To prohibit the use of funds for the support of new nuclear weapons development under the Stockpile Services Advanced Concepts Initiative or for the Robust Nuclear Earth Penetrator (RNEP).

TEXT OF AMENDMENTS

SA 3261. Ms. CANTWELL (for herself, Mr. Hollings, Mrs. Murray, Mrs.
Clinton, Mrs. Feinstein, Mr. Lautenberg, and Mr. Schumer) proposed an
amendment to the bill S. 2400, to authorize appropriations for fiscal
year 2005 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the
Armed Services, and for other purposes; as follows:

Beginning on page 384, strike line 3 and all that follows
through page 391, line 7, and insert the following:

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

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

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

``The Secretary of Energy shall submit to Congress each
year, in the budget justification materials submitted to
Congress in support of the budget of the President for the
fiscal year beginning in such year (as submitted under
section 1105(a) of title 31, United States Code), the
following:
``(1) A detailed description and accounting of the proposed
obligations and expenditures by the Department of Energy for
safeguards and security in carrying out programs necessary
for the national security for the fiscal year covered by such
budget, including any technologies on safeguards and security
proposed to be deployed or implemented during such fiscal
year.
``(2) With respect to the fiscal year ending in the year
before the year in which such budget is submitted, a detailed
description and accounting of--
``(A) the policy on safeguards and security, including any
modifications in such policy adopted or implemented during
such fiscal year;
``(B) any initiatives on safeguards and security in effect
or implemented during such fiscal year;
``(C) the amount obligated and expended for safeguards and
security during such fiscal year, set forth by total amount,
by amount per program, and by amount per facility; and
``(D) the technologies on safeguards and security deployed
or implemented during such fiscal year.''.
(b) Clerical Amendment.--The table of contents for that Act
is amended by inserting after the item relating to section
4731 the following new item:

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

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

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

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

(a) Notwithstanding any other provision of law the
Department of Energy shall continue all activities related to
the storage, retrieval, treatment, and separation of tank
wastes currently managed as high level radioactive waste in
accordance with treatment and closure plans approved by the
state in which the activities are taking place as part of a
program to clean up and dispose of waste from reprocessing
spent nuclear fuel at the sites referred to in subsection
(c).
(b) Of the amount authorized to be appropriated by section
3102(a)(1) for defense site acceleration completion,
$350,000,000 shall be available for the activities to be
undertaken pursuant to subsection (a).''
(b) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho.
(2) The Savannah River Site, Aiken, South Carolina.
(3) The Hanford Site, Richland, Washington.
______

SA 3262. Mr. CRAPO (for himself, Mr. Craig, Mr. Alexander, and Mr.
Graham of South Carolina) submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:

On page 384, line 15, strike ``by rule in consultation''
and all that follows through page 385, line 21, and insert
``by rule approved by the Nuclear Regulatory Commission;

[[Page S6460]]

(2) has had highly radioactive radionuclides removed to the
maximum extent practical in accordance with the Nuclear
Regulatory Commission-approved criteria; and
(3) in the case of material derived from the storage tanks,
is disposed of in a facility (including a tank) within the
State pursuant to a State-approved closure plan or a State-
issued permit, authority for the approval or issuance of
which is conferred on the State outside of this Act.
(b) Inapplicability to Certain Materials.--Subsection (a)
shall not apply to any material otherwise covered by that
subsection that is transported from the State.
(c) Scope of Authority To Carry Out Actions.--The
Department of Energy may implement any action authorized--
(1) by a State-approved closure plan or State-issued permit
in existence on the date of enactment of this section; or
(2) by a closure plan approved by the State or a permit
issued by the State during the pendency of the rulemaking
provided for in subsection (a).

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

SA 3263. Mr. KENNEDY (for himself, Mrs. Feinstein, Mr. Reed, Mr.
Lautenberg, and Mr. Feingold) proposed an amendment to the bill S.
2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:

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

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

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

SA 3264. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

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

SA 3265. Ms. SNOWE (for herself, Mr. Allen, and Mr. Coleman)
submitted an amendment intended to be proposed by her to the bill S.
2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:

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

[[Page S6461]]

______

SA 3266. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

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

SA 3267. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

On line 1, insert ``subsection (b) of'' after ``Strike''.
______

SA 3268. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

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

SA 3269. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

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

SA 3270. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

Strike section 811(b).

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

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

SA 3271. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

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

SA 3272. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

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

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

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

[[Page S6462]]

``(11) records of payments or receipts.
``(d) Contract Includes Task or Delivery Order.--In this
section, the term `contract' includes a task or delivery
order under a task or delivery order contract.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2333. Congressional oversight: submittal of contract documents.''.
______

SA 3273. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

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

SA 3274. Mrs. DOLE (for Mr. Roberts) proposed an amendment to the
bill S. 2400, to authorize appropriations for fiscal year 2005 for
military activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; as follows:

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

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

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

SA 3275. Mrs. DOLE (for Mr. Levin) proposed an amendment to the bill
S. 2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; as follows:

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

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

(a) Protected Communications.--Section 1034(b)(1)(B) of
title 10, United States Code, is amended--
(1) by striking ``or'' at the end of clause (iii)''; and
(2) by striking clause (iv) and inserting the following:
``(iv) any person or organization in the chain of command;
or
``(v) any other person or organization designated pursuant
to regulations or other established administrative procedures
for such communications.''.
(b) Effective Date and Applicability.--This section and the
amendments made by this section shall take effect on the date
of the enactment of this Act and shall apply with respect to
any unfavorable personnel action taken or threatened, and any
withholding of or threat to withhold a favorable personnel
action, on or after that date.
______

SA 3276. Mrs. DOLE (for Mr. Lieberman) proposed an amendment to the
bill S. 2400, to authorize appropriations for fiscal year 2005 for
military activities of the Department of Defense, for military
construction, and

[[Page S6463]]

for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; as follows:

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

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

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

SA 3277. Mrs. DOLE (for Mr. Miller) proposed an amendment to the bill
S. 2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; as follows:

On page 79, between lines 10 and 11, insert the following:

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

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

SA 3278. Mrs. DOLE (for Mr. Stevens (for himself and Mr. Inouye))
proposed an amendment to the bill S. 2400, to authorize appropriations
for fiscal year 2005 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Services, and for other purposes; as follows:

Strike section 123 and insert the following:

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

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

SA 3279. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:

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

SA 3280. Mr. INHOFE (for himself, Mr. Bingaman, Ms. Collins, Mr.
Dorgan, Ms. Cantwell, Mr. Kohl, and Mr. Coleman) submitted an amendment
intended to be proposed by him to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ENERGY SAVINGS PERFORMANCE CONTRACTS.

(a) Permanent Extension.--Effective September 30, 2003,
section 801(c) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(c)) is repealed.
(b) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by
inserting ``, water, or wastewater treatment'' after
``payment of energy''.
(c) Energy Savings.--Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to
read as follows:

[[Page S6464]]

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

____________________