the 
     labor supply sources and hiring plans or procedures used for 
     employing such personnel; and
       (4) provide for a review and analysis of reforms developed 
     pursuant to this subsection in order to identify for purposes 
     of national implementation those reforms that are most 
     efficient and effective.
       (e) Implementation.--The Secretary of Defense shall 
     commence the demonstration program under this section not 
     later than 90 days after the date of the enactment of this 
     Act.
       (f) Reporting Requirements.--For the monitoring and 
     evaluation of the progress of the demonstration program 
     required under this section, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives--
       (1) not later than 90 days after the commencement of the 
     demonstration program, an initial report setting forth the 
     reforms instituted and other progress made in the 
     implementation of the demonstration program;
       (2) semiannual reports setting forth in detail the reforms 
     instituted and other progress made in the implementation of 
     the program; and
       (3) not later than 2 years after the commencement of the 
     demonstration program, a final report setting forth a review 
     of the demonstration program together with recommendations 
     regarding nationwide implementation of the program.
       (g) Definition.--In this section, the term ``military 
     installation'' means a base, camp, post, station, yard, 
     center, homeport facility for any ship, or other activity 
     under the jurisdiction of the Department of Defense, 
     including any leased facility, which is located within any of 
     the several States, the District of Columbia, the 
     Commonwealth of Puerto Rico, American Samoa, the Virgin 
     Islands, or Guam. Such term does not include any facility 
     used primarily for civil works, rivers and harbors projects, 
     or flood control projects.
                                 ______
                                 
  SA 3411. Mr. LEAHY 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. __. DATA-MINING REPORTING ACT OF 2003.

       (a) Short Title.--This section may be cited as the ``Data-
     Mining Reporting Act of 2003''.
       (b) Definitions.--In this section:
       (1) Data-mining.--The term ``data-mining'' means a query or 
     search or other analysis of 1 or more electronic databases, 
     where--
       (A) at least 1 of the databases was obtained from or 
     remains under the control of a non-Federal entity, or the 
     information was acquired initially by another department or 
     agency of the Federal Government for purposes other than 
     intelligence or law enforcement;
       (B) the search does not use a specific individual's 
     personal identifies to acquire information concerning that 
     individual; and
       (C) a department or agency of the Federal Government is 
     conducting the query or search or other analysis to find a 
     pattern indicating terrorist or other criminal activity.
       (2) Database.--The term ``database'' does not include 
     telephone directories, information publicly available via the 
     Internet or available by any other means to any member of the 
     public without payment of a fee, or databases of judicial and 
     administrative opinions.
       (c) Reports on Data-Mining Activities.--
       (1) Requirement for report.--The head of each department or 
     agency of the Federal Government that is engaged in any 
     activity to use or develop data-mining technology shall each 
     submit a public report to Congress on all such activities of 
     the department or agency under the jurisdiction of that 
     official.
       (2) Content of report.--A report submitted under paragraph 
     (1) shall include, for each activity to use or develop data-
     mining technology that is required to be covered by the 
     report, the following information:
       (A) A thorough description of the data-mining technology 
     and the data that will be used.
       (B) A thorough discussion of the plans for the use of such 
     technology and the target dates for the deployment of the 
     data-mining technology.
       (C) An assessment of the likely efficacy of the data-mining 
     technology in providing accurate and valuable information 
     consistent with the stated plans for the use of the 
     technology.
       (D) An assessment of the likely impact of the 
     implementation of the data-mining technology on privacy and 
     civil liberties.
       (E) A list and analysis of the laws and regulations that 
     govern the information to be collected, reviewed, gathered, 
     and analyzed with the data-mining technology and a 
     description of any modifications of such laws that will be 
     required to use the information in the manner proposed under 
     such program.
       (F) A thorough discussion of the policies, procedures, and 
     guidelines that are to be developed and applied in the use of 
     such technology for data-mining in order to--
       (i) protect the privacy and due process rights of 
     individuals; and
       (ii) ensure that only accurate information is collected and 
     used.
       (G) A thorough discussion of the procedures allowing 
     individuals whose personal information will be used in the 
     data-mining technology to be informed of the use of their 
     personal information and what procedures are in place to 
     allow for individuals to opt out of the technology. If no 
     such procedures are in place, a thorough explanation as to 
     why not.
       (H) Any necessary classified information in an annex that 
     shall be available to the Committee on Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on 
     Appropriations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Appropriations of the House of Representatives.
       (3) Time for report.--Each report required under paragraph 
     (1) shall be--
       (A) submitted not later than 90 days after the date of the 
     enactment of this Act; and
       (B) updated once a year and include any new data-mining 
     technologies.
                                 ______
                                 
  SA 3412. Mr. KENNEDY 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 in title VI, insert the following:

     SEC. __. CLARIFICATION OF AVAILABILITY OF PRIVATE RIGHT OF 
                   ACTION FOR STATE VIOLATIONS OF UNIFORMED 
                   SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT 
                   OF 1994.

       (a) Findings.--Congress makes the following findings:
       (1) The Federal Government has an important interest in 
     attracting and training a military to provide for the 
     National defense. The Constitution grants Congress the power 
     to raise and support an army for purposes of the common 
     defense. The Nation's military readiness requires that all 
     members of the Armed Forces, including those employed in 
     State programs and activities, be able to serve without 
     jeopardizing their civilian employment opportunities.
       (2) The Uniformed Services Employment and Reemployment 
     Rights Act of 1994, commonly referred to as ``USERRA'' and 
     codified as chapter 43 of title 38, United States Code, is 
     intended to safeguard the reemployment rights of members of 
     the uniformed services (as that term is defined in section 
     4303(16) of title 38, United States Code) and to prevent 
     discrimination against any person who is a member of, applies 
     to be a member of, performs, has performed, applies to 
     perform, or has an obligation to perform service in a 
     uniformed service. Effective enforcement of the Act depends 
     on the ability of private individuals to enforce its 
     provisions in court.
       (3) In Seminole Tribe of Florida v. Florida, 517 U.S. 44 
     (1996), the Supreme Court held that congressional legislation 
     enacted pursuant to the commerce clause of Article I, section 
     8, of the Constitution cannot abrogate the immunity of States 
     under the 11th amendment to the Constitution. In addition, in 
     Alden v. Maine 527 U.S. 706, 712 (1999), the Supreme Court 
     held that this immunity also prohibits the Federal Government 
     from subjecting ``non-consenting states to private suits for 
     damages in state courts.'' Some courts have cited the 
     sovereign immunity prinicples of Alden and Seminole Tribe to 
     prohibit state employees from maintaining a private suit to 
     enforce their USERRA rights. As a result, although USERRA 
     specifically provides that a person may commence an action 
     for relief against a State for its violation of that Act, 
     persons harmed by State violations of that Act lack important 
     remedies to vindicate the rights and benefits that are 
     available to all other persons covered by that Act. Unless a 
     State chooses to waive sovereign immunity, or the Attorney 
     General brings an action on their behalf, persons affected by 
     State violations of USERRA

[[Page 11678]]

     may have no adequate Federal remedy for such violations.
       (4) A failure to provide a private right of action by 
     persons affected by State violations of USERRA would leave 
     vindication of their rights and benefits under that Act 
     solely to Federal agencies, which may fail to take necessary 
     and appropriate action because of administrative overburden 
     or other reasons. Action by Congress to specify such a 
     private right of action ensures that persons affected by 
     State violations of USERRA have a remedy if they are denied 
     their rights and benefits under that Act.
       (b) Clarification of Right of Action Under USERRA.--Section 
     4323 of title 38, United States Code, is amended--
       (1) in subsection (b), by striking paragraph (2) and 
     inserting the following new paragraph (2):
       ``(2) In the case of an action against a State (as an 
     employer) by a person, the action may be brought in a 
     district court of the United States or State court of 
     competent jurisdiction.'';
       (2) by redesignating subsection (j) as subsection (k); and
       (3) by inserting after subsection (i) the following new 
     subsection (j):
       ``(j)(1)(A) A State's receipt or use of Federal financial 
     assistance for any program or activity of a State shall 
     constitute a waiver of sovereign immunity, under the 11th 
     amendment to the Constitution or otherwise, to a suit brought 
     by an employee of that program or activity under this chapter 
     for the rights or benefits authorized the employee by this 
     chapter.
       ``(B) In this paragraph, the term `program or activity' has 
     the meaning given the term in section 309 of the Age 
     Discrimination Act of 1975 (42 U.S.C. 6107).
       ``(2) An official of a State may be sued in the official 
     capacity of the official by any person covered by paragraph 
     (1) who seeks injunctive relief against a State (as an 
     employer) under subsection (e). In such a suit the court may 
     award to the prevailing party those costs authorized by 
     section 722 of the Revised Statutes (42 U.S.C. 1988).''.
                                 ______
                                 
  SA 3413. Mr. AKAKA 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 281, line 10, strike ``and technology skills'' and 
     insert ``, technology skills, foreign language skills, and''.
       On page 285, line 1, insert ``, the Committee on 
     Governmental Affairs of the Senate, and the Committee on 
     Government Reform of the House of Representatives'' after 
     ``Representatives''.
       On page 285, between lines 9 and 10, insert the following:
       (g) Critical Hiring Need.--Section 3304(a)(3) of title 5, 
     United States Code, is amended by striking subparagraph (B) 
     and inserting the following:
       ``(B)(i) the Office of Personnel Management has determined 
     that there exists a severe shortage of candidates or there is 
     a critical hiring need; or
       ``(ii) the candidate is a participant in the Science, 
     Mathematics, and Research for Transformation (SMART) Defense 
     Scholarship Pilot Program under section 1101 of the National 
     Defense Authorization Act for Fiscal Year 2005.''.
       On page 285, line 9, strike ``(g)'' and insert ``(h)''.
                                 ______
                                 
  SA 3414. Mr. AKAKA 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 title XI, insert the following:

     SEC. 1107. FELLOWSHIPS FOR STUDENTS TO ENTER FEDERAL SERVICE.

       (a) In General.--The David L. Boren National Security 
     Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by 
     inserting after section 802 the following:

     ``SEC. 802A. FELLOWSHIPS FOR STUDENTS TO ENTER FEDERAL 
                   SERVICE.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means the Department of 
     Defense.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given to 
     such term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       ``(3) National security position.--The term `national 
     security position' means an employment position determined by 
     the Board, in consultation with an agency, for the purposes 
     of a program established under this section, to involve 
     important homeland security or national applications.
       ``(b) In General.--The Board shall establish and implement 
     a program for the awarding of fellowships (to be known as 
     `National Security Fellowships') to undergraduate and 
     graduate students who, in exchange for receipt of the 
     fellowship, agree to employment with the Federal Government 
     in a national security position. The Board may provide for 
     the program to apply to, and be administered with respect to, 
     1 or more organizational units of an agency.
       ``(c) Eligibility.--To be eligible to participate in the 
     program established under subsection (b), a student shall--
       ``(1) have been accepted into a undergraduate or graduate 
     school program at an accredited institution of higher 
     education within the United States and be pursuing or intend 
     to pursue undergraduate or graduate education in the United 
     States in the discipline of foreign languages that are 
     critical areas of national security (as determined by the 
     Board);
       ``(2) be a United States citizen, United States national, 
     permanent legal resident, or citizen of the Freely Associated 
     States; and
       ``(3) agree to employment with an agency or office of the 
     Federal Government in a national security position.
       ``(d) Service Agreement.--In awarding a fellowship under 
     the program under this section, the Board shall require the 
     recipient to enter into an agreement under which, in exchange 
     for such assistance, the recipient--
       ``(1) will maintain satisfactory academic progress (as 
     determined in accordance with regulations issued by the 
     Board) and provide regularly scheduled updates to the Board 
     on the progress of their education and how their employment 
     continues to relate to a national security objective of the 
     Federal Government;
       ``(2) will, upon completion of such education, be employed 
     by the agency for which the fellowship was awarded for a 
     period of at least 3 years as specified by the Board; and
       ``(3) agrees that if the recipient is unable to meet either 
     of the requirements described in paragraph (1) or (2), the 
     recipient will reimburse the United States for the amount of 
     the assistance provided to the recipient under the 
     fellowship, together with interest at a rate determined in 
     accordance with regulations issued by the Board, but not 
     higher than the rate generally applied in connection with 
     other Federal education loans.
       ``(e) Federal Employment Eligibility.--If a recipient of a 
     fellowship under this section demonstrates to the 
     satisfaction of the Board that, after completing their 
     education, the recipient is unable to obtain a national 
     security position in the Federal Government because such 
     recipient is not eligible for a security clearance or other 
     applicable clearance necessary for such position, the Board 
     may permit the recipient to fulfill the service obligation 
     under the agreement under subsection (d) by working in a non-
     national security position in the agency, for a period of not 
     less than 3 years, in the area of study for which the 
     fellowship was awarded.
       ``(f) Fellowship Selection.--
       ``(1) In general.--The Board shall consult with agencies in 
     the selection and placement of national security fellows 
     under this section.
       ``(2) Functions.--The Board shall carry out the following 
     functions:
       ``(A) Develop criteria for awarding fellowships under this 
     section.
       ``(B) Provide for the wide dissemination of information 
     regarding the activities assisted under this section.
       ``(C) Establish qualifications for students desiring 
     fellowships under this section, including a requirement that 
     the student have a demonstrated commitment to the study of 
     the discipline for which the fellowship is to be awarded.
       ``(D) Provide for the establishment and semiannual update 
     of a list of fellowship recipients, including an 
     identification of their skills, who are available to work in 
     a national security position.
       ``(E) Not later than 30 days after a fellowship recipient 
     completes the study or education for which assistance was 
     provided under this section, work in conjunction with 
     agencies to make reasonable efforts to hire and place the 
     fellow in an appropriate national security position.
       ``(F) Review the administration of the program established 
     under this section.
       ``(G) Develop and provide to Congress a strategic plan that 
     identifies the skills needed by the Federal national security 
     workforce and how the provisions of this Act, and related 
     laws, regulations, and policies will be used to address such 
     needs.
       ``(g) Special Consideration for Current Federal 
     Employees.--
       ``(1) Set aside of fellowships.--Twenty percent of the 
     fellowships awarded under this section shall be set aside for 
     Federal employees who are working in national security 
     positions on the date of enactment of this section to enhance 
     the education and training of such employees in areas 
     important to national security.
       ``(2) Full- or part-time education.--Federal employees who 
     are awarded fellowships under paragraph (1) shall be 
     permitted to obtain advanced education under the fellowship 
     on a full-time or part-time basis.

[[Page 11679]]

       ``(3) Part-time education.--A Federal employee who pursues 
     education or training under a fellowship under paragraph (1) 
     on a part-time basis shall be eligible for a stipend in an 
     amount which, when added to the employee's part-time 
     compensation, does not exceed the amount described in 
     subsection (i)(2).
       ``(h) Amount of Award.--A National Security Fellow who 
     complies with the requirements of this section may receive 
     funding under the fellowship for up to 3 years at an amount 
     determined appropriate by the Board, but not to exceed the 
     sum of--
       ``(1) the amount of tuition paid by the fellow; and
       ``(2) a stipend in an amount equal to the maximum stipend 
     available to recipients of fellowships under section 10 of 
     the National Science Foundation Act of 1950 (42 U.S.C. 1869) 
     for the year involved.
       ``(i) Consultation With Chief Human Capital Officers.--The 
     Board shall consult with the chief human capital officers of 
     participating agencies in carrying out this section.
       ``(j) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to authorize the Board to determine national security 
     positions for any other purpose other than to make such 
     determinations as are required by this section in order to 
     carry out the purposes of this section; and
       ``(2) as a basis for determining the exemption of any 
     position from inclusion in a bargaining unit under chapter 71 
     of title 5, United States Code, or from the right of any 
     incumbent of a national security position determined by the 
     Board under this section, from entitlement to all rights and 
     benefits under such chapter.
       ``(k) Authorization of Appropriations.--For the purpose of 
     enabling the Board to provide for the recruitment and 
     retention of highly qualified employees in national security 
     positions, there are authorized to be appropriated 
     $10,000,000 for fiscal year 2005, and such sums as may be 
     necessary for each fiscal year thereafter.''.
       (b) Technical and Conforming Amendments.--The David L. 
     Boren National Security Education Act of 1991 (50 U.S.C. 1901 
     et seq.) is amended--
       (1) in section 803(b)--
       (A) by redesignating paragraphs (5) through (7) as 
     paragraphs (7) through (9), respectively; and
       (B) by inserting after paragraph (4) the following:
       ``(5) The Secretary of Homeland Security.
       ``(6) The Attorney General of the United States.'';
       (2) in section 803(c), by striking ``subsection (b)(6)'' 
     and inserting ``subsection (b)(8)'';
       (3) in section 804(b)(1), by inserting ``, including 
     section 802a'' before the semicolon;
       (4) by inserting after section 807, the following:

     ``SEC. 807A. NONAPPLICATION OF PROVISIONS TO CERTAIN STUDENT 
                   FELLOWSHIPS AND THE NATIONAL SECURITY SERVICE 
                   CORPS.

       ``Sections 805, 806, and 807 shall not apply with respect 
     to section 802a.''; and
       (5) in section 808(4), by striking ``The term'' and 
     inserting ``Except as provided under section 802a, the 
     term''.
       (c) Critical Hiring Need.--Section 3304(a)(3) of title 5, 
     United States Code, is amended by striking subparagraph (B) 
     and inserting the following:
       ``(B)(i) the Office of Personnel Management has determined 
     that there exists a severe shortage of candidates or there is 
     a critical hiring need; or
       ``(ii) the candidate is a participant in the national 
     security fellowship program under section 802a of the David 
     L. Boren National Security Education Act of 1991.''.
                                 ______
                                 
  SA 3415. Mr. AKAKA 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 281, line 10, strike ``and technology skills'' and 
     insert ``, technology skills, foreign language skills, and''.
       On page 285, line 1, insert ``, the Committee on 
     Governmental Affairs of the Senate, and the Committee on 
     Government Reform of the House of Representatives'' after 
     ``Representatives''.
       On page 285, between lines 9 and 10, insert the following:
       (g) Critical Hiring Need.--Section 3304(a)(3) of title 5, 
     United States Code, is amended by striking subparagraph (B) 
     and inserting the following:
       ``(B)(i) the Office of Personnel Management has determined 
     that there exists a severe shortage of candidates or there is 
     a critical hiring need; or
       ``(ii) the candidate is a participant in the Science, 
     Mathematics, and Research for Transformation (SMART) Defense 
     Scholarship Pilot Program under section 1101 of the National 
     Defense Authorization Act for Fiscal Year 2005.''.
       On page 285, line 9, strike ``(g)'' and insert ``(h)''.
                                 ______
                                 
  SA 3416. Mr. REID (for himself and Mr. Lieberman) 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 2826 and insert the following:

     SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL 
                   COMPLEX, DISTRICT OF COLUMBIA.

       (a) Transfer Required.--The Secretary of the Navy shall 
     transfer to the jurisdiction, custody, and control of the 
     Administrator of General Services the parcel of Department of 
     the Navy real property in the District of Columbia known as 
     the Nebraska Avenue Complex for the purpose of permitting the 
     Administrator to use the Complex to accommodate the 
     Department of Homeland Security. The Complex shall be 
     transferred in its existing condition.
       (b) Authority To Retain Military Family Housing.--The 
     Secretary of the Navy may retain jurisdiction, custody, and 
     control over the portion of the Complex that the Secretary 
     considers to be necessary for continued use as Navy family 
     housing.
       (c) Time for Transfer.--The transfer of jurisdiction, 
     custody, and control over the Complex to the Administrator 
     under subsection (a) shall be completed not later than 
     January 1, 2005.
       (d) Relocation of Navy Activities.--As part of the transfer 
     of the Complex under this section, the Secretary of the Navy 
     shall relocate Department of the Navy activities at the 
     Complex to other locations.
       (e) Payment of Relocation Costs.--Subject to the 
     availability of appropriations for this purpose--
       (1) the Secretary of Homeland Security shall be responsible 
     for the payment of all reasonable costs related to the 
     initial relocation of Department of the Navy activities from 
     the Complex, including costs to move furnishings and 
     equipment, and all reasonable costs incidental to initial 
     occupancy of interim leased space (including rent for the 
     first year); and
       (2) the Administrator of General Services shall pay any 
     reasonable costs for interim leasing of space beyond the 
     first year until Department of the Navy activities have 
     occupied new permanent Department of Defense-controlled 
     space, and any additional reasonable costs not paid under 
     subsection (e)(1) that are incurred, or will be incurred, by 
     the Secretary of the Navy to permanently relocate Department 
     of the Navy activities from the Complex under subsection (d).
       (f) Submission of Cost Estimates.--As soon as practicable 
     after the date of the enactment of this Act, but not later 
     than January 1, 2005, the Secretary of the Navy shall submit 
     to the congressional defense committees an initial estimate 
     of the amounts that will be necessary to cover the costs to 
     permanently relocate Department of the Navy activities from 
     the Complex. The Secretary shall include in the estimate 
     anticipated land acquisition and facility construction costs. 
     The Secretary shall revise the estimate as necessary whenever 
     information regarding the actual costs for the relocation is 
     obtained.
       (g) Certification of Relocation Costs.--At the end of the 
     five-year period beginning on the date of the transfer of the 
     Complex under subsection (a), the Secretary of the Navy shall 
     submit to Congress written notice--
       (1) specifying the total amount expended under subsection 
     (e) to cover the costs of relocating Department of the Navy 
     activities from the Complex;
       (2) specifying the total amount expended to acquire 
     permanent facilities for Department of the Navy activities 
     relocated from the Complex; and
       (3) certifying whether the amounts paid are sufficient to 
     complete all relocation actions.
       (h) Participation of Office of Management and Budget.--The 
     Secretary of the Navy shall obtain the assistance and 
     concurrence of the Director of the Office of Management and 
     Budget in determining the total amount required to cover both 
     the initial and the permanent costs of relocating Department 
     of the Navy activities from the Complex under this section.
                                 ______
                                 
  SA 3417. Mr. SCHUMER 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

[[Page 11680]]

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. SENSE OF THE SENATE CONCERNING OIL MARKETS.

