[House Report 108-499]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-499
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 4200, NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2005
_______
May 19 (legislative day, May 18), 2004.--Referred to the House Calendar
and ordered to be printed
_______
Ms. Myrick, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 648]
The Committee on Rules, having had under consideration
House Resolution 648, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4200, the
National Defense Authorization Act for Fiscal Year 2005, under
a structured rule. The rule provides two hours of general
debate equally divided and controlled by the chairman and
ranking minority member of the Committee on Armed Services. The
rule waives all points of order against consideration of the
bill.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Armed Services now
printed in the bill shall be considered as an original bill for
the purpose of amendment and shall be considered as read. The
rule waives all points of order against the amendment in the
nature of a substitute recommended by the Committee on Armed
Services.
The rule makes in order only those amendments printed in
this report and amendments en bloc described in section 3 of
the resolution. The rule provides that amendments shall be
considered only in the order specified in this report (except
as specified in section 4 of the resolution), may be offered
only by a Member designated in this report, shall be debatable
for 10 minutes (unless otherwise specified in this report)
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment (except that the
chairman and ranking minority member of the Committee on Armed
Services each may offer one pro forma amendment for the purpose
of further debate on any pending amendment), shall be
considered as read, and shall not be subject to a demand for
division of the question in the House or in the Committee of
the Whole. The rule waives all points of order against the
amendments printed in this report and those amendments en bloc
as described in section 3 of the resolution.
The rule authorizes the Chairman of the Committee on Armed
Services or his designee to offer amendments en bloc consisting
of amendments printed in this report not earlier disposed of,
which shall be considered as read, shall be debatable for 20
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Armed Services or
their designees, and shall not be subject to amendment or
demand for a division of the question in the House or in the
Committee of the Whole. The rule provides that the original
proponent of an amendment included in such amendments en bloc
may insert a statement in the Congressional Record immediately
before the disposition of the amendments en bloc.
The rule allows the Chairman of the Committee of the Whole
to recognize for consideration of any amendment printed in this
report out of the order printed, but not sooner than one hour
after the chairman of the Committee on Armed Services or a
designee announces from the floor a request to that effect.
Finally, the rule provides one motion to recommit with or
without instructions.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 259
Date: May 19, 2004 (legislative day of May 18, 2004).
Measure: H.R. 4200--National Defense Authorization Act for
Fiscal Year 2005.
Motion by: Mr. Frost.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment by Representative Cooper
to authorize supplemental appropriations in the amount of $67.7
billion to pay for the wars in Iraq and Afghanistan. Replaces
language in the committee reported bill that authorizes $25
billion, but preserves funding for force protection, additional
troops, and unfunded requirements included in the bill as
reported.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 260
Date: May 19, 2004 (legislative day of May 18, 2004).
Measure: H.R. 4200--National Defense Authorization Act for
Fiscal Year 2005.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order and grant the
appropriate waivers for an amendment by Representative Loretta
Sanchez repealing Article 120 of the Uniformed Code of Military
Justice and replaces it with a sexual abuse statute patterned
on 18 U.S.C. Sec. Sec. 2241-2247.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 261
Date: May 19, 2004 (legislative day of May 18, 2004).
Measure: H.R. 4200--National Defense Authorization Act for
Fiscal Year 2005.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Dicks establishing minimum standards in the treatment of
detainees during imprisonment and interrogation. Applies to
personnel of the Department of Defense and Central Intelligence
Agency, and their contractors. Prohibits sexual humiliation,
prolonged enforced nudity, prolonged hooding, animal violence,
chronic prolonged sleep deprivation, simulated drowning, and
practices that clearly violate Common Article 3 of the Geneva
Conventions.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 262
Date: May 19, 2004 (legislative day of May 18, 2004).
Measure: H.R. 4200--National Defense Authorization Act for
Fiscal Year 2005.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Slaughter allowing individuals to apply for benefits under the
Energy Employees Occupational Illness Compensation Act if they
developed covered illnesses and worked at facilities that the
National Institute of Occupational Safety and Health (NIOSH)
has found the potential for significant residual contamination
(NIOSH's November 2003 report). Requires NIOSH to update the
residual contamination report in 2005, 2006, 2007 for sites
where NIOSH has indicated it lacked sufficient information to
reach conclusions.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 263
Date: May 19, 2004 (legislative day of May 18, 2004).
Measure: H.R. 4200--National Defense Authorization Act for
Fiscal Year 2005.
Motion by: Mr. McGovern.
Summary of motion: To make in order and grant the
appropriate waivers to the amendment by Representative Spratt
providing $414.4 million for targeted pay raises, reimbursement
of life insurance premiums for service members that are in
imminent danger, three Marine Corps' troop protection unfunded
requirements, and improvements to the PAC-3 ballistic missile
defense system. Offset by targeted cuts to four ballistic
missile defense program elements, the Ground-based Midcourse
Defense system, BMD Products, BMD Technology, and the BMD
Systems Interceptor.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 264
Date: May 19, 2004 (legislative day of May 18, 2004).
Measure: H.R. 4200--National Defense Authorization Act for
Fiscal Year 2005.
Motion by: Mr. McGovern.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Matheson providing that the United States may not resume
testing of nuclear weapons or any other nuclear explosive
devices unless authorized by Congress.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 265
Date: May 19, 2004 (legislative day of May 18, 2004).
Measure: H.R. 4200--National Defense Authorization Act for
Fiscal Year 2005.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Waters providing that the Secretary of Defense shall take such
steps as necessary to (1) require and encourage any member of
the Armed Forces who sees, hears, or otherwise learns of
anything that may be a violation of United States law, the
Geneva Conventions, or Department of Defense interrogation
policies and practices to report the matter to the member's
superiors and (2) to provide that any such member who makes
such a report does not suffer any adverse consequence,
including any reduction in rank or pay, any loss of promotion
authority, or any adverse duty assignment, by reason of making
the report.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 266
Date: May 19, 2004 (legislative day of May 18, 2004).
Measure: H.R. 4200--National Defense Authorization Act for
Fiscal Year 2005.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Hoeffel expressing the sense of Congress that the mobilization
of additional troops in Iraq is necessary and that the United
States should seek further involvement from international
coalitions in establishing security in Iraq. Urges the
enagement of NATO and the Arab League for that purpose.
Results: Defeated 4 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea;
Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
(Summaries of amendments derived from information provided
by the sponsor.)
1. Goode: Authorizes the Secretary of Defense to assign
members of the Army, Navy, Air Force, and Marine Corps, under
certain cicumstances and subject to certain conditions, to
assist the Department of Homeland Security in the performance
of border protection functions. (20 Minutes)
2. Davis, Susan (CA): Repeals the prohibition on
servicewomen and female military dependents from using their
own funds for abortions at overseas military hospitals. (20
Minutes)
3. Hunter: Expresses the sense of Congress concerning the
abuse of persons in custody in Iraq. (20 Minutes)
4. Weldon, Curt (PA)/Murtha: Expresses the sense of
Congress that the Secretary of Defense should assist the Iraqi
government in destroying the Abu Gharib prison and replacing it
with a modern detention facility. Includes findings on the
history of Abu Gharib prison. (20 Minutes)
5. Meek: Moves mission-critical information from the
commissioning authority up to the highest levels in short order
when that information portends events or situations detrimental
to our strategic plan. Requires that the Secretary give
guidance to all Department of Defense personnel with authority
to commission assessments, evaluations, or investigations on
what types of information would be necessary to pass up the
chain of command. The guidance would specifically target those
items of such potentially volatile nature as to give even the
layman a reason to raise a red flag. (20 Minutes)
6. Hastings, Alcee (FL): Expresses the sense of Congress
that no funds available to any department or agency of the
United States Government may be used to provide assistance for
the reconstruction of Iraq unless the President certifies to
Congress that the United States Government has entered into an
agreement with the Iraqi Governing Council or a transitional
government in Iraq under which Iraq agrees that it will expend
a significant portion of its revenues generated from oil
production for reconstruction activities in Iraq. (20 Minutes)
7. Jones, Walter (NC): Adds the United States Coast Guard
Academy and the United States Merchant Marine Academy to the
list of institutions covered under section 556 of H.R. 4220
regarding prayer at military service academies. (20 Minutes)
8. Kennedy, Mark (MN): Eliminates the 2-year BRAC delay
contained in H.R. 4200. Requires certain reports be submitted
to Congress approximately six months before any potential vote
to disapprove the recommendations of the BRAC Commission in
order to review and hold hearings on the report. (20 Minutes)
9. Tauscher/Markey/Skelton/Dicks/Allen/Spratt: Transfers
$36,557,000 from the Department of Energy's Robust Nuclear
Earth Penetrator and Advanced Concepts programs to increase
both intelligence capabilities to get at hard and deeply buried
targets and improve conventional bunker-busting capabilities.
