To rescind $1,100,000,000 of the amounts appropriated for procurement and research, development, test and evaluation, and to appropriate $1,100,000,000 for fighting AIDS/HIV, tuberculosis, and malaria.

TEXT OF AMENDMENTS

SA 1276. Mr. DODD proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. (a) The Secretary of Defense--
(1) shall review--
(A) all contractual offset arrangements to which the policy
established under section 2532 of title 10, United States
Code, applies that are in effect on the date of the enactment
of this Act;
(B) any memoranda of understanding and related agreements
to which the limitation in section 2531(c) of such title
applies that have been entered into with a country with
respect to which such contractual offset arrangements have
been entered into and are in effect on such date; and
(C) any waivers granted with respect to a foreign country
under section 2534(d)(3) of title 10, United States Code,
that are in effect on such date; and
(2) shall determine the effects of the use of such
arrangements, memoranda of understanding, and agreements on
the effectiveness of buy American requirements provided in
law.
(b) The Secretary shall submit a report on the results of
the review under subsection (a) to Congress not later than
March 1, 2005. The report shall include a discussion of each
of the following:
(1) The effects of the contractual offset arrangements on
specific subsectors of the industrial base of the United
States and what actions have been taken to prevent or
ameliorate any serious adverse effects on such subsectors.
(2) The extent, if any, to which the contractual offset
arrangements and memoranda of understanding and related
agreements have provided for technology transfer that would
significantly and adversely affect the defense industrial
base of the United States and would result in substantial
financial loss to a United States firm.
(3) The extent to which the use of such contractual offset
arrangements is consistent with--
(A) the limitation in section 2531(c) of title 10, United
States Code, that prohibits implementation of a memorandum of
understanding and related agreements if the President, taking
into consideration the results of the interagency review,
determines that such memorandum of understanding or related
agreement has or is likely to have a significant adverse
effect on United States industry that outweighs the benefits
of entering into or implementing such memorandum or
agreement; and
(B) the requirements under section 2534(d) of such title
that--
(i) a waiver granted under such section not impede
cooperative programs entered into between the Department of
Defense and a foreign country and not impede the reciprocal
procurement of defense items that is entered into in
accordance with section 2531 of such title; and
(ii) the country with respect to which the waiver is
granted 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.
(c) The Secretary--
(1) shall submit to the President any recommendations
regarding the use or administration of contractual offset
arrangements and memoranda of understanding and related
agreements referred to in subsection (a) that the Secretary
considers appropriate to strengthen the administration buy
American requirements in law; and
(2) may modify memoranda of understanding or related
agreements entered into under section 2531 of title 10,
United States Code, or take other action with regard to such
memoranda or related agreements, as the Secretary considers
appropriate to strengthen the administration buy American
requirements in law in the case of procurements covered by
such memoranda or related agreements.
______

SA 1277. Mr. DURBIN proposed an amendment to the bill H.R. 2658,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. (a) Limitation on Availability of Certain
Funds.--Notwithstanding any other provision of law, of the
amount appropriated by title VII of the Act under the heading
``Intelligence Community Management Account'', $50,000,000
may only be obligated after the President submits to the
appropriate committees of Congress a report on the role of
Executive branch policymakers in the development and use of
intelligence relating to Iraq and Operation Iraqi Freedom,
including intelligence on--
(1) the possession by Iraq of chemical, biological, and
nuclear weapons, and the locations of such weapons;
(2) the links of the former Iraq regime to Al Qaeda;
(3) the attempts of Iraq to acquire uranium from Africa;
(4) the attempts of Iraq to procure aluminum tubes for the
development of nuclear weapons;
(5) the possession by Iraq of mobile laboratories for the
production of weapons of mass destruction;
(6) the possession by Iraq of delivery systems for weapons
of mass destruction; and
(7) any other matters that bear on the imminence of the
threat from Iraq to the national security of the United
States.
(b) Additional Matters on Uranium Claim.--The report on the
matters specified in subsection (a)(3) shall also include
information on which personnel of the Executive Office of the
President, including the staff of the National Security
Council, were involved in preparing, vetting, and approving,
in consultation with the intelligence community, the
statement contained in the 2003 State of the Union address of
the President on the efforts of Iraq to obtain uranium from
Africa, including the roles such personnel played in the
drafting and ultimate approval of the statement, the full
range of responses such personnel received from the
intelligence community, and which personnel ultimately
approved the statement.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations and the Select Committee on Intelligence of
the Senate; and
(2) the Committees on Appropriations, Armed Services, and
International Relations and the Permanent Select Committee on
Intelligence of the House of Representatives.
______

SA 1278. Mr. COLEMAN (for himself, Mrs. Lincoln, and Mr. Nelson of
Nebraska) submitted an amendment intended to be proposed by him to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

[[Page S9600]]

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the total amount appropriated by title VI
under the heading ``Defense Health Program'' for research,
development, test and evaluation, $10,000,000 shall be
available for the Muscular Dystrophy Research/Muscle Research
Consortium.
______