       (a) Findings.--Congress finds that--
       (1) the prices of gasoline and crude oil have a direct and 
     substantial impact on the financial well-being of American 
     families, the potential for national economic recovery, and 
     the economic security of the United States;
       (2) on Friday, May 7, 2004, crude oil prices reached a 13-
     year high of $40 per barrel, the weighted national average 
     retail price of gasoline was $1.96 per gallon, and the 
     average retail price of gasoline has broken all-time record 
     highs for 2 consecutive months;
       (3) despite the fact that crude oil prices were already 
     approaching record highs, the Organization of Petroleum 
     Exporting Countries (OPEC) announced on April 1, 2004, its 
     commitment to reduce oil production by 1,000,000 barrels per 
     day;
       (4) the Strategic Petroleum Reserve (SPR) was created to 
     enhance the physical and economic security of the United 
     States, and the law allows the SPR to be used to provide 
     relief when oil and gasoline supply shortages cause economic 
     hardship;
       (5) the proper management of the resources of the SPR could 
     provide gasoline price relief to American families and 
     provide the United States with a tool to counterbalance OPEC 
     supply management policies;
       (6) it has been reported that the Administration's current 
     policy of filling the SPR at a rate of hundreds of thousands 
     of barrels per day, despite the fact that the SPR is more 
     than 94 percent full, has contributed to record high gasoline 
     contract prices on the New York Mercantile Exchange;
       (7) in order to combat high gasoline prices during the 
     summer and fall of 2000, President Clinton released 
     30,000,000 barrels of oil from the SPR, stabilizing the 
     retail price of gasoline;
       (8) the Administration has failed to manage the SPR in a 
     manner that would provide gasoline price relief to working 
     families; and
       (9) the Administration has failed to adequately demand that 
     OPEC immediately increase oil production in order to lower 
     crude oil prices and safeguard the world economy.
       (b) Sense of the Senate Concerning Oil Markets.--It is the 
     sense of the Senate that--
       (1) the President should directly confront OPEC and 
     challenge OPEC to immediately increase oil production;
       (2) the President should direct the Federal Trade 
     Commission and Attorney General to exercise vigorous 
     oversight over the oil markets to protect the American people 
     from price gouging and unfair practices at the gasoline pump; 
     and
       (3) to lower the burden of gasoline prices on the American 
     economy and to circumvent OPEC's efforts to reap windfall 
     crude oil profits, the President should suspend deliveries of 
     oil to the SPR and release 1,000,000 barrels of oil per day 
     from the SPR for 30 days following the date of adoption of 
     this resolution, and if necessary, for an additional 30 days 
     beyond that.
                                 ______
                                 
  SA 3418. Mr. SCHUMER 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. SENSE OF THE SENATE CONCERNING OIL MARKETS.

       (a) Findings.--Congress finds that--
       (1) the prices of gasoline and crude oil have a direct and 
     substantial impact on the financial well-being of American 
     families, the potential for national economic recovery, and 
     the economic security of the United States;
       (2) on Friday, May 7, 2004, crude oil prices reached a 13-
     year high of $40 per barrel, the weighted national average 
     retail price of gasoline was $1.96 per gallon, and the 
     average retail price of gasoline has broken all-time record 
     highs for 2 consecutive months;
       (3) despite the fact that crude oil prices were already 
     approaching record highs, the Organization of Petroleum 
     Exporting Countries (OPEC) announced on April 1, 2004, its 
     commitment to reduce oil production by 1,000,000 barrels per 
     day;
       (4) the Strategic Petroleum Reserve (SPR) was created to 
     enhance the physical and economic security of the United 
     States, and the law allows the SPR to be used to provide 
     relief when oil and gasoline supply shortages cause economic 
     hardship;
       (5) the proper management of the resources of the SPR could 
     provide gasoline price relief to American families and 
     provide the United States with a tool to counterbalance OPEC 
     supply management policies;
       (6) it has been reported that the Administration's current 
     policy of filling the SPR at a rate of hundreds of thousands 
     of barrels per day, despite the fact that the SPR is more 
     than 94 percent full, has contributed to record high gasoline 
     contract prices on the New York Mercantile Exchange;
       (7) in order to combat high gasoline prices during the 
     summer and fall of 2000, President Clinton released 
     30,000,000 barrels of oil from the SPR, stabilizing the 
     retail price of gasoline;
       (8) the Administration has failed to manage the SPR in a 
     manner that would provide gasoline price relief to working 
     families; and
       (9) the Administration has failed to adequately demand that 
     OPEC immediately increase oil production in order to lower 
     crude oil prices and safeguard the world economy.
       (b) Sense of the Senate Concerning Oil Markets.--It is the 
     sense of the Senate that--
       (1) the President should directly confront OPEC and 
     challenge OPEC to immediately increase oil production;
       (2) the President should direct the Federal Trade 
     Commission and Attorney General to exercise vigorous 
     oversight over the oil markets to protect the American people 
     from price gouging and unfair practices at the gasoline pump; 
     and
                                 ______
                                 
  SA 3419. Mr. BYRD 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 division A, add the following:

              TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Authorization for 
     Multilateral Iraq Stabilization Force Act of 2004''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) On October 16, 2002, the President signed into law the 
     Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243).
       (2) On March 19, 2003, the United States Armed Forces 
     commenced military operations against the authoritarian 
     regime of Saddam Hussein.
       (3) More than 225,000 members of the United States Armed 
     Forces, and thousands more troops from coalition countries, 
     carried out Operation Iraqi Freedom with courage and 
     determination, swiftly defeating the enemy on the 
     battlefield.
       (4) The regime of Saddam Hussein fell on April 11, 2003, 
     creating an opportunity for the Iraqi people to build a 
     government free from despotism.
       (5) On May 1, 2003, the President announced an end to major 
     combat operations, signaling the beginning of the transition 
     to an Iraq that is free from the tyranny of Saddam Hussein.
       (6) On May 8, 2003, the United States and the United 
     Kingdom, by a letter to the President of the United Nations 
     Security Council, recognized their specific authorities, 
     responsibilities, and obligations in Iraq under international 
     law as occupying powers under unified command.
       (7) The situation in Iraq has remained extremely dangerous 
     since the end of major combat operations in Iraq, and 
     violence has claimed the lives of hundreds of members of the 
     United States Armed Forces and unknown numbers of Iraqi 
     civilians.
       (8) On June 30, 2004, the restoration of Iraq sovereignty 
     and the end of the occupation government means that the 
     status of the United States-led military coalition has 
     changed, and its continued presence in Iraq will be subject 
     to the consent of the Iraq government, the mandate of the 
     United Nations Security Council, or both.
       (9) The Prime Minister, the President, and the Foreign 
     Minister of Iraq, who have been chosen to lead the interim 
     Iraq government, have all cited the need for the continued 
     presence in Iraq of the United States-led coalition and the 
     approval of a new United Nations Security Council resolution 
     with a mandate for a multinational force to assist in 
     stabilizing Iraq.
       (10) There is a need for Congress to enact a new 
     authorization for the use of the United States Armed Forces 
     in Iraq to recognize the restoration of Iraq sovereignty and 
     the end of the occupation government of Iraq, and to send a 
     message to the people of Iraq that the United States does not 
     desire to maintain a military presence in Iraq for any longer 
     than necessary.
       (11) The Constitution provides that the President shall 
     serve as Commander in Chief of the Army and Navy, but also 
     that Congress has ultimate authority, under Article I, 
     Section 8, over the power to declare war and authorize the 
     use of military force.

     SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.

       Congress--
       (1) supports the transfer planned for June 30, 2004, of the 
     governing authority in Iraq from the Coalition Provisional 
     Authority to a newly constituted Iraq government;

[[Page 11681]]

       (2) endorses the sovereignty of a new Iraq government that 
     has the broad support of the Iraqi people, planned to take 
     office on that date;
       (3) encourages the United Nations to work with the interim 
     Iraq government to promote the process for holding free and 
     democratic elections to establishs a constitutional Iraq 
     government; and
       (4) supports the adoption of a United Nations Security 
     Council resolution that--
       (A) supports the planned transfer of governing authority in 
     Iraq; and
       (B) authorizes a multinational force, of a substantially 
     multinational character under unified command, to assist in 
     securing Iraq; and
       (5) encourages the North Atlantic Council, the North 
     Atlantic Treaty Organization (NATO) member countries, and 
     other countries to commit to provide increase support to 
     assist Iraq authorities in providing security and stability 
     in Iraq, including the deployment of additional troops for 
     such efforts.

     SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION 
                   FORCE.

       (a) Authorization.--The President is authorized to use the 
     United States Armed Forces on and after July 1, 2004, to 
     participate in a multinational force created under United 
     Nations Security Council resolution 1547 to assist Iraq 
     authorities in providing security and stability in Iraq.
       (b) Sunset of Authority.--The authority in subsection (a) 
     shall expire on July 1, 2006, unless--
       (1) the President determines and certifies to Congress that 
     an extension of the use of force authority in subsection (a) 
     is required for the purposes of national security; or
       (2) Congress enacts an Act providing for the termination of 
     the authority.
       (c) Limitation on Placement of Members of the Armed Forces 
     Outside United States Chain of Command.--No member of the 
     United States Armed Forces deployed under the authority in 
     subsection (a) may be placed outside the chain of command of 
     the United States Armed Forces unless the President certifies 
     to Congress that the national security interests of the 
     United States require the placement of such member outside 
     such chain of command.
       (d) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution, Congress 
     declares that this section is intended to constitute specific 
     statutory authorization within the meaning of section 5(b) of 
     the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     resolution supersedes any requirement of the War Powers 
     Resolution.
       (e) Construction of Authority.--Nothing in this title shall 
     be construed to authorize the use of the United States Armed 
     Forces to carry out offensive combat operations in any 
     country other than Iraq.
       (f) Relationship to Other Authority.--The authority in 
     subsection (a) shall supersede any prior authorization for 
     the use of the United States Armed Forces in or against Iraq, 
     effective July 1, 2004.

     SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD 
                   IRAQ.

       It is the sense of Congress that--
       (1) the end of the regime of Saddam Hussein presents an 
     opportunity for the Iraqi people to build a new government;
       (2) the United States should reassess its laws and policies 
     that were intended to apply to the government of Saddam 
     Hussein, to determine whether those laws and policies should 
     still apply to a new government in Iraq;
       (3) the crimes of Saddam Hussein's government should not be 
     forgotten, but that the new authorities in Iraq should be 
     afforded a fresh start to establish a government under 
     principles consistent with international standards of 
     behavior; and
       (4) the President should work with the United Nations 
     Security Council to effect the sunset of prior Security 
     Council resolutions that placed punitive obligations upon the 
     government of Saddam Hussein, so as to insure that a new 
     Iraqi government is not unfairly burdened or prejudiced by 
     the actions of the prior regime.

     SEC. 1306. REPORTS.

       (a) Reports.--Not later than 60 days after the date of the 
     enactment of this Act, and every 60 days thereafter, the 
     President shall submit to Congress a report on matters 
     related to the use of force under the authorization in 
     section 1304.
       (b) Elements.--Each report under subsection (a) shall 
     include--
       (1) an assessment of the capability of Iraq authorities to 
     achieve full sovereignty, including responsibility for 
     security;
       (2) an assessment of the state of Iraq security forces, 
     including military, police, and civil defense forces, and a 
     detailed, updated plan for training such forces;
       (3) an accounting of foreign forces and international 
     organizations assisting in the stabilization of Iraq, and the 
     amount and type of any assistance provided to facilitate the 
     participation of such forces in such efforts;
       (4) a review of developments relating to efforts to achieve 
     additional contributions of troops from foreign countries for 
     the stabilization of Iraq; and
       (5) an assessment of developments relating to preparations 
     for elections in Iraq, including information on any potential 
     delays in the schedule for such elections.
                                 ______
                                 
  SA 3420. Mr. BYRD 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 division A, add the following:

              TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Authorization for 
     Multilateral Iraq Stabilization Force Act of 2004''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) On October 16, 2002, the President signed into law the 
     Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243).
       (2) On March 19, 2003, the United States Armed Forces 
     commenced military operations against the authoritarian 
     regime of Saddam Hussein.
       (3) More than 225,000 members of the United States Armed 
     Forces, and thousands more troops from coalition countries, 
     carried out Operation Iraqi Freedom with courage and 
     determination, swiftly defeating the enemy on the 
     battlefield.
       (4) The regime of Saddam Hussein fell on April 11, 2003, 
     creating an opportunity for the Iraqi people to build a 
     government free from despotism.
       (5) On May 1, 2003, the President announced an end to major 
     combat operations, signaling the beginning of the transition 
     to an Iraq that is free from the tyranny of Saddam Hussein.
       (6) On May 8, 2003, the United States and the United 
     Kingdom, by a letter to the President of the United Nations 
     Security Council, recognized their specific authorities, 
     responsibilities, and obligations in Iraq under international 
     law as occupying powers under unified command.
       (7) The situation in Iraq has remained extremely dangerous 
     since the end of major combat operations in Iraq, and 
     violence has claimed the lives of hundreds of members of the 
     United States Armed Forces and unknown numbers of Iraqi 
     civilians.
       (8) On June 30, 2004, the restoration of Iraq sovereignty 
     and the end of the occupation government means that the 
     status of the United States-led military coalition has 
     changed, and its continued presence in Iraq will be subject 
     to the consent of the Iraq government, the mandate of the 
     United Nations Security Council, or both.
       (9) The Prime Minister, the President, and the Foreign 
     Minister of Iraq, who have been chosen to lead the interim 
     Iraq government, have all cited the need for the continued 
     presence in Iraq of the United States-led coalition and the 
     approval of a new United Nations Security Council resolution 
     with a mandate for a multinational force to assist in 
     stabilizing Iraq.
       (10) There is a need for Congress to enact a new 
     authorization for the use of the United States Armed Forces 
     in Iraq to recognize the restoration of Iraq sovereignty and 
     the end of the occupation government of Iraq, and to send a 
     message to the people of Iraq that the United States does not 
     desire to maintain a military presence in Iraq for any longer 
     than necessary.
       (11) The Constitution provides that the President shall 
     serve as Commander in Chief of the Army and Navy, but also 
     that Congress has ultimate authority, under Article I, 
     Section 8, over the power to declare war and authorize the 
     use of military force.

     SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.

       Congress--
       (1) supports the transfer planned for June 30, 2004, of the 
     governing authority in Iraq from the Coalition Provisional 
     Authority to a newly constituted Iraq government;
       (2) endorses the sovereignty of a new Iraq government that 
     has the broad support of the Iraqi people, planned to take 
     office on that date;
       (3) encourages the United Nations to work with the interim 
     Iraq government to promote the process for holding free and 
     democratic elections to establish a constitutional Iraq 
     government; and
       (4) supports the adoption of a United Nations Security 
     Council resolution that--
       (A) supports the planned transfer of governing authority in 
     Iraq; and
       (B) authorizes a multinational force, of a substantially 
     multinational character under unified command, to assist in 
     securing Iraq; and
       (5) encourages the North Atlantic Council, the North 
     Atlantic Treaty Organization (NATO) member countries, and 
     other countries to commit to provide increase support

[[Page 11682]]

      to assist Iraq authorities in providing security and 
     stability in Iraq, including the deployment of additional 
     troops for such efforts.

     SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION 
                   FORCE.

       (a) Authorization.--The President is authorized to use the 
     United States Armed Forces on and after July 1, 2004, to 
     participate in a multinational force created under a new 
     United Nations Security Council resolution 1546 to assist 
     Iraq authorities in providing security and stability in Iraq.
       (b) Sunset of Authority.--The authority in subsection (a) 
     shall expire on July 1, 2006, unless--
       (1) the President determines and certifies to Congress that 
     an extension of the use of force authority in subsection (a) 
     is required for the purposes of national security; or
       (2) Congress enacts an Act providing for the termination of 
     the authority.
       (c) Limitation on Placement of Members of the Armed Forces 
     Outside United States Chain of Command.--No member of the 
     United States Armed Forces deployed under the authority in 
     subsection (a) may be placed outside the chain of command of 
     the United States Armed Forces unless the President certifies 
     to Congress that the national security interests of the 
     United States require the placement of such member outside 
     such chain of command.
       (d) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution, Congress 
     declares that this section is intended to constitute specific 
     statutory authorization within the meaning of section 5(b) of 
     the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     resolution supersedes any requirement of the War Powers 
     Resolution.
       (e) Construction of Authority.--Nothing in this title shall 
     be construed to authorize the use of the United States Armed 
     Forces to carry out offensive combat operations in any 
     country other than Iraq.
       (f) Relationship to Other Authority.--The authority in 
     subsection (a) shall supersede any prior authorization for 
     the use of the United States Armed Forces in or against Iraq, 
     effective July 1, 2004.

     SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD 
                   IRAQ.

         It is the sense of Congress that--
         (1) the end of the regime of Saddam Hussein presents an 
     opportunity for the Iraqi people to build a new government;
         (2) the United States should reassess its laws and 
     policies that were intended to apply to the government of 
     Saddam Hussein, to determine whether those laws and policies 
     should still apply to a new government in Iraq;
         (3) the crimes of Saddam Hussein's government should not 
     be forgotten, but that the new authorities in Iraq should be 
     afforded a fresh start to establish a government under 
     principles consistent with international standards of 
     behavior; and
         (4) the President should work with the United Nations 
     Security Council to effect the sunset of prior Security 
     Council resolutions that placed punitive obligations upon the 
     government of Saddam Hussein, so as to insure that a new 
     Iraqi government is not unfairly burdened or prejudiced by 
     the actions of the prior regime.

     SEC. 1306. REPORTS.

         (a) Reports.--Not later than 60 days after the date of 
     the enactment of this Act, and every 60 days thereafter, the 
     President shall submit to Congress a report on matters 
     related to the use of force under the authorization in 
     section 1304.
         (b) Elements.--Each report under subsection (a) shall 
     include--
         (1) an assessment of the capability of Iraq authorities 
     to achieve full sovereignty, including responsibility for 
     security;
         (2) an assessment of the state of Iraq security forces, 
     including military, police, and civil defense forces, and a 
     detailed, updated plan for training such forces;
         (3) an accounting of foreign forces and international 
     organizations assisting in the stabilization of Iraq, and the 
     amount and type of any assistance provided to facilitate the 
     participation of such forces in such efforts;
         (4) a review of developments relating to efforts to 
     achieve additional contributions of troops from foreign 
     countries for the stabilization of Iraq; and
         (5) an assessment of developments relating to 
     preparations for elections in Iraq, including information on 
     any potential delays in the schedule for such elections.
                                 ______
                                 
  SA 3421. Mr. BYRD 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 division A, add the following:

              TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Authorization for 
     Multilateral Iraq Stabilization Force Act of 2004''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) On October 16, 2002, the President signed into law the 
     Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243).
       (2) On March 19, 2003, the United States Armed Forces 
     commenced military operations against the authoritarian 
     regime of Saddam Hussein.
       (3) More than 225,000 members of the United States Armed 
     Forces, and thousands more troops from coalition countries, 
     carried out Operation Iraqi Freedom with courage and 
     determination, swiftly defeating the enemy on the 
     battlefield.
       (4) The regime of Saddam Hussein fell on April 11, 2003, 
     creating an opportunity for the Iraqi people to build a 
     government free from despotism.
       (5) On May 1, 2003, the President announced an end to major 
     combat operations, signaling the beginning of the transition 
     to an Iraq that is free from the tyranny of Saddam Hussein.
       (6) On May 8, 2003, the United States and the United 
     Kingdom, by a letter to the President of the United Nations 
     Security Council, recognized their specific authorities, 
     responsibilities, and obligations in Iraq under international 
     law as occupying powers under unified command.
       (7) The situation in Iraq has remained extremely dangerous 
     since the end of major combat operations in Iraq, and 
     violence has claimed the lives of hundreds of members of the 
     United States Armed Forces and unknown numbers of Iraqi 
     civilians.
       (8) On June 30, 2004, restoration of Iraq sovereignty and 
     the end of the occupation government means that the status of 
     the United States-led military coalition has changed, and its 
     continued presence in Iraq will be subject to the consent of 
     the Iraq government, the mandate of the United Nations 
     Security Council, or both.
       (9) The Prime Minister, the President, and the Foreign 
     Minister of Iraq, who have been chosen to lead the interim 
     Iraq government, have all cited the need for the continued 
     presence in Iraq of the United States-led coalition and the 
     approval of a new United Nations Security Council resolution 
     with a mandate for a multinational force to assist in 
     stabilizing Iraq.
       (10) There is a need for Congress to enact a new 
     authorization for the use of the United States Armed Forces 
     in Iraq to recognize the restoration of Iraq sovereignty and 
     the end of the occupation government of Iraq, and to send a 
     message to the people of Iraq that the United States does not 
     desire to maintain a military presence in Iraq for any longer 
     than necessary.
       (11) The Constitution provides that the President shall 
     serve as Commander in Chief of the Army and Navy, but also 
     that Congress has ultimate authority, under Article I, 
     Section 8, over the power to declare war and authorize the 
     use of military force.

     SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.

       Congress--
       (1) supports the transfer planned for June 30, 2004, of the 
     governing authority in Iraq from the Coalition Provisional 
     Authority to a newly constituted Iraq government;
       (2) endorses the sovereignty of a new Iraq government that 
     has the broad support of the Iraqi people, planned to take 
     office on that date;
       (3) encourages the United Nations to work with the interim 
     Iraq government to promote the process for holding free and 
     democratic elections to establish a constitutional Iraq 
     government; and
       (4) supports the adoption of a United Nations Security 
     Council resolution that--
       (A) supports the planned transfer of governing authority in 
     Iraq; and
       (B) authorizes a multinational force, of a substantially 
     multinational character under unified command, to assist in 
     securing Iraq; and
       (5) encourages the North Atlantic Council, the North 
     Atlantic Treaty Organization (NATO) member countries, and 
     other countries to commit to provide increase support to 
     assist Iraq authorities in providing security and stability 
     in Iraq, including the deployment of additional troops for 
     such efforts.

     SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION 
                   FORCE.

       (a) Authorization.--The President is authorized to use the 
     United States Armed Forces on and after July 1, 2004, to 
     participate in a multinational force created under a new 
     United Nations Security Council resolution 1546 to assist 
     Iraq authorities in providing security and stability in Iraq.
       (b) Sunset of Authority.--The authority in subsection (a) 
     shall expire when--
       (1) the President determines and certifies to Congress that 
     Iraq forces have assumed authority for security in Iraq;
       (2) the President determines and certifies to Congress that 
     foreign military forces or international organizations have 
     assumed responsibility for stabilization efforts in Iraq;

[[Page 11683]]

       (3) the President determines and certifies to Congress that 
     the Iraq government has requested that United States forces 
     or the United Nations-created multinational force withdraw 
     from Iraq; or
       (4) Congress enacts an act providing for the termination of 
     the authority.
       (c) Limitation on Placement of Members of the Armed Forces 
     Outside United States Chain of Command.--No member of the 
     United States Armed Forces deployed under the authority in 
     subsection (a) may be placed outside the chain of command of 
     the United States Armed Forces unless the President certifies 
     to Congress that the national security interests of the 
     United States require the placement of such member outside 
     such chain of command.
       (d) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution, Congress 
     declares that this section is intended to constitute specific 
     statutory authorization within the meaning of section 5(b) of 
     the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     resolution supersedes any requirement of the War Powers 
     Resolution.
       (e) Construction of Authority.--Nothing in this title shall 
     be construed to authorize the use of the United States Armed 
     Forces to carry out offensive combat operations in any 
     country other than Iraq.
       (f) Relationship to Other Authority.--The authority in 
     subsection (a) shall supersede any prior authorization for 
     the use of the United States Armed Forces in or against Iraq, 
     effective July 1, 2004.

     SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD 
                   IRAQ.