(20 Minutes)
10. Hunter: Provides that individuals that support programs
of the ``Employer Support of the Guard and the Reserve,'' as
authorized by the Secretary of Defense, are to be considered
federal employees for the purposes of protection under various
federal laws, requires a report before the Secretary implements
a new program for the transportation of household goods of
members of the Armed Forces, and their dependents, increases
the transfer authority contained in the FY 2004 Defense
Authorization Act from $2.5 billion to $3.0 billion, increases
funding, with offsets, for Patriot missile procurement,
requires a report from the Secretary of Defense on amounts
remitted and reimbursed under section 1007 of the FY 2004
Defense Authorization Act, makes the provision in Title 15 in
HR 4200, as reported, effective upon enactment, and makes a
technical cite correction. (10 Minutes)
11. Wamp: Makes following changes to Energy Employees
Occupational Illness Compensation Program: (1) Eliminates pay
cap for physicians and lets the market set the rate; (2)
Eliminates restrictions on hiring authority, allowing
Department of Energy to hire a federal or contractor employee;
(3) Eliminates the requirement that an application can only go
to Panel if a State agreement is in place, but still authorizes
State agreements which Department of Energy will still use for
data and information exchanges (10 Minutes)
12. Dicks: Clarifies provisions in the bill relating to
tanker procurement. Recommends a deadline of March 1, 2005 for
the Department of Defense to resolve contract negotiations on
tankers. (10 Minutes)
13. Hastings, Doc (WA): Restores $100 million to the
Department of Energy's Defense Site Acceleration Completion
account for a total of $350 million (the President's budget
request level) for ``Waste Incidental to Reprocessing.''
Offsets with a reduction in Air Force Operation and Maintenance
Account of $100 million, to be derived from the transportation
capital fund. (10 Minutes)
14. Slaughter/Capito/Solis/Brown-Waite: Requires the
Secretary of Defense to develop a comprehensive policy for the
Department of Defense on the prevention of and response to
sexual assaults involving members of the Armed Forces, based on
the recommendations of the DoD Task Force on Care for Victims
of Sexual Assaults and on such other matters as the Secretary
considers appropriate. Requires DoD to take related measures to
address sexual assaults involving members of the Armed Forces,
such as reporting on improvement of capability to respond to
sexual assaults, application of the comprehensive policy to the
military departments, modification of policies and procedures
of military departments, annual assessment of policies and
procedures, and annual reports. (10 Minutes)
15. Maloney: Directs the Secretary of Defense to eliminate
the backlog in forensic evidence collection kits and to provide
an adequate supply of forensic evidence collection kits at all
domestic and overseas U.S. military installations, military
academies, and theaters of operation. (10 Minutes)
16. Chabot: Requires that sureties would be treated in the
same manner as financing institutions when contractors default.
(10 Minutes)
17. Manzullo: Allows procurement officials within the
Department of Defense to include the creation of jobs in the
United States as an evaluation factor. (10 Minutes)
18. Davis, Danny (IL): Authorizes landscaping services and
pest control for inclusion in the Comp Demonstration program.
(10 Minutes)
19. Weldon, Curt (PA): Permits the firefighter's Federal
Excess Property Program, administered by the U.S. Forest
Service, to screen Department of Defense excess property at the
same level of law enforcement, defense contractors, defense-
related organizations, and humanitarian services for combating
forest fires and other fire suppression purposes. (10 Minutes)
20. Brown, Henry (SC): Expands the Department of Defense
Excess Personal Property Disposal Program to include health
agencies. Provides that property transfer could only take place
if the property in question was excess to the needs of DoDand
suitable for use in providing fire and emergency services or responding
to health or environmental emergencies. (10 Minutes)
21. Brown, Henry (SC): Requires the Secretary of Defense,
when submitting a budget request for construction of a military
medical treatment facility, to certify that the facility was
evaluated, with the consultation of the Secretary of Veterans
Affairs, for the feasibility of establishing a joint DoD-VA
medical facility. Also requires the Secretary of Veterans
Affairs, when proposing construction of a new or replacement
medical facility, to certify that the facility was evaluated,
with the consultation of the Secretary of Defense, for the
feasibility of establishing a joint DoD-VA medical facility.
(10 Minutes)
22. Johnson, Timothy (IL): Provides authority for removal
of remains of certain persons interred in United States
Military Cemeteries overseas. Provides that applications made
to the Department of Defense may be approved only if the
application presents sufficient evidence that at the time of
the initial disposition decision, there was a misunderstanding
or error related to that disposition decision that the
Secretary finds warrants approval of the application. Provides
that no costs associated with the removal and transportation of
remains provided for may be paid by the United States. Provides
a two-year time limit to submit an application from the date of
enactment. (10 Minutes)
23. Baird: Requires the Secretary of Defense to study
various aspects--including availability, accessibility, cost
and effectiveness--of mental health services available to U.S.
military personnel deployed to combat theaters. Requires
Secretary of Defense to submit results of the study, including
a section detailing changes that should be made and problems/
obstacles that need to be addressed, within 90 days of
enactment. (10 Minutes)
24. Hefley: Specifies that the Board of Visitors to the
United States Air Force Academy shall be made up of the
Chairman of the Committee on Armed Services of the U.S. Senate
or his designee; 3 persons (2 Senators and 1 nonmember of the
Senate) to be designated by the Vice President or the President
Pro Tempore of the Senate; the Chairman of the Committee on
Armed Services in the House or his designee; 4 persons (3 U.S.
Representatives and 1 nonmember of the U.S. House) to be
designated by the Speaker of the House; 6 persons designated by
the President of the United States (2 of whom shall be U.S. Air
Force Academy Graduates). Provides the Board Chairman the
discretion to remove Board members for failing to attend two
consecutive meetings without good cause or advanced notice.
Recommends the Board meet at least four times annually.
Requires the Secretary of the Air Force and the Superintendent
to provide the Board necessary access to Academy grounds, the
cadets, faculty, and staff to fulfill its duties. Requires the
Board to submit a written report within 30 days of any meeting
to the Secretary of Defense,Secretary of the Air Force, and
both the House and Senate Committees on Armed Services. (10 Minutes)
25. Ryun, Jim (KS)/Bordallo: Requires the Secretary of
Defense to initiate senior officer official educational and
training programs with Taiwan. Specifies that the exchanges
would focus on the defense of Taiwan against a potential
submarine attack and potential missile attack, and would also
include activities related to civil-military relations,
including parliamentary relations. (10 Minutes)
26. Flake/Weldon (PA)/Boradallo/Simmons/Franks/Jones (NC)/
Wilson (SC): Corrects an Army regulation that requires South
Korea-based combat troops to be involved in 5 firefights in
order to qualify for their combat recognition medals (the
Combat Infantry Badge and the Combat Medical Badge). For troops
everywhere else, the requirement is 1 firefight. Normalizes the
rules without respect to where the troops are serving. (10
Minutes)
27. Shimkus: Allows the Secretary of the Army to establish
a Combat Service Recognition Ribbon to recognize participation
in combat by members of the Army, regardless of branch.
Qualifications would be similar to that of the Navy Combat
Action Ribbon, but would be made by the Secretary of the Army.
Sets up a recognition ribbon for every member of the Army that
is involved in combat that meets the criteria to receive the
Combat Service Ribbon; currently only infantrymen and medics
are eligible to receive a combat badge in the Army. (10
Minutes)
28. Smith, Adam (WA): Allows the Department of Defense,
Nisqually Tribe, and Bonneville Power Administration to
complete their agreement to move power lines currently crossing
the Nisqually Indian Reservation to land on the Fort Lewis Army
base. Provides that the Tribe will purchase 416 non-federal
land holdings on the base and transfer those lands to the
Defense Department, while DoD will transfer 168 acres of land
into trust to the Secretary of the Interior for the Nisqually
Indian Tribe. (10 Minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Goode of Virginia, or
His Designee, Debatable for 20 Minutes
At the end of title X, insert the following new section:
SEC. __. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER SECURITY AND
BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) Assignment Authority of Secretary of Defense.--Chapter 18
of title 10, United States Code, is amended by inserting after
section 374 the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may
assign members of the Army, Navy, Air Force, and Marine Corps
to assist--
``(1) the Bureau of Border Security of the Department
of Homeland Security in preventing the entry of
terrorists, drug traffickers, and illegal aliens into
the United States; and
``(2) the United States Customs Service of the
Department of Homeland Security in the inspection of
cargo, vehicles, and aircraft at points of entry into
the United States to prevent the entry of weapons of
mass destruction, components of weapons of mass
destruction, prohibited narcotics or drugs, or other
terrorist or drug trafficking items.
