S.Amdt. 3349Senate108th Congress (2003-2005)
To modify the authority to convey land at Equipment and Storage Yard, Charleston, South Carolina.
Sponsored by 
Sen. Ernest F. Hollings (D-SC)
Sen. Ernest F. Hollings (D-SC)Submitted June 7, 2004
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 3285. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 208, between lines 16 and 17, insert the following:
SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.
(a) Authority.--Chapter 1 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 116. Homeland security activities
``(a) Use of Personnel Performing Full-Time National Guard
Duty.--The Governor of a State may, upon the request by the
head of a Federal agency and with the concurrence of the
Secretary of Defense, order any personnel of the National
Guard of the State to perform full-time National Guard duty
under section 502(f) of this title for the purpose of
carrying out homeland security activities, as described in
subsection (b).
``(b) Purpose and Duration.--(1) The purpose for the use of
personnel of the National Guard of a State under this section
is to temporarily provide trained and disciplined personnel
to a Federal agency to assist that agency in carrying out
homeland security activities.
``(2) The duration of the use of the National Guard of a
State under this section shall be limited to a period of 179
days. The Governor of the State may, with the concurrence of
the Secretary of Defense, extend the period one time for an
additional 90 days to meet extraordinary circumstances.
``(c) Relationship to Required Training.-- A member of the
National Guard serving on full-time National Guard duty under
orders authorized under subsection (a) shall participate in
the training required under section 502(a) of this title in
addition to the duty performed for the purpose authorized
under that subsection. The pay, allowances, and other
benefits of the member while participating in the training
shall be the same as those to which the member is entitled
while performing duty for the purpose of carrying out
homeland security activities. The member is not entitled to
additional pay, allowances, or other benefits for
participation in training required under section 502(a)(1) of
this title.
``(d) Readiness.--To ensure that the use of units and
personnel of the National Guard of a State for homeland
security activities does not degrade the training and
readiness of such units and personnel, the following
requirements shall apply in determining the homeland security
activities that units and personnel of the National Guard of
a State may perform:
``(1) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere
with the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(2) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(3) The performance of the activities will not result in
a significant increase in the cost of training.
``(4) In the case of homeland security performed by a unit
organized to serve as a unit, the activities will support
valid unit training requirements.
``(e) Payment of Costs.--(1) The Secretary of Defense shall
provide funds to the Governor of a State to pay costs of the
use of personnel of the National Guard of the State for the
performance of homeland security activities under this
section. Such funds shall be used for the following costs:
``(A) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses (including all
associated training expenses, as determined by the
Secretary), as authorized by State law, of personnel of the
National Guard of that State used, while not in Federal
service, for the purpose of homeland security activities.
``(B) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of homeland security activities.
``(2) The Secretary of Defense shall require the head of an
agency receiving support from the National Guard of a State
in the performance of homeland security activities under this
section to reimburse the Department of Defense for the
payments made to the State for such support under paragraph
(1).
``(f) Memorandum of Agreement.--The Secretary of Defense
and the Governor of a State shall enter into a memorandum of
agreement with the head of each Federal agency to which the
personnel of the National Guard of that State are to provide
support in the performance of homeland security activities
under this section. The memorandum of agreement shall--
``(1) specify how personnel of the National Guard are to be
used in homeland security activities;
``(2) include a certification by the Adjutant General of
the State that those activities are to be performed at a time
when the personnel are not in Federal service;
``(3) include a certification by the Adjutant General of
the State that--
``(A) participation by National Guard personnel in those
activities is service in addition to training required under
section 502 of this title; and
``(B) the requirements of subsection (d) of this section
will be satisfied;
``(4) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general), that the use of the National
Guard of the State for the activities provided for under the
memorandum of agreement is authorized by, and is consistent
with, State law;
``(5) include a certification by the Governor of the State
or a civilian official of the State designated by the
Governor that the activities provided for under the
memorandum of agreement serve a State security purpose; and
``(6) include a certification by the head of the Federal
agency that the agency will have a plan to ensure that the
agency's requirement for National Guard support ends not
later than 179 days after the commencement of the support.
[[Page S6508]]
``(g) Exclusion From End-Strength Computation.--
Notwithstanding any other provision of law, members of the
National Guard on active duty or full-time National Guard
duty for the purposes of administering (or during fiscal year
2003 otherwise implementing) this section shall not be
counted toward the annual end strength authorized for
Reserves on active duty in support of the reserve components
of the armed forces or toward the strengths authorized in
sections 12011 and 12012 of title 10.
``(h) Annual Report.--The Secretary of Defense shall submit
to Congress an annual report regarding any assistance
provided and activities carried out under this section during
the preceding fiscal year. The report shall include the
following:
``(1) The number of members of the National Guard excluded
under subsection (g) from the computation of end strengths.
``(2) A description of the homeland security activities
conducted with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard
to perform homeland security activities under this section.
``(i) Statutory Construction.--Nothing in this section
shall be construed as a limitation on the authority of any
unit of the National Guard of a State, when such unit is not
in Federal service, to perform functions authorized to be
performed by the National Guard by the laws of the State
concerned.
``(j) Definitions.--For purposes of this section:
``(1) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or
a territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such section is amended by adding at the end the
following new item:
``116. Homeland security activities.''.
______
SA 3286. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 158, between lines 6 and 7, insert the following:
SEC. 805. PROHIBITION RELATING TO ACCEPTANCE OF COMPENSATION
BY FORMER SENIOR OFFICIALS FOR CONTRACTOR
EMPLOYMENT.
(a) Prohibition.--Section 27(d) of the Office of Federal
Procurement Policy Act (41 U.S.C. 423(d)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2)(A) A person who has served in a position described in
subparagraph (B) may not accept compensation from a
contractor as an employee, officer, director, or consultant
of a contractor for the period applicable under subparagraph
(C) or for any work performed during such period if that
person, while serving in the position described in
subparagraph (B), engaged in the performance of any official
duties described in subparagraph (D) that resulted in a
financial benefit for such contractor.
``(B) Subparagraph (A) applies to the following persons:
``(i) A person who has served in an office of the executive
branch to which appointed by the President.
``(ii) A person who has served in a Senior Executive
Service position.
``(iii) A person who has served in a position in the
executive branch in a grade above grade GS-12 under the
General Schedule.
``(iv) A commissioned officer of the uniformed services who
has served in a position involving the performance of
official duties described in subparagraph (D).
``(C) The period applicable under subparagraph (A) to a
person who formerly served in a position described in
subparagraph (B) is the two-year period beginning on the date
on which the employment or assignment of that person in that
position terminated.
``(D) Subparagraph (A) applies, in the case of a person who
served in a position described in paragraph (B), with respect
to--
``(i) each procurement program of the United States that
such person supervised or administered, or for which such
person was involved in prescribing any of the requirements to
be met by such procurement, in the performance of official
duties while serving in such position;
``(ii) each procurement policy of the United States that
such person prescribed or administered in the performance of
official duties while serving in such position; and
``(iii) each procurement policy of the United States on
which such person, in the performance of official duties,
contributed recommendations in the formulation of such
policy.''; and
(2) by adding at the end the following new paragraphs:
``(6)(A) As a condition for employment or assignment of a
person in a Federal Government position described in
paragraph (1) or paragraph (2)(B), that person shall enter
into an agreement with the Director of the Office of
Government Ethics to comply with the restriction on
acceptance of compensation provided in paragraph (1) or (2),
respectively. The agreement shall include a clause that
requires the person, upon separation from active service in
the Federal Government, to file with the Office of Government
Ethics a declaration of all programs, projects, activities,
and (in the case of a person to whom paragraph (2) applies)
policies on which the person performed official duties that
disqualify such person from accepting compensation from
affected contractors under paragraph (1) or (2), and the
dates on which the person performed work on such programs,
projects, activities, and policies.
``(B) Before accepting a position as an employee, officer,
director, or consultant of a contractor, a person referred to
in subparagraph (A) shall provide the contractor with a copy
of the declaration filed by that person with the Office of
Government Ethics under such subparagraph. The person may not
accept the position unless an officer of the contractor
authorized to do so executes an acknowledgement of receipt of
the declaration (including an acknowledgement of receipt of
notice of the programs, projects, activities, and policies
set forth in that declaration) and the contractor complies
with the requirement in subparagraph (C).
``(C) Promptly after executing an acknowledgement under
subparagraph (B), the contractor shall file the contractor's
acknowledgement with the Office of Government Ethics. A
contractor that fails to file such an acknowledgement
promptly shall be subject to penalties and administrative
actions as set forth in subsection (e).
``(D) The Director of the Office of Government Ethics shall
make available to the public all declarations filed under
subparagraph (A) and all acknowledgements filed under
subparagraph (C).
``(E) Promptly after the end of each half of a fiscal year,
the Director of the Office of Government Ethics shall submit
to Congress a report on the declarations and acknowledgements
received under subparagraphs (A) and (C) during such half of
a fiscal year. The report shall include the following
information:
``(i) A summary of the information included in the
declarations and acknowledgements.
``(ii) A summary of the programs, projects, activities, and
policies identified in such declarations and acknowledgements
as being those on which the persons filing such declarations
have performed official duties as described in subparagraph
(D), displayed by executive agency in which the persons
performed such duties and by the grade of the persons when
performing such duties.
``(iii) The number of such persons who are employed by
contractors, displayed by executive agency in which such
persons performed official duties as described in
subparagraph (D) and by grade of the persons when performing
such duties.
``(7) In this subsection:
``(A) The term `contractor' includes any division or
affiliate of the contractor.
``(B) The term `compensation' includes deferred
compensation.
``(C) The term `procurement policy' means a policy
prescribed in the implementation of laws that are implemented
through the Federal Acquisition Regulation.
``(D) The term `procurement program' means any program,
project, or activity for the procurement of property or
services to which the Federal Acquisition Regulation applies.
``(E) The term `Senior Executive Service position' has the
meaning given such term in section 3132(2) of title 5, United
States Code.
``(F) The term `uniformed services' has the meaning given
such term in section 101(a)(5) of title 10, United States
Code.''.
(b) Increased Period of Prohibition for Other Procurement
Personnel.--Paragraph (1) of such section 27(d) is amended by
striking ``one year'' and inserting ``two years''.
(c) Effective Date and Applicability.--(1) This section and
the amendments made by this section shall take effect on the
date of the enactment of this Act and shall apply with
respect to service in positions in the Federal Government
that ends on or after such date.
(2) In the case of a person who, on the date of the
enactment of this Act, is serving in a position in the
executive branch referred to in subparagraph (A) of paragraph
(6) of section 27(d) of the Office of Federal Procurement
Policy Act (as added by subsection (a)), the agreement
required by subparagraph (B) of such paragraph shall be
executed not later than 30 days after such date.
______
SA 3287. Ms. MIKULSKI (for herself and Mr. Sarbanes) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
[[Page S6509]]
On page 305, in the table preceding line 1, insert before
the item relating to Naval Surface Warfare Center, Indian
Head, Maryland, the following new item:
------------------------------------------------------------------------
------------------------------------------------------------------------
Presidential $80,000,000
Helicopter Program
Support Facility,
Naval Air Station,
Patuxent River.
------------------------------------------------------------------------
On page 305, in the table preceding line 1, strike
``$815,578,000'' in the amount column and insert
``$895,578,000''.
On page 309, line 11, strike ``$70,000,000'' and insert
``$150,000,000''.
______
SA 3288. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1055. REDESIGNATION AND MODIFICATION OF AUTHORITIES
RELATING TO INSPECTOR GENERAL OF THE COALITION
PROVISIONAL AUTHORITY.
(a) Redesignation.--(1) Subsections (b) and (c)(1) of
section 3001 of the Emergency Supplemental Appropriations Act
for Defense and Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section
8G note) are each amended by striking ``Office of the
Inspector General of the Coalition Provisional Authority''
and inserting ``Office of the Special Inspector General for
Iraq Reconstruction''.
(2) Subsection (c)(1) of such section is further amended by
striking ``Inspector General of the Coalition Provisional
Authority'' and inserting ``Special Inspector General for
Iraq Reconstruction (in this section referred to as the
`Inspector General')''.
(3)(A) The heading of such section is amended to read as
follows:
``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ
RECONSTRUCTION.''.
(B) The heading of title III of such Act is amended to read
as follows:
``TITLE III--SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION''.
(b) Continuation in Office.--The individual serving as the
Inspector General of the Coalition Provisional Authority as
of the date of the enactment of this Act may continue to
serve in that position after that date without reappointment
under paragraph (1) of section 3001(c) of the Emergency
Supplemental Appropriations Act for Defense and
Reconstruction of Iraq and Afghanistan, 2004, but remaining
subject to removal as specified in paragraph (4) of that
section.
(c) Purposes.--Subsection (a) of such section is amended--
(1) in paragraph (1), by striking ``of the Coalition
Provisional Authority (CPA)'' and inserting ``funded with
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(2) in paragraph (2)(B), by striking ``fraud'' and
inserting ``waste, fraud,''; and
(3) in paragraph (3), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the
Secretary of State''.
(d) Responsibilities of Assistant Inspector General for
Auditing.--Subsection (d)(1) of such section is amended by
striking ``of the Coalition Provisional Authority'' and
inserting ``supported by the Iraq Relief and Reconstruction
Fund''.
(e) Supervision.--Such section is further amended--
(1) in subsection (e)(1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the
Secretary of State and the Secretary of Defense'';
(2) in subsection (h)--
(A) in paragraphs (4)(B) and (5), by striking ``head of the
Coalition Provisional Authority'' and inserting ``Secretary
of State''; and
(B) in paragraph (5), by striking ``at the central and
field locations of the Coalition Provisional Authority'' and
inserting ``at appropriate locations of the Department of
State in Iraq'';
(3) in subsection (j), by striking ``the head of the
Coalition Provisional Authority'' each place it appears and
inserting ``the Secretary of State''; and
(4) in subsection (k), by striking ``the head of the
Coalition Provisional Authority'' each place it appears and
inserting ``the Secretary of State''.
(f) Duties.--Subsection (f)(1) of such section is amended
by striking ``appropriated funds by the Coalition Provisional
Authority in Iraq'' and inserting ``amounts appropriated or
otherwise made available to the Iraq Relief and
Reconstruction Fund''.