       It is the sense of Congress that--
       (1) the end of the regime of Saddam Hussein presents an 
     opportunity for the Iraqi people to build a new government;
       (2) the United States should reassess its laws and policies 
     that were intended to apply to the government of Saddam 
     Hussein, to determine whether those laws and policies should 
     still apply to a new government in Iraq;
       (3) the crimes of Saddam Hussein's government should not be 
     forgotten, but that the new authorities in Iraq should be 
     afforded a fresh start to establish a government under 
     principles consistent with international standards of 
     behavior; and
       (4) the President should work with the United Nations 
     Security Council to effect the sunset of prior Security 
     Council resolutions that placed punitive obligation supon the 
     government of Saddam Hussein, so as to insure that a new 
     Iraqi government is not unfairly burdened or prejudiced by 
     the actions of the prior regime.

     SEC. 1306. REPORTS.

       (a) Reports.--Not later than 60 days after the date of the 
     enactment of this Act, and every 60 days thereafter, the 
     President shall submit to Congress a report on matters 
     related to the use of force under the authorization in 
     section 1304.
       (b) Elements.--Each report under subsection (a) shall 
     include--
       (1) an assessment of the capability of Iraq authorities to 
     achieve full sovereignty, including responsibility for 
     security;
       (2) an assessment of the state of Iraq security forces, 
     including military, police, and civil defense forces, and a 
     detailed, updated plan for training such forces;
       (3) an accounting of foreign forces and international 
     organizations assisting in the stabilization of Iraq, and the 
     amount and type of any assistance provided to facilitate the 
     participation of such forces in such efforts;
       (4) a review of developments relating to efforts to achieve 
     additional contributions of troops from foreign countries for 
     the stabilization of Iraq; and
       (5) an assessment of developments relating to preparations 
     for elections in Iraq, including information on any potential 
     delays in the schedule for such elections.
                                 ______
                                 
  SA 3422. Mrs. MURRAY 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 division A, add the following:

   TITLE XIII--BENEFITS FOR RESERVES ON EXTENDED TOURS OF ACTIVE DUTY

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Guard and Reserve Enhanced 
     Benefits Act of 2004''.

                 Subtitle A--Family Assistance Benefits

     SEC. 1311. MILITARY FAMILY LEAVE.

       (a) General Requirements for Leave.--
       (1) Definitions.--Section 101 of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at 
     the end the following:
       ``(14) Active duty.--The term `active duty' means duty 
     under a call or order to active duty under a provision of law 
     referred to in section 101(a)(13)(B) of title 10, United 
     States Code.
       ``(15) Qualified member.--The term `qualified member' means 
     a member of the reserve components on active duty for a 
     period of more than 30 days.''.
       (2) Entitlement to leave.--Section 102(a)(1) of such Act 
     (29 U.S.C. 2612(a)) is amended by adding at the end the 
     following:
       ``(E) Because the spouse, son, daughter, or parent of the 
     employee is a qualified member.''.
       (3) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 
     2612(b)(1)) is amended by inserting after the second sentence 
     the following: ``Leave under subsection (a)(1)(E) may be 
     taken intermittently or on a reduced leave schedule.''.
       (4) Substitution of paid leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by striking 
     ``(A), (B), or (C)'' and inserting ``(A), (B), (C), or (E)''.
       (5) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) 
     is amended by adding at the end the following:
       ``(3) Notice for military family leave.--In any case in 
     which an employee seeks leave under subsection (a)(1)(E), the 
     employee shall provide such notice as is practicable.''.
       (6) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
       ``(f) Certification for Military Family Leave.--An employer 
     may require that a request for leave under section 
     102(a)(1)(E) be supported by a certification issued at such 
     time and in such manner as the Secretary may by regulation 
     prescribe.''.
       (b) Military Family Leave for Civil Service Employees.--
       (1) Definitions.--Section 6381 of title 5, United States 
     Code, is amended--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(7) the term `active duty' means duty under a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10, United States Code; and
       ``(8) the term `qualified member' means a member of the 
     reserve components on active duty for a period of more than 
     30 days.''.
       (2) Entitlement to leave.--Section 6382(a) of such title is 
     amended by adding at the end the following:
       ``(E) Because the spouse, son, daughter, or parent of the 
     employee is a qualified member.''.
       (3) Schedule.--Section 6382(b)(1) of such title is amended 
     by inserting after the second sentence the following: ``Leave 
     under subsection (a)(1)(E) may be taken intermittently or on 
     a reduced leave schedule.''.
       (4) Substitution of paid leave.--Section 6382(d) of such 
     title is amended by striking ``(A), (B), (C), or (D)'' and 
     inserting ``(A), (B), (C), (D), or (E)''.
       (5) Notice.--Section 6382(e) of such title is amended by 
     adding at the end the following:
       ``(3) In any case in which an employee seeks leave under 
     subsection (a)(1)(E), the employee shall provide such notice 
     as is practicable.''.
       (6) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(1)(E) be supported by a 
     certification issued at such time and in such manner as the 
     Office of Personnel Management may by regulation 
     prescribe.''.

     SEC. 1312. CHILD CARE FOR MILITARY DEPENDENTS.

       (a) In General.--The Secretary of Defense shall permit the 
     children of covered members of the Reserves to attend 
     military child development centers and participate in child 
     care and development programs and activities under subchapter 
     II of chapter 88 of title 10, United States Code, and other 
     applicable provisions of law, to the same extent, and subject 
     to the same terms and conditions, as children of members of 
     the Armed Forces in the regular components are permitted to 
     attend such centers and participate in such programs and 
     activities.
       (b) Child Care for Children Without Access to Military 
     Child Development Centers.--(1) In any case where the 
     children of a covered member of the Reserves who are 
     geographically dispersed and do not have practical access to 
     a military child development center, the Secretary shall 
     satisfy the requirement in subsection (a) with such funds as 
     are necessary to permit the member's family to secure access 
     for such children to child care and development programs and 
     activities in the private sector that are similar in scope 
     and quality to the child care and development programs and 
     activities the Secretary would otherwise provide access to 
     under that subsection.
       (2) Funds may be provided under this subsection in 
     accordance with the provisions of section 1798 of title 10, 
     United States Code, or by such other mechanism as the 
     Secretary considers appropriate.
       (c) Preservation of Services and Programs.--The Secretary 
     shall provide for the attendance and participation of 
     children in

[[Page 11684]]

     military child development centers and child care and 
     development programs and activities under this section in a 
     manner that preserves the scope and quality of child care and 
     development programs and activities otherwise provided by the 
     Secretary.
       (d) Funding.--Amounts available to the Department of 
     Defense and the military departments for operation and 
     maintenance shall be available for the costs of the 
     attendance and participation of children in military child 
     development centers and child care and development programs 
     and activities under this section.
       (e) Definitions.--In this section:
       (1) The term ``covered members of the Reserves'' means 
     members of the Armed Forces who are called or ordered to 
     active duty under a provision of law referred to in section 
     101(a)(13)(B) of title 10, United States Code, for Operation 
     Enduring Freedom or Operation Iraqi Freedom.
       (2) The term ``military child development center'' has the 
     meaning given such term in section 1800(1) of title 10, 
     United States Code.

                     Subtitle B--Education Benefits

                  PART I--MONTGOMERY GI BILL BENEFITS

     SEC. 1321. BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS OF 
                   SELECTED RESERVE SERVING EXTENDED OR RECURRING 
                   PERIODS ON ACTIVE DUTY.

       (a) Entitlement.--(1) Subsection (a)(1) of section 3011 of 
     title 38, United States Code, is amended--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by adding ``or'' at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(D) after September 11, 2001, while a member of the 
     Selected Reserve--
       ``(i) serves at least 12 months of continuous active duty 
     in the Armed Forces; or
       ``(ii) during any 60-month period, serves an aggregate of 
     24 months of continuous active duty in the Armed Forces;''.
       (2) Subsection (d)(3) of such section is amended by 
     striking ``The period of service'' and inserting ``Except in 
     the case of an individual described in subsection (a)(1)(D), 
     the period of service''.
       (b) Exclusion From Contributions for Increased 
     Assistance.--Subsection (e)(1) of such section is amended by 
     inserting ``(other than an individual described in subsection 
     (a)(1)(D)'' after ``Any individual''.
       (c) Amount of Assistance.--Section 3015(a) of such title is 
     amended by inserting after ``three years'' the following: 
     ``or an individual whose service on active duty on which such 
     entitlement is based is described in clause (i) or (ii) of 
     section 3011(a)(1)(D) of this title''.

     SEC. 1322. INCREASE IN AMOUNT OF EDUCATIONAL ASSISTANCE FOR 
                   MEMBERS OF SELECTED RESERVE.

       (a) Increase in Amounts.--Section 16131(b)(1) of title 10, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``$251'' and inserting 
     ``$400'';
       (2) in subparagraph (B), by striking ``$188'' and inserting 
     ``$300''; and
       (3) in subparagraph (C), by striking ``$125'' and inserting 
     ``$200''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to monthly rates of educational 
     assistance for months beginning on or after that date.

     SEC. 1323. MODIFICATION OF TIME LIMITATION FOR USE OF 
                   ENTITLEMENT TO EDUCATIONAL ASSISTANCE OF 
                   MEMBERS OF SELECTED RESERVE.

       Section 16133(a)(2) of title 10, United States Code, is 
     amended--
       (1) by inserting ``that is five years after the date'' 
     after ``on the date''; and
       (2) by striking ``first'' and inserting ``later''.

                   PART II--OTHER EDUCATION BENEFITS

     SEC. 1326. STUDENT LOAN DEFERMENTS.

       (a) FFEL and Direct Subsidized Loans.--Section 428(b)(1)(M) 
     of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) 
     is amended--
       (1) in clause (ii), by striking ``or'' after the semicolon;
       (2) in clause (iii), by inserting ``or'' after the 
     semicolon; and
       (3) by inserting after clause (iii) the following:
       ``(iv) during which the borrower is a member of the reserve 
     components of the Armed Forces on active duty for a period of 
     more than 30 days under a call or order to active duty under 
     a provision of law referred to in section 101(a)(13)(B) of 
     title 10, United States Code, and for 3 months following 
     discharge or release from such active duty.''.
       (b) Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the 
     Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) 
     is amended--
       (1) in subclause (II), by striking ``or'' after the 
     semicolon;
       (2) in subclause (III), by striking ``or (II)'' and 
     inserting ``, (II) or (III)'';
       (3) by redesignating subclause (III) (as so amended) as 
     subclause (IV); and
       (4) by inserting after subclause (II) the following:
       ``(III) by the Secretary, in the case of a consolidation 
     loan of a student who is on an active duty deferment under 
     section 428(b)(1)(M)(iv); or''.
       (c) FFEL and Direct Unsubsidized Loans.--Section 428H(e)(2) 
     of the Higher Education Act of 1965 (20 U.S.C. 1078-8(e)(2)) 
     is amended by adding at the end the following:
       ``(C) Notwithstanding subparagraph (A), interest on loans 
     made under this section for which payments of principal are 
     deferred because the student is on an active duty deferment 
     under section 428(b)(1)(M)(iv) shall be paid by the 
     Secretary.''.
       (d) Perkins Loans.--Section 464(c)(2)(A) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is 
     amended--
       (1) in clause (iii), by striking ``or'' after the 
     semicolon;
       (2) in clause (iv), by inserting ``or'' after the 
     semicolon; and
       (3) by inserting after clause (iv) the following:
       ``(v) during which the borrower is a member of the reserve 
     components of the Armed Forces on active duty for a period of 
     more than 30 days under a call or order to active duty under 
     a provision of law referred to in section 101(a)(13)(B) of 
     title 10, United States Code, and for 3 months following 
     discharge or release from such active duty.''.

     SEC. 1327. PRESERVATION OF EDUCATIONAL STATUS AND TUITION.

       (a) In General.--Title VII of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 501 et seq.), as amended by 
     section 1 of Public Law 108-189 (117 Stat. 2835), is further 
     amended by adding at the end the following new section:

     ``SEC. 707. PRESERVATION OF EDUCATIONAL STATUS AND TUITION.

       ``(a) Leave of Absence.--A servicemember who is a member of 
     the reserve components on active duty for a period of more 
     than 30 days under a call or order to active duty under a 
     provision of law referred to in section 101(a)(13)(B) of 
     title 10, United States Code, and who is enrolled as a 
     student at an institution of higher education at the time of 
     entry into the service on active duty, shall be granted a 
     leave of absence from the institution during the period of 
     the service on active duty and for one year after the 
     conclusion of the service on active duty.
       ``(b) Educational Status.--
       ``(1) In general.--A servicemember on a leave of absence 
     from an institution of higher education under subsection (a) 
     shall be entitled, upon completion of the leave of absence, 
     to be restored to the educational status the servicemember 
     had attained before entering into the service on active duty 
     as described in that subsection without loss of academic 
     credits earned, scholarships or grants awarded, or, subject 
     to paragraph (2), tuition and other fees paid before the 
     entry of the servicemember into the service on active duty.
       ``(2) Tuition.--
       ``(A) Refund.--An institution of higher education shall 
     refund tuition or fees paid or credit the tuition and fees to 
     the next period of enrollment after a servicemember returns 
     from the leave of absence, at the option of the 
     servicemember. Notwithstanding the 180-day limitation 
     referred to in subsection (a)(2)(B) of section 484B of the 
     Higher Education Act of 1965 (20 U.S.C. 1091b), a 
     servicemember on a leave of absence under this section shall 
     not be treated as having withdrawn for purposes of such 
     section 484B unless the servicemember fails to return upon 
     the completion of the leave of absence.
       ``(B) Amount of refund.--If a servicemember requests a 
     refund for a period of enrollment, the percentage of the 
     tuition and fees that shall be refunded shall be equal to 100 
     percent minus--
       ``(i) the percentage of the period of enrollment (for which 
     the tuition and fees were paid) that was completed (as 
     determined in accordance with subsection (d) of such section 
     484B) as of the day the servicemember withdrew, provided that 
     such date occurs on or before the completion of 60 percent of 
     the period of enrollment; or
       ``(ii) 100 percent, if the day the person withdrew occurs 
     after the servicemember has completed 60 percent of the 
     period of enrollment.''.
       (b) Clerical Amendment.--The table of contents of that Act 
     is amended by adding at the end the following new item:

``Sec. 707. Preservation of educational status and tuition.''.

                    Subtitle C--Retirement Benefits

     SEC. 1331. REDUCED MINIMUM AGE FOR ELIGIBILITY FOR NON-
                   REGULAR SERVICE RETIRED PAY.

       Section 12731(a)(1) of title 10, United States Code, is 
     amended by striking ``60 years of age'' and inserting ``55 
     years of age''.
                                 ______
                                 
  SA 3423. Mr. BYRD 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

[[Page 11685]]

for the Armed Services, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 268, strike lines 4 through 11 and insert the 
     following:
       (1) The number of United States military personnel assigned 
     for temporary or permanent duty in Colombia in connection 
     with support of Plan Colombia may not exceed 500.
       (2) The number of United States individual citizens 
     retained as contractors in Colombia in connection with 
     support of Plan Colombia who are funded by Federal funds may 
     not exceed 500.
                                 ______
                                 
  SA 3424. Mr. BYRD 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 division A, add the following:

              TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Authorization for 
     Multilateral Iraq Stabilization Force Act of 2004''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) On October 16, 2002, the President signed into law the 
     Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243).
       (2) On March 19, 2003, the United States Armed Forces 
     commenced military operations against the authoritarian 
     regime of Saddam Hussein.
       (3) More than 225,000 members of the United States Armed 
     Forces, and thousands more troops from coalition countries, 
     carried out Operation Iraqi Freedom with courage and 
     determination, swiftly defeating the enemy on the 
     battlefield.
       (4) The regime of Saddam Hussein fell on April 11, 2003, 
     creating an opportunity for the Iraqi people to build a 
     government free from despotism.
       (5) On May 1, 2003, the President announced an end to major 
     combat operations, signaling the beginning of the transition 
     to an Iraq that is free from the tyranny of Saddam Hussein.
       (6) On May 8, 2003, the United States and the United 
     Kingdom, by a letter to the President of the United Nations 
     Security Council, recognized their specific authorities, 
     responsibilities, and obligations in Iraq under international 
     law as occupying powers under unified command.
       (7) The situation in Iraq has remained extremely dangerous 
     since the end of major combat operations in Iraq, and 
     violence has claimed the lives of hundreds of members of the 
     United States Armed Forces and unknown numbers of Iraqi 
     civilians.
       (8) On June 30, 2004, the restoration of Iraq sovereignty 
     and the end of the occupation government means that the 
     status of the United States-led military coalition has 
     changed, and its continued presence in Iraq will be subject 
     to the consent of the Iraq government, the mandate of the 
     United Nations Security Council, or both.
       (9) The Prime Minister, the President, and the Foreign 
     Minister of Iraq, who have been chosen to lead the interim 
     Iraq government, have all cited the need for the continued 
     presence in Iraq of the United States-led coalition and the 
     approval of a new United Nations Security Council resolution 
     with a mandate for a multinational force to assist in 
     stabilizing Iraq.
       (10) There is a need for Congress to enact a new 
     authorization for the use of the United States Armed Forces 
     in Iraq to recognize the restoration of Iraq sovereignty and 
     the end of the occupation government of Iraq, and to send a 
     message to the people of Iraq that the United States does not 
     desire to maintain a military presence in Iraq for any longer 
     than necessary.
       (11) The Constitution provides that the President shall 
     serve as Commander in Chief of the Army and Navy, but also 
     that Congress has ultimate authority, under Article I, 
     Section 8, over the power to declare war and authorize the 
     use of military force.

     SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.

       Congress--
       (1) supports the transfer planned for June 30, 2004, of the 
     governing authority in Iraq from the Coalition Provisional 
     Authority to a newly constituted Iraq government;
       (2) endorses the sovereignty of a new Iraq government that 
     has the broad support of the Iraqi people, planned to take 
     office on that date;
       (3) encourages the United Nations to work with the interim 
     Iraq government to promote the process for holding free and 
     democratic elections to establish a constitutional Iraq 
     government; and
       (4) supports the adoption of a United Nations Security 
     Council resolution that--
       (A) supports the planned transfer of governing authority in 
     Iraq; and
       (B) authorizes a multinational force, of a substantially 
     multinational character under unified command, to assist in 
     securing Iraq; and
       (5) encourages the North Atlantic Council, the North 
     Atlantic Treaty Organization (NATO) member countries, and 
     other countries to commit to provide increase support to 
     assist Iraq authorities in providing security and stability 
     in Iraq, including the deployment of additional troops for 
     such efforts.

     SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION 
                   FORCE.

       (a) Authorization.--The President is authorized to use the 
     United States Armed Forces on and after July 1, 2004, to 
     participate in a multinational force created under a new 
     United Nations Security Council resolution 1547 to assist 
     Iraq authorities in providing security and stability in Iraq.
       (b) Sunset of Authority.--The authority in subsection (a) 
     shall expire when--
       (1) the President determines and certifies to Congress that 
     Iraq forces have assumed authority for security in Iraq;
       (2) the President determines and certifies to Congress that 
     foreign military forces or international organizations have 
     assumed responsibility for stabilization efforts in Iraq;
       (3) the President determines and certifies to Congress that 
     the Iraq government has requested that United States forces 
     or the United Nations-created multinational force withdraw 
     from Iraq; or
       (4) Congress enacts an Act providing for the termination of 
     the authority.
       (c) Limitation on Placement of Members of the Armed Forces 
     Outside United States Chain of Command.--No member of the 
     United States Armed Forces deployed under the authority in 
     subsection (a) may be placed outside the chain of command of 
     the United States Armed Forces unless the President certifies 
     to Congress that the national security interests of the 
     United States require the placement of such member outside 
     such chain of command.
       (d) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution, Congress 
     declares that this section is intended to constitute specific 
     statutory authorization within the meaning of section 5(b) of 
     the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     resolution supersedes any requirement of the War Powers 
     Resolution.
       (e) Construction of Authority.--Nothing in this title shall 
     be construed to authorize the use of the United States Armed 
     Forces to carry out offensive combat operations in any 
     country other than Iraq.
       (f) Relationship to Other Authority.--The authority in 
     subsection (a) shall supersede any prior authorization for 
     the use of the United States Armed Forces in or against Iraq, 
     effective July 1, 2004.

     SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD 
                   IRAQ.

       It is the sense of Congress that--
       (1) the end of the regime of Saddam Hussein presents an 
     opportunity for the Iraqi people to build a new government;
       (2) the United States should reassess its laws and policies 
     that were intended to apply to the government of Saddam 
     Hussein, to determine whether those laws and policies should 
     still apply to a new government in Iraq;
       (3) the crimes of Saddam Hussein's government should not be 
     forgotten, but that the new authorities in Iraq should be 
     afforded a fresh start to establish a government under 
     principles consistent with international standards of 
     behavior; and
       (4) the President should work with the United Nations 
     Security Council to effect the sunset of prior Security 
     Council resolutions that placed punitive obligations upon the 
     government of Saddam Hussein, so as to insure that a new 
     Iraqi government is not unfairly burdened or prejudiced by 
     the actions of the prior regime.

     SEC. 1306. REPORTS.

       (a) Reports.--Not later than 60 days after the date of the 
     enactment of this Act, and every 60 days thereafter, the 
     President shall submit to Congress a report on matters 
     related to the use of force under the authorization in 
     section 1304.
       (b) Elements.--Each report under subsection (a) shall 
     include--
       (1) an assessment of the capability of Iraq authorities to 
     achieve full sovereignty, including responsibility for 
     security;
       (2) an assessment of the state of Iraq security forces, 
     including military, police, and civil defense forces, and a 
     detailed, updated plan for training such forces;
       (3) an accounting of foreign forces and international 
     organizations assisting in the stabilization of Iraq, and the 
     amount and type of any assistance provided to facilitate the 
     participation of such forces in such efforts;
       (4) a review of developments relating to efforts to achieve 
     additional contributions of troops from foreign countries for 
     the stabilization of Iraq; and
       (5) an assessment of developments relating to preparations 
     for elections in Iraq, including information on any potential 
     delays in the schedule for such elections.