SA 1279. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 2658, making appropriations for the Department
of Defense for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. It is the sense of the Senate that--
(1) the President should, in consultation with the
Secretary of State, the Attorney General, and the Director of
Central Intelligence and taking into account limitations
connected with ongoing legal proceedings, submit to Congress
a report on the circumstances surrounding the detention and
April 11, 2003, escape in Yemen of the suspects in the attack
on the U.S.S. Cole; and
(2) the report should--
(A) describe the efforts undertaken by the United States
Government to investigate security at the Yemen detention
facility holding individuals suspected of being involved in
the attack on the U.S.S. Cole, including information on when
such efforts were undertaken;
(B) describe the efforts undertaken by the United States
Government to monitor the status of such individuals
throughout their detention and to question such individuals
about their relationship to al Qaeda and their involvement in
the attack on the U.S.S. Cole; and
(C) describe the efforts undertaken by the United States to
determine how the escape occurred and to determine who was
involved in aiding and abetting the escape.
______

SA 1280. Mr. KENNEDY (for himself, Mr. Akaka, Mr. Byrd, Mr. Corzine,
Mr. Durbin, Mr. Lautenberg, Ms. Mikulski, Mr. Sarbanes, Mr. Harkin, Mr.
Lieberman, Mr. Feingold, and Mrs. Murray) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

Beginning on page 46, strike line 24 and all that follows
through ``: Provided further, That the'' on page 47, line 23,
and insert the following:
Sec. 8014. (a) None of the funds appropriated by this Act
may be used for converting to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense employees unless the conversion is
based on the results of a public-private competition process
that--
(1) applies the most efficient organization process except
to the performance of an activity or function involving 10 or
fewer employees (but prohibits any modification,
reorganization, division, or other change that is done for
the purpose of qualifying the activity or function for such
exception);
(2) requires a determination regarding whether the offers
submitted meet the needs of the Department of Defense with
respect to items other than costs, including quality and
reliability;
(3) provides no advantage to an offeror for a proposal to
save costs for the Department of Defense by offering
employer-sponsored health insurance benefits to workers to be
employed under contract for the performance of such activity
or function that are in any respect less beneficial to the
workers than the benefits provided for Federal employees
under chapter 89 of title 5, United States Code; and
(4) requires a determination regarding whether, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of (A) 10 percent of the most
efficient organization's personnel-related costs for
performance of that activity or function by Federal
employees, or (B) $10,000,000.
(b) The Secretary of Defense may, in the Secretary's
discretion, apply the tradeoff source selection public-
private competition process under Office of Management and
Budget Circular A-76 to the performance of services related
to the design, installation, operation, or maintenance of
information technology (as defined in section 11101 of title
40, United States Code).
(c)(1) This section does not apply to a conversion of an
activity or function of the Department of Defense to
contractor performance if the Secretary of Defense (A)
determines in writing that compliance would have a
substantial adverse impact on the ability of the Department
of Defense to perform its national security missions, and (B)
publishes such determination in the Federal Register.
(2) This section and subsections (a), (b), and (c) of
section 2461 of title 10, United States Code, do not apply
with respect to the performance of a commercial or industrial
type activity or function that--
(A) is on the procurement list established under section 2
of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(B) is planned to be converted to performance by--
(i) a qualified nonprofit agency for the blind or a
qualified nonprofit agency for other severely handicapped (as
such terms are defined in section 5 of such Act (41 U.S.C.
48b); or
(ii) a commercial business at least 51 percent of which is
owned by an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e))) or a Native Hawaiian Organization (as
defined in section 8(a)(15) of the Small Business Act (15
U.S.C. 637(a)(15))).
______

SA 1281. Mr. BYRD proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. It is the sense of the Senate that--
(1) any request for funds for a fiscal year for an ongoing
overseas military operation, including operations in
Afghanistan and Iraq, should be included in the annual budget
of the President for such fiscal year as submitted to
Congress under section 1105(a) of title 31, United States
Code; and
(2) any funds provided for such fiscal year for such a
military operation should be provided in appropriations Acts
for such fiscal year through appropriations to specific
accounts set forth in such Acts.
______