(g) Coordination With Inspector General of Department of
State.--Subsection (f) of such section is further amended
striking paragraphs (4) and (5) and inserting the following
new paragraph (4):
``(4) In carrying out the duties, responsibilities, and
authorities of the Inspector General under this section, the
Inspector General shall coordinate with, and receive the
cooperation of, each of the following:
``(A) The Inspector General of the Department of Defense.
``(B) The Inspector General of the United States Agency for
International Development.
``(C) The Inspector General of the Department of State.''.
(h) Reports.--Subsection (i) of such section is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``and every calendar
quarter thereafter,'' and all that follows through ``the
Coalition Provisional Authority'' and inserting ``again on
July 30, 2004, and every year thereafter, the Inspector
General shall submit to the appropriate committees of
Congress a report summarizing the activities of the Inspector
General and the programs and operations funded with amounts
appropriated or otherwise made available to the Iraq Relief
and Reconstruction Fund'';
(B) in subparagraph (B), by striking ``the Coalition
Provisional Authority'' and inserting ``the Department of
Defense, the Department of State, and the United States
Agency for International Development, as applicable,'';
(C) in subparagraph (E), by striking ``appropriated funds''
and inserting ``such amounts''; and
(D) in subparagraph (F), by striking ``the Coalition
Provisional Authority'' and inserting ``the contracting
department or agency'';
(2) in paragraph (2), by striking ``by the Coalition
Provisional Authority'' and inserting ``by any department or
agency of the United States Government that involves the use
of amounts appropriated or otherwise made available to the
Iraq Relief and Reconstruction Fund'';
(3) in paragraph (3), by striking ``June 30, 2004'' and
inserting ``July 30, 2004''; and
(4) in paragraph (4), by striking ``the Coalition
Provisional Authority'' and inserting ``the Department of
State''.
(i) Termination.--Subsection (o) of such section is amended
to read as follows:
``(o) Termination.--The Office of the Inspector General
shall terminate on the date that is 10 months after the date,
as determined by the Secretary of State, on which 80 percent
of the amounts appropriated or otherwise made available to
the Iraq Relief and Reconstruction Fund by chapter 2 of title
II of this Act have been obligated.''.
______
SA 3289. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 39, between lines 7 and 8, insert the following:
SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUNSELING AND
REFERRAL HOTLINE.
(a) Authorization of Appropriation of Additional Amount.--
The amount authorized to be appropriated under section 301(5)
is hereby increased by $10,000,000, which shall be available
(in addition to other amounts available under this Act for
the same purpose) only for the Department of Defense One
Source counseling and referral hotline.
(b) Offsetting Reduction.--The amount authorized to be
appropriated under section 421 is hereby reduced by
$10,000,000, to be derived from the amount for military
personnel, Air Force.
______
SA 3290. Mr. LAUTENBERG submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
On page 194, after line 22, insert the following:
SEC. 867. SENSE OF CONGRESS CONCERNING THE APPOINTMENT OF A
SPECIAL COUNSEL TO CONDUCT A FAIR, THOROUGH,
AND INDEPENDENT INVESTIGATION INTO THE
DEPARTMENT OF DEFENSE SOLE SOURCE CONTRACT FOR
THE RECONSTRUCTION OF IRAQ.
(a) Findings.--Congress makes the following findings:
(1) The effective reconstruction of Iraq and efficient use
of taxpayer dollars are best served by competitive,
transparent, and accountable contracting practices.
(2) In March 2003, in highly unusual circumstances, the
Army Corps of Engineers awarded a sole source contract to
Halliburton for the repair of potential oil infrastructure
damage during the war.
(3) This noncompetitive contract grew in scope and size to
$2,500,000,000 until it was competed 10 months later as two
successor contracts.
(4) Recent reports reveal that the award of the no-bid
contract to Halliburton before the war was coordinated with
the Vice President, that company's former Chief Executive
Officer.
(5) It is in the public interest for Congress to call for
the appointment of a special counsel of integrity and
stature, with independence from the administration, to
conduct an
[[Page S6510]]
investigation into the coordination of this contract between
the Office of the Vice President and the Department of
Defense.
(b) Sense of Congress.--It is the sense of Congress that a
special counsel of the highest integrity and stature should
be appointed to conduct a fair, independent, and thorough
investigation of the circumstances involved in the selection
of Halliburton on a sole source basis for the March 2003
award of the Army Corps of Engineers contract for the repair
of potential oil infrastructure damage in Iraq and the
involvement of the Office of the Vice President in the
selection of Halliburton for such contract.
______
SA 3291. Mr. LAUTENBERG submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title III, add the following:
SEC. 364. PROTOCOL ON MEDIA COVERAGE OF RETURN TO UNITED
STATES OF REMAINS OF MEMBERS OF THE ARMED
FORCES KILLED OVERSEAS.
(a) Protocol Required.--(1) Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Defense shall develop a protocol that permits media coverage
of the return to the United States of the coffins containing
the remains of members of the Armed Forces who are killed
overseas.
(2) The protocol shall ensure the preservation of the
dignity of the occasion of the return to the United States of
members of the Armed Forces who are killed overseas.
(3) The protocol shall ensure the preservation of the
confidentiality of the identity of each member of the Armed
Forces whose remains are returning to the United States.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a copy of the protocol developed under subsection (a).
______
SA 3292. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, and insert the following:
SEC. ___. WAR PROFITEERING PREVENTION.
(a) Prohibition of Profiteering.--Chapter 47 of title 18,
United States Code, is amended by adding at the end the
following:
``Sec. 1038. War profiteering and fraud relating to military
action, relief, and reconstruction efforts
``(a) Prohibition.--
``(1) In general.--Whoever, in any matter involving a
contract or the provision of goods or services, directly or
indirectly, in connection with the war, military action, or
relief or reconstruction activities in Iraq, Afghanistan, or
any other country in which members of the United States Armed
Forces are engaged in any military or combat activities,
knowingly and willfully--
``(A) executes or attempts to execute a scheme or artifice
to defraud the United States or Iraq, Afghanistan, or such
other country;
``(B) falsifies, conceals, or covers up by any trick,
scheme, or device a material fact;
``(C) makes any materially false, fictitious, or fraudulent
statements or representations, or makes or uses any
materially false writing or document knowing the same to
contain any materially false, fictitious, or fraudulent
statement or entry; or
``(D) materially overvalues any good or service with the
specific intent to excessively profit from the war, military
action, or relief or reconstruction activities in Iraq,
Afghanistan, or such other country,
shall be fined under paragraph (2), imprisoned not more than
20 years, or both.
``(2) Fine.--A person convicted of an offense under
paragraph (1) may be fined the greater of--
``(A) $1,000,000; or
``(B) if such person derives profits or other proceeds from
the offense, not more than twice the gross profits or other
proceeds.
``(b) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.
``(c) Venue.--A prosecution for an offense under this
section may be brought--
``(1) in accordance with chapter 211;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
(b) Table of Sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at
the end the following:
``1038. War profiteering and fraud relating to military action, relief,
and reconstruction efforts.''
(c) Civil Forfeiture.--Section 981(a)(1)(C) of title 18,
United States Code, is amended by inserting ``1038,'' after
``1032,''.
(d) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18,
United States Code, is amended by striking ``or 1030'' and
inserting ``1030, or 1038''.
(e) Money Laundering.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by inserting ``section 1038
(relating to war profiteering and fraud relating to military
action, relief, and reconstruction efforts),'' after
``liquidating agent of financial institution),''.
______
SA 3293. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 247, between lines 13 and 14, insert the following:
SEC. 1022. COMPTROLLER GENERAL ANALYSIS OF USE OF
TRANSITIONAL BENEFIT CORPORATIONS IN CONNECTION
WITH COMPETITIVE SOURCING OF PERFORMANCE OF
DEPARTMENT OF DEFENSE ACTIVITIES AND FUNCTIONS.
(a) Requirement for Analysis.--Not later than February 1,
2005, the Comptroller General shall submit to Congress an
analysis of the potential for use of transitional benefit
corporations in connection with competitive sourcing of the
performance of activities and functions of the Department of
Defense.
(b) Specific Issues.--The analysis under this section
shall--
(1) address the capabilities of transitional benefit
corporations--
(A) to preserve human capital and surge capability;
(B) to promote economic development and job creation;
(C) to generate cost savings; and
(D) to generate efficiencies that are comparable to or
exceed the efficiencies that result from competitive sourcing
carried out by the Department of Defense under the procedures
applicable to competitive sourcing by the Department of
Defense; and
(2) identify areas within the Department of Defense in
which transitional benefit corporations could be used to add
value, reduce costs, and provide opportunities for beneficial
use of employees and other resources that are displaced by
competitive sourcing of the performance of activities and
functions of the Department of Defense.
(d) Transitional Benefit Corporation Defined.--In this
section, the term ``transitional benefit corporation'' means
a corporation that facilitates the transfer of designated
(usually underutilized) real estate, equipment, intellectual
property, or other assets of the United States to the private
sector in a process that enables employees of the United
States in positions associated with the use of such assets to
retain eligibility for Federal employee benefits and to
continue to accrue those benefits.
______
SA 3294. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 163, between lines 19 and 20, insert the following:
``(c) Inapplicability to Contracts for Certain Services.--
This section does not apply to procurements of the following
services:
``(1) Printing, binding, or blank-book work to which
section 502 of title 44 applies.
``(2) Services available under the FEDLINK program pursuant
to section 103 of the Library of Congress Fiscal Operations
Improvement Act of 2000 (Public Law 106-481; 114 Stat. 2187;
2 U.S.C. 182c).
______
SA 3295. Mr. ENZI submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 280, after line 22, insert the following:
SEC. 1068. AERIAL FIREFIGHTING EQUIPMENT.
(a) Findings.--Congress makes the following findings:
(1) The National Interagency Fire Center does not possess
an adequate number of aircraft for use in aerial firefighting
and personnel at the Center rely on military aircraft to
provide such firefighting services.
[[Page S6511]]
(2) It is in the national security interest of the United
States for the National Interagency Fire Center to purchase
aircraft for use in aerial firefighting so that military
aircraft used for aerial firefighting may be available for
use by the Armed Forces.
(b) Authority To Purchase Aerial Firefighting Equipment.--
(1) The Secretary of Agriculture is authorized to purchase 10
aircraft, as described in paragraph (2), for the National
Interagency Fire Center for use in aerial firefighting.
(2) The aircraft referred to in paragraph (1) shall be--
(A) aircraft that are specifically designed and built for
aerial firefighting;
(B) certified by the Administrator of the Federal Aviation
Administration for use in aerial firefighting; and
(C) manufactured in a manner that is consistent with the
recommendations for aircraft used in aerial firefighting
contained in--
(i) the Blue Ribbon Panel Report to the Chief of the Forest
Service and the Director of the Bureau of Land Management
dated December 2002; and
(ii) the Safety Recommendation of the Chairman of the
National Transportation Safety Board related to aircraft used
in aerial firefighting dated April 23, 2004.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture for fiscal
year 2005 such funds as may be necessary to purchase the 10
aircraft described in subsection (b).
______
SA 3296. Mr. SARBANES submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS
ASSOCIATION, INCORPORATED.
(a) Grant of Charter.--Part B of subtitle II of title 36,
United States Code, is amended--
(1) by striking the following:
``CHAPTER 1201--[RESERVED]''; and
(2) by inserting the following:
``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED
``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``Sec. 120101. Organization
``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'),
incorporated in the State of New York, is a federally
chartered corporation.
``(b) Expiration of Charter.--If the corporation does not
comply with the provisions of this chapter, the charter
granted by subsection (a) expires.
``Sec. 120102. Purposes
``The purposes of the corporation are as provided in its
articles of incorporation and include--
``(1) organizing, promoting, and maintaining for benevolent
and charitable purposes an association of persons who have
seen honorable service in the Armed Forces during the Korean
War, and of certain other persons;
``(2) providing a means of contact and communication among
members of the corporation;
``(3) promoting the establishment of, and establishing, war
and other memorials commemorative of persons who served in
the Armed Forces during the Korean War; and
``(4) aiding needy members of the corporation, their wives
and children, and the widows and children of persons who were
members of the corporation at the time of their death.
``Sec. 120103. Membership
``Eligibility for membership in the corporation, and the
rights and privileges of members of the corporation, are as
provided in the bylaws of the corporation.
``Sec. 120104. Governing body
``(a) Board of Directors.--The board of directors of the
corporation, and the responsibilities of the board of
directors, are as provided in the articles of incorporation
of the corporation.
``(b) Officers.--The officers of the corporation, and the
election of the officers of the corporation, are as provided
in the articles of incorporation.
``Sec. 120105. Powers
``The corporation has only the powers provided in its
bylaws and articles of incorporation filed in each State in
which it is incorporated.
``Sec. 120106. Restrictions
``(a) Stock and Dividends.--The corporation may not issue
stock or declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director
or officer of the corporation as such, may not contribute to,
support, or participate in any political activity or in any
manner attempt to influence legislation.
``(c) Loan.--The corporation may not make a loan to a
director, officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The
corporation may not claim congressional approval, or the
authority of the United States, for any of its activities.
``Sec. 120107. Duty to maintain corporate and tax-exempt
status
``(a) Corporate Status.--The corporation shall maintain its
status as a corporation incorporated under the laws of the
State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain
its status as an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
``Sec. 120108. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters
relating to the corporation, or an agent or attorney of the
member, may inspect the records of the corporation for any
proper purpose, at any reasonable time.
``Sec. 120109. Service of process
``The corporation shall have a designated agent in the
District of Columbia to receive service of process for the
corporation. Notice to or service on the agent is notice to
or service on the Corporation.
``Sec. 120110. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers
and agents acting within the scope of their authority.
``Sec. 120111. Annual report
``The corporation shall submit an annual report to Congress
on the activities of the corporation during the preceding
fiscal year. The report shall be submitted at the same time
as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle II of title 36, United States Code, is
amended by striking the item relating to chapter 1201 and
inserting the following new item:
``1201. Korean War Veterans Association, Incorporated.....120101''.....
______
SA 3297. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED
PAY AND VETERANS' DISABILITY COMPENSATION FOR
VETERANS WITH SERVICE-CONNECTED DISABILITIES
RATED AS TOTAL.