[[Page 11686]]


                                 ______
                                 
  SA 3425. Mr. BYRD 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 division A, add the following:

              TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Authorization for 
     Multilateral Iraq Stabilization Force Act of 2004''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) On October 16, 2002, the President signed into law the 
     Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243).
       (2) On March 19, 2003, the United States Armed Forces 
     commenced military operations against the authoritarian 
     regime of Saddam Hussein.
       (3) More than 225,000 members of the United States Armed 
     Forces, and thousands more troops from coalition countries, 
     carried out Operation Iraqi Freedom with courage and 
     determination, swiftly defeating the enemy on the 
     battlefield.
       (4) The regime of Saddam Hussein fell on April 11, 2003, 
     creating an opportunity for the Iraqi people to build a 
     government free from despotism.
       (5) On May 1, 2003, the President announced an end to major 
     combat operations, signaling the beginning of the transition 
     to an Iraq that is free from the tyranny of Saddam Hussein.
       (6) On May 8, 2003, the United States and the United 
     Kingdom, by a letter to the President of the United Nations 
     Security Council, recognized their specific authorities, 
     responsibilities, and obligations in Iraq under international 
     law as occupying powers under unified command.
       (7) The situation in Iraq has remained extremely dangerous 
     since the end of major combat operations in Iraq, and 
     violence has claimed the lives of hundreds of members of the 
     United States Armed Forces and unknown numbers of Iraqi 
     civilians.
       (8) On June 30, 2004, the restoration of Iraq sovereignty 
     and the end of the occupation government means that the 
     status of the United States-led military coalition has 
     changed, and its continued presence in Iraq will be subject 
     to the consent of the Iraq government, the mandate of the 
     United Nations Security Council, or both.
       (9) The Prime Minister, the President, and the Foreign 
     Minister of Iraq, who have been chosen to lead the interim 
     Iraq government, have all cited the need for the continued 
     presence in Iraq of the United States-led coalition and the 
     approval of a new United Nations Security Council resolution 
     with a mandate for a multinational force to assist in 
     stabilizing Iraq.
       (10) There is a need for Congress to enact a new 
     authorization for the use of the United States Armed Forces 
     in Iraq to recognize the restoration of Iraq sovereignty and 
     the end of the occupation government of Iraq, and to send a 
     message to the people of Iraq that the United States does not 
     desire to maintain a military presence in Iraq for any longer 
     than necessary.
       (11) The Constitution provides that the President shall 
     serve as Commander in Chief of the Army and Navy, but also 
     that Congress has ultimate authority, under Article I, 
     Section 8, over the power to declare war and authorize the 
     use of military force.

     SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.

       Congress--
       (1) supports the transfer planned for June 30, 2004, of the 
     governing authority in Iraq from the Coalition Provisional 
     Authority to a newly constituted Iraq government;
       (2) endorses the sovereignty of a new Iraq government that 
     has the broad support of the Iraqi people, planned to take 
     office on that date;
       (3) encourages the United Nations to work with the interim 
     Iraq government to promote the process for holding free and 
     democratic elections to establish a constitutional Iraq 
     government; and
       (4) supports the adoption of a United Nations Security 
     Council resolution that--
       (A) supports the planned transfer of governing authority in 
     Iraq; and
       (B) authorizes a multinational force, of a substantially 
     multinational character under unified command, to assist in 
     securing Iraq; and
       (5) encourages the North Atlantic Council, the North 
     Atlantic Treaty Organization (NATO) member countries, and 
     other countries to commit to provide increase support to 
     assist Iraq authorities in providing security and stability 
     in Iraq, including the deployment of additional troops for 
     such efforts.

     SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION 
                   FORCE.

       (a) Authorization.--The President is authorized to use the 
     United States Armed Forces on and after July 1, 2004, to 
     participate in a multinational force created under a new 
     United Nations Security Council resolution 1547 to assist 
     Iraq authorities in providing security and stability in Iraq.
       (b) Sunset of Authority.--The authority in subsection (a) 
     shall expire when--
       (1) the President determines and certifies to Congress that 
     Iraq forces have assumed authority for security in Iraq;
       (2) the President determines and certifies to Congress that 
     foreign military forces or international organizations have 
     assumed responsibility for stabilization efforts in Iraq;
       (3) the President determines and certifies to Congress that 
     the Iraq government has requested that United States forces 
     or the United Nations-created multinational force withdraw 
     from Iraq; or
       (4) Congress enacts an Act providing for the termination of 
     the authority.
       (c) Limitation on Placement of Members of the Armed Forces 
     Outside United States Chain of Command.--No member of the 
     United States Armed Forces deployed under the authority in 
     subsection (a) may be placed outside the chain of command of 
     the United States Armed Forces unless the President certifies 
     to Congress that the national security interests of the 
     United States require the placement of such member outside 
     such chain of command.
       (d) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution, Congress 
     declares that this section is intended to constitute specific 
     statutory authorization within the meaning of section 5(b) of 
     the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     resolution supersedes any requirement of the War Powers 
     Resolution.
       (e) Construction of Authority.--Nothing in this title shall 
     be construed to authorize the use of the United States Armed 
     Forces to carry out offensive combat operations in any 
     country other than Iraq.
       (f) Relationship to Other Authority.--The authority in 
     subsection (a) shall supersede any prior authorization for 
     the use of the United States Armed Forces in or against Iraq, 
     effective July 1, 2004.

     SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD 
                   IRAQ.

       It is the sense of Congress that--
       (1) the end of the regime of Saddam Hussein presents an 
     opportunity for the Iraqi people to build a new government;
       (2) the United States should reassess its laws and policies 
     that were intended to apply to the government of Saddam 
     Hussein, to determine whether those laws and policies should 
     still apply to a new government in Iraq;
       (3) the crimes of Saddam Hussein's government should not be 
     forgotten, but that the new authorities in Iraq should be 
     afforded a fresh start to establish a government under 
     principles consistent with international standards of 
     behavior; and
       (4) the President should work with the United Nations 
     Security Council to effect the sunset of prior Security 
     Council resolutions that placed punitive obligations upon the 
     government of Saddam Hussein, so as to insure that a new 
     Iraqi government is not unfairly burdened or prejudiced by 
     the actions of the prior regime.

     SEC. 1306. REPORTS.

       (a) Reports.--Not later than 60 days after the date of the 
     enactment of this Act, and every 60 days thereafter, the 
     President shall submit to Congress a report on matters 
     related to the use of force under the authorization in 
     section 1304.
       (b) Elements.--Each report under subsection (a) shall 
     include--
       (1) an assessment of the capability of Iraq authorities to 
     achieve full sovereignty, including responsibility for 
     security;
       (2) an assessment of the state of Iraq security forces, 
     including military, police, and civil defense forces, and a 
     detailed, updated plan for training such forces;
       (3) an accounting of foreign forces and international 
     organizations assisting in the stabilization of Iraq, and the 
     amount and type of any assistance provided to facilitate the 
     participation of such forces in such efforts;
       (4) a review of developments relating to efforts to achieve 
     additional contributions of troops from foreign countries for 
     the stabilization of Iraq; and
       (5) an assessment of developments relating to preparations 
     for elections in Iraq, including information on any potential 
     delays in the schedule for such elections.
                                 ______
                                 
  SA 3426. Mr. BYRD 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 division A, add the following:

[[Page 11687]]



              TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Authorization for 
     Multilateral Iraq Stabilization Force Act of 2004''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) On October 16, 2002, the President signed into law the 
     Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243).
       (2) On March 19, 2003, the United States Armed Forces 
     commenced military operations against the authoritarian 
     regime of Saddam Hussein.
       (3) More than 225,000 members of the United States Armed 
     Forces, and thousands more troops from coalition countries, 
     carried out Operation Iraqi Freedom with courage and 
     determination, swiftly defeating the enemy on the 
     battlefield.
       (4) The regime of Saddam Hussein fell on April 11, 2003, 
     creating an opportunity for the Iraqi people to build a 
     government free from despotism.
       (5) On May 1, 2003, the President announced an end to major 
     combat operations, signaling the beginning of the transition 
     to an Iraq that is free from the tyranny of Saddam Hussein.
       (6) On May 8, 2003, the United States and the United 
     Kingdom, by a letter to the President of the United Nations 
     Security Council, recognized their specific authorities, 
     responsibilities, and obligations in Iraq under international 
     law as occupying powers under unified command.
       (7) The situation in Iraq has remained extremely dangerous 
     since the end of major combat operations in Iraq, and 
     violence has claimed the lives of hundreds of members of the 
     United States Armed Forces and unknown numbers of Iraqi 
     civilians.
       (8) On June 30, 2004, the restoration of Iraq sovereignty 
     and the end of the occupation government means that the 
     status of the United States-led military coalition has 
     changed, and its continued presence in Iraq will be subject 
     to the consent of the Iraq government, the mandate of the 
     United Nations Security Council, or both.
       (9) The Prime Minister, the President, and the Foreign 
     Minister of Iraq, who have been chosen to lead the interim 
     Iraq government, have all cited the need for the continued 
     presence in Iraq of the United States-led coalition and the 
     approval of a new United Nations Security Council resolution 
     with a mandate for a multinational force to assist in 
     stabilizing Iraq.
       (10) There is a need for Congress to enact a new 
     authorization for the use of the United States Armed Forces 
     in Iraq to recognize the restoration of Iraq sovereignty and 
     the end of the occupation government of Iraq, and to send a 
     message to the people of Iraq that the United States does not 
     desire to maintain a military presence in Iraq for any longer 
     than necessary.
       (11) The Constitution provides that the President shall 
     serve as Commander in Chief of the Army and Navy, but also 
     that Congress has ultimate authority, under Article I, 
     Section 8, over the power to declare war and authorize the 
     use of military force.

     SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.

       Congress--
       (1) supports the transfer planned for June 30, 2004, of the 
     governing authority in Iraq from the Coalition Provisional 
     Authority to a newly constituted Iraq government;
       (2) endorses the sovereignty of a new Iraq government that 
     has the broad support of the Iraqi people, planned to take 
     office on that date;
       (3) encourages the United Nations to work with the interim 
     Iraq government to promote the process for holding free and 
     democratic elections to establish a constitutional Iraq 
     government; and
       (4) supports the adoption of a United Nations Security 
     Council resolution that--
       (A) supports the planned transfer of governing authority in 
     Iraq; and
       (B) authorizes a multinational force, of a substantially 
     multinational character under unified command, to assist in 
     securing Iraq; and
       (5) encourages the North Atlantic Council, the North 
     Atlantic Treaty Organization (NATO) member countries, and 
     other countries to commit to provide increase support to 
     assist Iraq authorities in providing security and stability 
     in Iraq, including the deployment of additional troops for 
     such efforts.

     SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION 
                   FORCE.

       (a) Authorization.--The President is authorized to use the 
     United States Armed Forces on and after July 1, 2004, to 
     participate in a multinational force created under United 
     Nations Security Council resolution 1546 to assist Iraq 
     authorities in providing security and stability in Iraq.
       (b) Sunset of Authority.--The authority in subsection (a) 
     shall expire on July 1, 2006, unless--
       (1) the President determines and certifies to Congress that 
     an extension of the use of force authority in subsection (a) 
     is required for the purposes of National Security; or
       (2) Congress enacts an Act providing for the termination of 
     the authority.
       (c) Limitation on Placement of Members of the Armed Forces 
     Outside United States Chain of Command.--No member of the 
     United States Armed Forces deployed under the authority in 
     subsection (a) may be placed outside the chain of command of 
     the United States Armed Forces unless the President certifies 
     to Congress that the national security interests of the 
     United States require the placement of such member outside 
     such chain of command.
       (d) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution, Congress 
     declares that this section is intended to constitute specific 
     statutory authorization within the meaning of section 5(b) of 
     the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     resolution supersedes any requirement of the War Powers 
     Resolution.
       (e) Construction of Authority.--Nothing in this title shall 
     be construed to authorize the use of the United States Armed 
     Forces to carry out offensive combat operations in any 
     country other than Iraq.
       (f) Relationship to Other Authority.--The authority in 
     subsection (a) shall supersede any prior authorization for 
     the use of the United States Armed Forces in or against Iraq, 
     effective July 1, 2004.

     SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD 
                   IRAQ.

         It is the sense of Congress that--
         (1) the end of the regime of Saddam Hussein presents an 
     opportunity for the Iraqi people to build a new government;
         (2) the United States should reassess its laws and 
     policies that were intended to apply to the government of 
     Saddam Hussein, to determine whether those laws and policies 
     should still apply to a new government in Iraq;
         (3) the crimes of Saddam Hussein's government should not 
     be forgotten, but that the new authorities in Iraq should be 
     afforded a fresh start to establish a government under 
     principles consistent with international standards of 
     behavior; and
         (4) the President should work with the United Nations 
     Security Council to effect the sunset of prior Security 
     Council resolutions that placed punitive obligations upon the 
     government of Saddam Hussein, so as to insure that a new 
     Iraqi government is not unfairly burdened or prejudiced by 
     the actions of the prior regime.

     SEC. 1306. REPORTS.

         (a) Reports.--Not later than 60 days after the date of 
     the enactment of this Act, and every 60 days thereafter, the 
     President shall submit to Congress a report on matters 
     related to the use of force under the authorization in 
     section 1304.
         (b) Elements.--Each report under subsection (a) shall 
     include--
         (1) an assessment of the capability of Iraq authorities 
     to achieve full sovereignty, including responsibility for 
     security;
         (2) an assessment of the state of Iraq security forces, 
     including military, police, and civil defense forces, and a 
     detailed, updated plan for training such forces;
         (3) an accounting of foreign forces and international 
     organizations assisting in the stabilization of Iraq, and the 
     amount and type of any assistance provided to facilitate the 
     participation of such forces in such efforts;
         (4) a review of developments relating to efforts to 
     achieve additional contributions of troops from foreign 
     countries for the stabilization of Iraq; and
         (5) an assessment of developments relating to 
     preparations for elections in Iraq, including information on 
     any potential delays in the schedule for such elections.
                                 ______
                                 
  SA 3427. Mrs. MURRAY 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 E of title VI, add the following:

     SEC. 653. CHILD CARE FOR CHILDREN OF MEMBERS OF THE RESERVES 
                   ON ACTIVE DUTY FOR OPERATION ENDURING FREEDOM 
                   OR OPERATION IRAQI FREEDOM.

       (a) In General.--The Secretary of Defense shall permit the 
     children of covered members of the Reserves to attend 
     military child development centers and participate in child 
     care and development programs and activities under subchapter 
     II of chapter 88 of title 10, United States Code, and other 
     applicable provisions of law, to the same extent, and subject 
     to the same terms and conditions, as children of members of 
     the Armed Forces in the regular components are permitted to 
     attend such centers and participate in such programs and 
     activities.
       (b) Child Care for Children Without Access to Military 
     Child Development Centers.--(1) In any case where the 
     children of

[[Page 11688]]

     a covered member of the Reserves who are geographically 
     dispersed and do not have practical access to a military 
     child development center, the Secretary shall satisfy the 
     requirement in subsection (a) with such funds as are 
     necessary to permit the member's family to secure access for 
     such children to child care and development programs and 
     activities in the private sector that are similar in scope 
     and quality to the child care and development programs and 
     activities the Secretary would otherwise provide access to 
     under that subsection.
       (2) Funds may be provided under this subsection in 
     accordance with the provisions of section 1798 of title 10, 
     United States Code, or by such other mechanism as the 
     Secretary considers appropriate.
       (c) Preservation of Services and Programs.--The Secretary 
     shall provide for the attendance and participation of 
     children in military child development centers and child care 
     and development programs and activities under this section in 
     a manner that preserves the scope and quality of child care 
     and development programs and activities otherwise provided by 
     the Secretary.
       (d) Funding.--Amounts available to the Department of 
     Defense and the military departments for operation and 
     maintenance shall be available for the costs of the 
     attendance and participation of children in military child 
     development centers and child care and development programs 
     and activities under this section.
       (e) Definitions.--In this section:
       (1) The term ``covered members of the Reserves'' means 
     members of the Armed Forces who are called or ordered to 
     active duty under a provision of law referred to in section 
     101(a)(13)(B) of title 10, United States Code, for Operation 
     Enduring Freedom or Operation Iraqi Freedom.
       (2) The term ``military child development center'' has the 
     meaning given such term in section 1800(1) of title 10, 
     United States Code.
                                 ______
                                 
  SA 3428. Mr. GRAHAM of South Carolina (for himself, Mr. Crapo, Mr. 
Alexander, and Mr. Craig) 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 
     affect, 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 3429. Mr. WARNER 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 272, between the matter following line 18 and line 
     19, insert the following:

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

       (a) Findings.--Congress makes the following findings:
       (1) Close defense cooperation between the United States and 
     each of the United Kingdom and Australia requires 
     interoperability among the armed forces of those countries.
       (2) The need for interoperability must be balanced with the 
     need for appropriate and effective regulation of trade in 
     defense items.
       (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) 
     authorizes the executive branch to administer arms export 
     policies enacted by Congress in the exercise of its 
     constitutional power to regulate commerce with foreign 
     nations.
       (4) The executive branch has exercised its authority under 
     the Arms Export Control Act, in part, through the 
     International Traffic in Arms Regulations.
       (5) Agreements to gain exemption from the International 
     Traffic in Arms Regulations must be submitted to Congress for 
     review.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on International Relations and the 
     Committee on Armed Services of the House of Representatives.
       (2) Defense items.--The term ``defense items'' has the 
     meaning given the term in section 38 of the Arms Export 
     Control Act (22 U.S.C. 2778).
       (3) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means the 
     regulations maintained under parts 120 through 130 of title 
     22, Code of Federal Regulations, and any successor 
     regulations.
       (c) Exceptions From Bilateral Agreement Requirements.--
       (1) In general.--Subsection (j) of section 38 of the Arms 
     Export Control Act (22 U.S.C. 2778) is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Exceptions from bilateral agreement requirements.--
       ``(A) Australia.--Subject to section 1055 of the National 
     Defense Authorization Act for Fiscal Year 2005, the 
     requirements for a bilateral agreement described in paragraph 
     (2)(A) shall not apply to a bilateral agreement between the 
     United States Government and the Government of Australia with 
     respect to transfers or changes in end use of defense items 
     within Australia that will remain subject to the licensing 
     requirements of this Act after such agreement enters into 
     force.
       ``(B) United kingdom.--Subject to section 1055 of the 
     National Defense Authorization Act for Fiscal Year 2005, the 
     requirements for a bilateral agreement described in 
     paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not 
     apply to a bilateral agreement between the United States 
     Government and the Government of the United Kingdom for an 
     exemption from the licensing requirements of this Act.''.
       (2) Conforming amendment.--Paragraph (2) of such subsection 
     is amended in the matter preceding subparagraph (A) by 
     striking ``A bilateral agreement'' and inserting ``Except as 
     provided in paragraph (4), a bilateral agreement''.
       (d) Certifications.--Not later than 30 days before 
     authorizing an exemption from the licensing requirements of 
     the International Traffic in Arms Regulations in accordance 
     with any bilateral agreement entered into with the United 
     Kingdom or Australia under section 38(j) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)), as amended by subsection 
     (c), the President shall certify to the appropriate 
     congressional committees that such agreement--
       (1) is in the national interest of the United States and 
     will not in any way affect the goals and policy of the United 
     States under section 1 of the Arms Export Control Act (22 
     U.S.C. 2751);
       (2) does not adversely affect the efficacy of the 
     International Traffic in Arms Regulations to provide 
     consistent and adequate controls for licensed exports of 
     United States defense items; and
       (3) will not adversely affect the duties or requirements of 
     the Secretary of State under the Arms Export Control Act.
       (e) Notification of Bilateral Licensing Exemptions.--Not 
     later than 30 days before authorizing an exemption from the 
     licensing requirements of the International Traffic in Arms 
     Regulations in accordance with any bilateral agreement 
     entered into with the

[[Page 11689]]

     United Kingdom or Australia under section 38(j) of the Arms 
     Export Control Act (22 U.S.C. 2778(j)), as amended by 
     subsection (c), the President shall submit to the appropriate 
     congressional committees the text of the regulations that 
     authorize such a licensing exemption.
       (f) Report on Consultation Issues.--Not later than one year 
     after the date of the enactment of this Act and annually 
     thereafter for each of the following 5 years, the President 
     shall submit to the appropriate congressional committees a 
     report on issues raised during the previous year in 
     consultations conducted under the terms of any bilateral 
     agreement entered into with Australia under section 38(j) of 
     the Arms Export Control Act, or under the terms of any 
     bilateral agreement entered into with the United Kingdom 
     under such section, for exemption from the licensing 
     requirements of the Arms Export Control Act (22 U.S.C. 2751 
     et seq.). Each report shall contain--
       (1) information on any notifications or consultations 
     between the United States and the United Kingdom under the 
     terms of any agreement with the United Kingdom, or between 
     the United States and Australia under the terms of any 
     agreement with Australia, concerning the modification, 
     deletion, or addition of defense items on the United States 
     Munitions List, the United Kingdom Military List, or the 
     Australian Defense and Strategic Goods List;
       (2) a list of all United Kingdom or Australia persons and 
     entities that have been designated as qualified persons 
     eligible to receive United States origin defense items exempt 
     from the licensing requirements of the Arms Export Control 
     Act under the terms of such agreements, and listing any 
     modification, deletion, or addition to such lists, pursuant 
     to the requirements of any agreement with the United Kingdom 
     or any agreement with Australia;
       (3) information on consultations or steps taken pursuant to 
     any agreement with the United Kingdom or any agreement with 
     Australia concerning cooperation and consultation with 
     either government on the effectiveness of the defense 
     trade control systems of such government;
       (4) information on provisions and procedures undertaken 
     pursuant to--
       (A) any agreement with the United Kingdom with respect to 
     the handling of United States origin defense items exempt 
     from the licensing requirements of the Arms Export Control 
     Act by persons and entities qualified to receive such items 
     in the United Kingdom; and
       (B) any agreement with Australia with respect to the 
     handling of United States origin defense items exempt from 
     the licensing requirements of the Arms Export Control Act by 
     persons and entities qualified to receive such items in 
     Australia;
       (5) information on any new understandings, including the 
     text of such understandings, between the United States and 
     the United Kingdom concerning retransfer of United States 
     origin defense items made pursuant to any agreement with the 
     United Kingdom to gain exemption from the licensing 
     requirements of the Arms Export Control Act;
       (6) information on consultations with the Government of the 
     United Kingdom or the Government of Australia concerning the 
     legal enforcement of any such agreements;
       (7) information on United States origin defense items with 
     respect to which the United States has provided an exception 
     under the Memorandum of Understanding between the United 
     States and the United Kingdom and any agreement between the 
     United States and Australia from the requirement for United 
     States Government re-export consent that was not provided for 
     under United States laws and regulations in effect on the 
     date of the enactment of this Act; and
       (8) information on any significant concerns that have 
     arisen between the Government of Australia or the Government 
     of the United Kingdom and the United States Government 
     concerning any aspect of any bilateral agreement between such 
     country and the United States to gain exemption from the 
     licensing requirements of the Arms Export Control Act.
       (g) Special Notifications.--
       (1) Required notifications.--The Secretary of State shall 
     notify the appropriate congressional committees not later 
     than 90 days after receiving any credible information 
     regarding an unauthorized end-use or diversion of United 
     States exports of goods or services made pursuant to any 
     agreement with a country to gain exemption from the licensing 
     requirements of the Arms Export Control Act. The notification 
     shall be made in a manner that is consistent with any ongoing 
     efforts to investigate and commence civil actions or criminal 
     investigations or prosecutions regarding such matters and may 
     be made in classified or unclassified form.
       (2) Content.--The notification regarding an unauthorized 
     end-use or diversion of goods or services under paragraph (1) 
     shall include--
       (A) a description of the goods or services;
       (B) the United States origin of the good or service;
       (C) the authorized recipient of the good or service;
       (D) a detailed description of the unauthorized end-use or 
     diversion, including any knowledge by the United States 
     exporter of such unauthorized end-use or diversion;
       (E) any enforcement action taken by the Government of the 
     United States; and
       (F) any enforcement action taken by the government of the 
     recipient nation.
                                 ______
                                 
