S.Amdt. 3278Senate108th Congress (2003-2005)

To convert appropriations transer authority in section 123 to authority for transfers of authorizations of appropriations.

What it does: Rewrites section 123
Submitted June 3, 2004

What it changes

1 change to S. 2400 · shown in the bill's text

Rewrites a provision
  1. Rewrites section 123

    Replaces

    In S. 2400 · Placed on Calendar Senate

    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 [struck: appropriation ][inserted: authorization of appropriations ]for the Navy for procurement for shipbuilding and conversion for any fiscal year to continue to provide [struck: funds ][inserted: authorization of appropriations ]for any engineered refueling conversion or overhaul of a submarine of the Navy for which funds were initially provided [struck: from][inserted: on] the [struck: appropriation ][inserted: basis of the authorization of appropriations ]to which transferred.

    (c) [struck: Funds][inserted: Amounts] Available for Transfer.--The amounts available for transfer under this section are amounts [inserted: 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.

    8 unchanged paragraphs

    (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 [struck: funds][inserted: amounts] are to be transferred.

    (E) Each account to which the [struck: funds][inserted: 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.--[struck: Amounts transferred to an appropriation ][inserted: A transfer made from one account to another ]with respect to the engineered refueling overhaul and conversion of a submarine under [inserted: the authority of ]this section shall be [struck: credited][inserted: deemed] to [struck: and merged with other funds in ][inserted: increase the amount authorized for ]the [struck: appropriation][inserted: account] to which [inserted: the amount is ]transferred [inserted: 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 [struck: appropriation][inserted: account] to which transferred.

    (f) Relationship to Other Transfer Authority.--The authority to [struck: transfer funds][inserted: make transfers] under this section is in addition to any other [inserted: transfer ]authority provided [struck: by law to transfer appropriated funds][inserted: 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.

    Original wording

    Strike section 123 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

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.

Legislative Activity

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Senate amendment submitted

June 3, 2004

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Floor

Senate amendment submitted

June 3, 2004

Floor

Senate amendment agreed to: Amendment SA 3278 agreed to in Senate by Unanimous Consent.

June 3, 2004

Floor

Senate amendment proposed (on the floor): Amendment SA 3278 proposed by Senator Dole for Senator Stevens.(consideration: CR S6433-6435; text: CR S6435)

June 3, 2004

Floor

Amendment SA 3278 proposed by Senator Dole for Senator Stevens. (consideration: CR S6433-6435; text: CR S6435) To convert appropriations transer authority in section 123 to authority for transfers of authorizations of appropriations.

June 3, 2004

Floor

Amendment SA 3278 agreed to in Senate by Unanimous Consent.

June 3, 2004