``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--
``(1) the assignment is at the request of the
Secretary of Homeland Security; and
``(2) the request is accompanied by a certification
by the Secretary of Homeland Security that the
assignment of members pursuant to the request is
necessary to respond to a threat to national security
posed by the entry into the United States of
terrorists, drug traffickers, or illegal aliens.
``(c) Training Program Required.--The Secretary of Homeland
Security and the Secretary of Defense, shall establish a
training program to ensure that members receive general
instruction regarding issues affecting law enforcement in the
border areas in which the members may perform duties under an
assignment under subsection (a). A member may not be deployed
at a border location pursuant to an assignment under subsection
(a) until the member has successfully completed the training
program.
``(d) Conditions of Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Bureau of Border
Security or the United States Customs Service is performing
duties at a border location pursuant to the assignment, a
civilian law enforcement officer from the agency concerned
shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection
(a) to conduct a search, seizure, or other similar law
enforcement activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly
known as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Secretary of Homeland Security may establish ongoing joint task
forces if the Secretary of Homeland Security determines that
the joint task force, and the assignment of members to the
joint task force, is necessary to respond to a threat to
national security posed by the entry into the United States of
terrorists, drug traffickers, or illegal aliens.
``(2) If established, the joint task force shall fully comply
with the standards as set forth in this section.
``(f) Notification Requirements.--The Secretary of Homeland
Security shall provide to the Governor of the State in which
members are to be deployed pursuant to an assignment under
subsection (a) and to local governments in the deployment area
notification of the deployment of the members to assist the
Department of Homeland Security under this section and the
types of tasks to be performed by the members.
``(g) Reimbursement Requirement.--Section 377 of this title
shall apply in the case of members assigned under subsection
(a).
``(h) Termination of Authority.--No assignment may be made or
continued under subsection (a) after September 30, 2006.''.
(b) Commencement of Training Program.--The training program
required by subsection (c) of section 374a of title 10, United
States Code, as added by subsection (a), shall be established
as soon as practicable after the date of the enactment of this
Act.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
____________________________________________________
2. An Amendment To Be Offered by Representative Davis of California, or
Her Designee, Debatable for 20 Minutes
Add at the end of title VII the following new section:
SEC. 723. LIMITING RESTRICTION OF USE OF DEPARTMENT OF DEFENSE MEDICAL
FACILITIES TO PERFORM ABORTIONS TO FACILITIES IN
THE UNITED STATES.
Section 1093(b) of title 10, United States Code, is amended
by inserting ``in the United States'' after ``Defense''.
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3. An Amendment To Be Offered by Representative Hunter of California,
or His Designee, Debatable for 20 Minutes
At the end of subtitle A of title XII (page 424, after line
12), insert the following new section:
SEC. __. SENSE OF CONGRESS CONCERNING THE ABUSE OF PERSONS IN CUSTODY
IN IRAQ.
It is the sense of Congress that--
(1) the abuses inflicted upon detainees at the Abu
Ghraib prison in Baghdad, Iraq, are offensive to the
principles and values of the American people and the
United States military, are incompatible with the
professionalism, dedication, standards and training
required of individuals who serve in the United States
military, and contradict the policies, orders, and laws
of the United States and the United States military and
undermine the ability of the United States military to
achieve its mission in Iraq.
(2) the vast majority of members of the Armed Forces
have upheld the highest possible standards of
professionalism and morality in the face of illegal
tactics and terrorist attacks and attempts on their
lives.
(3) the abuse of persons in United States custody in
Iraq is appropriately condemned and deplored by the
American people;
(4) the Armed Forces are moving swiftly and
decisively to identify, try, and punish persons who
were responsible or culpable for such abuse;
(5) the Secretary of the Army must continue to
conduct a full and thorough investigation into any and
all allegations of mistreatment or abuse of detainees
in Iraq;
(6) the Secretary of the Army and appropriate
military authorities must continue to undertake
corrective action to address chain of command
deficiencies and the systemic deficiencies identified
in the incidents in question;
(7) the American principle and tradition of affording
proper and humane treatment to persons under the
custody of the United States Armed Forces must be
reaffirmed;
(8) the alleged crimes of a handful of individuals
should not detract from the commendable sacrifices of
over 300,000 members of the United States Armed Forces
who have served, or who are serving, in Operation Iraqi
Freedom; and
(9) the United States expresses its continuing
solidarity and support for its partnership with the
Iraqi people in building a viable Iraqi government and
a secure nation.
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4. An Amendment To Be Offered by Representative Weldon of Pennsylvania,
or His Designee, Debatable for 20 Minutes
At the end of subtitle A of title XII (page 424, after line
12), insert the following new section:
SEC. 12__. SENSE OF CONGRESS ON DESTRUCTION OF ABU GHRAIB PRISON IN
IRAQ.
(a) Findings.--Congress makes the following findings:
(1) Under the regime of Saddam Hussein, the Abu
Ghraib prison in Iraq was one of the world's most
notorious prisons.
(2) Under that regime, as many as 50,000 men and
women were jammed into the prison at one time in 12
feet by 12 feet cells.
(3) Under that regime, many people were tortured and
executed in the Abu Ghraib prison.
(4) Recent activities have further highlighted the
horrible memories that Abu Ghraib stands for.
(b) Sense of Congress.--It is the sense of the Congress that
the Secretary of Defense should assist the Iraqi Government,
with the approval of that government, in destroying the Abu
Ghraib prison and replacing it with a modern detention
facility.
----------
5. An Amendment To Be Offered by Representative Meek of Florida, of His
Designee, Debatable for 20 Minutes
At the end of title IX (page 348, after the matter following
line 21), insert the following new section:
SEC. 9__. SECRETARY OF DEFENSE GUIDANCE ON IDENTIFICATION AND INTERNAL
TRANSMISSION OF CRITICAL INFORMATION.
(a) Defense Guidance.--The Secretary of Defense shall
establish criteria for determining the types of critical
information required to be made known expeditiously to senior
decision makers in the Department of Defense. The types of
information specified should be matters of extraordinary
significance and potential strategic impact and should be
immediately necessary to facilitate timely information
management in the high-level, decision-making process affecting
successful mission accomplishment. The Secretary may from time
to time modify the list to suit the current strategic
situation, as necessary. The Secretary should provide to the
Secretaries of the military departments, the commanders of
deployed forces, and other elements of the Department of
Defense guidance for the purposes of identifying those critical
information requirements.
(b) Matters To Be Included.--The guidance under subsection
(a) shall include, at a minimum, requirement for identification
of the following:
(1) Any incident that may require a military
contingency based on the incident's nature, gravity, or
potential for significant adverse consequences to
United States citizens, military personnel, or assets,
including an incident that provides opportunities for
significant adverse publicity of a nature that could
have a strategic impact.
(2) Any event, development, or situation that can be
reasonably assumed to escalate into a significant
adverse incident described in paragraph (1).
(3) Any deficiency or error in policy, standards, or
training that can be reasonably assumed to foster
significant adverse incidents described in paragraph
(1).
(c) Policy for Transmission of Information to OSD.--The
Secretary of Defense shall establish a policy for the
transmission from any element of the Department of Defense as
expeditiously as possible to the Secretary of Defense and the
Joint Chiefs of Staff of any report, assessment, or evaluation
commissioned from any level within the Department of Defense
that results in the identification of any of the items on the
list required by subsection (a). As part of that policy, the
Secretary should establish a timetable for transmission of any
such report, assessment, or evaluation to the responsible major
command upon receipt of the final document by the commissioning
authority.
(d) Time for Issuance of Guidance.--The Secretary of Defense
shall establish the list required by subsection (a) and issue
the guidance required by that subsection not later than 90 days
after the date of the enactment of this Act.
----------
6. An Amendment To Be Offered by Representative Hastings of Florida, or
His Designee, Debatable for 20 Minutes
At the end of subtitle A of title XII (page 424, after line
12), insert the following new section:
SEC. __. SENSE OF CONGRESS REGARDING LIMITATION ON USE OF FUNDS FOR THE
RECONSTRUCTION OF IRAQ.