  SA 3430. Mr. WARNER 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 A of title XXVIII, add the 
     following:

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

       (a) Requirements for Contracts for Leasing of Housing.--
     Section 2874 of title 10, United States Code, is amended by 
     striking subsection (b) and inserting the following new 
     subsection (b):
       ``(b) Contract Terms.--Any contract for the lease of 
     housing units under subsection (a) shall include the 
     following provisions:
       ``(1) That the obligation of the United States to make 
     payments under such contract in any fiscal year shall be 
     subject to appropriations being available for such fiscal 
     year and specifically for the project covered by such 
     contract.
       ``(2) A commitment to obligate the necessary amount for a 
     fiscal year covered by such contract when and to the extent 
     that funds are appropriated for the project covered by such 
     contract.
       ``(3) That the commitment described in paragraph (2) does 
     not constitute an obligation of the United States.''.
       (b) Investments Subject to Availability of 
     Appropriations.--Section 2875(a) of such title is amended by 
     inserting ``, subject to the availability of appropriations 
     for such purpose,'' after ``may''.
       (c) Repeal of Certain Authorities.--
       (1) Rental guarantees.--Section 2876 of such title is 
     repealed.
       (2) Differential lease payments.--Section 2877 of such 
     title is repealed.
       (3) Assignment of members of the armed forces to housing 
     units.--Section 2882 of such title is repealed.
       (d) Increase in Amount of Budget Authority for Military 
     Family Housing.--Section 2883(g)(1) of such title is amended 
     by striking ``$850,000,000'' and inserting ``$850,000,001''.
       (e) Clerical Amendments.--The table of sections at the 
     beginning of subchapter IV of chapter 169 of such title is 
     amended by striking the items relating to sections 2876, 
     2877, and 2882.
                                 ______
                                 
  SA 3431. Mr. WARNER 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 243, after the matter following line 18, insert the 
     following:

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

       (a) Authority To Transfer by Grant.--The Secretary of the 
     Navy is authorized to transfer vessels to foreign countries 
     on a grant basis under section 516 of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2321j) as follows:
       (1) Chile.--To the Government of Chile, the SPRUANCE class 
     destroyer O'BANNON (DD 987).
       (2) Portugal.--To the Government of Portugal, the OLIVER 
     HAZARD PERRY class guided missile frigate GEORGE PHILIP (FFG 
     12) and the OLIVER HAZARD PERRY class guided missile frigate 
     USS SIDES (FFG 14).
       (b) Authority To Transfer by Sale.--The Secretary of the 
     Navy is authorized to transfer vessels to foreign countries 
     on a sale basis under section 21 of the Arms Export Control 
     Act (22 U.S.C. 2761) as follows:
       (1) Taiwan.--To the Taipei Economic and Cultural 
     Representative Office in the United States (which is the 
     Taiwan instrumentality designated pursuant to section 10(a) 
     of the Taiwan Relations Act), the ANCHORAGE class dock 
     landing ship ANCHORAGE (LSD 36).
       (2) Chile.--To the Government of Chile, the SPRUANCE class 
     destroyer FLETCHER (DD 992).
       (c) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to another country on a grant basis under section 516 of the 
     Foreign Assistance Act of 1961

[[Page 11690]]

     (22 U.S.C. 2321j) pursuant to authority provided by 
     subsection (a) shall not be counted for the purposes of 
     subsection (g) of that section in the aggregate value of 
     excess defense articles transferred to countries under that 
     section in any fiscal year.
       (d) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient (notwithstanding 
     section 516(e)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(e)(1)) in the case of a transfer authorized to 
     be made on a grant basis under subsection (a)).
       (e) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the country to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that country, performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (f) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the two-
     year period beginning on the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3432. Mr. WARNER (for himself, Mr. Frist, Mr. Stevens, Mr. 
McConnell, Mr. Levin, Mr. McCain, Mrs. Hutchison, Mr. Inhofe, Mr. Kyl, 
Mr. Santorum, Mr. Roberts, Mr. Allard, Mr. Sessions, Ms. Collins, Mr. 
Ensign, Mr. Talent, Mr. Chambliss, Mr. Graham of South Carolina, Mrs. 
Dole, Mr. Cornyn, Mr. Inouye, Mr. Cochran, Mr. Grassley, Mr. Lugar, Mr. 
Nickles, Mr. Burns, Mr. Lott, and Mr. Lieberman) 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 2, beginning on line 2, strike ``National Defense 
     Authorization Act for Fiscal Year 2005'' and insert ``Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005''.
                                 ______
                                 
  SA 3433. Mr. WARNER 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 311, in the table preceding line 1, insert after 
     the item relating to Hill Air Force Base, Utah, the following 
     new item:

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

       On page 311, in the table preceding line 1, strike the 
     amount identified as the total in the amount column and 
     insert ``$452,023,000''.
       On page 314, line 10, strike ``$446,523,000'' and insert 
     ``$452,023,000''.
       On page 315, line 3, strike ``$863,896,000'' and insert 
     ``$858,396,000''.
                                 ______
                                 
  SA 3434. Mr. McCONNELL (for himself and Ms. 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 164, after line 18, insert the following:

     SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON 
                   THE VALUE RANGE OF THE CONTRACTS TO WHICH A 
                   SMALL BUSINESS CONTRACT RESERVATION APPLIES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) in the administration of the requirement for 
     reservation of contracts for small businesses under 
     subsection (j) of section 15 of the Small Business Act (15 
     U.S.C. 644), the maximum amount in the contract value range 
     provided under that subsection should be treated as being 
     adjusted to the same amount to which the simplified 
     acquisition threshold is increased whenever such threshold is 
     increased under law; and
       (2) the minimum amount specified in paragraph (1) of such 
     subsection should not be increased on the basis of cost 
     inflation.
       (b) Simplified Acquisition Threshold Defined.--In this 
     section, the term ``simplified acquisition threshold'' has 
     the meaning give such term in section 4(11) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(11)).
                                 ______
                                 
  SA 3435. Mr. McCONNELL (for himself and Mr. Graham) 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 365, between lines 18 and 19, insert the following:

     SEC. 2830. LAND CONVEYANCE, NAVAL WEAPONS STATION, 
                   CHARLESTON, SOUTH CAROLINA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the Berkeley County Sanitation Authority, South 
     Carolina (in this section referred to as the ``Authority''), 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including any improvements 
     thereon, consisting of not more than 23 acres and comprising 
     a portion of the Naval Weapons Station, Charleston, South 
     Carolina, for the purpose of allowing the Authority to expand 
     an existing sewage treatment plant.
       (b) Consideration.--As consideration for the conveyance of 
     property under subsection (a), the Authority shall provide 
     the United States, whether by cash payment, in-kind services, 
     or a combination thereof, an amount that is not less than the 
     fair market value, as determined by an appraisal acceptable 
     to the Secretary, of the property conveyed under such 
     subsection.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require the Authority to cover costs incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including appraisal costs, survey costs, 
     costs related to compliance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and environmental 
     remediation, and other administrative costs related to the 
     conveyance. If the amounts are collected from the Authority 
     in advance of the Secretary incurring the actual costs, and 
     the amount collected exceeds the costs actually incurred by 
     the Secretary to carry out the conveyance, the Secretary 
     shall refund the excess amount to the Authority.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be made available for the 
     same purposes, and subject to the same conditions and 
     limitations, as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     Authority.
       (e) 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 3436. Mr. McCONNELL (for himself, Mr. Bunning, Mr. Bingaman, Mr. 
Grassley, Mrs. Clinton, Mr. Domenici, Ms. Cantwell, Mr. Voinovich, Mr. 
Schumer, Mr. Alexander, Mr. Kennedy, Mrs. Murray, Mr. DeWine, and Mr. 
Talent) submitted an amendment intended to be proposed by him to the 
bill S. 2400, to authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title XXXI, add the following:

 Subtitle E--Energy Employees Occupational Illness Compensation Program

     SEC. 3161. WORKERS COMPENSATION.

       (a) In General.--Subtitle D of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (title 
     XXXVI of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398); 42 U.S.C. 7385o) is amended to read as follows:

                   ``Subtitle D--Workers Compensation

     ``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR 
                   EMPLOYEES.

       ``(a) In General.--In this subtitle, the term `covered 
     Department of Energy contractor employee' means any 
     Department of

[[Page 11691]]

     Energy contractor employee determined under section 3663 to 
     have contracted an occupational illness or covered illness 
     through exposure at a Department of Energy facility.
       ``(b) Exclusion of Illness Through Exposure After 
     Commencement of New Program.--For purposes of this subtitle, 
     an occupational illness or covered illness shall not include 
     any illness contracted by a Department of Energy contractor 
     employee through exposure at a Department of Energy facility 
     if the exposure occurs after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2005.

     ``SEC. 3662. WORKERS COMPENSATION.

       ``(a) In General.--Except as provided in subsection (b), a 
     covered Department of Energy contractor employee, or the 
     survivor of a covered Department of Energy contractor 
     employee if the covered Department of Energy contractor 
     employee is deceased, shall receive workers compensation in 
     an amount determined under section 3664.
       ``(b) Election To Proceed Under State Workers' Compensation 
     System.--(1) A Department of Energy contractor employee 
     otherwise covered by this section may elect to seek workers' 
     compensation under the appropriate State workers' 
     compensation system for the occupational illness or covered 
     illness of the covered Department of Energy contractor 
     employee rather than seek workers compensation for the 
     occupational illness or covered illness, as the case may be, 
     under this subtitle.
       ``(2) Any Department of Energy contractor employee making 
     an election under paragraph (1) who becomes entitled to 
     workers' compensation under the appropriate State workers' 
     compensation system following an election under that 
     paragraph is not entitled to receive workers compensation 
     under this subtitle.
       ``(c) Funding.--The Secretary of Labor shall make payments 
     of workers compensation under this section from amounts 
     authorized to be appropriated for such purpose under section 
     3670.

     ``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF 
                   OCCUPATIONAL OR COVERED ILLNESSES.

       ``(a) Employees Covered by Previous Determination of 
     Entitlement to Compensation and Benefits.--(1) A Department 
     of Energy contractor employee who has been determined to be 
     entitled to compensation and benefits for an occupational 
     illness contracted in the performance of duty at a Department 
     of Energy facility under subtitle B shall be treated as 
     having contracted the occupational illness through exposure 
     at the Department of Energy facility for purposes of this 
     subtitle.
       ``(2) A determination, pursuant to activities under 
     paragraph (2) of section 3161(d) of the National Defense 
     Authorization Act for Fiscal Year 2005 before or during the 
     period of transition of administration of this subtitle to 
     the Department of Labor under paragraph (1) of such section, 
     that an individual contracted an occupational illness through 
     exposure at a Department of Energy facility for purposes of 
     this subtitle shall be valid for purposes of this subtitle.
       ``(b) Other Employees.--In the case of a Department of 
     Energy contractor employee not previously covered by a 
     determination described in subsection (a) with respect to an 
     occupational illness, the Department of Energy contractor 
     employee shall be determined to have contracted an illness 
     (in this subtitle referred to as a `covered illness') through 
     exposure at a Department of Energy facility for purposes of 
     this subtitle if--
       ``(1) it is at least as likely as not that exposure to a 
     toxic substance was a significant factor in aggravating, 
     contributing to, or causing the illness; and
       ``(2) it is at least as likely as not that the exposure to 
     such toxic substance was related to employment at a 
     Department of Energy facility.
       ``(c) Determinations Regarding Employees Not Previously 
     Covered by Determination of Entitlement.--(1) The Secretary 
     of Labor shall make each determination under subsection (b) 
     as to whether or not a Department of Energy contractor 
     employee described in that subsection contracted a covered 
     illness related to employment at a Department of Energy 
     facility.
       ``(2) The Secretary may utilize the services of physicians 
     for purposes of making determinations under this subsection. 
     Any physicians so utilized shall possess appropriate 
     expertise and experience in the evaluation and diagnosis of 
     illnesses aggravated, contributed to, or caused by exposure 
     to toxic substances.
       ``(3) The Secretary may secure the services of physicians 
     under this subsection through the appointment of physicians 
     or by contract.
       ``(4) The Secretary shall consult with the Secretary of 
     Health and Human Services before utilizing the services of 
     physicians for purposes of making determinations under this 
     subsection.

     SEC. 3664. AMOUNT OF WORKERS COMPENSATION.

       ``(a) In General.--The amount of workers compensation 
     payable to a covered Department of Energy contractor 
     employee, or the eligible survivors of a covered Department 
     of Energy contractor employee, for an occupational illness or 
     covered illness under section 3662 is the amount of workers' 
     compensation to which the Department of Energy contractor 
     employee, or the eligible survivors, respectively, would 
     otherwise be entitled for the occupational illness or covered 
     illness, as the case may be, under the appropriate State 
     workers' compensation system.
       ``(b) Inapplicability of Certain State Workers' 
     Compensation System Limitations.--The amount of workers' 
     compensation to which a covered Department of Energy 
     contractor employee would otherwise be entitled under 
     subsection (a) shall be determined without regard to any 
     requirements under the appropriate State workers' 
     compensation system for each of the following:
       ``(1) Statutes of limitation, or other rules limiting 
     compensation to claims filed within a specified period after 
     last exposure to a toxic substance or after last employment 
     by an employer where the employee was exposed to a toxic 
     substance.
       ``(2) Exposure rules, including minimum periods of exposure 
     to toxic substances.
       ``(3) Causation rules more stringent that the standard in 
     section 3663(b).
       ``(4) Burdens of proof, quantum of proof standards, or both 
     more stringent than the standard in section 3663(b).
       ``(5) Return to work requirements, including obligations to 
     participate in vocational rehabilitation and medical 
     examinations connected with the ability to return to work.
       ``(6) Medical examinations in addition to medical 
     examinations required by the Secretary of Labor for the 
     application of section 3663 in determining causation or 
     required by the Secretary of Labor for the application of 
     subsection (c) in determining the amount of workers' 
     compensation payable.
       ``(c) Determination of Amount.--(1) The Secretary of Labor 
     shall determine the amount of workers compensation payable to 
     each covered Department of Energy contractor employee under 
     section 3662.
       ``(2)(A) The Secretary may utilize the assistance of the 
     workers' compensation system personnel of any State in making 
     determinations under paragraph (1).
       ``(B) The utilization of assistance under subparagraph (A) 
     shall be in accordance with an agreement entered into by the 
     Secretary and the chief executive officer of the State 
     concerned.
       ``(C) An agreement under subparagraph (B) may provide for 
     the Secretary to reimburse the State concerned for the costs 
     of the State in providing assistance under the agreement.
       ``(3)(A) The Secretary may utilize the services of 
     physicians for purposes of making determinations under this 
     subsection.
       ``(B) Any physicians utilized under subparagraph (A) shall 
     possess appropriate expertise and experience in the 
     evaluation and determination of the extent of permanent 
     physical impairments.
       ``(C) The Secretary may secure the services of physicians 
     under subparagraph (A) through the appointment of physicians 
     or by contract.

     ``SEC. 3665. MEDICAL BENEFITS.

       ``(a) In General.--A Department of Energy contractor 
     employee eligible for workers compensation for an 
     occupational illness or covered illness under this subtitle 
     shall be furnished medical benefits specified in section 3629 
     for the occupational illness or covered illness, as the case 
     may be, to the same extent, and under the same conditions and 
     limitations, as an individual eligible for medical benefits 
     under that section is furnished medical benefits under that 
     section.
       ``(b) Funding.--Amounts for payments for medical benefits 
     under this section shall be derived from amounts authorized 
     to be appropriated for such purpose under section 3670.

     ``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.

       ``(a) Status as Department of Energy Contractor Employee.--
     An individual may seek the review of a determination that the 
     individual is not a Department of Energy contractor employee.
       ``(b) Eligibility and Amount of Workers Compensation.--A 
     Department of Energy contractor employee may seek the review 
     of any determination as follows:
       ``(1) A determination under section 3663(b) that the 
     Department of Energy contractor employee is not a covered 
     Department of Energy contractor employee.
       ``(2) A determination under 3664 of the amount of workers 
     compensation payable to the Department of Energy contractor 
     employee under section 3662.
       ``(c) Review.--(1) The review of a determination under 
     subsection (a) or (b) shall be conducted by the Secretary of 
     Labor in accordance with procedures applicable for the review 
     of claims under sections 30.310 through 30.320 of title 20, 
     Code of Federal Regulations, or any successor regulations.
       ``(2)(A) The review of a determination under subsection 
     (b)(1) shall include review by a physician or physician 
     panel.
       ``(B) Each physician or physician on a panel under 
     subparagraph (A) shall be a physician with experience and 
     competency in diagnosing illnesses aggravated, contributed 
     to, or caused by exposure to toxic substances.
       ``(C) The Secretary of Labor may investigate any allegation 
     that a physician appointed under this paragraph has a 
     conflict

[[Page 11692]]

     of interest. If the Secretary of Labor determines that a 
     conflict of interest exists, the Secretary shall notify the 
     Secretary of Health and Human Services, who shall review the 
     allegation.
       ``(D) Each review by a physician or physician panel under 
     subparagraph (A) shall be conducted in accordance with such 
     procedures as the Secretary shall prescribe.
       ``(3)(A) The results of each review under this subsection 
     shall be submitted to the Secretary.
       ``(B) The Secretary shall accept the results of any portion 
     of a review under this subsection that consists of a review 
     by a physician or physician panel under paragraph (2) unless 
     there is substantial evidence to the contrary.
       ``(d) Reversal of Determinations.--Except as provided in 
     subsection (c)(3)(B), the Secretary of Labor may vacate or 
     reverse any determination described in subsection in 
     subsection (a) or (b) if the Secretary determines, as the 
     result of a review of such determination under subsection 
     (c), that such determination was erroneous.

     ``SEC. 3667. ATTORNEY FEES.

       ``(a) In General.--Except as provided in subsection (b), 
     the provisions of section 3648 shall apply to the 
     availability of attorney fees for assistance on a claim under 
     this subtitle to the same extent, and subject to the same 
     conditions and limitations, that such provisions apply to the 
     availability of attorney fees for assistance on a claim under 
     subtitle B.
       ``(b) Attorney Fee Schedule.--(1) The Secretary of Labor 
     may, by regulation, modify the application of section 3648 to 
     the availability of attorney fees under this subtitle to 
     establish a schedule for attorney fees under this subtitle 
     that will ensure representation of claimants and appropriate 
     compensation for such representation.
       ``(2) The amount of attorney fees for assistance on claims 
     under the schedule of attorney fees shall take into 
     appropriate account the nature and complexity of the legal 
     issues involved in such claims and the procedural level at 
     which assistance is given.

     ``SEC. 3668. ADMINISTRATIVE MATTERS.

       ``(a) In General.--The Secretary of Labor shall administer 
     the provisions of this subtitle.
       ``(b) Contract Authority.--(1) The Secretary may enter into 
     contracts with appropriate persons and entities in order to 
     administer the provisions of this subtitle.
       ``(2) The authority of the Secretary to enter into 
     contracts under this subtitle shall be effective in any 
     fiscal year only to the extent and in such amount as are 
     provided in advance in appropriations Acts.
       ``(c) Records.--(1)(A) The Secretary of Energy shall 
     provide to the Secretary of Labor all records, files, and 
     other data, whether paper, electronic, imaged, or otherwise, 
     developed by the Secretary of Energy that are applicable to 
     the administration of the provisions of this subtitle by the 
     Secretary of Labor, including records, files, and data on 
     facility industrial hygiene, employment of individuals or 
     groups, exposure and medical records, and claims 
     applications.
       ``(B) In providing records, files, and other data under 
     this paragraph, the Secretary of Energy shall preserve the 
     current organization of such records, files, and other data, 
     and shall provide such description and indexing of such 
     records, files, and other data as the Secretary of Energy and 
     the Secretary of Labor jointly consider appropriate to 
     facilitate their use by the Secretary of Labor for purposes 
     of this subtitle.
       ``(2) The Secretary of Energy and the Secretary of Labor 
     shall jointly undertake such actions as are appropriate to 
     retrieve records applicable to the claims of Department of 
     Energy contractor employees for workers compensation under 
     this subtitle, including employment records, records of 
     exposure to beryllium, radiation, silicon, or metals or 
     volatile organic chemicals, and records regarding medical 
     treatment.
       ``(d) Regulations.--The Secretary of Labor shall prescribe 
     regulations necessary for the administration of the 
     provisions of this subtitle.

     ``SEC. 3669. OFFICE OF OMBUDSMAN.

       ``(a) Establishment.--There is established in the 
     Department of Labor an office to be known as the `Office of 
     the Ombudsman' (in this section referred to as the `Office').
       ``(b) Head.--The head of the Office shall be the Ombudsman. 
     The individual serving as Ombudsman shall be either of the 
     following:
       ``(1) An officer or employee of the Department of Labor 
     designated by the Secretary for purposes of this section from 
     among officers and employees of the Department who have 
     experience and expertise necessary to carry out the duties of 
     the Office specified in subsection (c).
       ``(2) An individual employed by the Secretary from the 
     private sector from among individuals in the private sector 
     who have experience and expertise necessary to carry out the 
     duties of the Office specified in subsection (c).
       ``(c) Duties.--The duties of the Office shall be as 
     follows:
       ``(1) To assist individuals in making claims under this 
     subtitle.
       ``(2) To provide information on the benefits available 
     under this subtitle and on the requirements and procedures 
     applicable to the provision of such benefits.
       ``(3) To act as an advocate on behalf of individuals 
     seeking benefits under this subtitle.
       ``(4) To make recommendations to the Secretary regarding 
     the location of centers (to be known as `resource centers') 
     for the acceptance and development of claims for benefits 
     under this subtitle.
       ``(5) To carry out such other duties with respect to this 
     subtitle as the Secretary shall specify for purposes of this 
     section.
       ``(d) Independent Office.--The Secretary shall take 
     appropriate actions to ensure the independence of the Office 
     within the Department of Labor, including independence from 
     other officers and employees of the Department engaged in 
     activities relating to the administration of the provisions 
     of this subtitle.
       ``(e) Annual Report.--(1) Not later than February 15 each 
     year, the Ombudsman shall submit to Congress a report on 
     activities under this subtitle.
       ``(2) Each report under paragraph (1) shall set forth the 
     following:
       ``(A) The number and types of complaints, grievances, and 
     requests for assistance received by the Ombudsman under this 
     subtitle during the preceding year.
       ``(B) An assessment of the most common difficulties 
     encountered by claimants and potential claimants under this 
     subtitle during the preceding year.
       ``(C) Such recommendations as the Ombudsman considers 
     appropriate for the improvement of the practices of the 
     Department of Labor in administering this subtitle.
       ``(D) Such recommendations at the Ombudsman considers 
     appropriate for modifying the authorities and requirements of 
     this subtitle in order to better address the workers 
     compensation interests of covered Department of Energy 
     contractor employees and others, as determined by the 
     Ombudsman, meriting benefits under this subtitle.
       ``(3) No official of the Department of Labor, or of any 
     other department or agency of the Federal Government, may 
     require the review or approval of a report of the Ombudsman 
     under this subsection before the submittal of such report to 
     Congress.
       ``(f) Outreach.--The Secretary of Labor and the Secretary 
     of Health and Human Services shall each undertake outreach to 
     advise the public of the existence and duties of the Office.