Section 1414 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by inserting after the first sentence the following new
sentence: ``During the period beginning on January 1, 2004,
and ending on December 31, 2004, payment of retired pay to
such a qualified retiree described in subsection (c)(1)(A) is
subject to subsection (c).''; and
(B) in the last sentence, by inserting ``(other than a
qualified retiree covered by the preceding sentence)'' after
``such a qualified retiree''; and
(2) in subsection (c)--
(A) by redesignating paragraph (11) as paragraph (12); and
(B) by inserting after paragraph (10) the following new
paragraph (11):
``(11) Inapplicability to veterans with total disabilities
after calendar year 2004.--This subsection shall not apply to
a qualified retiree described by paragraph (1)(A) after
calendar year 2004.''.
______
SA 3298. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year
[[Page S6512]]
for the Armed Services, and for other purposes; which was ordered to
lie on the table; as follows:
On page 305, in the table preceding line 1, insert before
the item relating to Naval Air Station, Fallon, Nevada, the
following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Indian Springs Air $8,000,000
Force Auxiliary
Field.
------------------------------------------------------------------------
On page 305, in the table preceding line 1, strike the
amount identified as the total in the amount column and
insert ``$823,578,000''.
On page 307, line 8, strike ``$1,825,576,000'' and insert
``$1,833,576,000''.
On page 307, line 11, strike ``$676,198,000'' and insert
``$684,198,000''.
s_____
SA 3299. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 642. EXTENSION OF PHASED-IN CONCURRENT PAYMENT OF
RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION TO MILITARY RETIREES WITH SERVICE-
CONNECTED DISABILITIES RATED AS 40 PERCENT.
(a) Extension.--Section 1414 of title 10, United States
Code, is amended--
(1) in subsection (a)(2), by striking ``50 percent'' and
inserting ``40 percent''; and
(2) in subsection (c)(1), by adding at the end the
following new subparagraph:
``(G) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 40 percent,
$__.''.
(b) Conforming and Clerical Amendments.--(1) The heading of
such section is amended by striking ``50 percent'' and
inserting ``40 percent.
(2) The table of sections at the beginning of chapter 71 of
such title is amended in the item relating to section 1414 by
striking ``50 percent'' and inserting ``40 percent''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect as of January 1, 2005, and shall apply to
payments for months beginning on or after that date.
(2) Construction of certain amendment.--The addition of
subparagraph (G) to paragraph (1) of section 1414(c) of title
10, United States Code, by reason of the amendment made by
subsection (a)(2) shall not be treated as entitling a
military retiree described by such subparagraph to concurrent
receipt of retired pay and veterans' disability compensation
under such paragraph during calendar year 2004, but is added
to facilitate the calculation of the amount of concurrent
receipt of such pay and compensation to which such a military
retiree shall be entitled under such section during calendar
years 2005 through 2013.
SEC. 643. COORDINATION OF ELIGIBILITY UNDER COMBAT-RELATED
SPECIAL COMPENSATION AUTHORITY AND DISABLED
MILITARY RETIREE COMPENSATION AUTHORITY FOR
CHAPTER 61 DISABILITY RETIREES.
(a) Coordination of Eligibility.--Paragraph (3) of
subsection (b) of section 1413a of title 10, United States
Code, is amended to read as follows:
``(3) Special rules for chapter 61 disability retirees.--
``(A) Career retirees.--In the case of an eligible combat-
related disabled uniformed services retiree who is retired
under chapter 61 of this title with 20 or more years of
service otherwise creditable under section 1405 of this
title, or at least 20 years of service computed under section
12732 of this title, the amount of the payment under
paragraph (1) for any month shall be reduced by the amount
(if any) by which the amount of the member's retired pay
under chapter 61 of this title exceeds the amount of retired
pay to which the member would have been entitled based upon
the member's service in the uniformed services if the member
had not been retired under chapter 61 of this title.
``(B) Disability retirees with less than 20 years of
service.--Paragraph (1) does not apply to a member retired
under chapter 61 of this title with less than 20 years of
service otherwise creditable under section 1405 of this
title, or with less than 20 years of service computed under
section 12732 of this title, at the time of the member's
retirement.''.
(b) Conforming Amendment.--Subsection (c) of section 1413a
is amended by striking ``is a member of the uniformed
services entitled to retired pay'' and all that follows and
inserting ``is a member of the uniformed services (other than
a member described by subsection (b)(3)(B)) entitled to
retired pay who has a combat-related disability.''.
(c) Effective Date.--The amendments made by this section
shall take effect as of January 1, 2005, and shall apply to
payments for months beginning on or after that date.
______
SA 3300. Mr. GRAHAM of Florida submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
On page 280, after line 22, insert the following:
SEC. 1068. AMENDMENTS TO HAITIAN REFUGEE IMMIGRATION FAIRNESS
ACT OF 1998.
(a) Ground for Inadmissibility for Document Fraud Does Not
Apply.--Section 902 of the Haitian Refugee Immigration
Fairness Act of 1998 (8 U.S.C. 1255 note) is amended in
subsections (a)(1)(B) and (d)(1)(D) by inserting
``(6)(C)(i),'' after ``(6)(A),''.
(b) Determination With Respect to Children.--Section 902(d)
of such Act (8 U.S.C. 1255 note) is amended by adding at the
end the following:
``(3) Determinations with respect to children.--
``(A) Use of application filing date.--Determinations made
under this subsection as to whether an alien is a child of a
parent shall be made using the age and status of the alien on
the date of enactment of this section.
``(B) Application submission by parent.--Notwithstanding
paragraph (1)(C), an application filed under this subsection
based on an alien's status as a child may be filed for the
benefit of such child by a parent or guardian of the child,
if the child is physically present in the United States on
such filing date.''.
(c) New Applications and Motions to Reopen.--
(1) New applications.--Notwithstanding section 902(a)(1)(A)
of the Haitian Refugee Immigration Fairness Act of 1998 (8
U.S.C. 1255 note), an alien who is eligible for adjustment of
status under that Act, as amended by subsections (a) and (b),
may submit an application for adjustment of status under that
Act not later than the later of--
(A) 2 years after the date of enactment of this Act; or
(B) 1 year after the date on which final regulations
implementing this Act are promulgated.
(2) Motions to reopen.--The Secretary of Homeland Security
shall establish procedures for the reopening and
reconsideration of applications for adjustment of status
under the Haitian Refugee Immigration Fairness Act of 1998 (8
U.S.C. 1255 note) that are affected by the amendments made by
subsections (a) and (b).
(3) Relationship of application to certain orders.--Section
902(a)(3) of the Haitian Refugee Immigration Fairness Act of
1998 (8 U.S.C. 1255 note) shall apply to an alien present in
the United States who has been ordered excluded, deported,
removed, or ordered to depart voluntarily, and who files an
application under paragraph (1) or a motion under paragraph
(2), in the same manner as such section 902(a)(3) applied to
aliens who filed applications for adjustment of status under
that Act before April 1, 2000.
______
SA 3301. Mr. NELSON of Nebraska (for himself and Ms. Collins)
submitted an amendment intended to be proposed by him to the bill S.
2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:
On page 30, between lines 14 and 15, insert the following:
SEC. 217. DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
Of the amounts authorized to be appropriated for fiscal
year 2005 by section 201(4) for research, development, test,
and evaluation for Defense-wide activities, $25,000,000 shall
be made available for Program Element 0601114D8Z for the
Defense Experimental Program to Stimulate Competitive
Research.
______
SA 3302. Mr. CORZINE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. INCREASE IN MAXIMUM AMOUNT OF VETERANS HOME LOAN
GUARANTY FOR CONSTRUCTION AND PURCHASE OF HOMES
AND ANNUAL INDEXING OF AMOUNT.
(a) Maximum Loan Guaranty Based on 100 Percent of Freddie
Mac Conforming Loan Rate.--Section 3703(a)(1) of title 38,
United States Code, is amended by striking ``$60,000'' each
place it appears in subparagraphs (A)(i)(IV) and (B) and
inserting ``the
[[Page S6513]]
maximum guaranty amount (as defined in subparagraph (C))''.
(b) Definition.--Such section is further amended by adding
at the end the following new subparagraph:
``(C) In this paragraph, the term `maximum guaranty amount'
means the dollar amount that is equal to 25 percent of the
Freddie Mac conforming loan limit limitation determined under
section 305(a)(2) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family
residence, as adjusted for the year involved.''.
______
SA 3303. Mr. CORZINE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 130, between lines 9 and 10, insert the following:
SEC. 642. REDUCTION IN AGE FOR RECEIPT OF MILITARY RETIRED
PAY FOR NONREGULAR SERVICE.
(a) Reduction in Age.--Section 12731(a)(1) of title 10,
United States Code, is amended by striking ``at least 60
years of age'' and inserting ``at least 55 years of age''.
(b) Application to Existing Provisions of Law or Policy.--
With respect to any provision of law, or of any policy,
regulation, or directive of the executive branch, that refers
to a member or former member of the uniformed services as
being eligible for, or entitled to, retired pay under chapter
1223 of title 10, United States Code, but for the fact that
the member or former member is under 60 years of age, such
provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60
years of age a reference to the age in effect for
qualification for such retired pay under section 12731(a) of
title 10, United States Code, as amended by subsection (a).
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act
and shall apply to retired pay payable for that month and
subsequent months.
______
SA 3304. Mr. CORZINE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle F of title X, insert the following:
SEC. 1055. PROMOTING SOVEREIGNTY AND SELF-GOVERNANCE IN IRAQ.
(a) Sense of Congress.--It is the sense of Congress that
the Government of the United States should seek to encourage
the Government of Iraq to exercise the roles and
responsibilities of full sovereign authority in Iraq on the
earliest possible date.
(b) Reports to Congress.--(1) Not later than 30 days after
the date of the enactment of this Act, and not less often
than once during each 90-day period thereafter until the
President submits the certification described in paragraph
(3), the President shall submit to Congress a report on the
responsibilities and activities of the United States policy
advisors in Iraq, the role of the United Nations in Iraq, and
the progress of the authorities in Iraq in exercising the
roles and responsibilities of full sovereign authority.
(2) The reports required by paragraph (1) shall include a
description of the following:
(A) The responsibilities of United States policy advisors
in Iraq, including the name of any state institutions of Iraq
with which such advisors are working.
(B) Any law, directive, policy, regulation, rule, or
international agreement prepared by a United States policy
advisor and submitted to a state institution of Iraq or an
official of such institution.
(C) Any action taken by a United States policy advisor to
identify or select individuals in Iraq to lead or serve in
state institutions of Iraq or to increase the effectiveness
and capacity of such individuals or institutions.
(D) The role of United Nations officials in Iraq with
regard to--
(i) any law, directive, policy, regulation, rule, or
international agreement; or
(ii) any identification or selection of individuals in Iraq
to lead or serve in state institutions of Iraq or to increase
the effectiveness and capacity of such individuals or
institutions.
(E) Progress made by officials of the Government of Iraq in
exercising the roles and responsibilities of full sovereign
authority, including progress made in taking full
responsibility for--
(i) formulating, promulgating, and implementing the laws,
directives, policies, regulations, rules or international
agreements for the governance of Iraq; and
(ii) identifying and selecting the leadership and staff of
the state institutions of Iraq.
(3) The certification referred to in paragraph (1) is a
certification submitted to Congress by the President that a
democratically elected Government of Iraq has assumed power
pursuant to a permanent constitution.
(4) The reports required by paragraph (1) shall be
submitted in an unclassified form and may include a
classified annex, if such an annex is necessary to protect
the national security of the United States.
(5) In this subsection:
(A) The term ``law, directive, policy, regulation, rule, or
international agreement'' includes any law, directive,
policy, regulation, rule, or international agreement related
to--
(i) the budget of the Government of Iraq, including any
revenue and expenditure of such Government, the disposition
of any asset held by the Development Fund for Iraq
established by United Nations Security Council Resolution
1483 (2003) or any successor fund, and any contract or
procurement made by the Government of Iraq;
(ii) elections, political parties, or the media in Iraq, or
the exercise of civil liberties by the people of Iraq;
(iii) the constitution of Iraq or the establishment of the
legislature, executive, and judiciary, including related
judicial procedures, of the Government of Iraq; or
(iv) the police, security, or military forces of Iraq.
(B) The term ``state institution of Iraq'' includes--
(i) any agency, department, ministry, office, or other
entity controlled by the executive branch of the Government
of Iraq;
(ii) the police, security, or military forces of Iraq;
(iii) a company or enterprise owned or operated by the
Government of Iraq;
(iv) any entity controlled by the legislative or judicial
branch of the Government of Iraq;
(v) any election commission or other entity responsible for
the regulation of elections or political parties in Iraq; and
(vi) any convention or committee responsible for the
drafting of the constitution of Iraq.
(C) The term ``United States policy advisor'' means an
individual who is engaged in formulating and recommending
policies that will be carried out by a state institution of
Iraq, or who will be involved in identifying or selecting
leadership or staff of a state institution of Iraq and who--
(i) is employed by the Government of the United States; or
(ii) has entered into a contract to provide assistance to a
state institution of Iraq with the Government of the United
States or an organization or company which has received
funding from the Government of the United States.
(c) Publication of the Official Gazette.--(1) The Secretary
of State shall work with the appropriate officials of the
Government of Iraq to help ensure that--
(A) the publication of the official gazette begins
immediately after the date on which the United States
transfers political sovereignty in Iraq from the Coalition
Provisional Authority to the Government of Iraq;
(B) the content of each official gazette that is published
is--
(i) disseminated to the broadest possible audience; and
(ii) made available to the public by posting such content
on an Internet website maintained by the Government of Iraq;
and
(C) the official gazette is published and the content
posted on the website described in subparagraph (B) on a
regular basis.
(2) The Secretary of State shall maintain on the Internet
website of the Department of State an English language
translation of each official gazette that is published.
(3) The term ``official gazette'' means the official
gazette referred to in Article 30(B) of the Law of
Administration for the State of Iraq for the Transitional
Period of March 8, 2004, or similarly designated in any
subsequent applicable law or regulation.
______
SA 3305. Mr. WYDEN (for himself and Mr. Dorgan) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 194, after line 22, insert the following:
SEC. 867. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS
CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL
FUNCTIONS.