It is the sense of Congress that--
No funds available to any department or agency of the
United States Government may be used to provide
assistance for the reconstruction of Iraq unless the
President certifies to Congress that the United States
Government has entered into an agreement with the Iraqi
Governing Council or a transitional government in Iraq
under which Iraq agrees that it will expend a
significant portion of its revenues generated from oil
production for reconstruction activities in Iraq.
----------
7. An Amendment To Be Offered by Representative Jones of North
Carolina, or His Designee, Debatable for 20 Minutes
At the end of section 556(b) (page 164, after line 17),
insert the following new paragraphs:
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
----------
8. An Amendment To Be Offered by Representative Kennedy of Minnesota,
or His Designee, Debatable for 20 Minutes
Strike section 2821 (page 514, beginning line 19) and insert
the following new section:
SEC. 2821. PREPARATION OF REPORTS AS PART OF 2005 BASE CLOSURE ROUND
REGARDING FUTURE INFRASTRUCTURE REQUIREMENTS FOR
THE ARMED FORCES.
Section 2912 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), as added by section 3001 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1342), is amended by adding at the end the following new
subsection:
``(e) Infrastructure-Related Reports.--
``(1) Required reports.--The Secretary shall prepare
the following reports related to infrastructure
requirements for the Armed Forces:
``(A) A report containing the Integrated
Global Presence and Basing Strategy of the
Department of Defense, including the location
of long-term overseas installations,
installations to be used for rotational
purposes, and forward operating locations,
anticipated rotational plans and policies, and
domestic and overseas infrastructure
requirements associated with the strategy.
``(B) A report describing the anticipated
infrastructure requirements associated with the
probable end-strength levels and major military
force units (including land force divisions,
carrier and other major combatant vessels, air
wings, and other comparable units) for each of
the Armed Forces resulting from force
transformation.
``(C) A report describing the anticipated
infrastructure requirements related to expected
changes in the active component versus reserve
component personnel mix of the Armed Forces.
``(D) A report describing the anticipated
infrastructure requirements associated with the
so-called `10-30-30 objective' of the Secretary
to ensure that military forces are capable of
deployment overseas within 10 days in
sufficient strength to defeat an enemy within
30 days and be ready for redeployment within 30
days after the end of combat operations.
``(E) A report containing the results of a
complete reassessment of the infrastructure
necessary to support the force structure
described in the force-structure plan prepared
under paragraph (1) of subsection (a) and
describing any resulting excess infrastructure
and infrastructure capacity, which were
previously required by paragraph (2) of such
subsection. The reassessment shall be based on
actual infrastructure, facility, and space
requirements for the Armed Forces rather than a
comparative study between 1989 and 2003.
``(F) A report describing the anticipated
infrastructure requirements associated with the
assessment prepared by the Secretary pursuant
to section 2822 of the National Defense
Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1726), in which Congress
required the Secretary to assess the probable
threats to national security and determine the
potential, prudent, surge requirements for the
Armed Forces and military installations to meet
those threats.
``(2) Time for submission of reports.--The Secretary
shall submit the reports required by paragraph (1) to
the congressional defense committees at the same time
as the Secretary transmits the recommendations for the
closure or realignment of military installations under
section 2914(a).''.
----------
9. An Amendment To Be Offered by Representative Tauscher of California,
or Her Designee, Debatable for 20 Minutes
At the end of title II, insert the following new section:
SEC. 2__. ADDITIONAL AMOUNTS FOR ORDNANCE TECHNOLOGY AND FOR STRATEGIC
CAPABILITY MODERNIZATION.
(a) Air Force Conventional Munitions.--The amount in section
201(3) for research, development, test, and evaluation for the
Air Force is hereby increased by $25,000,000, of which--
(1) $10,000,000 is to be available in program element
0602602F, Conventional Munitions, for ordnance
technology applicable to defeat of weapons of mass
destruction and hardened, deeply buried targets; and
(2) $15,000,000 is to be available in program element
0603601F, Conventional Weapons Technology, for ordnance
technology applicable to defeat of weapons of mass
destruction and hardened, deeply buried targets.
(b) Defense-Wide Strategic Capability Modernization.--The
amount in section 201(4) for research, development, test, and
evaluation, Defense-wide, is hereby increased by $11,557,000,
to be available for program element 0603910D8Z, Strategic
Capability Modernization.
(c) Offset.--The amount in section 3101(a)(1) for weapons
activities is hereby reduced by $36,557,000, of which--
(1) $27,557,000 is to be derived from the Stockpile
Services Robust Nuclear Earth Penetrator study; and
(2) $9,000,000 is to be derived from the Stockpile
Services Advanced Concepts program.
----------
10. An Amendment To Be Offered by Representative Hunter of California,
or His Designee, Debatable for 10 Minutes
At the end of title X (page 409, after line 13), insert the
following new section:
SEC. __. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES.
Section 1588 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the
following new paragraph:
``(8) Voluntary services to support programs of a
committee of the Employer Support of the Guard and
Reserve as authorized by the Secretary of Defense.'';
and
(2) in subsection (f)(1), by inserting ``and (a)(8)''
before the period at the end.
At the end of subtitle G of title X (page 385, after line
10), insert the following new section:
SEC. __. PHASED IMPLEMENTATION OF NEW PROGRAM FOR TRANSPORTING
HOUSEHOLD GOODS OF MEMBERS OF THE ARMED FORCES.
The Secretary of Defense may not implement the new program
for the transportation of household goods of members of the
Armed Forces and their dependents beyond phase I of the
program, which includes the testing of electronic bill
processing at 14 sites, until the Secretary submits to Congress
a report evaluating whether Phase I met its objectives and
whether it is in the best interest of the Department of Defense
and members of the Armed Forces to move forward to Phase II of
the program.
In section 1001(b)(3) (page 350, line 5), strike ``section
1522'' and insert ``section 1519''.
At the end of subtitle A of title X (page 358, after line 2),
insert the following new sections:
SEC. __. FISCAL YEAR 2004 TRANSFER AUTHORITY.
Section 1001(a)(2) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1582) is
amended by striking ``$2,500,000,000'' and inserting
``$3,000,000,000''.
SEC. __. REPORT ON AMOUNTS REMITTED AND REIMBURSED DURING FISCAL YEAR
2004 UNDER SECTION 1007 OF PUBLIC LAW 108-136.
Not later than 30 days after the end of fiscal year 2004, the
Secretary of Defense shall submit to the congressional defense
committees a report on amounts remitted and reimbursed during
fiscal year 2004 under section 1007 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1585; 10 U.S.C. 2241 note).
Page 393, line 17, insert ``by striking'' after ``is
amended''.
Page 456, line 20, insert after ``title'' the following:
``are available upon the enactment of this Act and''.
At the end of title I (page 27, after line 10), insert the
following new section:
SEC. 1__. ADDITIONAL AMOUNT FOR PATRIOT MISSILE PROCUREMENT.
(a) Additional Amounts.--The amount in section 101 for Army
procurement, missiles, is hereby increased by $90,000,000, to
be available for Patriot missiles.
(b) Offsetting Reductions.--(1) The amount in section 101 for
Other Support Space Programs is hereby decreased by
$27,000,000, to be derived from Titan Space Boosters (SPACE).
(2) The amount in section 301(4) for operation and
maintenance, Air Force, is hereby reduced by $15,000,000, to be
derived from the transportation working capital fund.
(3) The amount in section 201(4) for research, development,
test, and evaluation, defense-wide, is hereby reduced by
$48,000,000, to be derived from the Ballistic Missile Defense
System Interceptor program element (PE 63886C).
At the end of subtitle A of title II (page 28, after line
14), insert the following new section:
SEC. 2__. PROGRAM INCREASES.
(a) Nano-composite Hard-coat for Aircraft Canopies.--The
amount provided in section 201(2) for research development,
test and evaluation, Navy, is hereby increased by $5,000,000,
to be available for Nano-composite hard-coat for aircraft
canopies in Program Element 0205633N.
(b) Command-and-Control Service Level Management.--The amount
provided in section 201(3) for research development, test and
evaluation, Air Force, is hereby increased by $5,000,000, to be
available for command-and-control service level management in
Program Element 0207443F for best-commercial practices and
enterprise wide architectures for military command-and-control
applications.
At the end of subtitle A of title III (page 43, after line
3), insert the following new section:
SEC. 3__. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATIONS AND
MAINTENANCE.
The amount authorized to be appropriated in section 301(4) is
hereby reduced by $10,000,000, to be derived from the
transportation working capital fund.
Strike section 215 (page 36, lines 1 through 9).