     ``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Labor for fiscal year 
     2005 and each fiscal year thereafter such sums as may be 
     necessary in such fiscal year for--
       ``(1) the provision of compensation and benefits under this 
     subtitle; and
       ``(2) the administration of the provisions of this 
     subtitle.
       ``(b) Availability Without Fiscal Year Limitation.--Amounts 
     authorized to be appropriated by subsection (a) shall remain 
     available without fiscal year limitation.
       ``(c) Availability of Amounts Subject to Appropriations 
     Acts.--The authority to provide compensation and benefits 
     under this subtitle shall be effective in any fiscal year 
     only to the extent and in such amounts as are provided in 
     advance in appropriations Acts.''.
       (b) Conforming Amendment.--Section 3643 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7385b) is amended by striking ``The 
     acceptance'' and inserting ``Except as provided in subtitle 
     D, the acceptance''.
       (c) Regulations.--The Secretary of Labor shall prescribe 
     the regulations required by section 3668(d) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000, as amended by this section, not later than 120 days 
     after the date of the enactment of this Act. The Secretary 
     may prescribe interim final regulations necessary to meet the 
     deadlines specified in the preceding sentence and subsection 
     (d)(1).
       (d) Transition.--(1) The Secretary of Labor shall commence 
     the administration of the provisions of subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as amended by this section, not later than 180 
     days after the date of the enactment of this Act.
       (2) The Secretary of Energy and the Secretary of Labor 
     shall jointly take such actions as are appropriate--
       (A) to identify the activities under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as in effect on the day before the date of the 
     enactment of this Act, that will continue under that 
     subtitle, as amended by this section, upon the commencement 
     of the administration of that subtitle, as so amended, by the 
     Secretary of Labor under paragraph (1); and
       (B) to ensure the continued discharge of such activities 
     until the commencement of the administration of that 
     subtitle, as so amended, by the Secretary of Labor under 
     paragraph (1).
       (3)(A) In carrying out activities under paragraph (2), the 
     Secretary of Energy shall only conduct a causation review on 
     a claim if the claim is completely prepared and awaiting 
     review as of the date of the enactment of this Act.
       (B) Activities under paragraph (2) on any claim covered by 
     such activities that is not

[[Page 11693]]

     described by subparagraph (A) shall be carried out by the 
     Secretary of Labor.
       (e) Provision of Records.--The Secretary of Energy shall, 
     to the maximum extent practicable, complete the provision of 
     records to the Secretary of Labor under section 3668(c)(1) of 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000, as amended by this section, not later 
     than 60 days after the date of the enactment of this Act.
       (f) Site Profiles.--(1)(A) The Secretary of Labor shall 
     prepare a site profile for each of the 14 Department of 
     Energy facilities that have received the most number of 
     claims for compensation and benefits under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 as of the date of the enactment of this Act.
       (B) The Secretary of Labor shall prepare a site profile 
     under subparagraph (A) utilizing the former worker medical 
     screening programs of the Department of Energy.
       (2) If the Secretary of Labor determines that the 
     preparation of a site profile for a facility cannot be 
     performed under paragraph (1) because no worker medical 
     screening activities occurred for the facility, or that 
     preparation of the profile is otherwise impracticable, the 
     site profile for the facility shall be prepared by the 
     National Institute of Occupational Safety and Health.
       (3) All site profiles required by this subsection shall be 
     completed not later than 210 days after the date of the 
     enactment of this Act.
       (4) The Secretary of Energy shall provide the Secretary of 
     Labor with any support that the Secretary of Labor considers 
     necessary for carrying out this subsection.
       (5) In this subsection, the term ``site profile'', in the 
     case of a Department of Energy facility, means an exposure 
     assessment that--
       (A) identifies any processes and toxic substances used in 
     the facility;
       (B) establishes the times in which such toxic substances 
     were used in the facility; and
       (C) establishes the degree of exposure to such toxic 
     substances taking into account available records and studies 
     and information on such processes and toxic substances.
       (g) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Energy should--
       (1) adopt a policy not to oppose any final positive 
     determinations with respect to injured workers at Department 
     of Energy facilities and atomic weapons employer facilities 
     under State adjudication systems unless such determinations 
     are frivolous; and
       (2) incorporate the policy referred to in paragraph (1) in 
     all Department of Energy contracts with non-Federal 
     government entities to which such policy could apply.
       (h) Funding for Administration in Fiscal Year 2005.--(1) Of 
     the amount authorized to be appropriated for fiscal year 2005 
     by section 3102(a)(1) for environmental management for 
     defense site acceleration completion, $2,000,000 shall be 
     available for purposes of the administration of the 
     provisions of subtitle D of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000, as amended by this 
     section, during fiscal year 2005.
       (2) The Secretary of Energy shall transfer to the Secretary 
     of Labor the amount available under paragraph (1) for the 
     purposes specified in that paragraph.
       (3) The Secretary of Labor shall utilize amounts 
     transferred to the Secretary under paragraph (2) for the 
     purposes specified in paragraph (1).

     SEC. 3162. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF 
                   ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM.

       Notwithstanding any other provision of this Act, section 
     3143, relating to enhancements of the Energy Employees 
     Occupational Illness Compensation Program, shall have no 
     force or effect, and the amendments specified in such section 
     shall not be made.

     SEC. 3163. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY 
                   EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM IN WESTERN NEW 
                   YORK AND WESTERN PENNSYLVANIA REGION.

       (a) Findings.--The Senate makes the following findings:
       (1) New York has 36 current or former Department of Energy 
     facilities involved in nuclear weapons production-related 
     activities statewide, mostly atomic weapons employer 
     facilities, and 14 such facilities in western New York. 
     Despite having one of the greatest concentrations of such 
     facilities in the United States, western New York, and 
     abutting areas of Pennsylvania, continue to be severely 
     underserved by the Energy Employees Occupational Illness 
     Compensation Program under the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (title XXXVI of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398); 42 
     U.S.C. 7384 et seq.).
       (2) The establishment of a permanent resource center in 
     western New York would represent a substantial step toward 
     improving services under the Energy Employees Occupational 
     Illness Compensation Program for energy employees in this 
     region.
       (3) The number of claims submitted to the Department under 
     subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 from the western New York 
     region, including western Pennsylvania, exceeds the number of 
     such claims filed at resource centers in Hanford, Washington, 
     Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test 
     Site, Nevada, the Rocky Flats Environmental Technology Site, 
     Colorado, the Idaho National Engineering Laboratory, Idaho, 
     and the Amchitka Test Site, Alaska.
       (4) Energy employees in the western New York region, 
     including western Pennsylvania, deserve assistance under 
     subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 commensurate with the 
     assistance provided energy employees at other locations in 
     the United States.
       (b) Sense of Senate.--It is the sense of the Senate to 
     encourage the Office of Ombudsman of the Department of Labor, 
     as established by section 3669 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (as 
     amended by section 3161 of this Act), to--
       (1) review the availability of assistance under subtitle B 
     of the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 for energy employees in the western New 
     York region, including western Pennsylvania; and
       (2) recommend a location in that region for a resource 
     center to provide such assistance to such energy employees.
                                 ______
                                 
  SA 3437. Mr. McCONNELL (for himself, Mr. Bunning, Mr. Bingaman, Mr. 
Grassley, Mrs. Clinton, Mr. Domenici, Ms. Cantwell, Mr. Voinovich, Mr. 
Schumer, Mr. Alexander, Mr. Kennedy, Ms. Murkowski, Mrs. Murray, Mr. 
DeWine, and Mr. Talent) submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title XXXI, add the following:

 Subtitle E--Energy Employees Occupational Illness Compensation Program

     SEC. 3161. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS 
                   EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL 
                   CONTAMINATION.

       Paragraph (3) of section 3621 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (title 
     XXXVI of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398); 42 U.S.C. 7384l) is amended to read as follows:
       ``(3) The term `atomic weapons employee' means any of the 
     following:
       ``(A) An individual employed by an atomic weapons employer 
     during a period when the employer was processing or 
     producing, for the use by the United States, material that 
     emitted radiation and was used in the production of an atomic 
     weapon, excluding uranium mining and milling.
       ``(B) An individual employed--
       ``(i) at a facility with respect to which the National 
     Institute for Occupational Safety and Health, in its report 
     dated October 2003 and titled `Report on Residual Radioactive 
     and Beryllium Contamination at Atomic Weapons Employer 
     Facilities and Beryllium Vendor Facilities', or any update to 
     that report, found that there is a potential for significant 
     residual contamination outside of the period in which 
     weapons-related production occurred;
       ``(ii) by an atomic weapons employer or subsequent owner or 
     operators of a facility described in clause (i); and
       ``(ii) during a period, as specified in such report or any 
     update to such report, of potential for significant residual 
     radioactive contamination at such facility.''.

     SEC. 3162. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF 
                   FACILITIES.

       (a) Update of Report.--Not later than December 31, 2006, 
     the Director of the National Institute for Occupational 
     Safety and Health shall submit to Congress an update to the 
     report required by section 3151(b) of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     42 U.S.C. 7384 note).
       (b) Elements.--The update shall--
       (1) for each facility for which such report found that 
     insufficient information was available to determine whether 
     significant residual contamination was present, determine 
     whether significant residual contamination was present;
       (2) for each facility for which such report found that 
     significant residual contamination remained present as of the 
     date of the report, determine the date on which such 
     contamination ceased to be present;
       (3) for each facility for which such report found that 
     significant residual contamination was present but for which 
     the Director has been unable to determine the extent to

[[Page 11694]]

     which such contamination is attributable to atomic weapons-
     related activities, identify the specific dates of coverage 
     attributable to such activities and, in so identifying, 
     presume that such contamination is attributable to such 
     activities until there is evidence of decontamination of 
     residual contamination identified with atomic weapons-related 
     activities; and
       (4) if new information that pertains to the report has been 
     made available to the Director since that report was 
     submitted, identify and describe such information.
       (c) Publication.--The Director shall ensure that the report 
     referred to in subsection (a) is published in the Federal 
     Register not later than 15 days after being released.

     SEC. 3163. WORKERS COMPENSATION.

       (a) In General.--Subtitle D of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (title 
     XXXVI of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398); 42 U.S.C. 7385o) is amended to read as follows:

                   ``Subtitle D--Workers Compensation

     ``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR 
                   EMPLOYEES.

       ``(a) In General.--In this subtitle, the term `covered 
     Department of Energy contractor employee' means any 
     Department of Energy contractor employee determined under 
     section 3663 to have contracted an occupational illness or 
     covered illness through exposure at a Department of Energy 
     facility.
       ``(b) Exclusion of Illness Through Exposure After 
     Commencement of New Program.--For purposes of this subtitle, 
     an occupational illness or covered illness shall not include 
     any illness contracted by a Department of Energy contractor 
     employee through exposure at a Department of Energy facility 
     if the exposure occurs after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2005.

     ``SEC. 3662. WORKERS COMPENSATION.

       ``(a) In General.--Except as provided in subsection (b), a 
     covered Department of Energy contractor employee, or the 
     survivor of a covered Department of Energy contractor 
     employee if the covered Department of Energy contractor 
     employee is deceased, shall receive workers compensation in 
     an amount determined under section 3664.
       ``(b) Election To Proceed Under State Workers' Compensation 
     System.--(1) A Department of Energy contractor employee 
     otherwise covered by this section may elect to seek workers' 
     compensation under the appropriate State workers' 
     compensation system for the occupational illness or covered 
     illness of the covered Department of Energy contractor 
     employee rather than seek workers compensation for the 
     occupational illness or covered illness, as the case may be, 
     under this subtitle.
       ``(2) Any Department of Energy contractor employee making 
     an election under paragraph (1) who becomes entitled to 
     workers' compensation under the appropriate State workers' 
     compensation system following an election under that 
     paragraph is not entitled to receive workers compensation 
     under this subtitle.
       ``(c) Funding.--The Secretary of Labor shall make payments 
     of workers compensation under this section from amounts 
     authorized to be appropriated for such purpose under section 
     3670.

     ``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF 
                   OCCUPATIONAL OR COVERED ILLNESSES.

       ``(a) Employees Covered by Previous Determination of 
     Entitlement to Compensation and Benefits.--(1) A Department 
     of Energy contractor employee who has been determined to be 
     entitled to compensation and benefits for an occupational 
     illness contracted in the performance of duty at a Department 
     of Energy facility under subtitle B shall be treated as 
     having contracted the occupational illness through exposure 
     at the Department of Energy facility for purposes of this 
     subtitle.
       ``(2) A determination, pursuant to activities under 
     paragraph (2) of section 3163(d) of the National Defense 
     Authorization Act for Fiscal Year 2005 before or during the 
     period of transition of administration of this subtitle to 
     the Department of Labor under paragraph (1) of such section, 
     that an individual contracted an occupational illness through 
     exposure at a Department of Energy facility for purposes of 
     this subtitle shall be valid for purposes of this subtitle.
       ``(b) Other Employees.--In the case of a Department of 
     Energy contractor employee not previously covered by a 
     determination described in subsection (a) with respect to an 
     occupational illness, the Department of Energy contractor 
     employee shall be determined to have contracted an illness 
     (in this subtitle referred to as a `covered illness') through 
     exposure at a Department of Energy facility for purposes of 
     this subtitle if--
       ``(1) it is at least as likely as not that exposure to a 
     toxic substance was a significant factor in aggravating, 
     contributing to, or causing the illness; and
       ``(2) it is at least as likely as not that the exposure to 
     such toxic substance was related to employment at a 
     Department of Energy facility.
       ``(c) Determinations Regarding Employees Not Previously 
     Covered by Determination of Entitlement.--(1) The Secretary 
     of Labor shall make each determination under subsection (b) 
     as to whether or not a Department of Energy contractor 
     employee described in that subsection contracted a covered 
     illness related to employment at a Department of Energy 
     facility.
       ``(2) The Secretary may utilize the services of physicians 
     for purposes of making determinations under this subsection. 
     Any physicians so utilized shall possess appropriate 
     expertise and experience in the evaluation and diagnosis of 
     illnesses aggravated, contributed to, or caused by exposure 
     to toxic substances.
       ``(3) The Secretary may secure the services of physicians 
     under this subsection through the appointment of physicians 
     or by contract.
       ``(4) The Secretary shall consult with the Secretary of 
     Health and Human Services before utilizing the services of 
     physicians for purposes of making determinations under this 
     subsection.

     SEC. 3664. AMOUNT OF WORKERS COMPENSATION.

       ``(a) In General.--The amount of workers compensation 
     payable to a covered Department of Energy contractor 
     employee, or the eligible survivors of a covered Department 
     of Energy contractor employee, for an occupational illness or 
     covered illness under section 3662 is the amount of workers' 
     compensation to which the Department of Energy contractor 
     employee, or the eligible survivors, respectively, would 
     otherwise be entitled for the occupational illness or covered 
     illness, as the case may be, under the appropriate State 
     workers' compensation system.
       ``(b) Inapplicability of Certain State Workers' 
     Compensation System Limitations.--The amount of workers' 
     compensation to which a covered Department of Energy 
     contractor employee would otherwise be entitled under 
     subsection (a) shall be determined without regard to any 
     requirements under the appropriate State workers' 
     compensation system for each of the following:
       ``(1) Statutes of limitation, or other rules limiting 
     compensation to claims filed within a specified period after 
     last exposure to a toxic substance or after last employment 
     by an employer where the employee was exposed to a toxic 
     substance.
       ``(2) Exposure rules, including minimum periods of exposure 
     to toxic substances.
       ``(3) Causation rules more stringent that the standard in 
     section 3663(b).
       ``(4) Burdens of proof, quantum of proof standards, or both 
     more stringent than the standard in section 3663(b).
       ``(5) Return to work requirements, including obligations to 
     participate in vocational rehabilitation and medical 
     examinations connected with the ability to return to work.
       ``(6) Medical examinations in addition to medical 
     examinations required by the Secretary of Labor for the 
     application of section 3663 in determining causation or 
     required by the Secretary of Labor for the application of 
     subsection (c) in determining the amount of workers' 
     compensation payable.
       ``(c) Determination of Amount.--(1) The Secretary of Labor 
     shall determine the amount of workers compensation payable to 
     each covered Department of Energy contractor employee under 
     section 3662.
       ``(2)(A) The Secretary may utilize the assistance of the 
     workers' compensation system personnel of any State in making 
     determinations under paragraph (1).
       ``(B) The utilization of assistance under subparagraph (A) 
     shall be in accordance with an agreement entered into by the 
     Secretary and the chief executive officer of the State 
     concerned.
       ``(C) An agreement under subparagraph (B) may provide for 
     the Secretary to reimburse the State concerned for the costs 
     of the State in providing assistance under the agreement.
       ``(3)(A) The Secretary may utilize the services of 
     physicians for purposes of making determinations under this 
     subsection.
       ``(B) Any physicians utilized under subparagraph (A) shall 
     possess appropriate expertise and experience in the 
     evaluation and determination of the extent of permanent 
     physical impairments.
       ``(C) The Secretary may secure the services of physicians 
     under subparagraph (A) through the appointment of physicians 
     or by contract.

     ``SEC. 3665. MEDICAL BENEFITS.

       ``(a) In General.--A Department of Energy contractor 
     employee eligible for workers compensation for an 
     occupational illness or covered illness under this subtitle 
     shall be furnished medical benefits specified in section 3629 
     for the occupational illness or covered illness, as the case 
     may be, to the same extent, and under the same conditions and 
     limitations, as an individual eligible for medical benefits 
     under that section is furnished medical benefits under that 
     section.
       ``(b) Funding.--Amounts for payments for medical benefits 
     under this section shall be derived from amounts authorized 
     to be appropriated for such purpose under section 3670.

     ``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.

       ``(a) Status as Department of Energy Contractor Employee.--
     An individual may seek the review of a determination that the 
     individual is not a Department of Energy contractor employee.

[[Page 11695]]

       ``(b) Eligibility and Amount of Workers Compensation.--A 
     Department of Energy contractor employee may seek the review 
     of any determination as follows:
       ``(1) A determination under section 3663(b) that the 
     Department of Energy contractor employee is not a covered 
     Department of Energy contractor employee.
       ``(2) A determination under 3664 of the amount of workers 
     compensation payable to the Department of Energy contractor 
     employee under section 3662.
       ``(c) Review.--(1) The review of a determination under 
     subsection (a) or (b) shall be conducted by the Secretary of 
     Labor in accordance with procedures applicable for the review 
     of claims under sections 30.310 through 30.320 of title 20, 
     Code of Federal Regulations, or any successor regulations.
       ``(2)(A) The review of a determination under subsection 
     (b)(1) shall include review by a physician or physician 
     panel.
       ``(B) Each physician or physician on a panel under 
     subparagraph (A) shall be a physician with experience and 
     competency in diagnosing illnesses aggravated, contributed 
     to, or caused by exposure to toxic substances.
       ``(C) The Secretary of Labor may investigate any allegation 
     that a physician appointed under this paragraph has a 
     conflict of interest. If the Secretary of Labor determines 
     that a conflict of interest exists, the Secretary shall 
     notify the Secretary of Health and Human Services, who shall 
     review the allegation.
       ``(D) Each review by a physician or physician panel under 
     subparagraph (A) shall be conducted in accordance with such 
     procedures as the Secretary shall prescribe.
       ``(3)(A) The results of each review under this subsection 
     shall be submitted to the Secretary.
       ``(B) The Secretary shall accept the results of any portion 
     of a review under this subsection that consists of a review 
     by a physician or physician panel under paragraph (2) unless 
     there is substantial evidence to the contrary.
       ``(d) Reversal of Determinations.--Except as provided in 
     subsection (c)(3)(B), the Secretary of Labor may vacate or 
     reverse any determination described in subsection in 
     subsection (a) or (b) if the Secretary determines, as the 
     result of a review of such determination under subsection 
     (c), that such determination was erroneous.

     ``SEC. 3667. ATTORNEY FEES.

       ``(a) In General.--Except as provided in subsection (b), 
     the provisions of section 3648 shall apply to the 
     availability of attorney fees for assistance on a claim under 
     this subtitle to the same extent, and subject to the same 
     conditions and limitations, that such provisions apply to the 
     availability of attorney fees for assistance on a claim under 
     subtitle B.
       ``(b) Attorney Fee Schedule.--(1) The Secretary of Labor 
     may, by regulation, modify the application of section 3648 to 
     the availability of attorney fees under this subtitle to 
     establish a schedule for attorney fees under this subtitle 
     that will ensure representation of claimants and appropriate 
     compensation for such representation.
       ``(2) The amount of attorney fees for assistance on claims 
     under the schedule of attorney fees shall take into 
     appropriate account the nature and complexity of the legal 
     issues involved in such claims and the procedural level at 
     which assistance is given.

     ``SEC. 3668. ADMINISTRATIVE MATTERS.

       ``(a) In General.--The Secretary of Labor shall administer 
     the provisions of this subtitle.
       ``(b) Contract Authority.--(1) The Secretary may enter into 
     contracts with appropriate persons and entities in order to 
     administer the provisions of this subtitle.
       ``(2) The authority of the Secretary to enter into 
     contracts under this subtitle shall be effective in any 
     fiscal year only to the extent and in such amount as are 
     provided in advance in appropriations Acts.
       ``(c) Records.--(1)(A) The Secretary of Energy shall 
     provide to the Secretary of Labor all records, files, and 
     other data, whether paper, electronic, imaged, or otherwise, 
     developed by the Secretary of Energy that are applicable to 
     the administration of the provisions of this subtitle by the 
     Secretary of Labor, including records, files, and data on 
     facility industrial hygiene, employment of individuals or 
     groups, exposure and medical records, and claims 
     applications.
       ``(B) In providing records, files, and other data under 
     this paragraph, the Secretary of Energy shall preserve the 
     current organization of such records, files, and other data, 
     and shall provide such description and indexing of such 
     records, files, and other data as the Secretary of Energy and 
     the Secretary of Labor jointly consider appropriate to 
     facilitate their use by the Secretary of Labor for purposes 
     of this subtitle.
       ``(2) The Secretary of Energy and the Secretary of Labor 
     shall jointly undertake such actions as are appropriate to 
     retrieve records applicable to the claims of Department of 
     Energy contractor employees for workers compensation under 
     this subtitle, including employment records, records of 
     exposure to beryllium, radiation, silicon, or metals or 
     volatile organic chemicals, and records regarding medical 
     treatment.
       ``(d) Regulations.--The Secretary of Labor shall prescribe 
     regulations necessary for the administration of the 
     provisions of this subtitle.

     ``SEC. 3669. OFFICE OF OMBUDSMAN.