(a) Limitation.--(1) Chapter 141 of title 10, United States
Code, is amended by inserting after section 2382 the
following new section:
``Sec. 2383. Contractor performance of acquisition functions
closely associated with inherently governmental functions
``(a) Limitation.--The head of an agency may enter a
contract for the performance of acquisition functions closely
associated with inherently governmental functions only if the
Secretary determines that--
``(1) appropriate military or civilian personnel of the
Department of Defense cannot reasonably be made available to
perform the functions;
[[Page S6514]]
``(2) appropriate military or civilian personnel of the
Department of Defense are--
``(A) to supervise contractor performance of the contract;
and
``(B) to perform all inherently governmental functions
associated with the functions to be performed under the
contract; and
``(3) the contractor does not have an organizational
conflict of interest or the appearance of an organizational
conflict of interest in the performance of the functions
under the contract.
``(b) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
such term in section 2302(1) of this title, except that such
term does not include the Secretary of Homeland Security or
the Administrator of the National Oceanic and Atmospheric
Administration.
``(2) The term `inherently governmental functions' has the
meaning given such term in subpart 7.5 of part 7 of the
Federal Acquisition Regulation.
``(3) The term `functions closely associated with
inherently governmental functions' means the functions
described in section 7.503(d) of the Federal Acquisition
Regulation.
``(4) The term `organizational conflict of interest' has
the meaning given such term in subpart 9.5 of part 9 of the
Federal Acquisition Regulation.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2382 the following new item:
``2383. Contractor performance of acquisition functions closely
associated with inherently governmental functions.''.
(b) Effective Date and Applicability.--Section 2383 of
title 10, United States Code (as added by subsection (a)),
shall take effect on the date of enactment of this Act and
shall apply to--
(1) contracts entered into on or after such date;
(2) any task or delivery order issued on or after such date
under a contract entered into before, on, or after such date;
and
(3) any decision on or after such date to exercise an
option or otherwise extend a contract for program management
or oversight of contracts for the reconstruction of Iraq,
regardless of whether such program management or oversight
contract was entered into before, on, or after the date of
enactment of this Act.
______
SA 3306. Mr. WYDEN (for himself and Mr. Dorgan) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. REQUIREMENTS AND LIMITATIONS ON OVERSIGHT CONTRACTS
RELATING TO IRAQ.
(a) Non-Renewability of Current Oversight Contracts.--The
Secretary of Defense may not renew or extend any oversight
contract entered into by the Coalition Provisional Authority
(CPA), or any successor entity, after the initial expiration
of such contract, notwithstanding any term or provision of
such contract to the contrary.
(b) Prohibition on Future Entry Into Oversight Contracts.--
(1) It is the policy of the United States Government that the
oversight of contractors of the United States Government is
an inherently governmental function.
(2) The Secretary may not, after the date of the enactment
of this Act--
(A) enter into an oversight contract with respect to Iraq
reconstruction, repair, or maintenance contracts; or
(B) enter into any contract or arrangement similar to an
oversight contract with respect to any reconstruction,
repair, or maintenance contract of the Department of Defense
in any other location.
(c) Oversight by Inspector General of Coalition Provisional
Authority.--(1) Subsection (e)(1) of section 3001 of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note) is
amended by striking ``the head of the Coalition Provisional
Authority'' and inserting ``the Secretary of Defense, acting
through the United States Chief of Mission in Iraq''.
(2) Such section is further amended--
(A) in subsection (j)--
(i) in paragraph (1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the United
States Chief of Mission in Iraq who shall transmit the report
to the Secretary of Defense'';
(ii) in paragraph (2), by striking ``the head of the
Coalition Provisional Authority'' each place it appears and
inserting ``the Secretary''; and
(B) Subsection (k)--
(i) in paragraph (1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the
Secretary of Defense''; and
(ii) in paragraph (2), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the
Secretary''.
(3) Such section is further amended--
(A) by redesignating subsections (m) and (n) as subsections
(n) and (o), respectively; and
(B) by inserting after subsection (l) the following new
subsection (m):
``(m) Expiration.--The Office of the Inspector General of
the Coalition Provisional Authority shall terminate 90 days
after the date, as determined by the Secretary of Defense, on
which all contracts of the Coalition Provisional Authority,
or any successor entity, for the reconstruction of Iraq have
expired.''.
(4) The amendments made by this subsection shall take
effect on the later of--
(A) June 30, 2004; or
(B) the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``oversight contract'' means a contract
between the Coalition Provisional Authority, or any successor
entity, and a non-governmental entity pursuant to which the
non-governmental entity provides, through personnel of the
non-governmental entity, dedicated program management and
coordination support activities (including oversight,
evaluation, and coordination of the performance of contracts
by non-governmental entities) with respect to Iraq
reconstruction, repair, or maintenance contracts, including
but not limited to contracts as follows:
(A) The contract awarded to AECOM, in the amount of
$21,610,501 to provide support to manage the activities of
the 6 sector program offices and report to the Coalition
Provisional Authority Program Management Office.
(B) The contract awarded on March 10, 2004, to CH2M Hill/
Parsons in the amount of $28,494,672 to provide dedicated
support to the Public Works and Water Sector Program
Management Office under the Coalition Provisional Authority
Program Management Office.
(C) The contract awarded on March 10, 2004, to Berger/URS
in the amount of $8,458,350 to provide dedicated support to
the Transportation/Communication Sector Program Management
Office under the Coalition Provisional Authority Program
Management Office.
(D) The contract awarded on March 10, 2004, to Berger/URS
in the amount of $8,458,350 to provide dedicated support to
the Security/Justice Sector Program Management Office under
the Coalition Provisional Authority Program Management
Office.
(E) The contract awarded on March 10, 2004, to Berger/URS
in the amount of $10,754,664 to provide dedicated support to
the Buildings/Education/Health Sector Program Management
Office under the Coalition Provisional Authority Program
Management Office.
(F) The contract awarded on March 10, 2004, to Iraq Power
Alliance Joint Venture in the amount of $43,361,340 to
provide dedicated support to the Electrical Services Sector
Program Management Office under the Coalition Provisional
Authority Program Management.
(G) The contract awarded on March 10, 2004, to Foster
Wheeler, in the amount of $8,416,985 to provide dedicated
support to the Oil Sector Program Management Office under the
Coalition Provisional Authority Program Management Office.
(2) The term ``Iraq reconstruction, repair, or maintenance
contracts'' means contracts or other agreements entered into
with public or private entities for reconstruction, repair,
or maintenance activities in or related to Iraq.
______
SA 3307. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle F of title X, insert the following:
SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF WAR.
Any plan of the Secretary of Defense to provide
compensation to an individual who was injured in a military
prison under the control of the United States in Iraq shall
include a provision to address the injuries suffered by the
17 citizens of the United States who were held as prisoners
of war by the regime of Saddam Hussein during the First Gulf
War.
______
SA 3308. Mr. BAYH submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1022. REPORT ON MILITARY AND SECURITY END STATE IN IRAQ.
(a) Report Required.--(1) Not later than March 31, 2005,
the Secretary of Defense shall
[[Page S6515]]
submit to the congressional defense committees a report on
the military and security end state in Iraq.
(2) The report shall be prepared in consultation with the
Chairman of the Joint Chiefs of Staff, the Commander of the
United States Central Command, and such other officials as
the Secretary considers appropriate.
(b) Content.--The report shall include the following:
(1) A description of the desired United States military and
security end state in Iraq, including minimal and desirable
levels of policing and border control capabilities of Iraqis
in Iraq, the counterinsurgency capabilities of Iraq security
forces, the role and place of militias and other ethnic-
based, tribal-based, or communal-based armed groups in Iraq
in maintaining national cohesion in Iraq, and the level of
politically-inspired violence in Iraq in such an end state.
(2) A description of a series of event-driven milestones to
evaluate progress toward the end state described in paragraph
(1).
(3) An outline of objective and subjective metrics to
support the milestones described in paragraph (2).
(4) An estimate of the number of United States and
coalition military forces and the level of funding necessary
to achieve the end state described in paragraph (1).
(5) An explanation of the key assumptions underlying the
estimate described in paragraph (4).
(6) A presentation of at least two alternative scenarios
for the assessments made in paragraphs (4) and (5).
(c) Form of Report.--The report shall be submitted in
unclassified form, but may include a classified annex.
______
SA 3309. Mr. DODD (for himself and Mr. DeWine) submitted an amendment
intended to be proposed by him to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the end, insert the following:
DIVISION D--ASSISTANCE TO FIREFIGHTERS
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Assistance to
Firefighters Act of 2004''.
SEC. 4002. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR
FIREFIGHTER ASSISTANCE PROGRAM.
(a) In General.--Subsection (b)(1) of section 33 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229) is amended by striking ``Director'' in the matter
preceding subparagraph (A) and inserting ``Secretary of
Homeland Security, in consultation with the Administrator,''.
(b) Conforming Amendment.--Such section is further amended
by striking ``Director'' each place it appears and inserting
``Secretary of Homeland Security''.
(c) Technical Amendment.--The heading of subsection (b)(8)
of such section is amended by striking ``Director'' and
inserting ``Secretary''.
SEC. 4003. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE
ORGANIZATIONS.
(a) Authority To Award Grants to Volunteer Emergency
Medical Service Squads.--Paragraph (1)(A) of section 33(b) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229(b)) is amended by inserting ``or to volunteer
emergency medical service organizations'' after ``fire
departments''.
(b) Use of Grant Funds.--Paragraph (3)(F) of such section
is amended by inserting ``or volunteer emergency medical
service organizations that are not affiliated with a for-
profit entity'' after ``fire departments''.
(c) Special Rule for Applications for Volunteer Emergency
Medical Services.--Paragraph (5) of such section is amended
by adding at the end, the following new subparagraph:
``(C) Special rule for volunteer emergency medical
services.--The Secretary of Homeland Security shall permit an
applicant seeking grant funds for volunteer emergency medical
services under paragraph (3)(F) to use the same application
form to seek grant funds for one or more of the other
purposes set out in subparagraphs (A) through (O) of
paragraph (3).''.
SEC. 4004. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR
DEVICES.
Paragraph (3) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is
amended by adding at the end the following new subparagraph:
``(O) To obtain automated external defibrillator
devices.''.
SEC. 4005. CRITERIA FOR REVIEWING GRANT APPLICATIONS.
Paragraph (2) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is
amended to read as follows:
``(2) Criteria and review of applications.--
``(A) Preliminary review criteria.--
``(i) In general.--The Secretary of Homeland Security shall
establish specific criteria for the preliminary review of an
application submitted under this section. If an application
does not meet such criteria, the application may not receive
further consideration for a grant under this section.
``(ii) Annual review of criteria.--Not less often than once
each year, the Secretary of Homeland Security, in
consultation with the Administrator, shall convene a meeting
of individuals who are members of a fire service and are
recognized for expertise in firefighting or in emergency
medical services provided by fire services, and who are not
employees of the Federal Government for the purpose of
reviewing and proposing changes to the criteria established
under clause (i).
``(B) Selection through review by experts.--
``(i) Requirement for review.--The Secretary of Homeland
Security shall award grants under this section based on the
review of applications for such grants by a panel of fire
service personnel appointed by a national organization
recognized for expertise in the operation and administration
of fire services.
``(ii) Role of the secretary.--The Secretary of Homeland
Security shall provide for the administration of the review
panel described in clause (i) and shall ensure that an
individual appointed to such panel is a recognized expert in
firefighting, medical services provided by fire services,
fire prevention, or research on firefighter safety.''.
SEC. 4006. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY
PROGRAMS.
(a) Authority.--Paragraph (1)(B) of section 33(b) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)) is amended by inserting ``and firefighter safety''
after ``prevention''.
(b) Expansion of Existing Program.--
(1) Firefighter safety assistance.--Paragraph (4) of such
section is amended--
(A) in subparagraph (A)(ii), by striking ``organizations
that are recognized'' and all that follows and inserting
``organizations eligible under subparagraph (B) for the
purposes described in subparagraph (C).''; and
(B) by striking subparagraph (B), and inserting the
following new subparagraphs:
``(B) Eligibility for assistance.--An organization may be
eligible for assistance under subparagraph (A)(ii), if such
organization is a national, State, local, or community
organization that is not a fire service and that is
recognized for experience and expertise with respect to
programs and activities that promote--
``(i) fire prevention or fire safety; or
``(ii) the health and safety of firefighting personnel.
``(C) Use of funds.--Assistance provided under subparagraph
(A)(ii) shall be used--
``(i) to carry out fire prevention programs; or
``(ii) to fund research to improve the health and safety of
firefighting personnel.
``(D) Priority.--In selecting organizations described in
subparagraph (B) to receive assistance under this paragraph,
the Secretary of Homeland Security shall give priority--
``(i) to organizations that focus on preventing injuries
from fire to members of groups at high risk of such injuries,
with an emphasis on children; and
``(ii) to organizations that focus on researching methods
to improve the health and safety of firefighting personnel.
``(E) Allocation of funds.--Not less than 66 percent of the
total amount of funds made available in a fiscal year to
carry out this paragraph shall be made available of the
programs described in subparagraph (A)(ii).''.
(2) Conforming amendment.--The heading of such paragraph is
amended to read as follows:
``(4) Fire prevention and firefighter safety programs.--''.
(c) Availability of Funds for Fire Prevention and
Firefighter Safety Programs.--Paragraph (4)(A) of such
section, as amended by subsection (b), is further amended in
the matter preceding clause (i), by striking ``5 percent''
and inserting ``6 percent''.
SEC. 4007. ASSISTANCE FOR APPLICATIONS.
Paragraph (5) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)), as
amended by section 3(c), is further amended by adding at the
end the following new subparagraph:
``(D) Assistance to prepare an application.--The Secretary
of Homeland Security shall provide assistance with the
preparation of applications for grants under this section.''.
SEC. 4008. REDUCED REQUIREMENTS FOR MATCHING FUNDS.
(a) Amount Required.--Paragraph (6) of section 33(b) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)) is amended by striking subparagraphs (A) and (B) and
inserting the following:
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary of Homeland Security may provide assistance
under this subsection only if the applicant for such
assistance agrees to match 20 percent of such assistance for
any fiscal year with an equal amount of non-Federal funds.