Strike section 2818 (page 514, lines 1 through 16) and insert
the following new section:
SEC. 2818. REPORT ON FEASIBILITY OF VETERANS MEMORIAL AT MARINE CORPS
AIR STATION, EL TORO, CALIFORNIA.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to Congress a
report on whether the City of Irvine's anticipated future uses
of the former MCAS El Toro property would permit the
establishment and maintenance of a veterans memorial at no cost
to the Federal Government.
----------
11. An Amendment To Be Offered by Representative Wamp of Tennessee, or
His Designee, Debatable for 10 Minutes
At the end of title XXXI of the bill (page 556, after line
10), add the following new section:
SECTION 3134. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) State Agreements.--Section 3661 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385o) is amended--
(1) in subsection (b) by striking ``Pursuant to
agreements under subsection (a), the'' and inserting
``The'';
(2) in subsection (c) by striking ``provided in an
agreement under subsection (a), and if''; and
(3) in subsection (e) by striking ``If provided in an
agreement under subsection (a)'' and inserting ``If a
panel reports a determination under subsection
(d)(5)''.
(b) Selection of Panel Members.--Section 3661 of that Act (42
U.S.C. 7385o) is further amended in subsection (d) by amending
paragraph (2) to read as follows:
``(2) The Secretary of Health and Human Services
shall select individuals to serve as panel members
based on experience and competency in diagnosing
occupational illnesses. For each individual so
selected, the Secretary shall appoint that individual
as a panel member or obtain by contract the services of
that individual as a panel member.''.
----------
12. An Amendment To Be Offered by Representative Dicks of Washington,
or His Designee, Debatable for 10 minutes
In section 117(b) insert ``no later than March 1, 2005''
after ``program'' (page 25, line 10).
----------
13. An Amendment To Be Offered by Representative Hastings of
Washington, or His Designee, Debatable for 10 minutes
At the end of title XXXI (page 556, after line 10), insert
the following new section:
SEC. 31__. ADDITIONAL AMOUNT FOR DEFENSE SITE ACCELERATION COMPLETION.
(a) Additional Amount.--The amount in section 3102 is hereby
increased by $100,000,000, to be available under section
3102(1) for defense site acceleration completion.
(b) Offset.--The amount in section 301(4), operation and
maintenance, Air Force, is hereby reduced by $100,000,000, to
be derived from the transportation capital fund.
------
14. An Amendment To Be Offered by Representative Slaughter of New York,
or Her Designee, Debatable for 10 Minutes
At the end of title V (page 200, after line 24), insert the
following new section:
SEC. 598. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND
RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF
THE ARMED FORCES.
(a) Comprehensive Policy on Prevention and Response to Sexual
Assaults.--(1) Not later than January 1, 2005, the Secretary of
Defense shall develop a comprehensive policy for the Department
of Defense on the prevention of and response to sexual assaults
involving members of the Armed Forces.
(2) The policy shall be based on the recommendations of the
Department of Defense Task Force on Care for Victims of Sexual
Assaults and on such other matters as the Secretary considers
appropriate.
(b) Elements of Comprehensive Policy.--The policy developed
under subsection (a) shall address the following matters:
(1) Prevention measures.
(2) Education and training on prevention and
response.
(3) Investigation of complaints by command and law
enforcement personnel.
(4) Medical treatment of victims.
(5) Confidential reporting of incidents.
(6) Victim advocacy and intervention.
(7) Oversight by commanders of administrative and
disciplinary actions in response to substantiated
incidents of sexual assault.
(8) Disposition of victims of sexual assault,
including review by appropriate authority of
administrative separation actions involving victims of
sexual assault.
(9) Disposition of members of the Armed Forces
accused of sexual assault.
(10) Liaison and collaboration with civilian agencies
on the provision of services to victims of sexual
assault.
(11) Uniform collection of data on the incidence of
sexual assaults and on disciplinary actions taken in
substantiated cases of sexual assault.
(c) Report on Improvement of Capability To Respond to Sexual
Assaults.--Not later than March 1, 2005, the Secretary of
Defense shall submit to Congress a proposal for such
legislation as the Secretary considers necessary to enhance the
capability of the Department of Defense to address matters
relating to sexual assaults involving members of the Armed
Forces.
(d) Application of Comprehensive Policy to Military
Departments.--The Secretary shall ensure that, to the maximum
extent practicable, the policy developed under subsection (a)
is implemented uniformly by the military departments.
(e) Policies and Procedures of Military Departments.--(1) Not
later than March 1, 2005, the Secretaries of the military
departments shall prescribe regulations, or modify current
regulations, on the policies and procedures of the military
departments on the prevention of and response to sexual
assaults involving members of the Armed Forces in order--
(A) to conform such policies and procedures to the
policy developed under subsection (a); and
(B) to ensure that such policies and procedures
include the elements specified in paragraph (2).
(2) The elements specified in this paragraph are as follows:
(A) A program to promote awareness of the incidence
of sexual assaults involving members of the Armed
Forces.
(B) A program to provide victim advocacy and
intervention for members of the Armed Force concerned
who are victims of sexual assault, which program shall
make available, at home stations and in deployed
locations, trained advocates who are readily available
to intervene on behalf of such victims.
(C) Procedures for members of the Armed Force
concerned to follow in the case of an incident of
sexual assault involving a member of such Armed Force,
including--
(i) specification of the person or persons to
whom the alleged offense should be reported;
(ii) specification of any other person whom
the victim should contact;
(iii) procedures for the preservation of
evidence; and
(iv) procedures for confidential reporting
and for contacting victim advocates.
(D) Procedures for disciplinary action in cases of
sexual assault by members of the Armed Force concerned.
(E) Other sanctions authorized to be imposed in
substantiated cases of sexual assault, whether forcible
or nonforcible, by members of the Armed Force
concerned.
(F) Training on the policies and procedures for all
members of the Armed Force concerned, including
specific training for members of the Armed Force
concerned who process allegations of sexual assault
against members of such Armed Force.
(G) Any other matters that the Secretary of Defense
considers appropriate.
(f) Annual Assessment of Policies and Procedures.--Not later
than January 15, 2006, and each year thereafter, each Secretary
of a military department shall conduct an assessment of the
implementation during the preceding fiscal year of the policies
and procedures of such department on the prevention of and
response to sexual assaults involving members of the Armed
Forces in order to determine the effectiveness of such policies
and procedures during such fiscal year in providing an
appropriate response to such sexual assaults.
(g) Annual Reports.--(1) Not later than April 1, 2005, and
January 15 of each year thereafter, each Secretary of a
military department shall submit to the Secretary of Defense a
report on the sexual assaults involving members of the Armed
Force concerned during the preceding year.
(2) Each report on an Armed Force under paragraph (1) shall
contain the following:
(A) The number of sexual assaults against members of
the Armed Force, and the number of sexual assaults by
members of the Armed Force, that were reported to
military officials during the year covered by such
report, and the number of the cases so reported cases
that were substantiated.
(B) A synopsis of and the disciplinary action taken
in each substantiated case.
(C) The policies, procedures, and processes
implemented by the Secretary concerned during the year
covered by such report in response to incidents of
sexual assault involving members of the Armed Force
concerned.
(D) A plan for the actions that are to be taken in
the year following the year covered by such report on
the prevention of and response to sexual assault
involving members of the Armed Forces concerned.
(3) Each report under paragraph (1) in 2006, 2007, and 2008
shall also include the assessment conducted by the Secretary
concerned under subsection (f).
(4) The Secretary of Defense shall transmit to the Committees
on Armed Services of the Senate and the House of
Representatives each report submitted to the Secretary under
this subsection, together with the comments of the Secretary on
each such report. The Secretary shall transmit the report on
2004 not later than May 1, 2005, and shall transmit the report
on any year after 2004 not later than March 15 of the year
following such year.
(h) Requirement To Develop Definition of Sexual Assault.--
Prior to developing policies and programs on the prevention of
and response to sexual assaults, the Department of Defense, in
consultation with the Service Secretaries, shall develop a
definition of sexual assault that is uniform for all the Armed
Forces, including but not limited to rape, acquaintance rape,
sexual assault, and other criminal offenses.
----------
15. An Amendment To Be Offered by Representative Maloney of New York,
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title III (page 43, after line
3), insert the following new section:
SEC. 3__. ELIMINATION OF BACKLOG IN PROCESSING FORENSIC EVIDENCE
COLLECTION KITS AND ACQUISITION OF SUFFICIENT
STOCKS OF SUCH KITS.