       ``(a) Establishment.--There is established in the 
     Department of Labor an office to be known as the `Office of 
     the Ombudsman' (in this section referred to as the `Office').
       ``(b) Head.--The head of the Office shall be the Ombudsman. 
     The individual serving as Ombudsman shall be either of the 
     following:
       ``(1) An officer or employee of the Department of Labor 
     designated by the Secretary for purposes of this section from 
     among officers and employees of the Department who have 
     experience and expertise necessary to carry out the duties of 
     the Office specified in subsection (c).
       ``(2) An individual employed by the Secretary from the 
     private sector from among individuals in the private sector 
     who have experience and expertise necessary to carry out the 
     duties of the Office specified in subsection (c).
       ``(c) Duties.--The duties of the Office shall be as 
     follows:
       ``(1) To assist individuals in making claims under this 
     subtitle.
       ``(2) To provide information on the benefits available 
     under this subtitle and on the requirements and procedures 
     applicable to the provision of such benefits.
       ``(3) To act as an advocate on behalf of individuals 
     seeking benefits under this subtitle.
       ``(4) To make recommendations to the Secretary regarding 
     the location of centers (to be known as `resource centers') 
     for the acceptance and development of claims for benefits 
     under this subtitle.
       ``(5) To carry out such other duties with respect to this 
     subtitle as the Secretary shall specify for purposes of this 
     section.
       ``(d) Independent Office.--The Secretary shall take 
     appropriate actions to ensure the independence of the Office 
     within the Department of Labor, including independence from 
     other officers and employees of the Department engaged in 
     activities relating to the administration of the provisions 
     of this subtitle.
       ``(e) Annual Report.--(1) Not later than February 15 each 
     year, the Ombudsman shall submit to Congress a report on 
     activities under this subtitle.
       ``(2) Each report under paragraph (1) shall set forth the 
     following:
       ``(A) The number and types of complaints, grievances, and 
     requests for assistance received by the Ombudsman under this 
     subtitle during the preceding year.
       ``(B) An assessment of the most common difficulties 
     encountered by claimants and potential claimants under this 
     subtitle during the preceding year.
       ``(C) Such recommendations as the Ombudsman considers 
     appropriate for the improvement of the practices of the 
     Department of Labor in administering this subtitle.
       ``(D) Such recommendations at the Ombudsman considers 
     appropriate for modifying the authorities and requirements of 
     this subtitle in order to better address the workers 
     compensation interests of covered Department of Energy 
     contractor employees and others, as determined by the 
     Ombudsman, meriting benefits under this subtitle.
       ``(3) No official of the Department of Labor, or of any 
     other department or agency of the Federal Government, may 
     require the review or approval of a report of the Ombudsman 
     under this subsection before the submittal of such report to 
     Congress.
       ``(f) Outreach.--The Secretary of Labor and the Secretary 
     of Health and Human Services shall each undertake outreach to 
     advise the public of the existence and duties of the Office.

     ``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Labor for fiscal year 
     2005 and each fiscal year thereafter such sums as may be 
     necessary in such fiscal year for--
       ``(1) the provision of compensation and benefits under this 
     subtitle; and
       ``(2) the administration of the provisions of this 
     subtitle.
       ``(b) Availability Without Fiscal Year Limitation.--Amounts 
     authorized to be appropriated by subsection (a) shall remain 
     available without fiscal year limitation.
       ``(c) Availability of Amounts Subject to Appropriations 
     Acts.--The authority to provide compensation and benefits 
     under this subtitle shall be effective in any fiscal year 
     only to the extent and in such amounts as are provided in 
     advance in appropriations Acts.''.
       (b) Conforming Amendment.--Section 3643 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7385b) is amended by striking ``The 
     acceptance'' and inserting ``Except as provided in subtitle 
     D, the acceptance''.
       (c) Regulations.--The Secretary of Labor shall prescribe 
     the regulations required by section 3668(d) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000, as amended by this section, not later than 120 days 
     after the date of the enactment of this Act. The Secretary 
     may prescribe interim final regulations necessary to meet the 
     deadlines specified in the preceding sentence and subsection 
     (d)(1).
       (d) Transition.--(1) The Secretary of Labor shall commence 
     the administration of

[[Page 11696]]

     the provisions of subtitle D of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000, as 
     amended by this section, not later than 180 days after the 
     date of the enactment of this Act.
       (2) The Secretary of Energy and the Secretary of Labor 
     shall jointly take such actions as are appropriate--
       (A) to identify the activities under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as in effect on the day before the date of the 
     enactment of this Act, that will continue under that 
     subtitle, as amended by this section, upon the commencement 
     of the administration of that subtitle, as so amended, by the 
     Secretary of Labor under paragraph (1); and
       (B) to ensure the continued discharge of such activities 
     until the commencement of the administration of that 
     subtitle, as so amended, by the Secretary of Labor under 
     paragraph (1).
       (3)(A) In carrying out activities under paragraph (2), the 
     Secretary of Energy shall only conduct a causation review on 
     a claim if the claim is completely prepared and awaiting 
     review as of the date of the enactment of this Act.
       (B) Activities under paragraph (2) on any claim covered by 
     such activities that is not described by subparagraph (A) 
     shall be carried out by the Secretary of Labor.
       (e) Provision of Records.--The Secretary of Energy shall, 
     to the maximum extent practicable, complete the provision of 
     records to the Secretary of Labor under section 3668(c)(1) of 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000, as amended by this section, not later 
     than 60 days after the date of the enactment of this Act.
       (f) Site Profiles.--(1)(A) The Secretary of Labor shall 
     prepare a site profile for each of the 14 Department of 
     Energy facilities that have received the most number of 
     claims for compensation and benefits under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 as of the date of the enactment of this Act.
       (B) The Secretary of Labor shall prepare a site profile 
     under subparagraph (A) utilizing the former worker medical 
     screening programs of the Department of Energy.
       (2) If the Secretary of Labor determines that the 
     preparation of a site profile for a facility cannot be 
     performed under paragraph (1) because no worker medical 
     screening activities occurred for the facility, or that 
     preparation of the profile is otherwise impracticable, the 
     site profile for the facility shall be prepared by the 
     National Institute of Occupational Safety and Health.
       (3) All site profiles required by this subsection shall be 
     completed not later than 210 days after the date of the 
     enactment of this Act.
       (4) The Secretary of Energy shall provide the Secretary of 
     Labor with any support that the Secretary of Labor considers 
     necessary for carrying out this subsection.
       (5) In this subsection, the term ``site profile'', in the 
     case of a Department of Energy facility, means an exposure 
     assessment that--
       (A) identifies any processes and toxic substances used in 
     the facility;
       (B) establishes the times in which such toxic substances 
     were used in the facility; and
       (C) establishes the degree of exposure to such toxic 
     substances taking into account available records and studies 
     and information on such processes and toxic substances.
       (g) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Energy should--
       (1) adopt a policy not to oppose any final positive 
     determinations with respect to injured workers at Department 
     of Energy facilities and atomic weapons employer facilities 
     under State adjudication systems unless such determinations 
     are frivolous; and
       (2) incorporate the policy referred to in paragraph (1) in 
     all Department of Energy contracts with non-Federal 
     government entities to which such policy could apply.
       (h) Funding for Administration in Fiscal Year 2005.--(1) Of 
     the amount authorized to be appropriated for fiscal year 2005 
     by section 3102(a)(1) for environmental management for 
     defense site acceleration completion, $2,000,000 shall be 
     available for purposes of the administration of the 
     provisions of subtitle D of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000, as amended by this 
     section, during fiscal year 2005.
       (2) The Secretary of Energy shall transfer to the Secretary 
     of Labor the amount available under paragraph (1) for the 
     purposes specified in that paragraph.
       (3) The Secretary of Labor shall utilize amounts 
     transferred to the Secretary under paragraph (2) for the 
     purposes specified in paragraph (1).

     SEC. 3164. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF 
                   ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM.

       Notwithstanding any other provision of this Act, section 
     3143, relating to enhancements of the Energy Employees 
     Occupational Illness Compensation Program, shall have no 
     force or effect, and the amendments specified in such section 
     shall not be made.

     SEC. 3165. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY 
                   EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM IN WESTERN NEW 
                   YORK AND WESTERN PENNSYLVANIA REGION.

       (a) Findings.--The Senate makes the following findings:
       (1) New York has 36 current or former Department of Energy 
     facilities involved in nuclear weapons production-related 
     activities statewide, mostly atomic weapons employer 
     facilities, and 14 such facilities in western New York. 
     Despite having one of the greatest concentrations of such 
     facilities in the United States, western New York, and 
     abutting areas of Pennsylvania, continue to be severely 
     underserved by the Energy Employees Occupational Illness 
     Compensation Program under the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (title XXXVI of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398); 42 
     U.S.C. 7384 et seq.).
       (2) The establishment of a permanent resource center in 
     western New York would represent a substantial step toward 
     improving services under the Energy Employees Occupational 
     Illness Compensation Program for energy employees in this 
     region.
       (3) The number of claims submitted to the Department under 
     subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 from the western New York 
     region, including western Pennsylvania, exceeds the number of 
     such claims filed at resource centers in Hanford, Washington, 
     Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test 
     Site, Nevada, the Rocky Flats Environmental Technology Site, 
     Colorado, the Idaho National Engineering Laboratory, Idaho, 
     and the Amchitka Test Site, Alaska.
       (4) Energy employees in the western New York region, 
     including western Pennsylvania, deserve assistance under 
     subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 commensurate with the 
     assistance provided energy employees at other locations in 
     the United States.
       (b) Sense of Senate.--It is the sense of the Senate to 
     encourage the Office of Ombudsman of the Department of Labor, 
     as established by section 3669 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (as 
     amended by section 3163 of this Act), to--
       (1) review the availability of assistance under subtitle B 
     of the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 for energy employees in the western New 
     York region, including western Pennsylvania; and
       (2) recommend a location in that region for a resource 
     center to provide such assistance to such energy employees.
                                 ______
                                 
  SA 3438. Mr. McCONNELL (for himself, Mr. Bunning, Mr. Bingaman, Mr. 
Grassley, Mrs. Clinton, Mr. Domenici, Ms. Cantwell, Mr. Voinovich, Mr. 
Schumer, Mr. Alexander, Mr. Kennedy, Ms. Murkowski, Mrs. Murray, Mr. 
DeWine, and Mr. Talent) submitted an amendment intended to be proposed 
by him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title XXXI, add the following:

 Subtitle E--Energy Employees Occupational Illness Compensation Program

     SEC. 3161. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS 
                   EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL 
                   CONTAMINATION.

       (a) Coverage.--Paragraph (3) of section 3621 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (title XXXVI of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398); 42 U.S.C. 7384l) is amended to read 
     as follows:
       ``(3) The term `atomic weapons employee' means any of the 
     following:
       ``(A) An individual employed by an atomic weapons employer 
     during a period when the employer was processing or 
     producing, for the use by the United States, material that 
     emitted radiation and was used in the production of an atomic 
     weapon, excluding uranium mining and milling.
       ``(B) An individual employed--
       ``(i) at a facility with respect to which the National 
     Institute for Occupational Safety and Health, in its report 
     dated October 2003 and titled `Report on Residual Radioactive 
     and Beryllium Contamination at Atomic Weapons Employer 
     Facilities and Beryllium Vendor Facilities', or any update to 
     that report, found that there is a potential for significant 
     residual contamination outside of the period in which 
     weapons-related production occurred;
       ``(ii) by an atomic weapons employer or subsequent owner or 
     operators of a facility described in clause (i); and

[[Page 11697]]

       ``(iii) during a period, as specified in such report or any 
     update to such report, of potential for significant residual 
     radioactive contamination at such facility.''.
       (b) Funding Offset Relating to Extension of Customs User 
     Fees.--Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
       (1) by striking ``Fees'' and inserting ``(A) Except as 
     provided in subparagraph (B), fees''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Fees may not be charged under paragraphs (1) through 
     (8) of subsection (a) after June 1, 2005.''.

     SEC. 3162. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF 
                   FACILITIES.

       (a) Update of Report.--Not later than December 31, 2006, 
     the Director of the National Institute for Occupational 
     Safety and Health shall submit to Congress an update to the 
     report required by section 3151(b) of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     42 U.S.C. 7384 note).
       (b) Elements.--The update shall--
       (1) for each facility for which such report found that 
     insufficient information was available to determine whether 
     significant residual contamination was present, determine 
     whether significant residual contamination was present;
       (2) for each facility for which such report found that 
     significant residual contamination remained present as of the 
     date of the report, determine the date on which such 
     contamination ceased to be present;
       (3) for each facility for which such report found that 
     significant residual contamination was present but for which 
     the Director has been unable to determine the extent to which 
     such contamination is attributable to atomic weapons-related 
     activities, identify the specific dates of coverage 
     attributable to such activities and, in so identifying, 
     presume that such contamination is attributable to such 
     activities until there is evidence of decontamination of 
     residual contamination identified with atomic weapons-related 
     activities; and
       (4) if new information that pertains to the report has been 
     made available to the Director since that report was 
     submitted, identify and describe such information.
       (c) Publication.--The Director shall ensure that the report 
     referred to in subsection (a) is published in the Federal 
     Register not later than 15 days after being released.

     SEC. 3163. WORKERS COMPENSATION.

       (a) In General.--Subtitle D of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (title 
     XXXVI of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398); 42 U.S.C. 7385o) is amended to read as follows:

                   ``Subtitle D--Workers Compensation

     ``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR 
                   EMPLOYEES.

       ``(a) In General.--In this subtitle, the term `covered 
     Department of Energy contractor employee' means any 
     Department of Energy contractor employee determined under 
     section 3663 to have contracted an occupational illness or 
     covered illness through exposure at a Department of Energy 
     facility.
       ``(b) Exclusion of Illness Through Exposure After 
     Commencement of New Program.--For purposes of this subtitle, 
     an occupational illness or covered illness shall not include 
     any illness contracted by a Department of Energy contractor 
     employee through exposure at a Department of Energy facility 
     if the exposure occurs after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2005.

     ``SEC. 3662. WORKERS COMPENSATION.

       ``(a) In General.--Except as provided in subsection (b), a 
     covered Department of Energy contractor employee, or the 
     survivor of a covered Department of Energy contractor 
     employee if the covered Department of Energy contractor 
     employee is deceased, shall receive workers compensation in 
     an amount determined under section 3664.
       ``(b) Election To Proceed Under State Workers' Compensation 
     System.--(1) A Department of Energy contractor employee 
     otherwise covered by this section may elect to seek workers' 
     compensation under the appropriate State workers' 
     compensation system for the occupational illness or covered 
     illness of the covered Department of Energy contractor 
     employee rather than seek workers compensation for the 
     occupational illness or covered illness, as the case may be, 
     under this subtitle.
       ``(2) Any Department of Energy contractor employee making 
     an election under paragraph (1) who becomes entitled to 
     workers' compensation under the appropriate State workers' 
     compensation system following an election under that 
     paragraph is not entitled to receive workers compensation 
     under this subtitle.
       ``(c) Funding.--The Secretary of Labor shall make payments 
     of workers compensation under this section from amounts 
     authorized to be appropriated for such purpose under section 
     3670.

     ``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF 
                   OCCUPATIONAL OR COVERED ILLNESSES.

       ``(a) Employees Covered by Previous Determination of 
     Entitlement to Compensation and Benefits.--(1) A Department 
     of Energy contractor employee who has been determined to be 
     entitled to compensation and benefits for an occupational 
     illness contracted in the performance of duty at a Department 
     of Energy facility under subtitle B shall be treated as 
     having contracted the occupational illness through exposure 
     at the Department of Energy facility for purposes of this 
     subtitle.
       ``(2) A determination, pursuant to activities under 
     paragraph (2) of section 3163(d) of the National Defense 
     Authorization Act for Fiscal Year 2005 before or during the 
     period of transition of administration of this subtitle to 
     the Department of Labor under paragraph (1) of such section, 
     that an individual contracted an occupational illness through 
     exposure at a Department of Energy facility for purposes of 
     this subtitle shall be valid for purposes of this subtitle.
       ``(b) Other Employees.--In the case of a Department of 
     Energy contractor employee not previously covered by a 
     determination described in subsection (a) with respect to an 
     occupational illness, the Department of Energy contractor 
     employee shall be determined to have contracted an illness 
     (in this subtitle referred to as a `covered illness') through 
     exposure at a Department of Energy facility for purposes of 
     this subtitle if--
       ``(1) it is at least as likely as not that exposure to a 
     toxic substance was a significant factor in aggravating, 
     contributing to, or causing the illness; and
       ``(2) it is at least as likely as not that the exposure to 
     such toxic substance was related to employment at a 
     Department of Energy facility.
       ``(c) Determinations Regarding Employees Not Previously 
     Covered by Determination of Entitlement.--(1) The Secretary 
     of Labor shall make each determination under subsection (b) 
     as to whether or not a Department of Energy contractor 
     employee described in that subsection contracted a covered 
     illness related to employment at a Department of Energy 
     facility.
       ``(2) The Secretary may utilize the services of physicians 
     for purposes of making determinations under this subsection. 
     Any physicians so utilized shall possess appropriate 
     expertise and experience in the evaluation and diagnosis of 
     illnesses aggravated, contributed to, or caused by exposure 
     to toxic substances.
       ``(3) The Secretary may secure the services of physicians 
     under this subsection through the appointment of physicians 
     or by contract.
       ``(4) The Secretary shall consult with the Secretary of 
     Health and Human Services before utilizing the services of 
     physicians for purposes of making determinations under this 
     subsection.

     SEC. 3664. AMOUNT OF WORKERS COMPENSATION.

       ``(a) In General.--The amount of workers compensation 
     payable to a covered Department of Energy contractor 
     employee, or the eligible survivors of a covered Department 
     of Energy contractor employee, for an occupational illness or 
     covered illness under section 3662 is the amount of workers' 
     compensation to which the Department of Energy contractor 
     employee, or the eligible survivors, respectively, would 
     otherwise be entitled for the occupational illness or covered 
     illness, as the case may be, under the appropriate State 
     workers' compensation system.
       ``(b) Inapplicability of Certain State Workers' 
     Compensation System Limitations.--The amount of workers' 
     compensation to which a covered Department of Energy 
     contractor employee would otherwise be entitled under 
     subsection (a) shall be determined without regard to any 
     requirements under the appropriate State workers' 
     compensation system for each of the following:
       ``(1) Statutes of limitation, or other rules limiting 
     compensation to claims filed within a specified period after 
     last exposure to a toxic substance or after last employment 
     by an employer where the employee was exposed to a toxic 
     substance.
       ``(2) Exposure rules, including minimum periods of exposure 
     to toxic substances.
       ``(3) Causation rules more stringent that the standard in 
     section 3663(b).
       ``(4) Burdens of proof, quantum of proof standards, or both 
     more stringent than the standard in section 3663(b).
       ``(5) Return to work requirements, including obligations to 
     participate in vocational rehabilitation and medical 
     examinations connected with the ability to return to work.
       ``(6) Medical examinations in addition to medical 
     examinations required by the Secretary of Labor for the 
     application of section 3663 in determining causation or 
     required by the Secretary of Labor for the application of 
     subsection (c) in determining the amount of workers' 
     compensation payable.
       ``(c) Determination of Amount.--(1) The Secretary of Labor 
     shall determine the amount of workers compensation payable to 
     each covered Department of Energy contractor employee under 
     section 3662.
       ``(2)(A) The Secretary may utilize the assistance of the 
     workers' compensation system personnel of any State in making 
     determinations under paragraph (1).
       ``(B) The utilization of assistance under subparagraph (A) 
     shall be in accordance with

[[Page 11698]]

     an agreement entered into by the Secretary and the chief 
     executive officer of the State concerned.
       ``(C) An agreement under subparagraph (B) may provide for 
     the Secretary to reimburse the State concerned for the costs 
     of the State in providing assistance under the agreement.
       ``(3)(A) The Secretary may utilize the services of 
     physicians for purposes of making determinations under this 
     subsection.
       ``(B) Any physicians utilized under subparagraph (A) shall 
     possess appropriate expertise and experience in the 
     evaluation and determination of the extent of permanent 
     physical impairments.
       ``(C) The Secretary may secure the services of physicians 
     under subparagraph (A) through the appointment of physicians 
     or by contract.

     ``SEC. 3665. MEDICAL BENEFITS.

       ``(a) In General.--A Department of Energy contractor 
     employee eligible for workers compensation for an 
     occupational illness or covered illness under this subtitle 
     shall be furnished medical benefits specified in section 3629 
     for the occupational illness or covered illness, as the case 
     may be, to the same extent, and under the same conditions and 
     limitations, as an individual eligible for medical benefits 
     under that section is furnished medical benefits under that 
     section.
       ``(b) Funding.--Amounts for payments for medical benefits 
     under this section shall be derived from amounts authorized 
     to be appropriated for such purpose under section 3670.

     ``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.

       ``(a) Status as Department of Energy Contractor Employee.--
     An individual may seek the review of a determination that the 
     individual is not a Department of Energy contractor employee.
       ``(b) Eligibility and Amount of Workers Compensation.--A 
     Department of Energy contractor employee may seek the review 
     of any determination as follows:
       ``(1) A determination under section 3663(b) that the 
     Department of Energy contractor employee is not a covered 
     Department of Energy contractor employee.
       ``(2) A determination under 3664 of the amount of workers 
     compensation payable to the Department of Energy contractor 
     employee under section 3662.
       ``(c) Review.--(1) The review of a determination under 
     subsection (a) or (b) shall be conducted by the Secretary of 
     Labor in accordance with procedures applicable for the review 
     of claims under sections 30.310 through 30.320 of title 20, 
     Code of Federal Regulations, or any successor regulations.
       ``(2)(A) The review of a determination under subsection 
     (b)(1) shall include review by a physician or physician 
     panel.
       ``(B) Each physician or physician on a panel under 
     subparagraph (A) shall be a physician with experience and 
     competency in diagnosing illnesses aggravated, contributed 
     to, or caused by exposure to toxic substances.
       ``(C) The Secretary of Labor may investigate any allegation 
     that a physician appointed under this paragraph has a 
     conflict of interest. If the Secretary of Labor determines 
     that a conflict of interest exists, the Secretary shall 
     notify the Secretary of Health and Human Services, who shall 
     review the allegation.
       ``(D) Each review by a physician or physician panel under 
     subparagraph (A) shall be conducted in accordance with such 
     procedures as the Secretary shall prescribe.
       ``(3)(A) The results of each review under this subsection 
     shall be submitted to the Secretary.
       ``(B) The Secretary shall accept the results of any portion 
     of a review under this subsection that consists of a review 
     by a physician or physician panel under paragraph (2) unless 
     there is substantial evidence to the contrary.
       ``(d) Reversal of Determinations.--Except as provided in 
     subsection (c)(3)(B), the Secretary of Labor may vacate or 
     reverse any determination described in subsection in 
     subsection (a) or (b) if the Secretary determines, as the 
     result of a review of such determination under subsection 
     (c), that such determination was erroneous.

     ``SEC. 3667. ATTORNEY FEES.