SA 1282. Mr. KENNEDY (for himself, Mr. Akaka, Mr. Byrd, Mr. Corzine,
Mr. Durbin, Mr. Lautenberg, Ms. Mikulski, Mr. Sarbanes, Mr. Lieberman,
and Mr. Harkin) submitted an amendment intended to be proposed by him
to the bill H.R. 2658, making appropriations for the Department of
Defense for the fiscal year ending September 30, 2004, and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 46, strike line 24 and all that follows
through ``: Provided further, That the'' on page 47, line 23,
and insert the following:
Sec. 8014. (a) None of the funds appropriated by this Act
may be used for converting to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense employees unless the conversion is
based on the results of a public-private competition process
that--
(1) applies the most efficient organization process except
to the performance of an activity or function involving 10 or
fewer employees (but prohibits any modification,
reorganization, division, or other change that is done for
the purpose of qualifying the activity or function for such
exception);
(2) provides no advantage to an offeror for a proposal to
save costs for the Department of Defense by offering
employer-sponsored health insurance benefits to workers to be
employed under contract for the performance of such activity
or function that are in any respect less beneficial to the
workers than the benefits provided for Federal employees
under chapter 89 of title 5, United States Code; and
(3) requires a determination regarding whether, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of (A) 10 percent of the most
efficient organization's personnel-related costs for
performance of that activity or function by Federal
employees, or (B) $10,000,000.
(b) The Secretary of Defense may, in the Secretary's
discretion, apply the tradeoff source selection public-
private competition process under Office of Management and
Budget Circular A-76 to the performance of services related
to the design, installation, operation, or maintenance of
information technology (as defined in section 11101 of title
40, United States Code).
(c)(1) This section does not apply to a conversion of an
activity or function of the Department of Defense to
contractor performance if the Secretary of Defense (A)
determines in writing that compliance would have a
substantial adverse impact on the ability of the Department
of Defense to perform its national security missions, and (B)
publishes such determination in the Federal Register.
(2) This section and subsections (a), (b), and (c) of
section 2461 of title 10, United States Code, do not apply
with respect to the performance of a commercial or industrial
type activity or function that--
(A) is on the procurement list established under section 2
of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(B) is planned to be converted to performance by--
(i) a qualified nonprofit agency for the blind or a
qualified nonprofit agency for other severely handicapped (as
such terms are defined in section 5 of such Act (41 U.S.C.
48b); or
(ii) a commercial business at least 51 percent of which is
owned by an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act

[[Page S9601]]

(25 U.S.C. 450b(e))) or a Native Hawaiian Organization (as
defined in section 8(a)(15) of the Small Business Act (15
U.S.C. 637(a)(15))).
(d) Nothing in this Act shall affect depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
______

SA 1283. Mr. BYRD (for himself, Mrs. Clinton, Mr. Pryor, Mr.
Lautenberg, Mrs. Murray, Mr. Corzine, Mr. Bingaman, Mr. Harkin and Ms.
Cantwell) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 120, between lines 17 and 18, insert the following:

(rescission of funds)

Sec. 8124. (a) Of the amounts appropriated under titles III
and IV of this Act, $1,100,000,000 is hereby rescinded. The
Secretary of Defense shall allocate the rescinded amount
proportionately by program, project, and activity.
(b) In addition to other amounts appropriated or otherwise
made available under this Act, funds are hereby appropriated
to the Department of Defense for fiscal year 2004 in the
total amount of $1,100,000,000.
(c) Of the amount appropriated under subsection (b), the
Secretary shall transfer $750,000,000, to remain available
until expended, to the Coordinator of United States
Government Activities to Combat HIV/AIDS Globally, for an
additional contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, which shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(d) Of the amount appropriated under subsection (b), the
Secretary shall transfer $350,000,000 to the Secretary of
Health and Human Services for global HIV/AIDS programs of the
Centers for Disease Control and Prevention and the National
Institutes of Health.
______

SA 1284. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2658, making appropriations for the Department of
Defense for the fiscal year ending September 30, 2004, and for other
purposes; which was ordered to lie on the table; as follows:

Strike the matter proposed to be inserted and insert the
following:
Sec. 8014. (a) None of the funds appropriated by this Act
may be used for converting to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense employees unless the conversion is
based on the results of a public-private competition process
that--
(1) applies the most efficient organization process except
to the performance of an activity or function involving 10 or
fewer employees (but prohibits any modification,
reorganization, division, or other change that is done for
the purpose of qualifying the activity or function for such
exception);
(2) provides no advantage to an offeror for a proposal to
save costs for the Department of Defense by offering
employer-sponsored health insurance benefits to workers to be
employed under contract for the performance of such activity
or function that are in any respect less beneficial to the
workers than the benefits provided for Federal employees
under chapter 89 of title 5, United States Code; and
(3) requires a determination regarding whether, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of (A) 10 percent of the most
efficient organization's personnel-related costs for
performance of that activity or function by Federal
employees, or (B) $10,000,000.
(b) The Secretary of Defense may, in the Secretary's
discretion, apply the tradeoff source selection public-
private competition process under Office of Management and
Budget Circular A-76 to the performance of services related
to the design, installation, operation, or maintenance of
information technology (as defined in section 11101 of title
40, United States Code).
(c)(1) This section does not apply to a conversion of an
activity or function of the Department of Defense to
contractor performance if the Secretary of Defense (A)
determines in writing that compliance would have a
substantial adverse impact on the ability of the Department
of Defense to perform its national security missions, and (B)
publishes such determination in the Federal Register.
(2) This section and subsections (a), (b), and (c) of
section 2461 of title 10, United States Code, do not apply
with respect to the performance of a commercial or industrial
type activity or function that--
(A) is on the procurement list established under section 2
of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(B) is planned to be converted to performance by--
(i) a qualified nonprofit agency for the blind or a
qualified nonprofit agency for other severely handicapped (as
such terms are defined in section 5 of such Act (41 U.S.C.
48b); or
(ii) a commercial business at least 51 percent of which is
owned by an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e))) or a Native Hawaiian Organization (as
defined in section 8(a)(15) of the Small Business Act (15
U.S.C. 637(a)(15))).
(d) Nothing in this action shall affect the authority or
procedure for entering into contracts under section 2469 or
2474 of title 10, United States Code.
______