The Secretary of Defense shall take such steps as may be
necessary to eliminate the current backlog in the processing of
forensic evidence collection kits used by the Department of
Defense, to shorten the time period between the use of such
kits and their processing in the future, and to ensure an
adequate supply of such kits for all domestic and overseas
United States military installations, including the military
service academies, and for units of the Armed Forces deployed
in theaters of operation.
----------
16. An Amendment To Be Offered by Representative Chabot of Ohio, or His
Designee, Debatable for 10 Minutes
At the end of title VIII, insert the following new section:
SEC. 825. REQUIREMENT TO TREAT SURETIES IN SAME MANNER AS FINANCING
INSTITUTIONS WHEN CONTRACTORS DEFAULT.
(a) Amendment to Title 31.--Section 3727(c) of title 31,
United States Code, is amended by inserting ``surety on a bond
provided in connection with a contract or other'' before
``financing institution''.
(b) Amendment to Revised Statutes.--Section 3737(b) of the
Revised Statutes (41 U.S.C. 15) is amended in the first
sentence by inserting ``surety on a bond provided in connection
with a contract,'' before ``or other financing institution''.
----------
17. An Amendment To Be Offered by Representative Manzullo of Illinois,
or His Designee, Debatable for 10 Minutes
At the end of title VIII (page 337, after line 15), insert
the following new section:
SEC. 825. PROVISIONS RELATING TO CREATION OF JOBS IN THE UNITED STATES
BY DEFENSE CONTRACTORS.
(a) Authority to Exclude Certain Sources on Basis of Creation
of Jobs in United States.--Section 2304(b)(1) of title 10,
United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph
(E);
(2) by striking the period at the end of subparagraph
(F) and inserting ``; or''; and
(3) by adding at the end the following new
subparagraph:
``(G) would create jobs in the United States.''.
(b) Requirement To Include Creation of Jobs in United States
as Evalation Factor.--(1) Section 2305(a)(3)(A) of title 10,
United States Code, is amended--
(A) by striking ``and'' at the end of clause (ii);
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following new
clause:
``(iii) shall include the creation of jobs in the
United States as an evaluation factor that must be
considered in the evaluation of proposals; and''.
(2) Section 2305(a)(3)(B) of such title is amended by
striking ``clause (iii)'' and inserting ``clause (iv)''.
----------
18. An Amendment To Be Offered by Representative Davis of Illinois, or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new title:
TITLE XXXVI--SMALL BUSINESS ADMINISTRATION
SEC. 3601. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES TO LIST OF
DESIGNATED INDUSTRY GROUPS PARTICIPATING IN THE
SMALL BUSINESS COMPETITIVENESS DEMONSTRATION
PROGRAM.
(a) In General.--Subsection (a) of section 717 of the Small
Business Competitiveness Demonstration Program Act of 1988 (15
U.S.C. 644 note) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) landscaping and pest control services.''.
(b) Landscaping and Pest Control Services.--Section 717 of
the Small Business Competitiveness Demonstration Program Act of
1988 (15 U.S.C. 644 note) is amended--
(1) by redesignating subsection (e) as subsection
(f), and
(2) by inserting after subsection (d) the following
new subsection:
``(e) Landscaping and Pest Control Services.--Landscaping and
pest control services shall include contract awards assigned to
North American Industrial Classification Code 561710 (relating
to exterminating and pest control services) or 561730 (relating
to landscaping services).''.
----------
19. An Amendment To Be Offered by Representative Weldon of
Pennsylvania, or His Designee, Debatable for 10 Minutes
At the end of title X (page 409, after line 13), insert the
following new section:
SEC. __. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL PROPERTY
SUITABLE FOR FIREFIGHTING USE TO SUPPORT FEDERAL
EXCESS PERSONAL PROPERTY PROGRAM.
(a) In General.--Section 2576b of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``Subject'' and inserting
``Notwithstanding any other provision of law
and subject''; and
(B) by striking ``a firefighting agency in a
State'' and inserting ``the United States
Forest Service'';
(2) in subsections (b)(2) and (c), by striking
``recipient firefighting agency'' and inserting
``Forest Service'; and
(3) by striking subsection (d) and inserting the
following new subsections:
``(d) Priority for Rural Firefighting Agencies.--(1) Subject
to paragraph (2), the Secretary of Defense shall enter into an
agreement with the Secretary of Agriculture to use the existing
property disposal program of the Forest Service, known as the
Federal Excess Personal Property Program, to facilitate the
reutilization of Department of Defense personal property
described in subsection (a) by firefighting agencies in rural
areas.
``(2) An agreement under paragraph (1) shall not provide for
the reutilization of Department of Defense aircraft by the
Forest Service until the end of the one-year period beginning
on the date on which the Secretary of Agriculture submits a
report to the Committee on Agriculture and the Committee on
Armed Services of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry and the
Committee on Armed Services of the Senate detailing measures
taken by the Forest Service in response to National
Transportation Safety Board Recommendations A-04-29 through A-
04-33.
``(3) The transfer of Department of Defense personal property
described in subsection (a) to the Forest Service for
reutilization by firefighting agencies in rural areas shall be
afforded a property disposal priority at least equal to the
priority given the military departments and other entities
within the Department of Defense.
``(e) Definition of State.--The term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any territory
or possession of the United States.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2576b. Excess personal property: reutilization to assist
firefighting agencies''.
(2) The table of sections at the beginning of chapter 153 of
such title is amended by striking the item relating to section
2576b and inserting the following new item:
``2576b. Excess personal property: reutilization to assist firefighting
agencies.''.
____________________________________________________
20. An Amendment To Be Offered by Representative Brown of South
Carolina, or His Designee, Debatable for 10 Minutes
At the end of title X, insert the following new section:
SEC. __. EXPANSION OF DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY
DISPOSAL PROGRAM TO INCLUDE HEALTH AGENCIES.
(a) Inclusion of Health Agencies.--Section 2576b of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(e) Transfer to State Health Agencies.--The Secretary of
Defense may expand the program authorized by this section to
include the transfer to State health agencies of personal
property of the Department of Defense that the Secretary
determines is--
``(1) excess to the needs of the Department of
Defense; and
``(2) suitable for use in responding to health or
environmental emergencies.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2576b. Excess personal property: reutilization to assist
firefighting agencies and health agencies
(2) The table of sections at the beginning of chapter 153 of
such title is amended by striking the item relating to section
2576b and inserting the following new item:
``2576b. Excess personal property: reutilization to assist firefighting
agencies and health agencies.''.
____________________________________________________
21. An Amendment To Be Offered by Representative Brown of South
Carolina, or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXVIII, insert the
following new section:
SEC. 28__. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL TREATMENT
FACILITIES AND HEALTH CARE FACILITIES OF DEPARTMENT
OF VETERANS AFFAIRS.
(a) Department of Defense Consideration of Joint
Construction.--(1) Subchapter I of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2816. Consideration of joint construction and use of military
medical treatment facilities and health care
facilities of the Department of Veterans Affairs
``In the case of the budget submitted under section 1105 of
title 31 for any fiscal year, the Secretary of Defense shall
include in the budget justification materials submitted to
Congress in support of the budget a certification that, in
evaluating for inclusion in the budget for that fiscal year any
military construction project for construction in the United
States (or a territory or possession of the United States) of a
new military medical treatment facility, the Secretary, after
consulting with the Secretary of Veterans Affairs, evaluated
the feasibility of carrying out the project so as to establish
with the Department of Veterans Affairs a joint medical
facility that--
``(1) could serve as a facility for health resources
sharing between the Department of Defense and the
Department of Veterans Affairs; and
``(2) would be no more costly to each Department to
construct and operate than separate facilities for each
Department.''.
(2) The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
``2816. Consideration of joint construction and use of military medical
treatment facilities and health care facilities of the
Department of Veterans Affairs.''.
(b) Department of Veterans Affairs Consideration of Joint
Construction.--Section 8104(b) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(9) In the case of a prospectus proposing the
construction of a new or replacement medical facility,
the Secretary's certification that the Secretary, after
consulting with the Secretary of Defense, evaluated the
feasibility of carrying out the project so as to
establish with the Department of Defense a joint
medical facility that--
``(A) could serve as a facility for health
resources sharing between the Department of
Defense and the Department of Veterans Affairs;
and
``(B) would be no more costly to each
Department to construct and operate than
separate facilities for each Department.''.