``(B) Requirement for small community organizations.--In
the case of an applicant whose personnel--
``(i) serve jurisdictions of 50,000 or fewer residents, the
percent applied under the matching requirement of
subparagraph (A) shall be 10 percent; or
``(ii) serve jurisdictions of 20,000 or fewer residents,
the percent applied under the matching requirement of
subparagraph (A) shall be 5 percent.''.
(b) Exception.--Such paragraph, as amended by subsection
(a), is further amended by
[[Page S6516]]
adding at the end the following new subparagraph:
``(C) Exception.--No matching funds may be required under
this subsection for assistance provided under subparagraph
(A)(ii) of paragraph (4) to an organization described in
subparagraph (B) of such paragraph.''.
(c) Special Rule for Requests for Automated External
Defibrillator Devices.--Section 33(b) of such Act is further
amended by adding at the end the following new paragraph:
``(13) Special rules for grants for automated external
defibrillator devices.--
``(A) Limitations.--The Secretary of Homeland Security
shall reduce the percentage of non-Federal matching funds for
a grant as described in subparagraph (B) if--
``(i) the applicant is requesting grant funds to obtain one
or more automated external defibrillator devices, as
authorized by paragraph (3)(O);
``(ii) the award of such grant will result in the applicant
possessing exactly one such device for each first-due
emergency vehicle operated by the applicant;
``(iii) the applicant certifies to the Secretary of
Homeland Security that the applicant possesses, at the time
such application is filed, a number of such devices that is
less than the number of first-due emergency vehicles operated
by the applicant and that the applicant is capable of
storing, in a manner conducive to rapid use, such devices on
each such vehicle; and
``(iv) the applicant has not previously received a grant
under this subsection to obtain such devices.
``(B) Matching requirements.--If an applicant meets the
criteria set out in clauses (i), (ii), (iii), and (iv) of
subparagraph (A), the Secretary of Homeland Security shall
reduce the percentage of non-Federal matching funds required
by paragraph (6) by 2 percentage points for all assistance
requested in the application submitted by such applicant.
``(C) First-due defined.--In this paragraph, the term
`first-due' means the firefighting and emergency medical
services vehicles that are utilized by a fire service for
immediate response to an emergency situation.''.
SEC. 4009. GRANT RECIPIENT LIMITATIONS.
(a) Limitations on Grant Amounts.--Subparagraph (A) of
section 33(b)(10) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229(b)(10)) is amended to read as
follows:
``(A) Limitations on grant amount.--
``(i) General limitation.--Subject to clause (ii), a
recipient of assistance under this section may not receive in
a fiscal year an amount of such assistance that exceeds the
greater of $2,250,000 or the amount equal to 0.5 percent of
the total amount of funds appropriated for such assistance
for such fiscal year.
``(ii) Limitations on basis of population.--Subject to
clause (iii), a recipient of assistance under this section
that serves a jurisdiction of less than 1,000,000 individuals
may not receive more than $1,500,000 of such assistance for a
fiscal year, except that such a recipient that serves a
jurisdiction of less than 500,000 individuals may not receive
more than $1,000,000 of such assistance during a fiscal year.
``(iii) Waiver.--With respect to assistance provided in a
fiscal year before fiscal year 2007, the Secretary of
Homeland Security, in consultation with the Administrator,
may waive the limitations set out in clause (ii) if the
Secretary determines that a waiver is warranted by an
extraordinary need for assistance for fire suppression
activities by a jurisdiction, whether such need is caused by
the likelihood of terrorist attack, natural disaster,
destructive fires occurring over a large geographic area, or
some other cause.''.
(b) Limitations on Grants for Volunteer Emergency Medical
Services.--Such section, as amended by subsection (a), is
further amended by adding at the end the following new
subparagraph:
``(C) Limitations on expenditures for volunteer emergency
medical services.--Not more than 3.5 percent of the funds
appropriated to provide grants under this section for a
fiscal year may be awarded to volunteer emergency medical
service organizations.''.
SEC. 4010. OTHER CONSIDERATIONS.
Section 33(b) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229(b)), as amended by section 8, is
amended by adding at the end the following new paragraph:
``(14) Other considerations.--In providing assistance under
this section, the Secretary of Homeland Security shall--
``(A) consider the extent to which the recipient of such
assistance is able to enhance the daily operations of a fire
service and to improve the protection of people and property
from fire; and
``(B) ensure that such assistance awarded to a volunteer
emergency medical service organization will not be used to
provide emergency medical services in a geographic area if
such services are adequately provided by a fire service in
such area.''.
SEC. 4011. REPORTS TO CONGRESS.
(a) Study and Report on Assistance to Firefighters.--
(1) Study.--The Secretary, in conjunction with the National
Fire Protection Association, shall conduct a study--
(A) to assess the types of activities that are carried out
by fire services;
(B) to determine whether the level of Federal funding made
available to fire services is adequate;
(C) to assess categories of services, including emergency
medical services, that are not adequately provided by fire
services on either the national or State level; and
(D) to measure the effect, if any, of the assistance
provided under section 33 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229) on the needs of fire
services identified in the report submitted to Congress under
section 1701(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-363).
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the findings of the study described in paragraph
(1).
(b) Report by GAO.--Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on--
(1) the administration of the assistance provided under
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229); and
(2) the success of the Secretary in administering the
Federal Emergency Management Agency.
(c) Report on Waiver of Amount Limitations.--Not later than
18 months after the date of the enactment of this Act, the
Secretary shall submit to Congress a report on the instances,
if any, of the use of the waiver authority set out in section
33(b)(10)(A)(iii) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229(b)(10)(A)(iii)), as added by
section 9.
(d) Definitions.--In this section:
(1) Fire service.--The term ``fire service'' has the
meaning given that term in section 4 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4012. TECHNICAL CORRECTIONS.
(a) Repeal of Duplicative Definition.--Subsection (d) of
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229) is repealed.
(b) Redesignations Necessitated by Duplicative Numbering.--
The sections 33 and 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2230 and 2231) that were added
by sections 105 and 106 of Public Law 106-503 (114 Stat.
2301) are redesignated as sections 34 and 35, respectively.
SEC. 4013. AUTHORIZATION OF APPROPRIATIONS.
(a) Firefighter Assistance Programs.--Section 33(e) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(e)) is amended by striking the first sentence and
inserting ``There are authorized to be appropriated for the
purposes of this section $900,000,000 for fiscal year 2005,
$950,000,000 for fiscal year 2006, and $1,000,000,000 for
each of the fiscal years 2007 through 2010.''.
(b) Study on Assistance to Firefighters.--There are
authorized to be appropriated to the Secretary of Homeland
Security $300,000 for fiscal year 2005 to carry out the
requirements of section 4011(a).
______
SA 3310. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 280, after line 22, insert the following:
SEC. 1068. FEDERAL LAW ENFORCEMENT PAY.
(a) Adjusted Differentials.--
(1) In general.--Paragraph (1) of section 404(b) of the
Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305
note) is amended by striking the matter after ``follows:''
and inserting the following:
``Area Differential
Atlanta Consolidated Metropolitan Statistical Area............16.82%
Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated
Metropolitan Statistical Area...............................24.42%
Chicago-Gary-Kenosha, IL-IN-WI Consolidated Metropolitan
Statistical Area............................................25.68%
Cincinnati-Hamilton, OH-KY-IN Consolidated Metropolitan
Statistical Area............................................21.47%
Cleveland Consolidated Metropolitan Statistical Area..........17.83%
Columbus Consolidated Metropolitan Statistical Area...........16.90%
Dallas Consolidated Metropolitan Statistical Area.............18.51%
Dayton Consolidated Metropolitan Statistical Area.............15.97%
Denver-Boulder-Greeley, CO Consolidated Metropolitan Statistical
Area........................................................22.78%
Detroit-Ann Arbor-Flint, MI Consolidated Metropolitan Statistical
Area........................................................25.61%
Hartford, CT Consolidated Metropolitan Statistical Area.......24.47%
Houston-Galveston-Brazoria, TX Consolidated Metropolitan
Statistical Area............................................30.39%
Huntsville Consolidated Metropolitan Statistical Area.........13.29%
[[Page S6517]]
Indianapolis Consolidated Metropolitan Statistical Area.......13.38%
Kansas City Consolidated Metropolitan Statistical Area........14.11%
Los Angeles-Riverside-Orange County, CA Consolidated Metropolitan
Statistical Area............................................27.25%
Miami-Fort Lauderdale, FL Consolidated Metropolitan Statistical
Area........................................................21.75%
Milwaukee Consolidated Metropolitan Statistical Area..........17.45%
Minneapolis-St. Paul, MN-WI Consolidated Metropolitan Statistical
Area........................................................20.27%
New York-Northern New Jersey-Long Island, NY-NJ-CT-PA Consolidated
Metropolitan Statistical Area...............................27.11%
Orlando, FL Consolidated Metropolitan Statistical Area........14.22%
Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD Consolidated
Metropolitan Statistical Area...............................21.03%
Pittsburgh Consolidated Metropolitan Statistical Area.........14.89%
Portland-Salem, OR-WA Consolidated Metropolitan Statistical Ar20.96%
Richmond Consolidated Metropolitan Statistical Area...........16.46%
Sacramento-Yolo, CA Consolidated Metropolitan Statistical Area20.77%
San Diego, CA Consolidated Metropolitan Statistical Area......22.13%
San Francisco-Oakland-San Jose, CA Consolidated Metropolitan
Statistical Area............................................32.98%
Seattle-Tacoma-Bremerton, WA Consolidated Metropolitan Statistical
Area........................................................21.18%
St. Louis Consolidated Metropolitan Statistical Area..........14.69%
Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan
Statistical Area............................................19.48%
Rest of United States Consolidated Metropolitan Statistical 14.19%''.
(2) Special rules.--For purposes of the provision of law
amended by paragraph (1)--
(A) the counties of Providence, Kent, Washington, Bristol,
and Newport, RI, the counties of York and Cumberland, ME, and
the city of Concord, NH, shall be treated as if located in
the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated
Metropolitan Statistical Area; and
(B) members of the Capitol Police shall be considered to be
law enforcement officers within the meaning of section 402 of
the Federal Law Enforcement Pay Reform Act of 1990.
(3) Effective date.--The amendment made by paragraph (1)--
(A) shall take effect as if included in the Federal Law
Enforcement Pay Reform Act of 1990 on the date of the
enactment of such Act; and
(B) shall be effective only with respect to pay for service
performed in pay periods beginning on or after the date of
the enactment of this Act.
Paragraph (2) shall be applied in a manner consistent with
the preceding sentence.
(b) Separate Pay, Evaluation, and Promotion System for
Federal Law Enforcement Officers.--
(1) Study.--Not later than 6 months after the date of the
enactment of this Act, the Office of Personnel Management
shall study and submit to Congress a report which shall
contain its findings and recommendations regarding the need
for, and the potential benefits to be derived from, the
establishment of a separate pay, evaluation, and promotion
system for Federal law enforcement officers. In carrying out
this paragraph, the Office of Personnel Management shall take
into account the findings and recommendations contained in
the September 1993 report of the Office entitled ``A Plan to
Establish a New Pay and Job Evaluation System for Federal Law
Enforcement Officers''.
(2) Demonstration project.--
(A) In general.--If, after completing its report under
paragraph (1), the Office of Personnel Management considers
it to be appropriate, the Office shall implement, within 12
months after the date of the enactment of this Act, a
demonstration project to determine whether a separate system
for Federal law enforcement officers (as described in
paragraph (1)) would result in improved Federal personnel
management.
(B) Applicable provisions.--Any demonstration project under
this paragraph shall be conducted in accordance with the
provisions of chapter 47 of title 5, United States Code,
except that a project under this paragraph shall not be taken
into account for purposes of the numerical limitation under
section 4703(d)(2) of such title.
(C) Permanent changes.--Not later than 6 months before the
demonstration project's scheduled termination date, the
Office of Personnel Management shall submit to Congress--
(i) its evaluation of the system tested under the
demonstration project; and
(ii) recommendations as to whether or not that system (or
any aspects of that system) should be continued or extended
to other Federal law enforcement officers.
(3) Federal law enforcement officer defined.--In this
subsection, the term ``Federal law enforcement officer''
means a law enforcement officer as defined under section
8331(20) or 8401(17) of title 5, United States Code.
(c) Limitation on Premium Pay.--
(1) In general.--Section 5547 of title 5, United States
Code, is amended--
(A) in subsection (a), by striking ``5545a,'';
(B) in subsection (c), by striking ``or 5545a''; and
(C) in subsection (d), by striking the period and inserting
``or a criminal investigator who is paid availability pay
under section 5545a.''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of section
1114 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1239).
______
SA 3311. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1055. IMPOSITION OF OFFSETS UNDER CERTAIN DEPARTMENT OF
DEFENSE CONTRACTS.
(a) Requirement To Impose on Certain Contractors and
Subcontractors.--(1) Notwithstanding any declaration of
policy in section 123 of the Defense Production Act
Amendments of 1992 (Public Law 102-558; 106 Stat. 4198; 50
U.S.C. App. 2099 note), the Secretary of Defense shall impose
an offset on a contractor or subcontractor under a contract
of the Department of Defense for defense goods or services if
the preponderance of goods or services supplied by the
contractor or subcontractor under the contract are produced,
manufactured, grown, or extracted in a foreign country that
imposes, whether by law or practice, offsets in excess of 100
percent on United States suppliers of goods or services.
(2) The offset imposed on a contractor or subcontractor
under paragraph (1) shall be at least equal in percentage to
the percentage imposed by the foreign country concerned on
United States suppliers of goods and services.
(b) Authority To Impose on Certain Contractors and
Subcontractors.--Notwithstanding any declaration of policy in
such section 123, the Secretary may impose an offset on a
contractor or subcontractor under a contract of the
Department for defense goods or services if the preponderance
of goods or services supplied by the contractor or
subcontractor under the contract are produced, manufactured,
grown, or extracted in a foreign country that imposes,
whether by law or practice, offsets (other than offsets
described in subsection (a)) on United States suppliers of
goods or services under contracts in excess of $5,000,000.
(c) Offset Defined.--In this section, the term ``offset''
means any arrangement or understanding between a supplier of
defense articles or defense services (as those terms are
defined in the Arms Export Control Act (22 U.S.C. 2751 et
seq.) and a country under which the supplier agrees to
purchase or acquire, or to promote the purchase or
acquisition by persons of the supplier's country of, goods or
services produced, manufactured, grown, or extracted, in
whole or in part, in such country in consideration for the
purchase by such country of defense articles or defense
services from the supplier.