       ``(a) In General.--Except as provided in subsection (b), 
     the provisions of section 3648 shall apply to the 
     availability of attorney fees for assistance on a claim under 
     this subtitle to the same extent, and subject to the same 
     conditions and limitations, that such provisions apply to the 
     availability of attorney fees for assistance on a claim under 
     subtitle B.
       ``(b) Attorney Fee Schedule.--(1) The Secretary of Labor 
     may, by regulation, modify the application of section 3648 to 
     the availability of attorney fees under this subtitle to 
     establish a schedule for attorney fees under this subtitle 
     that will ensure representation of claimants and appropriate 
     compensation for such representation.
       ``(2) The amount of attorney fees for assistance on claims 
     under the schedule of attorney fees shall take into 
     appropriate account the nature and complexity of the legal 
     issues involved in such claims and the procedural level at 
     which assistance is given.

     ``SEC. 3668. ADMINISTRATIVE MATTERS.

       ``(a) In General.--The Secretary of Labor shall administer 
     the provisions of this subtitle.
       ``(b) Contract Authority.--(1) The Secretary may enter into 
     contracts with appropriate persons and entities in order to 
     administer the provisions of this subtitle.
       ``(2) The authority of the Secretary to enter into 
     contracts under this subtitle shall be effective in any 
     fiscal year only to the extent and in such amount as are 
     provided in advance in appropriations Acts.
       ``(c) Records.--(1)(A) The Secretary of Energy shall 
     provide to the Secretary of Labor all records, files, and 
     other data, whether paper, electronic, imaged, or otherwise, 
     developed by the Secretary of Energy that are applicable to 
     the administration of the provisions of this subtitle by the 
     Secretary of Labor, including records, files, and data on 
     facility industrial hygiene, employment of individuals or 
     groups, exposure and medical records, and claims 
     applications.
       ``(B) In providing records, files, and other data under 
     this paragraph, the Secretary of Energy shall preserve the 
     current organization of such records, files, and other data, 
     and shall provide such description and indexing of such 
     records, files, and other data as the Secretary of Energy and 
     the Secretary of Labor jointly consider appropriate to 
     facilitate their use by the Secretary of Labor for purposes 
     of this subtitle.
       ``(2) The Secretary of Energy and the Secretary of Labor 
     shall jointly undertake such actions as are appropriate to 
     retrieve records applicable to the claims of Department of 
     Energy contractor employees for workers compensation under 
     this subtitle, including employment records, records of 
     exposure to beryllium, radiation, silicon, or metals or 
     volatile organic chemicals, and records regarding medical 
     treatment.
       ``(d) Regulations.--The Secretary of Labor shall prescribe 
     regulations necessary for the administration of the 
     provisions of this subtitle.

     ``SEC. 3669. OFFICE OF OMBUDSMAN.

       ``(a) Establishment.--There is established in the 
     Department of Labor an office to be known as the `Office of 
     the Ombudsman' (in this section referred to as the `Office').
       ``(b) Head.--The head of the Office shall be the Ombudsman. 
     The individual serving as Ombudsman shall be either of the 
     following:
       ``(1) An officer or employee of the Department of Labor 
     designated by the Secretary for purposes of this section from 
     among officers and employees of the Department who have 
     experience and expertise necessary to carry out the duties of 
     the Office specified in subsection (c).
       ``(2) An individual employed by the Secretary from the 
     private sector from among individuals in the private sector 
     who have experience and expertise necessary to carry out the 
     duties of the Office specified in subsection (c).
       ``(c) Duties.--The duties of the Office shall be as 
     follows:
       ``(1) To assist individuals in making claims under this 
     subtitle.
       ``(2) To provide information on the benefits available 
     under this subtitle and on the requirements and procedures 
     applicable to the provision of such benefits.
       ``(3) To act as an advocate on behalf of individuals 
     seeking benefits under this subtitle.
       ``(4) To make recommendations to the Secretary regarding 
     the location of centers (to be known as `resource centers') 
     for the acceptance and development of claims for benefits 
     under this subtitle.
       ``(5) To carry out such other duties with respect to this 
     subtitle as the Secretary shall specify for purposes of this 
     section.
       ``(d) Independent Office.--The Secretary shall take 
     appropriate actions to ensure the independence of the Office 
     within the Department of Labor, including independence from 
     other officers and employees of the Department engaged in 
     activities relating to the administration of the provisions 
     of this subtitle.
       ``(e) Annual Report.--(1) Not later than February 15 each 
     year, the Ombudsman shall submit to Congress a report on 
     activities under this subtitle.
       ``(2) Each report under paragraph (1) shall set forth the 
     following:
       ``(A) The number and types of complaints, grievances, and 
     requests for assistance received by the Ombudsman under this 
     subtitle during the preceding year.
       ``(B) An assessment of the most common difficulties 
     encountered by claimants and potential claimants under this 
     subtitle during the preceding year.
       ``(C) Such recommendations as the Ombudsman considers 
     appropriate for the improvement of the practices of the 
     Department of Labor in administering this subtitle.
       ``(D) Such recommendations at the Ombudsman considers 
     appropriate for modifying the authorities and requirements of 
     this subtitle in order to better address the workers 
     compensation interests of covered Department of Energy 
     contractor employees and others, as determined by the 
     Ombudsman, meriting benefits under this subtitle.
       ``(3) No official of the Department of Labor, or of any 
     other department or agency of the Federal Government, may 
     require the review or approval of a report of the Ombudsman 
     under this subsection before the submittal of such report to 
     Congress.

[[Page 11699]]

       ``(f) Outreach.--The Secretary of Labor and the Secretary 
     of Health and Human Services shall each undertake outreach to 
     advise the public of the existence and duties of the Office.

     ``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Labor for fiscal year 
     2005 and each fiscal year thereafter such sums as may be 
     necessary in such fiscal year for--
       ``(1) the provision of compensation and benefits under this 
     subtitle; and
       ``(2) the administration of the provisions of this 
     subtitle.
       ``(b) Availability Without Fiscal Year Limitation.--Amounts 
     authorized to be appropriated by subsection (a) shall remain 
     available without fiscal year limitation.
       ``(c) Availability of Amounts Subject to Appropriations 
     Acts.--The authority to provide compensation and benefits 
     under this subtitle shall be effective in any fiscal year 
     only to the extent and in such amounts as are provided in 
     advance in appropriations Acts.''.
       (b) Conforming Amendment.--Section 3643 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7385b) is amended by striking ``The 
     acceptance'' and inserting ``Except as provided in subtitle 
     D, the acceptance''.
       (c) Regulations.--The Secretary of Labor shall prescribe 
     the regulations required by section 3668(d) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000, as amended by this section, not later than 120 days 
     after the date of the enactment of this Act. The Secretary 
     may prescribe interim final regulations necessary to meet the 
     deadlines specified in the preceding sentence and subsection 
     (d)(1).
       (d) Transition.--(1) The Secretary of Labor shall commence 
     the administration of the provisions of subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as amended by this section, not later than 180 
     days after the date of the enactment of this Act.
       (2) The Secretary of Energy and the Secretary of Labor 
     shall jointly take such actions as are appropriate--
       (A) to identify the activities under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as in effect on the day before the date of the 
     enactment of this Act, that will continue under that 
     subtitle, as amended by this section, upon the commencement 
     of the administration of that subtitle, as so amended, by the 
     Secretary of Labor under paragraph (1); and
       (B) to ensure the continued discharge of such activities 
     until the commencement of the administration of that 
     subtitle, as so amended, by the Secretary of Labor under 
     paragraph (1).
       (3)(A) In carrying out activities under paragraph (2), the 
     Secretary of Energy shall only conduct a causation review on 
     a claim if the claim is completely prepared and awaiting 
     review as of the date of the enactment of this Act.
       (B) Activities under paragraph (2) on any claim covered by 
     such activities that is not described by subparagraph (A) 
     shall be carried out by the Secretary of Labor.
       (e) Provision of Records.--The Secretary of Energy shall, 
     to the maximum extent practicable, complete the provision of 
     records to the Secretary of Labor under section 3668(c)(1) of 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000, as amended by this section, not later 
     than 60 days after the date of the enactment of this Act.
       (f) Site Profiles.--(1)(A) The Secretary of Labor shall 
     prepare a site profile for each of the 14 Department of 
     Energy facilities that have received the most number of 
     claims for compensation and benefits under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 as of the date of the enactment of this Act.
       (B) The Secretary of Labor shall prepare a site profile 
     under subparagraph (A) utilizing the former worker medical 
     screening programs of the Department of Energy.
       (2) If the Secretary of Labor determines that the 
     preparation of a site profile for a facility cannot be 
     performed under paragraph (1) because no worker medical 
     screening activities occurred for the facility, or that 
     preparation of the profile is otherwise impracticable, the 
     site profile for the facility shall be prepared by the 
     National Institute of Occupational Safety and Health.
       (3) All site profiles required by this subsection shall be 
     completed not later than 210 days after the date of the 
     enactment of this Act.
       (4) The Secretary of Energy shall provide the Secretary of 
     Labor with any support that the Secretary of Labor considers 
     necessary for carrying out this subsection.
       (5) In this subsection, the term ``site profile'', in the 
     case of a Department of Energy facility, means an exposure 
     assessment that--
       (A) identifies any processes and toxic substances used in 
     the facility;
       (B) establishes the times in which such toxic substances 
     were used in the facility; and
       (C) establishes the degree of exposure to such toxic 
     substances taking into account available records and studies 
     and information on such processes and toxic substances.
       (g) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Energy should--
       (1) adopt a policy not to oppose any final positive 
     determinations with respect to injured workers at Department 
     of Energy facilities and atomic weapons employer facilities 
     under State adjudication systems unless such determinations 
     are frivolous; and
       (2) incorporate the policy referred to in paragraph (1) in 
     all Department of Energy contracts with non-Federal 
     government entities to which such policy could apply.
       (h) Funding for Administration in Fiscal Year 2005.--(1) Of 
     the amount authorized to be appropriated for fiscal year 2005 
     by section 3102(a)(1) for environmental management for 
     defense site acceleration completion, $2,000,000 shall be 
     available for purposes of the administration of the 
     provisions of subtitle D of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000, as amended by this 
     section, during fiscal year 2005.
       (2) The Secretary of Energy shall transfer to the Secretary 
     of Labor the amount available under paragraph (1) for the 
     purposes specified in that paragraph.
       (3) The Secretary of Labor shall utilize amounts 
     transferred to the Secretary under paragraph (2) for the 
     purposes specified in paragraph (1).

     SEC. 3164. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF 
                   ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION PROGRAM.

       Notwithstanding any other provision of this Act, section 
     3143, relating to enhancements of the Energy Employees 
     Occupational Illness Compensation Program, shall have no 
     force or effect, and the amendments specified in such section 
     shall not be made.

     SEC. 3165. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY 
                   EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM IN WESTERN NEW 
                   YORK AND WESTERN PENNSYLVANIA REGION.

       (a) Findings.--The Senate makes the following findings:
       (1) New York has 36 current or former Department of Energy 
     facilities involved in nuclear weapons production-related 
     activities statewide, mostly atomic weapons employer 
     facilities, and 14 such facilities in western New York. 
     Despite having one of the greatest concentrations of such 
     facilities in the United States, western New York, and 
     abutting areas of Pennsylvania, continue to be severely 
     underserved by the Energy Employees Occupational Illness 
     Compensation Program under the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (title XXXVI of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398); 42 
     U.S.C. 7384 et seq.).
       (2) The establishment of a permanent resource center in 
     western New York would represent a substantial step toward 
     improving services under the Energy Employees Occupational 
     Illness Compensation Program for energy employees in this 
     region.
       (3) The number of claims submitted to the Department under 
     subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 from the western New York 
     region, including western Pennsylvania, exceeds the number of 
     such claims filed at resource centers in Hanford, Washington, 
     Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test 
     Site, Nevada, the Rocky Flats Environmental Technology Site, 
     Colorado, the Idaho National Engineering Laboratory, Idaho, 
     and the Amchitka Test Site, Alaska.
       (4) Energy employees in the western New York region, 
     including western Pennsylvania, deserve assistance under 
     subtitle B of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 commensurate with the 
     assistance provided energy employees at other locations in 
     the United States.
       (b) Sense of Senate.--It is the sense of the Senate to 
     encourage the Office of Ombudsman of the Department of Labor, 
     as established by section 3669 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (as 
     amended by section 3163 of this Act), to--
       (1) review the availability of assistance under subtitle B 
     of the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 for energy employees in the western New 
     York region, including western Pennsylvania; and
       (2) recommend a location in that region for a resource 
     center to provide such assistance to such energy employees.
                                 ______
                                 
  SA 3439. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

[[Page 11700]]



     SEC. 1068. DESIGNATION.

       Chapter 159 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 2697. Designation of the Ronald Reagan National 
       Defense Building

       ``(a) Designation.--The Pentagon Office Building located in 
     Arlington, Virginia shall be known and designated as the 
     `Ronald Reagan National Defense Building'.
       ``(b) Reference.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Pentagon Office Building referred to in subsection (a) shall 
     be deemed to be a reference to the `Ronald Reagan National 
     Defense Building'.''.
                                 ______
                                 
  SA 3440. Mr. ENSIGN (for himself, Mr. Graham of South Carolina, and 
Mr. Chambliss) 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 272, after the matter following line 18, insert the 
     following:

     SEC. 1055. UNITED NATIONS OIL-FOR-FOOD PROGRAM

       (a) Responsibility of Inspector General of the Department 
     of Defense for Security of Documents.--(1) The Inspector 
     General of the Department of Defense, in cooperation with the 
     Director of the Defense Contract Audit Agency and the 
     Director of the Defense Contract Management Agency, shall 
     ensure, not later than June 30, 2004, the security of all 
     documents relevant to the United Nations Oil-for-Food Program 
     that are in the possession or control of the Coalition 
     Provisional Authority.
       (2) The Inspector General shall maintain copies of all such 
     documents in the United States at the Department of Defense.
       (b) Cooperation in Investigations.--Each head of an 
     Executive agency, including the Department of State, the 
     Department of Defense, the Department of the Treasury, and 
     the Central Intelligence Agency, and the Administrator of the 
     Coalition Provisional Authority shall, upon a request in 
     connection with an investigation of the United Nations Oil-
     for-Food Program made by the chairman of the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on the Judiciary, the Committee on Governmental 
     Affairs, the Select Committee on Intelligence, or other 
     committee of the Senate with relevant jurisdiction, promptly 
     provide to such chairman access to such information and 
     documents under the control of such agency as are responsive 
     to the request, and assistance relating to access to and 
     utilization of such information and documents.
       (c) Information from the United Nations.--(1) The President 
     shall instruct the Secretary of State and the United States 
     Representative to the United Nations to request from the 
     United Nations copies of all audits and core documents 
     related to the United Nations Oil-for-Food Program.
       (2) It is the sense of Congress that, pursuant to section 
     941(b)(6) of the United Nations Reform Act of 1999 (title IX 
     of division A of H.R. 3427 of the 106th Congress, as enacted 
     into law by section 1000(a)(7) of Public Law 106-113; 113 
     Stat. 1501A-480), the Comptroller General of the United 
     States should have full and complete access to financial data 
     relating to the United Nations, including information related 
     to the financial transactions, organization, and activities 
     of the United Nations Oil-for-Food Program.
       (3) The Secretary of State shall facilitate the providing 
     of access to the Comptroller General to the financial data 
     described in paragraph (2).
       (d) Review of Oil-for-Food Program by Comptroller 
     General.--(1) The Comptroller General of the United States 
     shall conduct a review of United States oversight of the 
     United Nations Oil-for-Food Program. In accordance with 
     Generally Accepted Government Auditing Standards, the review 
     should not interfere with any ongoing investigations or 
     inquiries related to the Oil-for-Food program.
       (2) The head of each Executive agency shall fully cooperate 
     with the review under this subsection.
       (e) Executive Agency Defined.--In this section, the term 
     ``Executive agency'' has the meaning given that term in 
     section 105 of title 5, United States Code.
                                 ______
                                 
  SA 3441. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       Before committing to the acquisition of any aerial 
     refueling aircraft for the Air Force, the Secretary of the 
     Air Force shall comply with the statutory provisions 
     regarding operational test and evaluation by providing for 
     full operational test and evaluation of such aircraft in a 
     fully coordinated Test and Evaluation Master Plan.

     SEC. 869. INTEGRATED SUPPORT FOR AERIAL REFUELING AIRCRAFT 
                   UNDER THE TANKER PROGRAM OF THE AIR FORCE.

       (a) Selection of Provider of Support.--For the selection of 
     a provider of integrated support for the tanker aircraft 
     fleet under the tanker lease program of the Air Force, the 
     Secretary of the Air Force shall--
       (1) before selecting the provider, perform all analyses 
     required by law of--
       (A) the costs and benefits of--
       (i) the alternative of using Federal Government personnel 
     to provide such support; and
       (ii) the alternative of using contractor personnel to 
     provide such support;
       (B) the core logistics requirements;
       (C) use of performance-based logistics; and
       (D) the length of contract period; and
       (2) select the provider on the basis of full and open 
     competition that has been conducted fairly.
       (b) Definition.--In this section, the term ``full and open 
     competition'' has the meaning given such term in section 4(6) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(6)).
                                 ______
                                 
  SA 3442. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) Commercial Item Procurement.--The Assistant Secretary 
     of the Air Force (Acquisition) shall discontinue the 
     commercial item procurement strategy for the leasing of 
     aerial refueling aircraft for the Air Force and replace 
     fixed-price contracts for initial development, modification, 
     and integrated fleet support with cost or fixed-price 
     incentive type contracts that would require the aircraft 
     manufacturer to provide cost or pricing data directly to the 
     Government.
       (b) Cost or Pricing Data.--Before the Secretary of the Air 
     Force commits to the leasing of any aerial refueling aircraft 
     for the Air Force under the aerial refueling aircraft lease 
     program of the Air Force, the aircraft manufacturer shall 
     provide cost or pricing data for aerial refueling aircraft 
     that reflects the prices at which the same item has been 
     previously sold in identical quantities and negotiate prices 
     for aircraft engines directly with the engine manufacturers.
       (c) Audit Services.--The Secretary of the Air Force shall 
     contact the Office of the Inspector General for the 
     Department of Defense for review and approval of any Air 
     Force use of non-Federal audit services for any contract for 
     the acquisition of aerial refueling aircraft under the tanker 
     lease program of the Air Force.
       (d) Restrictions.--(1) The Secretary of the Air Force shall 
     not enter into a lease for any aerial refueling aircraft for 
     the Air Force previously authorized under section 8159 of the 
     Department of Defense Appropriations Act, 2002 or section 135 
     of the National Defense Authorization Act for Fiscal Year 
     2004 that provides for use of a public-private partnership, a 
     special purpose entity, or any other form of third-party 
     financing for leasing the aircraft.
       (2) The Secretary of the Air Force shall not enter into the 
     proposed lease for any aerial refueling aircraft for the Air 
     Force until an entity independent of the Air Force (on the 
     basis of a study not funded out of funds available to the Air 
     Force) determines that leasing rather than purchasing aerial 
     refueling aircraft for the Air Force represents the best 
     value for the Government.
                                 ______
                                 
  SA 3443. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       Consistent with direction from the acting Under Secretary 
     of Defense for Acquisition,

[[Page 11701]]

     Technology, and Logistics to the Secretary of the Air Force 
     regarding the execution of an aerial refueling analysis of 
     alternatives (AOA), the Secretary of the Air Force shall not 
     enter into the proposed lease of any aerial refueling 
     aircraft until the Secretary completes and certifies to a 
     valid requirements document tailored to the joint service 
     requirements of the warfighter for aerial refueling tankers 
     (as set forth in the missions needs statement) and 
     operational parameters for aerial refueling aircraft. The 
     system specifications developed for the first spiral of 
     aerial refueling aircraft shall include all threshold 
     requirements that are set forth in the missions needs 
     statement. While the requirements document is being 
     developed, the Secretary of the Air Force shall not provide 
     the contractor with anything other than answers to factual 
     questions when asked. The Secretary of the Air Force shall 
     not have other input or interaction with the contractor.
                                 ______
                                 
  SA 3444. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 868. RESTRICTION ON LEASE OF AERIAL REFUELING AIRCRAFT 
                   BY THE AIR FORCE.

       The Secretary of the Air Force shall not enter into a lease 
     for any aerial refueling aircraft for the Air Force until--
       (1) authority for the Secretary to enter into a lease-
     purchase contract for the procurement of such aircraft is 
     provided in a law enacted after the date of the enactment of 
     this Act; or
       (2) in the case of a lease of such aircraft that provides 
     for use of a public-private partnership, a special purpose 
     entity, or any other form of third-party financing for 
     leasing the aircraft, the Secretary has negotiated (or 
     renegotiated) the lease terms to meet the requirements of 
     Office of Management and Budget Circular A-11 (as revised for 
     2003) that are applicable to such an arrangement.
                                 ______
                                 
  SA 3445. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 868. PROHIBITION OF LEASING OF CERTAIN AIRCRAFT FOR THE 
                   AIR FORCE.

       (a) Prohibition.--The Secretary of the Air Force may not 
     lease Boeing 767 aircraft for the Air Force.
       (b) Repeal of Existing Authority.--(1) Section 135 of the 
     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a) is 
     amended by striking subsections (a), (b), and (d).
       (2) Section 8159 of the Department of Defense 
     Appropriations Act, 2002 (division A of Public Law 107-117; 
     115 Stat. 2284) is amended--
       (A) in subsection (a), by striking ``Boeing 767 aircraft 
     and''; and
       (B) in subsection (f), by striking ``100 Boeing 767 
     aircraft and''.
                                 ______
                                 
  SA 3446. Mr. SCHUMER 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. SENSE OF THE SENATE CONCERNING OIL MARKETS.

       (a) Findings.--Congress finds that--
       (1) this Act authorizes $120,509,301,000 for operation and 
     maintenance;
       (2) the President's fiscal year 2005 budget request for the 
     Department of Defense for operation and maintenance includes 
     $2,889,655,000 for the purchase of fuel; and
       (3) if left unchecked, the unprecedented cost of oil may 
     force the Department of Defense to expend more funding than 
     anticipated to meet its fuel needs.
       (b) Sense of the Senate Concerning Oil Markets.--It is the 
     sense of the Senate that, in order to ensure that the amount 
     of funding authorized for fuel expenditures is adequate to 
     meet the needs of the Department of Defense, the President 
     should suspend deliveries of oil to the Strategic Petroleum 
     Reserve and release 1,000,000 barrels of oil per day from the 
     Strategic Petroleum Reserve for 30 days following the date of 
     enactment of this Act and, if necessary, for an additional 30 
     days beyond that.
                                 ______
                                 
  SA 3447. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 1068. DESIGNATION.

       (a) Designation.--The Missile Defense Agency shall be known 
     and designated as the ``Ronald Reagan Missile Defense 
     Agency''.
       (b) Reference.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Missile Defense Agency referred to in subsection (a) shall be 
     deemed to be a reference to the ``Ronald Reagan Missile 
     Defense Agency''.

                          ____________________