----------
22. An Amendment To Be Offered by Representative Johnson of Illinois,
or His Designee, Debatable for 10 Minutes
At the end of title V (page 200, after line 24), insert the
following new section:
SEC. 598. AUTHORITY FOR REMOVAL OF REMAINS OF CERTAIN PERSONS INTERRED
IN UNITED STATES MILITARY CEMETERIES OVERSEAS.
(a) Removal and Transportation of Remains.--Upon receipt from
a qualifying survivor of an application with respect to a
person interred in a United States overseas military cemetery,
the Secretary of Defense may, upon approval of such
application, provide for--
(1) the removal of the remains of that person from
the cemetery in which interred; and
(2) transportation of such remains to a location in
the United States selected by such qualifying survivor.
(b) Requirement for Approval of Applications.--(1) An
application under this section may be approved only if the
application presents sufficient evidence that, at the time of
the initial disposition decision (as defined in paragraph (2)),
there was a misunderstanding or error related to that
disposition decision that the Secretary finds warrants approval
of the application.
(2) In paragraph (1), the term ``initial disposition
decision'', with respect to the remains of a person who died
outside the United States and was interred in a United States
overseas military cemetery, means a decision by a family member
(or other designated person) as to the disposition (in
accordance with laws and regulations in effect at the time) of
the remains of the person with respect to whom the application
is submitted, such decision being to have the remains interred
in a United States overseas military cemetery (rather than to
have those remains transported to the United States for
interment or other disposition in the United States).
(c) ABMC Assistance.--The American Battle Monuments
Commission shall provide the Secretary of Defense with such
assistance as the Secretary may require in carrying out this
section with respect to cemeteries under the jurisdiction of
the Commission.
(d) Time for Application.--An application under subsection
(a) must be submitted to the Secretary of Defense not later
than the end of the two-year period beginning on the date of
the enactment of this Act.
(e) No Expenditure of Federal Funds.--No costs associated
with the removal and transportation of remains provided for
under subsection (a) may be paid by the United States.
(f) Definitions.--For purposes of this section:
(1) United states overseas military cemetery.--The
term ``United States overseas military cemetery'' means
a cemetery located in a foreign country that is
administered by the Secretary of a military department
or the American Battle Monuments Commission.
(2) Qualifying survivors.--The term ``qualifying
survivor'' means the following, in the order specified.
(A) The surviving spouse.
(B) All surviving children (including
adoptive children), acting concurrently.
(C) A birth parent or, if both survive, both
birth parents, acting concurrently.
----------
23. An Amendment To Be Offered by Representative Baird of Washington,
or His Designee, Debatable for 10 Minutes
At the end of title VII (page 306, after line 13), insert the
following new section:
SEC. 723. STUDY OF MENTAL HEALTH SERVICES.
(a) Study Required.--The Secretary of Defense shall conduct a
study of mental health services available to members of the
Armed Forces.
(b) Persons Covered.--The study shall evaluate the
availability and effectiveness of existing mental health
treatment and screening resources--
(1) for members of the Armed Forces during a
deployment to a combat theater;
(2) for members of the Armed Forces returning from a
deployment to a combat theater, both--
(A) in the short-term, post-deployment
period; and
(B) in the long-term, following the post-
deployment period;
(3) for the families of members of the Armed Forces
who have been deployed to a combat theater during the
time of the deployment;
(4) for the families of members of the Armed Forces
who have been deployed to a combat theater after the
member has returned from the deployment; and
(5) for members of the Armed Forces and their
families described in this subsection who are members
of Reserve components.
(c) Assessment of Obstacles.--The study shall provide an
assessment of existing obstacles that prevent members of the
Armed Forces and military families in need of mental health
services from obtaining these services, including--
(1) the extent to which existing confidentiality
regulations, or lack thereof, inhibit members of the
Armed Forces from seeking mental health treatment;
(2) the implications that a decision to seek mental
health services can have on a military career;
(3) the extent to which a social stigma exists within
the Armed Forces that prevents members of the Armed
Forces and military families from seeking mental health
treatment within the Department of Defense and the
individual Armed Forces;
(4) the extent to which logistical obstacles,
particularly with respect to members of the Armed
Forces and families residing in rural areas, deter
members in need of mental health services from
obtaining them; and
(5) the extent to which members of the Armed Forces
and their families are prevented or hampered from
obtaining mental health treatment due to the cost of
such services.
(d) Identification of Problems Unique to Reserves.--The study
shall identify potential problems in obtaining mental health
treatment that are unique to members of Reserve components.
(e) Report.--The Secretary of Defense shall submit to
Congress a report on the study conducted under this section not
later than 90 days after the date of the enactment of this Act.
The report shall contain the results of the study and make
specific recommendations--
(1) for improving the effectiveness and accessibility
of mental health services provided by Department of
Defense to the persons listed in subsection (b),
including recommendations to ensure appropriate
referrals and a seamless transition to the care of the
Department of Veterans Affairs following separation
from the Armed Forces;
(2) for removing or mitigating any obstacles
identified under subsection (c); and
(3) for steps that can be taken by the Department of
Defense or Congress to bring parity to mental health
services available to members of Reserve components and
members of the Armed Forces on active duty.
----------
24. An Amendment To Be Offered by Representative Hefley of Colorado, or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following new
section:
SEC. 560. BOARD OF VISITORS OF UNITED STATES AIR FORCE ACADEMY.
Section 9355 of title 10, United States Code, is amended to
read as follows:
``Sec. 9355. Board of Visitors
``(a) A Board of Visitors to the Academy is constituted
annually. The Board consists of the following members:
``(1) Six persons designated by the President.
``(2) Four persons designated by the Speaker of the
House of Representatives, three of whom shall be
members of the House of Representatives and the fourth
of whom may not be a member of the House of
Representatives.
``(3) Three persons designated by the Vice President
or the President pro tempore of the Senate, two of whom
shall be members of the Senate and the third of whom
may not be a member of the Senate.
``(4) The chairman of the Committee on Armed Services
of the House of Representatives, or his designee.
``(5) The chairman of the Committee on Armed Services
of the Senate, or his designee.
``(b)(1) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
designated. The President shall designate persons each year to
succeed the members designated by the President whose terms
expire that year.
``(2) At least two of the members designated by the President
shall be graduates of the Academy.
``(c)(1) If a member of the Board dies or resigns or is
terminated as a member of the board under paragraph (2), a
successor shall be designated for the unexpired portion of the
term by the official who designated the member.
``(2) If a member of the Board fails to attend two successive
Board meetings, except in a case in which an absence is
approved in advance, for good cause, by the Board chairman,
such failure shall be grounds for termination from membership
on the Board. A person designated for membership on the Board
shall be provided notice of the provisions of this paragraph at
the time of such designation.
``(d) The Board should meet at least four times a year, with
at least two of those meetings at the Academy. The Board or its
members may make other visits to the Academy in connection with
the duties of the Board. Board meetings should last at least
one full day. Board members shall have access to the Academy
grounds and the cadets, faculty, staff, and other personnel of
the Academy for the purposes of the duties of the Board.
``(e)(1) The Board shall inquire into the morale, discipline,
and social climate, the curriculum, instruction, physical
equipment, fiscal affairs, academic methods, and other matters
relating to the Academy that the Board decides to consider.
``(2) The Secretary of the Air Force and the Superintendent
of the Academy shall provide the Board candid and complete
disclosure, consistent with applicable laws concerning
disclosure of information, of all institutional problems.
``(3) The Board shall recommend appropriate action.
``(f) Within 30 days after any meeting of the Board, the
Board shall submit a written report concurrently to the
Secretary of Defense, through the Secretary of the Air Force,
and to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
with its views and recommendations pertaining to the Academy.
``(g) Upon approval by the Secretary, the Board may call in
advisers for consultation.
``(h) While performing duties as a member of the Board, each
member of the Board and each adviser shall be reimbursed under
Government travel regulations for travel expenses.''.
----------
25. An Amendment To Be Offered by Representative Ryun of Kansas, or His
Designee, Debatable for 10 Minutes
At the end of title XII (page 432, after line 16), insert the
following new section:
SEC. 12_. MILITARY EDUCATIONAL EXCHANGES BETWEEN SENIOR OFFICERS AND
OFFICIALS OF THE UNITED STATES AND TAIWAN.
(a) Defense Exchanges.--The Secretary of Defense shall
undertake a program of senior military officer and senior
official exchanges with Taiwan designed to improve Taiwan's
defenses against the People's Liberation Army of the People's
Republic of China.
(b) Exchanges Described.--For the purposes of this section,
the term ``exchange'' means an activity, exercise, event, or
observation opportunity between Armed Forces personnel or
Department of Defense officials of the United States and armed
forces personnel and officials of Taiwan.