(d) Report on Imposition of Offsets.--The Secretary shall
submit to Congress a report on each imposition of offsets
under this section.
______
SA 3312. Mr. DODD (for himself, Mr. Baucus, and Mr. Lautenberg)
submitted an amendment intended to be proposed by him to the bill S.
2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR
HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS OF
THE ARMED FORCES FOR DEPLOYMENT IN OPERATIONS
IN IRAQ AND CENTRAL ASIA.
(a) Reimbursement Required.--(1) Subject to subsection (b),
the Secretary of Defense shall reimburse a member of the
Armed Forces, or a person or entity referred to in paragraph
(2), for the cost (including shipping cost) of any
protective, safety, or health equipment that was purchased by
such member, or such person or entity on behalf of such
member, before or during the deployment of such member in
Operation Noble Eagle, Operation Enduring Freedom, or
Operation Iraqi Freedom for the use of such member in
connection with such operation.
(2) A person or entity referred to in this paragraph is a
family member or relative of
[[Page S6518]]
a member of the Armed Forces, a non-profit organization, or a
community group.
(b) Limitations.--(1) In the case of armor or protective
equipment for high mobility multi-purpose wheeled vehicles
(known as HUMVEEs), reimbursement shall be made under
subsection (a) only for armor or equipment purchased during
the period beginning on September 11, 2001, and ending on
July 31, 2004.
(2) In the case of any other protective, safety, and health
equipment, reimbursement shall be made under subsection (a)
only for equipment purchased during the period beginning on
September 11, 2001, and ending on December 31, 2003.
(c) Covered Protective, Safety, and Health Equipment.--(1)
Subject to paragraph (2), protective, safety, and health
equipment for which reimbursement shall be made under
subsection (a) shall include personal body armor, collective
armor or protective equipment (including armor or protective
equipment for high mobility multi-purpose wheeled vehicles),
and items provided through the Rapid Fielding Initiative of
the Army such as the advanced (on-the-move) hydration system,
the advanced combat helmet, the close combat optics system, a
Global Positioning System (GPS) receiver, and a soldier
intercommunication device.
(2) Non-military equipment may be treated as protective,
safety, and health equipment for purposes of paragraph (1)
only if such equipment provides protection, safety, or health
benefits, as the case may be, such as would be provided by
equipment meeting military specifications.
(d) Funding.--Amounts for reimbursements under subsection
(a) shall be derived from amounts any amounts authorized to
be appropriated by this Act.
______
SA 3313. Mr. DODD (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. PROHIBITIONS ON USE OF CONTRACTORS FOR CERTAIN
DEPARTMENT OF DEFENSE ACTIVITIES.
(a) Prohibition on Use of Contractors in Interrogation of
Prisoners and Combat Missions.--(1) Notwithstanding any other
provision of law and except as provided in paragraph (2), the
use of contractors by the Department of Defense is prohibited
for activities as follows:
(A) Interrogation of prisoners, detainees, or combatants at
any United States military installation or other installation
under the authority of United States military or civilian
personnel.
(B) United States-led combat missions that require routine
engagement in direct combat on the ground, except in cases of
self-defense.
(2) The President may waive the prohibition in paragraph
(1) with respect to the use of contractors to provide
translator services under subparagraph (A) of that paragraph
if the President determines that no United States military
personnel with appropriate language skills are available to
provide translator services for the interrogation to which
the waiver applies.
(3) The President shall, on a quarterly basis, submit to
the appropriate committees of Congress a report on the use,
if any, of contractors for the provision of translator
services pursuant to the waiver authority in paragraph (2).
(b) Prohibition on Use of Funds.--No funds authorized to be
appropriated by this Act or any other Act may be obligated or
expended for the utilization of contractor personnel in
contravention of the prohibition in subsection (a), whether
such funds are provided directly to a contractor by a
department, agency, or other entity of the United States
Government or indirectly through a permanent, interim, or
transitional foreign government or other third party.
(c) Prohibition on Transfer of Custody of Prisoners to
Contractors.--No military or civilian element of the United
States Government may transfer any prisoner, detainee, or
combatant under the custody or control of such element to the
custody of a contractor or contractor personnel.
(d) Records of Transfers of Custody of Prisoners to Other
Countries.--(1) No military or civilian element of the United
States Government may transfer any prisoner, detainee, or
combatant under the custody or control of such element to the
custody of another country without making an appropriate
record of such transfer that includes the reasons for the
transfer.
(2) The Secretary shall ensure that--
(A) the records made of transfers by a transferring
authority as described in paragraph (1) are maintained by
that transferring authority in a central location; and
(B) the location and format of the records are such that
the records are readily accessible to, and readily viewable
by, the appropriate committees of Congress.
(3) A record under paragraph (1) shall be maintained in
unclassified form, but may include a classified annex.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Foreign Relations,
and the Judiciary of the Senate and the Select Committee on
Intelligence of the Senate; and
(2) the Committees on Armed Services, International
Relations, and the Judiciary of the House of Representatives
and the Permanent Select Committee on Intelligence of the
House of Representatives.
______
SA 3314. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 365, between lines 18 and 19, insert the following:
SEC. 2830. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT,
DOYLINE, LOUISIANA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the State of Louisiana (in this section referred to
as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 14,949
acres located at the Louisiana Army Ammunition Plant,
Doyline, Louisiana.
(b) Consideration.--As consideration for the conveyance of
property under subsection (a), the State shall--
(1) maintain at least 13,500 acres of such property for the
purpose of military training, unless the Secretary determines
that fewer acres are required for such purpose;
(2) ensure that any other uses that are made of the
property conveyed under subsection (a) do not adversely
impact military training;
(3) accommodate the use of such property, at no cost or
fee, for meeting the present and future training needs of
Armed Forces units, including units of the Louisiana National
Guard and the other active and reserve components of the
Armed Forces;
(4) assume, starting on the date that is five years after
the date of the conveyance of such property, responsibility
for any monitoring, sampling, or reporting requirements that
are associated with the environmental restoration activities
of the Army on the Louisiana Army Ammunition Plant, and shall
bear such responsibility until such time as such monitoring,
sampling, or reporting is no longer required; and
(5) assume the rights and responsibilities of the Army
under the armaments retooling manufacturing support agreement
between the Army and the facility use contractor with respect
to the Louisiana Army Ammunition Plant in accordance with the
terms of such agreement in effect at the time of the
conveyance.
(c) Payment of Costs of Conveyance.--(1) The Secretary may
require the State to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the
State in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred
by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to State.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by surveys satisfactory to
the Secretary. The cost of each survey shall be borne by the
State.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
______
SA 3315. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 130, between lines 9 and 10, insert the following:
SEC. 642. FULL SBP SURVIVOR BENEFITS FOR SURVIVING SPOUSES
OVER AGE 62.
(a) Phased Increase in Basic Annuity to 55 Percent.--(1)
Subsection (a)(1)(B)(i) of section 1451 of title 10, United
States Code, is
[[Page S6519]]
amended by striking ``35 percent of the base amount.'' and
inserting ``the product of the base amount and the percent
applicable for the month. The percent applicable for a month
is 35 percent for months beginning before October 2005, 40
percent for months beginning after September 2005 and before
April 2006, 45 percent for months beginning after March 2006
and before April 2007, 50 percent for months beginning after
March 2007 and before April 2008, and 55 percent for months
beginning after March 2008.''.
(2) Subsection (a)(2)(B)(i)(I) of such section is amended
by striking ``35 percent'' and inserting ``the percent
specified under paragraph (1)(B)(i) as being applicable for
the month''.
(3) Subsection (c)(1)(B)(i) of such section is amended--
(A) by striking ``35 percent'' and inserting ``the
applicable percent''; and
(B) by adding at the end the following: ``The percent
applicable for a month under the preceding sentence is the
percent specified under subsection (a)(1)(B)(i) as being
applicable for the month.''.
(4) The heading for subsection (d)(2)(A) of such section is
amended to read as follows: ``Computation of Annuity.--
''.
(b) Phased Elimination of Supplemental Annuity.--(1)
Section 1457(b) of title 10, United States Code, is amended--
(A) by striking ``5, 10, 15, or 20 percent'' and inserting
``the applicable percent''; and
(B) by inserting after the first sentence the following:
``The percent used for the computation shall be an even
multiple of 5 percent and, whatever the percent specified in
the election, may not exceed 20 percent for months beginning
before October 2005, 15 percent for months beginning after
September 2005 and before April 2006, 10 percent for months
beginning after March 2006 and before April 2007, and 5
percent for months beginning after March 2007.''.
(2) Effective on April 1, 2008, chapter 73 of such title is
amended--
(A) by striking subchapter III; and
(B) by striking the item relating to subchapter III in the
table of subchapters at the beginning of that chapter.
(c) Recomputation of Annuities.--(1) Effective on the first
day of each month referred to in paragraph (2)--
(A) each annuity under section 1450 of title 10, United
States Code, that commenced before that month, is computed
under a provision of section 1451 of that title amended by
subsection (a), and is payable for that month shall be
recomputed so as to be equal to the amount that would be in
effect if the percent applicable for that month under that
provision, as so amended, had been used for the initial
computation of the annuity; and
(B) each supplemental survivor annuity under section 1457
of such title that commenced before that month and is payable
for that month shall be recomputed so as to be equal to the
amount that would be in effect if the percent applicable for
that month under that section, as amended by this section,
had been used for the initial computation of the supplemental
survivor annuity.
(2) The requirements for recomputation of annuities under
paragraph (1) apply with respect to the following months:
(A) October 2005.
(B) April 2006.
(C) April 2007.
(D) April 2008.
(d) Recomputation of Retired Pay Reductions for
Supplemental Survivor Annuities.--The Secretary of Defense
shall take such actions as are necessitated by the amendments
made by subsection (b) and the requirements of subsection
(c)(1)(B) to ensure that the reductions in retired pay under
section 1460 of title 10, United States Code, are adjusted to
achieve the objectives set forth in subsection (b) of that
section.
(e) Open Enrollment Period For Survivor Benefit Plan
Commencing October 1, 2005.--(1)(A) An eligible retired or
former member may elect to participate in the Survivor
Benefit Plan under subchapter II of chapter 73 of title 10,
United States Code, during the open enrollment period
specified in paragraph (5).
(B) An eligible retired or former member who elects under
subparagraph (A) to participate in the Survivor Benefit Plan
at the maximum level may also elect during the open
enrollment period to participate in the Supplemental Survivor
Benefit Plan established under subchapter III of chapter 73
of title 10, United States Code.
(C) For purposes of subparagraphs (A) and (B), an eligible
retired or former member is a member or former member of the
uniformed services who on the day before the first day of the
open enrollment period is not a participant in the Survivor
Benefit Plan and--
(i) is entitled to retired pay; or
(ii) would be entitled to retired pay under chapter 1223 of
title 10, United States Code, but for the fact that such
member or former member is under 60 years of age.
(D) A person making an election under subparagraph (A) by
reason of eligibility under subparagraph (C)(i) shall be
treated for all purposes as providing a standard annuity
under the Survivor Benefit Plan.
(E) A person making an election under subparagraph (A) by
reason of eligibility under subparagraph (C)(ii) shall be
treated for all purposes as providing a reserve-component
annuity under the Survivor Benefit Plan.
(2) A person who on the day before the first day of the
open enrollment period is a participant in the Survivor
Benefit Plan but is not participating at the maximum base
amount or is providing coverage under the Plan for a
dependent child and not for the person's spouse or former
spouse may, during the open enrollment period, elect to--
(A) participate in the Plan at a higher base amount (not in
excess of the participant's retired pay); or
(B) provide annuity coverage under the Plan for the
person's spouse or former spouse at a base amount not less
than the base amount provided for the dependent child.
(3)(A) A person who is eligible to make an election under
this paragraph may elect during the open enrollment period to
participate in the Supplemental Survivor Benefit Plan
established under subchapter III of chapter 73 of title 10,
United States Code.
(B) Except as provided in subparagraph (C), a person is
eligible to make an election under subparagraph (A) if on the
day before the first day of the open enrollment period the
person--
(i) is a participant in the Survivor Benefit Plan at the
maximum level, or during the open enrollment period the
person increases the level of such participation to the
maximum level under paragraph (2) of this subsection; and
(ii) under that Plan is providing annuity coverage for the
person's spouse or a former spouse.
(C) A person is not eligible to make an election under
subparagraph (A) if (as determined by the Secretary
concerned) the annuity of a spouse or former spouse
beneficiary of that person under the Survivor Benefit Plan is
to be computed under section 1451(e) of title 10, United
States Code. However, such a person may during the open
enrollment period waive the right to have that annuity
computed under such section 1451(e). Any such election is
irrevocable. A person making such a waiver may make an
election under subparagraph (A) as in the case of any other
participant in the Survivor Benefit Plan.
(4) An election under this subsection shall be made in
writing, signed by the person making the election, and
received by the Secretary concerned before the end of the
open enrollment period. Any such election shall be made
subject to the same conditions, and with the same
opportunities for designation of beneficiaries and
specification of base amount, that apply under the Survivor
Benefit Plan or the Supplemental Survivor Benefit Plan, as
the case may be. A person making an election under paragraph
(1) to provide a reserve-component annuity shall make a
designation described in section 1448(e) of title 10, United
States Code. Any such election shall be effective as of the
first day of the first calendar month following the month in
which the election is received by the Secretary concerned.
(5) The open enrollment period under this section shall be
the one-year period beginning on October 1, 2005.
(6) If a person making an election under this subsection
dies before the end of the two-year period beginning on the
effective date of the election, the election is void and the
amount of any reduction in retired pay of the person that is
attributable to the election shall be paid in a lump sum to
the person who would have been the deceased person's
beneficiary under the voided election if the deceased person
had died after the end of such two-year period.
(7) The provisions of sections 1449, 1453, and 1454 of
title 10, United States Code, are applicable to a person
making an election, and to an election, under this subsection
in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit
Plan, as the case may be.