SA 1285. Mr. STEVENS (for Mr. Santorum) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title II of this
Act under the heading ``Operation and Maintenance, Army
Reserve'', up to $2,000,000 may be available for a Software
Engineering Institute Information Assurance Initiative.
______

SA 1286. Mr. STEVENS proposed an amendment to the bill H.R. 2658,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the amount appropriated by title II under the
heading ``Operation and Maintenance, Defense-Wide'', up to
$10,000,000 may be used for civil-military programs and the
Innovative Readiness Training (IRT) prgram.
______

SA 1287. Mr. STEVENS (for Mr. Allard (for himself, Mr. Nelson of
Florida, Mr. Campbell, and Mr. Sessions)) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the total amount appropriated by title III
under the heading ``Missile Procurement, Air Force'', up to
$10,000,000 may be used for assured access to space in
addition to the amount available under such heading for the
Evolved Expendable Launch Vehicle.
______

SA 1288. Mr. STEVENS proposed an amendment to the bill H.R. 2658,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 120, insert the following on line 18:

``SEC.  . STUDY REGARDING MAIL DELIVERY IN THE MIDDLE EAST.

(a) Study.--The Comptroller General of the United States
shall conduct a review of the delivery of mail to troops in
the Middle East and the study should:
(1) Determine delivery times, reliability, and losses for
mail and parcels to and from troops stations in the Middle
East.
(2) Identify and analyze mail and parcel delivery service
efficiency issue during Operations Desert Shield/Desert
Storm, comparted to such services which occurred during
Operations Iraqi Freedom.
(3) Identify cost efficiencies and benefits of alternative
delivery systems or modifications to existing delivery
systems to improve the delivery times of mail and parcels.
(b) Report.--later that 60 days after date of enactment of
this Act, the Comptroller General of the United States shall
submit a report to the congressional defense committees on
the General Accounting Office's findings and recommendations.
______

SA 1289. Mr. STEVENS proposed an amendment to the bill H.R. 2658,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

Strike section 8114, and insert the following:
Sec. 8114. Funds available to the Department of Defense
under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'' for the Missile Defense Agency may
be used for the development and fielding of an initial set of
missile defense capabilities.
______

SA 1290. Mr. STEVENS (for Mr. Kyl) proposed an amendment to the bill
H.R. 2658, making appropriations for the Department of Defense for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title IV of this
Act under the heading ``Research, Development, Test, and
Evaluation, Air Force'', up to $4,000,000 may be available
for adaptive optics research.
______

SA 1291. Mr. STEVENS (for Mr. Chafee) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

[[Page S9602]]

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title IV of this
Act under the heading ``Research, Development, Test, and
Evaluation, Navy'', up to $1,000,000 may be available for the
completion of the Rhode Island Disaster Initiative.
______

SA 1292. Mr. STEVENS (for Mr. Warner (for himself, Ms. Collins, and
Mr. Sessions)) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title I of this
Act for military personnel, up to $8,000,000 may be available
for the costs during fiscal year 2004 of an increase in the
amount of the death gratuity payable with respect to members
of the Armed Forces under section 1478 of title 10, United
States Code, from $6,000 to $12,000.
______

SA 1293. Mr. STEVENS (for Ms. Collins (for herself and Ms. Snowe))
proposed an amendment to the bill H.R. 2658, making appropriations for
the Department of Defense for the fiscal year ending September 30,
2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title II of this
Act under the heading ``Shipbuilding and Conversion, Navy'',
up to $20,000,000 may be available for DDG-51 modernization
planning.
______

SA 1294. Mr. STEVENS (for Mr. Nickles) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the total amount appropriated by Title II
under the heading ``operation and Maintenance, Army'', up to
$4,000,000 may be used for the Army Museum of the Southwest
at Ft. Still, Oklahoma.
______

SA 1295. Mr. STEVENS (for Mr. Roberts) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

Insert after section 8123 the following:
Sec. 8124. No funds appropriated or otherwise made
available by this Act may be obligated or expended for the
purpose of privatizing, or transferring to another department
or agency of the Federal Government, any prison guard
function or position at the United States Disciplinary
Barracks at Fort Leavenworth, Kansas, until 30 days after the
date on which the Secretary of the Army submits to the
congressional defense committees a plan for the
implementation of the privatization or transfer of such
function or position.
______