(c) Focus of Exchanges.--The senior military officer and
senior official exchanges undertaken pursuant to subsection (a)
shall include exchanges focused on the following, especially as
they relate to defending Taiwan against potential submarine
attack and potential missile attack:
(1) Threat analysis.
(2) Military doctrine.
(3) Force planning.
(4) Logistical support.
(5) Intelligence collection and analysis.
(6) Operational tactics, techniques, and procedures.
(d) Civil-Military Affairs.--The senior military officer and
senior official exchanges undertaken pursuant to subsection (a)
shall include activities and exercises focused on civil-
military relations, including parliamentary relations.
(e) Location of Exchanges.--The senior military officer and
senior official exchanges undertaken pursuant to subsection (a)
shall be conducted in both the United States and Taiwan.
(f) Definitions.--For purposes of this section:
(1) The term ``senior military officer'' means a
general or flag officer of the Armed Forces on active
duty.
(2) The term ``senior official'' means a civilian
official of the Department of Defense at the level of
Deputy Assistant Secretary of Defense or above.
----------
26. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V (page 174, after line
15), insert the following new section:
SEC. __. REQUIREMENTS FOR AWARD OF COMBAT INFANTRYMAN BADGE AND COMBAT
MEDICAL BADGE WITH RESPECT TO SERVICE IN KOREA
AFTER JULY 28, 1953.
(a) Standardization of Requirements With Other Geographic
Areas.--(1) Chapter 357 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3757. Korean defense service: Combat Infantryman Badge; Combat
Medical Badge
``The Secretary of the Army shall provide that, with respect
to service in the Republic of Korea after July 28, 1953,
eligibility of a member of the Army for the Combat Infantryman
Badge or the Combat Medical Badge shall be met under criteria
and eligibility requirements that, as nearly as practicable,
are identical to those applicable, at the time of such service
in the Republic of Korea, to service elsewhere without regard
to specific location or special circumstances. In particular,
such eligibility shall be established--
``(1) without any requirement for service by the
member in an area designated as a `hostile fire area'
(or by any similar designation) or that the member have
been authorized hostile fire pay;
``(2) without any requirement for a minimum number of
instances (in excess of one) in which the member was
engaged with the enemy in active ground combat
involving an exchange of small arms fire; and
``(3) without any requirement for personal
recommendation or approval by commanders in the
member's chain of command other than is generally
applicable for service at locations outside the
Republic of Korea.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3757. Korean defense service: Combat Infantryman Badge; Combat Medical
Badge.''.
(b) Applicability to Service Before Date of Enactment.--The
Secretary of the Army shall establish procedures to provide for
the implementation of section 3757 of title 10, United States
Code, as added by subsection (a), with respect to service in
the Republic of Korea during the period between July 28, 1953,
and the date of the enactment of this Act. Such procedures
shall include a requirement for submission of an application
for award of a badge under that section with respect to service
before the date of the enactment of this Act and the furnishing
of such information as the Secretary may specify.
----------
27. An Amendment To Be Offered by Representative Shimkus of Illinois,
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following new
section:
SEC. __. ARMY COMBAT RECOGNITION RIBBON.
(a) Requirement Similar to That for Navy Combat Action
Ribbon.--(1) Chapter 357 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3757. Combat recognition ribbon
``(a) Requirement.--The Secretary of the Army shall establish
a combat recognition ribbon to recognize participation by
members of the Army in combat. The Secretary shall award the
combat recognition ribbon to each member of the Army who meets
the criteria for that ribbon based upon service performed after
August 1, 1990.
``(b) Criteria for Award.--The Secretary shall establish the
criteria for award of the combat recognition ribbon. To the
maximum extent practicable, the criteria for the award of such
ribbon shall be based upon, and be similar to, the criteria for
award of the Navy Combat Action Ribbon, including any special
criteria for service during a particular period of time or in a
specific location.
``(c) Limitation.--The combat recognition ribbon may not be
awarded to a member of the Army with respect to the same period
of service as service for which the member was awarded the
Combat Infantryman Badge or the Combat Medic Badge.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3757. Combat recognition ribbon.''.
(b) Implementation for Service Before Date of Enactment.--The
Secretary of the Army shall establish procedures to provide for
the implementation of section 3757 of title 10, United States
Code, as added by subsection (a), with respect to service
during the period beginning on August 1, 1990, and ending on
the date of the enactment of this Act. Such procedures shall
include a requirement for submission of an application for
award of a ribbon under that section with respect to service
before the date of the enactment of this Act and the furnishing
of such information as the Secretary may specify. Such
procedures shall be established not later than 180 days after
the date of the enactment of this Act.
----------
28. An Amendment To Be Offered by Representative Smith of Washington,
or His Designee, Debatable for 10 Minutes
At the end of part I of subtitle D of title XXVIII (page 535,
after line 7), insert the following new section:
SEC. 28__. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS,
WASHINGTON.
(a) Property to Be Transferred to Secretary of the Interior
in Trust.--Subsection (a)(1) of section 2837 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1315) is amended--
(1) by striking ``may convey to'' and inserting ``may
transfer to the Secretary of the Interior, in trust
for''; and
(2) by striking ``Washington, in'' and all that
follows through the period and inserting ``Washington.
The Secretary of the Army may make the transfer under
the preceding sentence, and the Secretary of the
Interior may accept the property transferred in trust
for the Nisqually Tribe under the preceding sentence,
only in conjunction with the conveyance described in
subsection (b)(2).''.
(b) Increase in Acreage to Be Transferred.--Such subsection
is further amended by striking ``138 acres'' and inserting
``168 acres''.
(c) Qualification on Property to Be Transferred.--Subsection
(a)(2) of such section is amended--
(1) by striking ``conveyance'' and inserting
``transfer''; and
(2) by striking ``or the right of way described in
subsection (c)'' and inserting ``located on the real
property transferred under that paragraph''.
(d) Consideration.--Subsection (b) of such section is
amended--
(1) in the matter preceding paragraph (1), by
striking ``conveyance'' and inserting ``transfer''; and
(2) in paragraph (2), by striking ``fee title over
the acquired property to the Secretary'' and inserting
``to the United States fee title to the property
acquired under paragraph (1), free from all liens,
encumbrances or other interests other than those, if
any, acceptable to the Secretary of the Army''.
(e) Treatment of Existing Permit Rights; Grant of Easement.--
Such section is further amended--
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection:
``(d) Treatment of Existing Permit Rights; Grant of
Easement.--(1) The transfer under subsection (a) recognizes and
preserves to the Bonneville Power Administration, in perpetuity
and without the right of revocation except as provided in
paragraph (2), rights in existence at the time of the
conveyance under the permit dated February 4, 1949, as amended
January 4, 1952, between the Department of the Army and the
Bonneville Power Administration with respect to any portion of
the property transferred under subsection (a) upon which the
Bonneville Power Administration retains transmission
facilities. The rights recognized and preserved include the
right to upgrade those transmission facilities.
``(2) The permit rights recognized and preserved under
paragraph (1) shall terminate only upon the Bonneville Power
Administration's relocation of the transmission facilities
referred to in paragraph (1), and then only with respect to
that portion of those transmission facilities that are
relocated.
``(3) The Secretary of the Interior, as trustee for the
Nisqually Tribe, shall grant to the Bonneville Power
Administration, without consideration and subject to the same
rights recognized and preserved in paragraph (1), such
additional easements across the property transferred under
subsection (a) as the Bonneville Power Administration considers
necessary to accommodate the relocation or reconnection of
Bonneville Power Administration transmission facilities from
property owned by the Tribe and held by the Secretary of the
Interior in trust for the Tribe.''.
(f) Conforming Amendments.--(1) Subsection (c) of such
section is amended by inserting ``of the Army'' after
``Secretary''.
(2) Subsection (e) of such section (as redesignated by
subsection (e)(1)) is amended--
(A) by striking ``conveyed'' and inserting
``transferred'';
(B) by inserting ``of the Army'' after ``Secretary'';
and
(C) by striking ``the recipient of the property being
surveyed'' and inserting ``the Tribe, in the case of
the transfer under subsection (a), and the Secretary of
the Army, in the case of the acquisition under
subsection (b)''.
(3) Subsection (f) of such section (as redesignated by
subsection (e)(1)) is amended--
(A) by inserting ``of the Army'' after ``Secretary''
both place it appears; and
(B) by striking ``conveyances under this section''
and inserting ``transfer under subsection (a) and
conveyances under subsections (b)(2) and (c)''.