(8) The Secretary of Defense may require that the premium
for a person making an election under paragraph (1)(A) or (2)
include, in addition to the amount required under section
1452(a) of title 10, United States Code, an amount determined
under regulations prescribed by the Secretary of Defense for
the purposes of this subsection. Any such amount shall be
stated as a percentage of the base amount of the person
making the election and shall reflect the number of years
that have elapsed since the person retired, but may not
exceed 4.5 percent of that person's base amount.
(f) Report Concerning Open Season.--Not later than July 1,
2005, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the open season authorized by
subsection (e) for the Survivor Benefit Plan. The report
shall include the following:
(1) A description of the Secretary's plans for
implementation of the open season.
(2) The Secretary's estimates of the costs associated with
the open season, including any anticipated effect of the open
season on the actuarial status of the Department of Defense
Military Retirement Fund.
(3) Any recommendation by the Secretary for further
legislative action.
______
SA 3316. Mr. HARKIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
[[Page S6520]]
At the appropriate place add the following:
Since it is the mission of the Armed Forces Radio and
Television Service to provide high-quality news, information
and entertainment to US forces;
Since a key principle of Department of Defense internal
information is to make available a free flow of general and
military information without censorship or propaganda to the
men and women of the Armed Forces and their dependents;
Since the Armed Forces Radio and Television Service seeks
to represent in its programming what is seen and heard in the
United States;
Since it is the policy of Armed Forces Radio and Television
Service, as outlined in Department of Defense Regulation
5120.20R, to provide a free flow of political programming and
public affairs programs selected to provide balance and
diversity from available nationally recognized program
sources: Therefore be it determined, That it is the sense of
the Senate--
That the Armed Forces Radio and Television Service should
strive to ensure that it fully serves its mission and
listeners by seeking to present all sides of important public
questions fairly and with balance by basing programming
decisions for each of its news, public affairs and
uninterrupted voice program services on a diversity of
educational and informational needs, not only on commercial
market share determinations.
______
SA 3317. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle B of title XXXI, insert the
following:
SEC. 3122. BERYLLIUM SCREENING IN MASSACHUSETTS.
(a) Availability of Funds.--Of the amount authorized to be
appropriated for the Department of Energy for fiscal year
2005 by section 3103 for other defense activities, $250,000
shall be available for beryllium screening, and related
outreach, for employees of vendors who supplied beryllium to
the Atomic Energy Commission for use in the nuclear weapons
program.
(b) Employees of Vendors Defined.--In this section, the
term ``employees of vendors'' means employees of vendors in
Massachusetts as follows:
(1) Wyman Gordon, Incorporated.
(2) Norton.
(3) Nuclear Materials and Equipment Corporation.
(4) The Massachusetts Institute of Technology.
(5) Any other beryllium vendor identified as such for
purposes of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (title XXXVI of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398); 42 U.S.C.
7384 et seq.).
______
SA 3318. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
On page 256, between lines 10 and 11, insert the following:
SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCHES.
It is the sense of Congress that the Secretary of Defense
should provide support for, and continue the development,
certification, and deployment of portable range safety
systems that are capable of--
(1) reducing costs related to national security space
launches and launch infrastructure; and
(2) enhancing technical capabilities and operational safety
at the Eastern, Western, and other United States space
launches.
______
SA 3319. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 844. REPEAL OF CERTAIN REQUIREMENTS AND LIMITATIONS
RELATING TO THE DEFENSE INDUSTRIAL BASE.
(a) Essential Item Identification and Domestic Production
Capabilities Improvement.--Sections 812, 813, and 814 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1542, 1543, 1545; 10 U.S.C.
2501 note) are repealed.
(b) Elimination of Unreliable Source for Items and
Components.--Section 821 of such Act (117 Stat. 1546; 10
U.S.C. 2534 note) is repealed.
______
SA 3320. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
In lieu of the matter proposed to be stricken, insert the
following:
SEC. 842. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT
REQUIREMENTS.
(a) Authority.--Subchapter V of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2539c. Waiver of domestic source or content
requirements
``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any
domestic source requirement or domestic content requirement
referred to in subsection (b) and thereby authorize the
procurement of items that are grown, reprocessed, reused,
produced, or manufactured--
``(1) in a foreign country that has a Declaration of
Principles with the United States;
``(2) in a foreign country that has a Declaration of
Principles with the United States substantially from
components and materials grown, reprocessed, reused,
produced, or manufactured in the United States or any foreign
country that has a Declaration of Principles with the United
States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(c) Applicability.--The authority of the Secretary to
waive the application of a domestic source or content
requirements under subsection (a) applies to the procurement
of items for which the Secretary of Defense determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a Declaration
of Principles with the United States; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items
produced in that country.
``(d) Limitation on Delegation.--The authority of the
Secretary to waive the application of domestic source or
content requirements under subsection (a) may not be
delegated to any officer or employee other than the Under
Secretary of Defense for Acquisition, Technology and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of
the application of a domestic source or content requirement
under subsection (a) only after consultation with the United
States Trade Representative, the Secretary of Commerce, and
the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not
exercise the authority under subsection (a) to waive any
domestic source or content requirement contained in any of
the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The
authority under subsection (a) to waive a domestic source
requirement or domestic content requirement is in addition to
any other authority to waive such requirement.
``(h) Construction With Respect to Later Enacted Laws.--
This section may not be construed as being inapplicable to a
domestic source requirement or domestic content requirement
that is set forth in a law enacted after the enactment of
this section solely on the basis of the later enactment.
[[Page S6521]]
``(i) Declaration of Principles.--(1) In this section, the
term `Declaration of Principles' means a written
understanding (including any Statement of Principles) between
the Department of Defense and its counterpart in a foreign
country signifying a cooperative relationship between the
Department and its counterpart to standardize or make
interoperable defense equipment used by the armed forces and
the armed forces of the foreign country across a broad
spectrum of defense activities, including--
``(A) harmonization of military requirements and
acquisition processes;
``(B) security of supply;
``(C) export procedures;
``(D) security of information;
``(E) ownership and corporate governance;
``(F) research and development;
``(G) flow of technical information; and
``(H) defense trade.
``(2) A Declaration of Principles is underpinned by a
memorandum of understanding or other agreement providing for
the reciprocal procurement of defense items between the
United States and the foreign country concerned without
unfair discrimination in accordance with section 2531 of this
title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
SEC. 843. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER
TRADE AGREEMENTS.
No provision of this Act or any amendment made by this Act
shall apply to a procurement by or for the Department of
Defense to the extent that the Secretary of Defense, in
consultation with the Secretary of Commerce, the United
States Trade Representative, and the Secretary of State,
determines that it is inconsistent with United States
obligations under a trade agreement.
______
SA 3321. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
In lieu of the matter proposed to be stricken, insert the
following:
SEC. 842. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT
REQUIREMENTS FOR COUNTRIES ENGAGED IN CERTAIN
OPERATIONS IN THE GLOBAL WAR ON TERROR.
(a) Authority.--Except as provided in subsection (e), the
Secretary of Defense may waive the application of any
domestic source requirement or domestic content requirement
referred to in subsection (b) to items that are grown,
reprocessed, reused, produced, or manufactured in a foreign
country that has supplied air, naval, ground, or
stabilization forces under the United States Central Command
or the International Security Assistance Force in Operation
Enduring Freedom or Operation Iraqi Freedom and, in so
waiving such requirement, thereby authorize the procurement
of such items.
(b) Covered Requirements.--For purposes of this section:
(1) A domestic source requirement is any requirement under
law that the Department of Defense satisfy its requirements
for an item by procuring an item that is grown, reprocessed,
reused, produced, or manufactured in the United States or by
a manufacturer that is a part of the national technology and
industrial base (as defined in section 2500(1) of title 23,
United States Code).
(2) A domestic content requirement is any requirement under
law that the Department of Defense satisfy its requirements
for an item by procuring an item produced or manufactured
partly or wholly from components and materials grown,
reprocessed, reused, produced, or manufactured in the United
States.
(c) Applicability.--The authority of the Secretary to waive
the application of a domestic source or content requirements
under subsection (a) applies to the procurement of items for
which the Secretary of Defense determines that--
(1) application of the requirement would impede the
reciprocal procurement of defense items under a memorandum of
understanding providing for reciprocal procurement of defense
items between a foreign country and the United States in
accordance with section 2531 of title 23, United States Code;
and
(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items
produced in that country.
(d) Consultations.--The Secretary may grant a waiver of the
application of a domestic source or content requirement under
subsection (a) only after consultation with the United States
Trade Representative, the Secretary of Commerce, and the
Secretary of State.
(e) Laws Not Waivable.--The Secretary of Defense may not
exercise the authority under subsection (a) to waive any
domestic source or content requirement contained in any of
the following laws:
(1) The Small Business Act (15 U.S.C. 631 et seq.).
(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
(3) Sections 7309 and 7310 of title 23, United States Code.
(4) Section 2533a of title 23, United States Code.
(f) Relationship to Other Waiver Authority.--The authority
under subsection (a) to waive a domestic source requirement
or domestic content requirement is in addition to any other
authority to waive such requirement.
(g) Construction With Respect to Later Enacted Laws.--This
section may not be construed as being inapplicable to a
domestic source requirement or domestic content requirement
that is set forth in a law enacted after the enactment of
this section solely on the basis of the later enactment.
SEC. 843. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER
TRADE AGREEMENTS.
No provision of this Act or any amendment made by this Act
shall apply to a procurement by or for the Department of
Defense to the extent that the Secretary of Defense, in
consultation with the Secretary of Commerce, the United
States Trade Representative, and the Secretary of State,
determines that it is inconsistent with United States
obligations under a trade agreement.
______
SA 3322 Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 280, after line 22, insert the following:
SEC. 1068. MISSILE DEFENSE COOPERATION.
(a) Department of State Procedures for Expedited Review of
Licenses for the Transfer of Defense Items Related to Missile
Defense.--
(1) Expedited procedures.--The Secretary of State shall, in
consultation with the Secretary of Defense, establish
procedures for considering technical assistance agreements
and related amendments and munitions license applications for
the export of defense items related to missile defense not
later than 30 days after receiving such agreements,
amendments, and munitions license applications, except in
cases in which the Secretary of State determines that
additional time is required to complete a review of a
technical assistance agreement or related amendment or a
munitions license application for foreign policy or national
security reasons, including concerns regarding the
proliferation of ballistic missile technology.
(2) Study on comprehensive authorizations for missile
defense.--The Secretary of State shall, in consultation with
the Secretary of Defense, examine the feasibility of
providing major project authorizations for programs related
to missile defense similar to the comprehensive export
authorization specified in section 126.14 of the
International Traffic in Arms Regulations (section 126.14 of
title 22, Code of Federal Regulations).
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall, in
consultation with the Secretary of Defense, submit to the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate and the Committee on International
Relations and the Committee on Armed Services of the House of
Representatives a report on--
(A) the implementation of the expedited procedures required
under paragraph (1); and
(B) the feasibility of providing the major project
authorization for projects related to missile defense
described in paragraph (2).
(b) Department of Defense Procedures for Expedited Review
of Licenses for the Transfer of Defense Items Related to
Missile Defense.--
(1) Procedures.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of State, prescribe
procedures to increase the efficiency and transparency of the
practices used by the Department of Defense to review
technical assistance agreements and related amendments and
munitions license applications related to international
cooperation on missile defense that are referred to the
Department.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on Armed Services
and the Committee on International Relations of the House of
Representatives a report--
(A) describing actions taken by the Secretary of Defense to
coordinate with the Secretary of State the establishment of
the expedited review process described in subsection (a)(1);
(B) identifying key defense items related to missile
defense that are suitable for comprehensive licensing
procedures; and
(C) describing the procedures prescribed pursuant to
paragraph (1).
[[Page S6522]]
(c) Definition of Defense Items.--In this section, the term
``defense items'' has the meaning given that term in section
38(j)(4)(A) of the Arms Export Control Act (22 U.S.C.
2778(j)(4)(A)).
______
SA 3323 Mr. FITZGERALD (for himself, Ms. Cantwell and Mr. Hollings)
submitted an amendment intended to be proposed by him to the bill S.
2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. LIMITATION AS TO PERSONS WHO MAY PERFORM EYE
SURGERY FOR DEPARTMENT OF VETERANS AFFAIRS.
Section 1707 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) Eye surgery at a Department facility or under
contract with the Department may be performed only by an
individual who is a licensed medical doctor, a licensed
doctor of osteopathy, or a licensed dentist whose practice is
limited to the specialty of oral or maxillofacial surgery.
``(2) For purposes of this subsection, the term `eye
surgery' means any procedure involving the eye or the adnexa
in which human tissue is cut, burned, frozen, vaporized,
ablated, probed, or otherwise altered or penetrated by
incision, injection, laser, ultrasound, ionizing radiation,
or by other means, in order to treat eye disease, alter or
correct refractive error, or alter or enhance cosmetic
appearance. Such term does not include the following
noninvasive, nonsurgical procedures: removal of superficial
ocular foreign bodies from the conjunctival surface, from the
eyelid epidermis, or from the corneal epithelium; corneal
debridement and scraping; forceps epilation of misaligned
eyelashes; the prescription and fitting of contact lenses;
insertion of punctal plugs, diagnostic dilation or irrigation
of the lacrimal system; the use of diagnostic ultrasound;
orthokeratology; or the treatment of emergency cases of
anaphylactic shock (with subcutaneous epinephrine, such as
that included in a bee sting kit).''.
______
SA 3324 Mr. THOMAS (for himself and Mr. Enzi) submitted an amendment
intended to be proposed by him to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 311, in the table preceding line 1, insert after
the item relating to Hill Air Force Base, Utah, the following
new item:
------------------------------------------------------------------------
------------------------------------------------------------------------
Wyoming.......................... F.E. Warren Air $5,500,000
Force Base.
------------------------------------------------------------------------
On page 311, in the table preceding line 1, strike the
amount identified as the total in the amount column and
insert ``$452,023,000''.
On page 314, line 7, strike ``$2,487,824,000'' and insert
``$2,493,324,000''.
On page 314, line 10, strike ``$446,523,000'' and insert
``$452,023,000''.
On page 322, line 21, strike ``$214,418,000'' and insert
``$221,818,000''.
______
SA 3325. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Strike section 867, and insert the following:
SEC. 867. APPLICABILITY OF RANDOLPH-SHEPPARD ACT AND JAVITS-
WAGNER-O'DAY ACT TO MILITARY TROOP DINING
SERVICES.