SA 1296. Mr. STEVENS (for Mr. Voinovich (for himself, Mr. DeWine, and
Mr. Brownback)) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the total amount appropriated by title II
under the heading ``Operation and Maintenance, Marine
Corps'', up to $6,000,000 may be used for the purchase of
HMMWV tires.
______

SA 1297. Mr. STEVENS (for Mr. Burns (for himself, Mr. Conrad, and Mr.
Craig)) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. (a) Availability of Certain Personnel Amounts.--
Of the amount appropriated by title I of this Act under the
heading ``National Guard Personnel, Army'', up to $2,500,000
may be available for Lewis and Clark Bicentennial
Commemoration Activities.
(b) Availability of Certain Operation and Maintenance
Amounts.--Of the amount appropriated by title II of this Act
under the heading ``Operation and Maintenance, Army National
Guard'', up to $1,500,000 may be available for Lewis and
Clark Bicentennial Commemoration Activities.
______

SA 1298. Mr. STEVENS (for Mr. Chambliss (for himself, Mr. Miller, and
Mrs. Hutchison)) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. (a) Limitation on Use of Funds.--Notwithstanding
any other provision of law, no funds appropriated or
otherwise made available by this Act, may be obligated or
expended to decommission a Naval or Marine Corps Reserve
aviation squadron until the report required by subsection (b)
is submitted to the committee of Congress referred to in that
subsection.
(b) Report on Navy and Marine Corps Tactical Aviation
Requirements.--(1) Not later than twelve months after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on
Appropriations of the Senate a report on the requirements of
the Navy and the Marine Corps for tactical aviation,
including mission requirements, recapitalization
requirements, and the role of Naval and Marine Corps Reserve
assets in meeting such requirements.
(2) The report shall include the recommendations of the
Comptroller General on an appropriate force structure for the
active and reserve aviation units of the Navy and the Marine
Corps, and related personnel requirements, for the 10-year
period beginning on the date of the report.
______

SA 1299. Mr. STEVENS (for Mr. Kennedy (for himself, Mr. Akaka, Mr.
Byrd, Mr. Corzine, Mr. Lautenberg, Mr. Durbin, Mr. Sarbanes, Mr.
Lieberman, Ms. Mikulski, and Mrs. Clinton)) proposed an amendment to
the bill H.R. 2658, making appropriations for the Department of Defense
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

Beginning on page 46, strike line 24 and all that follows
through ``: Provided further, That the'' on page 47, line 23,
and insert the following:
Sec. 8014. (a) None of the funds appropriated by this Act
may be used for converting to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense employees unless the conversion is
based on the results of a public-private competition process
that--
(1) applies the most efficient organization process except
to the performance of an activity or function involving 10 or
fewer employees (but prohibits any modification,
reorganization, division, or other change that is done for
the purpose of qualifying the activity or function for such
exception);
(2) provides no advantage to an offeror for a proposal to
save costs for the Department of Defense by offering
employer-sponsored health insurance benefits to workers to be
employed under contract for the performance of such activity
or function that are in any respect less beneficial to the
workers than the benefits provided for Federal employees
under chapter 89 of title 5, United States Code; and
(3) requires a determination regarding whether, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of (A) 10 percent of the most
efficient organization's personnel-related costs for
performance of that activity or function by Federal
employees, or (B) $10,000,000.
(b) The Secretary of Defense may, in the Secretary's
discretion, apply the tradeoff source selection public-
private competition process under Office of Management and
Budget Circular A-76 to the performance of services related
to the design, installation, operation, or maintenance of
information technology (as defined in section 11101 of title
40, United States Code).
(c)(1) This section does not apply to a conversion of an
activity or function of the Department of Defense to
contractor performance if the Secretary of Defense (A)
determines in writing that compliance would have a
substantial adverse impact on the ability of the Department
of Defense to perform its national security missions, and (B)
publishes such determination in the Federal Register.
(2) This section and subsections (a), (b), and (c) of
section 2461 of title 10, United States Code, do not apply
with respect to the performance of a commercial or industrial
type activity or function that--
(A) is on the procurement list established under section 2
of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(B) is planned to be converted to performance by--
(i) a qualified nonprofit agency for the blind or a
qualified nonprofit agency for other severely handicapped (as
such terms are defined in section 5 of such Act (41 U.S.C.
48b); or
(ii) a commercial business at least 51 percent of which is
owned by an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e))) or a Native Hawaiian Organization (as
defined in section 8(a)(15) of the Small Business Act (15
U.S.C. 637(a)(15))).
(d) Nothing in this Act shall affect depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
______

SA 1300. Mr. STEVENS (for Mr. Hatch) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

After section 8123, insert the following:

[[Page S9603]]

TITLE IX--SETTLEMENT OF CLAIMS FOR SLAVE LABOR FOR JAPANESE COMPANIES
DURING WORLD WAR II

SEC. 901. PAYMENT OF COMPENSATION TO FORMER PRISONERS OF WAR
FOR FORCED OR SLAVE LABOR FOR JAPANESE
COMPANIES DURING WORLD WAR II.

(a) Payment of Compensation Required.--Subject to the
availability of appropriated funds, the Secretary of Defense
shall pay to each surviving former prisoner of war
compensation as provided in subsection (b).
(b) Compensation.--The compensation to be paid under
subsection (a) is as follows:
(1) In the case of a living former prisoner of war, to the
living former prisoner of war in the amount of $10,000.
(c) Identification of Individuals as Former Prisoners of
War.--(1) An individual seeking compensation under this
section shall submit to the Secretary of Defense an
application therefor containing such information as the
Secretary shall require. Only one application shall be
submitted with respect to each individual seeking treatment
as a former prisoner of war for purposes of this section.
(2) The Secretary shall take such actions as the Secretary
considers appropriate to identify and locate individuals
eligible for treatment as former prisoners of war for
purposes of this section.
(d) Treatment as Former Prisoner of War.--(1) Subject to
paragraph (3), the Secretary of Defense shall treat an
individual as a former prisoner of war if--
(A) the name of the individual appears on any official list
of the Imperial Government of Japan, or of the United States
Government, as having been imprisoned at any time during
World War II in a camp in Japan or territories occupied by
Japan where individuals were forced to provide labor; or
(B) evidence otherwise demonstrates that the individual is
entitled to treatment as a former prisoner of war.
(2) Any reasonable doubt under this subsection shall be
resolved in favor of the claimant.
(3) The treatment of an individual as a former prisoner of
war under paragraph (1) shall be rebutted only by clear and
convincing evidence.
(e) Timing of Payment.--The Secretary of Defense shall pay
compensation to a former prisoner of war, under subsection
(a) not later than 30 days after determining that
compensation is payable to or on behalf of the former
prisoner of war under this section.
(f) Priority in Payments.--The Secretary of Defense shall
complete the processing of applications under this section in
a manner that provides, to the maximum extent practicable,
for the payment of compensation to former prisoners of war
during their natural lives, with payments prioritized based
on age and health of the claimant.
(j) Funding.--(1) From funds available otherwise in this
Act up to $49,000,000 may be made available to carry out this
title.
(2) The amount made available by paragraph (1) shall remain
available for obligation and expenditure during the two-year
period beginning on October 1, 2003.
(3) Any amounts made available by paragraph (1) that have
not been obligated as of September 30, 2005, shall revert to
the Treasury as of that date.

SEC. 903. DEFINITIONS.

In this title:
(1) Former prisoner of war.--The term ``former prisoner of
war'' means any individual who--
(A) was a member of the Armed Forces of the United States,
a civilian employee of the United States, or an employee of a
contractor of the United States during World War II;
(B) served in or with the United States combat forces
during World War II;
(C) was captured and held as a prisoner of war or prisoner
by Japan in the course of such service; and
(D) was required by one or more Japanese companies to
perform forced or slave labor during World War II.
(2) Japanese company.--The term ``Japanese company''
means--
(A) any business enterprise, corporation, company,
association, partnership, or sole proprietorship having its
principal place of business within Japan or organized or
incorporated under the laws of Japan or any political
subdivision thereof; and
(B) any subsidiary or affiliate of an entity in Japan, as
described in subparagraph (A), if controlled in fact by the
entity, whether currently incorporated or located in Japan or
elsewhere.
(5) World war ii.--The term ``World War II'' means the
period beginning on December 7, 1941, and ending on August 8,
1945.
______

SA 1301. Mr. INOUYE (for Mrs. Feinstein (for herself, Mr. Stevens,
and Mr. Inouye)) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title III of this
Act under the heading ``Procurement, Defense-Wide'', up to
$20,000,000 may be available for procurement of secure
cellular telephones for the Department of Defense and the
elements of the intelligence community.
______

SA 1302. Mr. INOUYE (for Mrs. Boxer) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title III of this
Act under the heading ``Research, Development, Test and
Evaluation, Army'', up to $5,000,000 may be available to
support Shortstop Electronic Protection Systems (SEPS)
research and development.
______

SA 1303. Mr. INOUYE (for Mr. Durbin) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. The Secretary of the Air Force, in consultation
with the Chief of Air Force Reserve, shall study the mission
of the 932nd Airlift Wing, Scott Air Force Base, Illinois,
and evaluate whether it would be appropriate to substitute
for that mission a mixed mission of transporting patients,
passengers, and cargo that would increase the airlift
capability of the Air Force while continuing the use and
training of aeromedical evacuation personnel. The Secretary
shall submit a report on the results of the study and
evaluation to the congressional defense committees not later
than January 16, 2004.
______

SA 1304. Mr. INOUYE (for Ms. Mikulski) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the total amount appropriated by title IV
under the heading ``Research, Development, Test and
Evaluation, Defense Wide'', up to $3,000,000 may be used for
Project Ancile.
______

SA 1305. Mr. INOUYE (for Ms. Mikulski) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the total amount appropriated by title IV
under the heading ``Research, Development, Test and
Evaluation, Army'', up to $2,000,000 may be used for
Knowledge Management Fusion.
______

SA 1306. Mr. INOUYE (for Mr. Schumer (for himself and Mrs. Clinton)
proposed an amendment to the bill H.R. 2658, making appropriations for
the Department of Defense for the fiscal year ending September 30,
2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title IV of this
Act under the heading ``Research, Development, Test, and
Evaluation, Army'', up to $3,000,000 may be available for the
Large Energy National Shock Tunnel (LENS).
______

SA 1307. Mr. INOUYE (for Mr. Dorgan) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows;

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. In addition to amounts provided in this Act for
Ultra-low Power Battlefield Sensor System, up to an
additional $7,000,000 may be used from the total amount
appropriated by title IV ``Research, Development, Test and
Evaluation, Defense-Wide'', for Ultra-low Power Battlefield
Sensor System.
______

SA 1308. Mr. INOUYE (for Mr. Biden) proposed an amendment to the bill
H.R. 2658, making appropriations for the Department of Defense for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

Insert after section 8123 the following:
Sec. 8124. (a) Findings.--The Senate makes the following
findings:
(1) If a terrorist group were to acquire the necessary
fissile material for a nuclear explosive device, it would not
be difficult for the group to construct such a device, the
explosion of which could kill and injure thousands, or even
hundreds of thousands, of people and destroy a large area of
a city.
(2) If a terrorist group were to acquire a complete nuclear
weapon from a nation which has constructed nuclear weapons,
it is likely that the group would be able to detonate the
device with similar results.
(3) A nation supplying either complete nuclear weapons or
special nuclear material to terrorists might believe that it
could escape retaliation by the United States, as the United
States would not be able to determine the origin of either a
weapon or its fissile material.

[[Page S9604]]

(4) It is possible, however, to determine the country of
origin of fissile material after a nuclear explosion,
provided that samples of the radioactive debris from the
explosion are collected promptly and analyzed in appropriate
laboratories.
(5) If radioactive debris is collected soon enough after a
nuclear explosion, it is also possible to determine the
characteristics of the nuclear explosive device involved,
which information can assist in locating and dismantling
other nuclear devices that may threaten the United States.
(6) If countries that might contemplate supplying nuclear
weapons or fissile material to terrorists know that their
assistance can be traced, they are much less likely to allow
terrorists access to either weapons or material.
(7) It is in the interest of the United States to acquire a
capability to collect promptly the debris from a nuclear
explosion that might occur in any part of the Nation.
(b) Sense of the Senate on Nuclear Debris Collection and
Analysis Capability.--It is the sense of the Senate that--
(1) the Secretary of Defense should develop and deploy a
nuclear debris collection and analysis capability sufficient
to enable characterization of any nuclear device that might
be exploded in the United States;
(2) the capability should incorporate airborne debris
collectors, either permanently installed on dedicated
aircraft or available for immediate use on a class of
aircraft, stationed so that a properly equipped and manned
aircraft is available to collect debris from a nuclear
explosion anywhere in the United States and transport such
debris to an appropriate laboratory in a timely fashion; and
(3) to the maximum extent practicable, the capability
should be compatible with collection and analysis systems
used by the United States to characterize overseas nuclear
explosions.
(c) Report.--Not later than March 31, 2004, the Secretary
of Defense shall submit to the congressional defense
committees a report on the feasibility of developing and
deploying the capability described in subsection (b)(1).
______

SA 1309. Mr. INOUYE (for Mr. Bayh (for himself and Mr. Lugar))
proposed an amendment to the bill H.R. 2658, making appropriations for
the Department of Defense for the fiscal year ending September 30,
2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title II of this
Act under the heading ``Operation and Maintenance, Army'' up
to $15,000,000 may be made available for upgrades of M1A1
Abrams tank transmissions.
______

SA 1310. Mr. INOUYE proposed an amendment to the bill H.R. 2658,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Of the total amount appropriated by title II of
this Act under the heading ``Operations and Maintenance,
Army'', up to $2,000,000 may be used to promote civil rights
education and history in the Army.
______

SA 1311. Mr. INOUYE (for Mr. Harkin) proposed an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

Insert after section 8123 the following:

SEC. 8124. REPORTS ON SAFETY ISSUES DUE TO DEFECTIVE PARTS.

(a) Report From the Secretary.--The Secretary shall by
March 31, 2004 examine and report back to the congressional
defense committees on:
(1) how to implement a system for tracking safety-critical
parts so that parts discovered to be defective, including due
to faulty or fraudulent work by a contractor or
subcontractor, can be identified and found;
(2) appropriate standards and procedures to ensure timely
notification of contracting agencies and contractors about
safety issues including parts that may be defective, and
whether the Government Industry Data Exchange Program should
be mandatory;
(3) efforts to find and test airplane parts that have been
heat treated by companies alleged to have done so improperly;
and
(4) whether contracting agencies and contractors have been
notified about alleged improper heat treatment of airplane
parts.
(b) Report From the Comptroller General.--The Comptroller
General shall examine and report back to the congressional
defense committees on:
(1) the oversight of subcontractors by prime contractors,
and testing and quality assurance of the work of the
subcontractors; and
(2) the oversight of prime contractors by the Department,
the accountability of prime contractors for overseeing
subcontractors, and the use of enforcement mechanisms by the
Department.
______

SA 1312. Mr. INOUYE (for Mr. Wyden (for himself and Mr. Byrd))
proposed an amendment to the bill H.R. 2658, making appropriations for
the Department of Defense for the fiscal year ending September 30,
2004, and for other purposes; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress, in writing, a report on contracts for
reconstruction and other services in Iraq that are funded in
whole or in part with funds available to the Department of
Defense. The report shall detail--
(1) the process and standards for designing and awarding
such contracts, including assistance or consulting services
provided by contractors in that process;
(2) the process and standards for awarding limited or sole-
source contracts, including the criteria for justifying the
awarding of such contracts;
(3) any policies that the Secretary has implemented or
plans to implement to provide for independent oversight of
the performance by a contractor of services in designing and
awarding such contracts;
(4) any policies that the Secretary has implemented or
plans to implement to identify, assess, and prevent any
conflict of interest relating to such contracts for
reconstruction;
(5) any policies that the Secretary has implemented or
plans to implement to ensure public accountability of
contractors and to identify any fraud, waste, or abuse
relating to such contracts for reconstruction;
(6) the process and criteria used to determine the
percentage of profit allowed on cost-plus-a-fixed-fee
contracts for reconstruction or other services in Iraq; and
(7) a good faith estimate of the expected costs and
duration of all contracts for reconstruction or other
services in Iraq.
______

SA 1313. Mr. INOUYE (for Mrs. Boxer) proposes an amendment to the
bill H.R. 2658, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other purposes; as
follows:

At the end of section 8083, add the following:
``Not more than $1 million of the amount so credited may be
available to provide assistance to spouses and other
dependents of deployed members of the Armed Forces to defray
the travel expenses of such spouses and other dependents when
visiting family members.''
______

SA 1314. Mr. INOUYE (for Mr. Biden (for himself, Mr. Carper, Mr.
Miller, and Mr. Chambliss)) proposed an amendment to the bill H.R.
2658, making appropriations for the Department of Defense for the
fiscal year ending September 30, 2004, and for other purposes; as
follows:

Insert after section 8123 the following:
Sec. 8124. Of the amount appropriated by title III of this
Act under the heading ``Aircraft Procurement, Air Force'', up
to $19,700,000 may be available for C-5 aircraft in-service
modifications for the procurement of additional C-5 aircraft
Avionics Modernization Program (AMP) kits.
______

SA 1315. Mr. INOUYE (for Mr. Schumer (for himself, Mr. Bingaman, and
Mrs. Murray)) proposed an amendment to the bill H.R. 2658, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

Insert after section 8123 the following:
Sec. 8124. (a) Report on Establishment of Police and
Military Forces in Iraq.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in coordination with the Secretary of State, submit to
the appropriate committees of Congress a report on the
establishment of police and military forces in all of the 18
provinces of Iraq, including--
(1) the costs incurred by the United States in establishing
Iraqi police and military units;
(2) a schedule for the completion of the establishment of
Iraqi police and military units;
(3) an assessment of the effect of the ongoing creation and
final establishment of Iraqi police and military units on the
number of United States military personnel required to be
stationed in Iraq;
(4) an assessment of the effect of the establishment of an
Iraqi police force on the safety of United States military
personnel stationed in Iraq; and
(5) an assessment of the effectiveness of the Iraqi police
force, as so established, in preventing crime and insuring
the safety of the Iraq people.
(b) Updates.--Not later than 120 days after the date of the
submittal of the report required by subsection (b), and every
120 days thereafter, the Secretary of Defense shall, in
coordination with the Secretary of State, submit to the
appropriate committees of Congress an update of such report.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and
International Relations of the House of Representatives.

[[Page S9605]]

______

SA 1316. Mr. INOUYE (for Mr. Byrd (for himself and Mr. Grassley))
proposed an amendment to the bill H.R. 2658, making appropriations for
the Department of Defense for the fiscal year ending September 30,
2004, and for other purposes; as follows:

On page 120, between lines 17 and 18, insert the following:
Sec. 8124. Section 8149(b) of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1572)
is amended by adding at the end the following new paragraph:
``(3) This subsection shall remain in effect for fiscal
year 2004.''.

____________________