(a) Services Under Existing Javits-Wagner-O'Day Act
Contracts.--(1) The Randolph-Sheppard Act (20 U.S.C. 107 et
seq.) does not apply to any contract described in paragraph
(2) for so long as the services provided under that contract
remain on the procurement list established under section 2 of
the Javits-Wagner-O'Day Act (41 U.S.C. 47).
(2) Paragraph (1) applies to any contract for the
procurement of military troop dining services that--
(A) was entered into before the date of the enactment of
this Act with a nonprofit agency for the blind or an agency
for other severely handicapped in compliance with section 3
of the Javits-Wagner-O'Day Act (41 U.S.C. 48); and
(B) is in effect on such date.
(b) Services Under Existing Randolph-Sheppard Act
Contracts.--(1) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.) does not apply to--
(A) any contract described in paragraph (2) for so long as
the contract is in effect, including for any period for which
the contract is extended pursuant to an option provided in
the contract; or
(B) any successor contract for the same military troop
dining services.
(2) Paragraph (1) applies to any contract for the
procurement of military troop dining services that--
(A) was entered into before the date of the enactment of
this Act with a State licensing agency under the Randolph-
Sheppard Act (20 U.S.C. 107 et seq.); and
(B) is in effect on such date.
(c) Source Selection Procedure for Awarding New
Contracts.--(1) The selection of a source to which to award a
contract for the procurement of military troop dining
services, other than contracts described in subsections (a)
and (b), shall be made according to the procedures provided
under this subsection.
(2) As soon as practicable before the date for commencement
of the performance of a contract to which this subsection
applies, but not less than 180 days before such date, the
procuring official shall transmit to the Commissioner of the
Rehabilitation Services Administration of the Department of
Education a notification of the proposed contract.
(3) Upon the receipt of a notification of a proposed
contract for the procurement of military troop dining
services under paragraph (2), the Commissioner shall timely
determine whether one or more State licensing agencies
request that the contract be awarded in compliance with the
Randolph-Sheppard Act. If the Commissioner timely receives
such a request, the procurement shall be conducted in a
manner that applies the priority provided to State licensing
agencies under the Randolph-Sheppard Act. If the Commissioner
does not timely receive such a request, the procurement shall
be conducted under applicable law, including the Javits-
Wagner-O'Day Act. The procuring official shall prescribe the
time requirements for determinations and requests under this
paragraph in relation to performance requirements.
(4) If, in accordance with section 3 of the Javits-Wagner-
O'Day Act, a qualified nonprofit agency for the blind or a
qualified nonprofit agency for other severely handicapped
enters into a contract for the procurement of military troop
dining services to which this subsection applies, then the
Randolph-Sheppard Act does not apply to the performance of
the services covered by that contract, but only for so long
as that contract is in effect, including for any period for
which the contract is extended pursuant to an option provided
in the contract.
(d) Geographic Applicability.--This section applies to a
contract for the procurement of military troop dining
services to be provided at a military installation in a
State, the Commonwealth of Puerto Rico, or any territory or
possession of the United States, including a contract for the
procurement of military troop dining services that are to be
provided in more than one State.
(e) Definitions.--In this section:
(1) The term ``military troop dining services'' means any
services related to the provision of Government-furnished
meals to members of the Armed Forces, including meals
provided in a military mess hall, a military troop dining
facility, or any similar dining facility operated for the
purpose of providing meals to members of the Armed Forces.
(2) The term ``State licensing agency'' means an agency
designated under section 2(a)(5) of the Randolph-Sheppard Act
(20 U.S.C. 107a(a)(5)).
(3) The terms ``qualified nonprofit agency for the blind''
and ``qualified nonprofit agency for other severely
handicapped'' have the meanings given such terms in section 5
of the Javits-Wagner-O'Day Act (41 U.S.C. 48b).
(f) Repeal of Superseded Law.--Section 852 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1556) is repealed.
______
SA 3326. Mr. GRAHAM of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 2400, to authorize appropriations
for fiscal year 2005 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Services, and for other purposes; which was ordered
to lie on the table; as follows:
On page 221, between the matter following line 17 and line
18, insert the following:
SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.
(a) Department of the Army.--(1) Section 3019(b) of title
10, United States Code, is amended by striking ``The General
Counsel'' and inserting ``Subject to sections 806 and 3037 of
this title, the General Counsel''.
(2)(A) Section 3037 of such title is amended to read as
follows:
``Sec. 3037. Judge Advocate General, Assistant Judge Advocate
General: appointment; duties
``(a) Position of Judge Advocate General.--There is a Judge
Advocate General in
[[Page S6523]]
the Army, who is appointed by the President, by and with the
advice and consent of the Senate, from officers of the Judge
Advocate General's Corps. The term of office is four years,
but may be sooner terminated or extended by the President. An
appointee who holds a lower regular grade shall be appointed
in the regular grade of lieutenant general.
``(b) Appointment.--The Judge Advocate General of the Army
shall be appointed from those officers who at the time of
appointment are members of the bar of a Federal court or the
highest court of a State or Territory, and who have had at
least eight years of experience in legal duties as
commissioned officers.
``(c) Duties.--The Judge Advocate General, in addition to
other duties prescribed by law--
``(1) is the legal adviser of the Secretary of the Army,
the Chief of Staff of the Army, and the Army Staff, and of
all officers and agencies of the Department of the Army;
``(2) shall direct and supervise the members of the Judge
Advocate General's Corps and civilian attorneys employed by
the Department of the Army (other than those assigned or
detailed to the Office of the General Counsel of the Army) in
the performance of their duties;
``(3) shall direct and supervise the performance of duties
under chapter 47 of this title (the Uniform Code of Military
Justice) by any member of the Army;
``(4) shall receive, revise, and have recorded the
proceedings of courts of inquiry and military commissions;
and
``(5) shall perform such other legal duties as may be
directed by the Secretary of the Army.
``(d) Position of Assistant Judge Advocate General.--There
is an Assistant Judge Advocate General in the Army, who is
appointed by the President, by and with the advice and
consent of the Senate, from officers of the Army who have the
qualifications prescribed in subsection (b) for the Judge
Advocate General. The term of office of the Assistant Judge
Advocate General is four years, but may be sooner terminated
or extended by the President. An officer appointed as
Assistant Judge Advocate General who holds a lower regular
grade shall be appointed in the regular grade of major
general.
``(e) Appointments Recommended by Selection Boards.--Under
regulations prescribed by the Secretary of Defense, the
Secretary of the Army, in selecting an officer for
recommendation to the President under subsection (a) for
appointment as the Judge Advocate General or under subsection
(d) for appointment as the Assistant Judge Advocate General,
shall ensure that the officer selected is recommended by a
board of officers that, insofar as practicable, is subject to
the procedures applicable to selection boards convened under
chapter 36 of this title.''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 305 of such title is
amended to read as follows:
``3037. Judge Advocate General, Assistant Judge Advocate General:
appointment; duties.''.
(b) Department of the Navy.--(1) Section 5019(b) of title
10, United States Code, is amended by striking ``The General
Counsel'' and inserting ``Subject to sections 806 and 5148 of
this title, the General Counsel''.
(2) Section 5148 of such title is amended--
(A) in subsection (b), by striking the fourth sentence and
inserting the following: ``The Judge Advocate General, while
so serving, has the grade of vice admiral or lieutenant
general, as appropriate.''; and
(B) in subsection (d)--
(i) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(ii) by inserting after paragraph (1) the following new
paragraph (2):
``(2) direct and supervise the members of the Judge
Advocate General's Corps in the performance of their
duties;''.
(c) Department of the Air Force.--(1) Section 8019(b) of
title 10, United States Code, is amended by striking ``The
General Counsel'' and inserting ``Subject to sections 806 and
8037 of this title, the General Counsel''.
(2) Section 8037 of such title is amended--
(A) in subsection (a), by striking the third sentence and
inserting the following: ``The Judge Advocate General, while
so serving, has the grade of lieutenant general.''; and
(B) in subsection (c)--
(i) by striking ``General shall,'' in the matter preceding
paragraph (1) and inserting ``General,'';
(ii) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5), respectively, and, in each such paragraph, by
inserting ``shall'' before the first word; and
(iii) by inserting after paragraph (1) the following new
paragraphs:
``(1) is the legal adviser of the Secretary of the Air
Force, the Chief of Staff of the Air Force, and the Air
Staff, and of all officers and agencies of the Department of
the Air Force;
``(2) shall direct and supervise the members of the Air
Force designated as judge advocates and civilian attorneys
employed by the Department of the Air Force (other than those
assigned or detailed to the Office of the General Counsel of
the Air Force) in the performance of their duties;
``(3) shall direct and supervise the performance of duties
under chapter 47 of this title (the Uniform Code of Military
Justice) by any member of the Air Force;''.
(d) Exclusion From Limitation on General and Flag Officer
Distribution.--Section 525(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(9) An officer while serving as the Judge Advocate
General of the Army, the Judge Advocate General of the Navy,
or the Judge Advocate General of the Air Force is in addition
to the number that would otherwise be permitted for that
officer's armed force for officers serving on active duty in
grades above major general or rear admiral under paragraph
(1) or (2), as the case may be.''.
______
SA 3327. Mr. DASCHLE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place in the bill, add the following:
SEC. . REPORT ON ESTABLISHING NATIONAL CENTERS OF EXCELLENCE
FOR UNMANNED AERIAL VEHICLES.
(a) Report Required.--(1) Not later than 120 days after the
date of enactment of this Act, the Secretary of Defense shall
submit a report on the need for one or more national centers
of excellence for unmanned aerial vehicles to the
congressional defense committees.
(b) Purpose of Centers.--(1) The goal of national centers
for excellence shall be to promote inter-service cooperation
and coordination in the following areas:
(A) development of doctrine for the use of unmanned aerial
vehicles;
(B) joint procurement, or, where not possible, maximization
of shared platforms and components;
(C) identification and coordination, in conjunction with
private sector and academia, of research priorities for
future development of unmanned aerial vehicles;
(D) monitoring the development and utilization of unmanned
aerial vehicles in other nations for both military and non-
military purposes; and
(E) identification and development of needed UAV
specialists
(c) Report Requirements.--(1) The report shall include at a
minimum:
(A) a list of facilities where the Defense Department
currently conducts or plans to conduct research, development,
and testing activities on unmanned aerial vehicles;
(B) a list of facilities where the Defense Department
currently deploys or has committed to deploying unmanned
aerial vehicles;
(C) extent to which existing facilities listed in (A) and
(B) above have sufficient unused capacity and expertise to
research, develop, test, and deploy the next generation of
unmanned aerial vehicles;
(D) extent to which efficiencies on research, development,
testing, and deployment of existing or future unmanned aerial
vehicles can be achieved through consolidation at one or more
national centers of excellence for unmanned aerial vehicles;
(E) a list of potential locations for national centers of
excellence. When considering potential locations for these
centers, the report should take into consideration existing
Air Force facilities which possess skilled personnel,
existing capacity of runways and other facilities to
accommodate the research, testing, and deployment of current
and future unmanned aerial vehicles, and minimal restrictions
on the research, development, and testing of unmanned aerial
vehicles caused by proximity to large population centers or
airspace heavily utilized by commercial flights.
______
SA 3328. Mr. DASCHLE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. ATTRITION RESERVE FOR B-1 BOMBER AIRCRAFT FLEET.
The Secretary of the Air Force shall maintain 3 additional
B-1 bomber aircraft, in addition to the current fleet of 67
B-1 bomber aircraft, as an attrition reserve for the B-1
bomber aircraft fleet.
______
SA 3329. Mr. DASCHLE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other
[[Page S6524]]
purposes; which was ordered to lie on the table; as follows:
On page 48, between lines 7 and 8, insert the following:
SEC. 326. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR IMPROVED
PREVENTION OF LEISHMANIASIS.
Of the amount authorized to be appropriated for the Defense
Health Program for research, development, test, and
evaluation under section 303(a)(2), $10,000,000 shall be
available for the Military Infectious Diseases Research
Program for research and advanced development of products to
improve the prevention, diagnosis, and treatment of
leishmaniasis.
______
SA 3330. Mr. DASCHLE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of title III, add the following:
SEC. 364. AUTHORITY TO MAKE AVAILABLE TO INDIAN TRIBES EXCESS
NONLETHAL SUPPLIES OF THE DEPARTMENT OF
DEFENSE.
(a) Authority.--Subsection (a) of section 2557 of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) The Secretary of Defense may make available to any
Indian tribe any nonlethal excess supplies of the Department
of Defense.''.
(b) Distribution.--Subsection (b) of such section is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Excess supplies made available to Indian tribes under
this section shall be provided directly to such tribes in
accordance with such procedures as the Secretary of Defense
shall establish.''.
(c) Definition of Indian Tribe.--Subsection (d) of such
section is amended by adding at the end the following new
paragraph:
``(3) The term `Indian tribe' means any recognized Indian
tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).''.
(d) Conforming and Clerical Amendments.--(1) The heading of
such section is amended to read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for
homeless veterans initiatives, humanitarian relief, and
Indian tribes''.
(2) The table of sections at the beginning of chapter 152
of title 10, United States Code, is amended by striking the
item relating to section 2557 and inserting the following new
item:
``2557. Excess nonlethal supplies: availability for homeless veterans
initiatives, humanitarian relief, and Indian tribes.''.
______
SA 3331. Mr. DASCHLE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 24, between lines 9 and 10, insert the following:
SEC. 133. B-1B BOMBER AIRCRAFT.
(a) Minimum Force Level.--The Secretary shall maintain a
fleet of 77 B-1B bomber aircraft in active service.
(b) Funding.--(1) The amount authorized to be appropriated
under section 103(1) is hereby increased by $95,800,000 to be
available for restoration of 10 B-1B bomber aircraft to the
fleet of B-1B bomber aircraft in active service.
(2) The amount authorized to be appropriated under section
301(4) is hereby increased by $149,900,000 to be available
for operation and maintenance of the fleet of
B-1B bomber aircraft.
______
SA 3332. Mr. DASCHLE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place in the bill, add the following:
SECTION 1. IMPACT AID.
Section 8003(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)) is amended by
adding at the end the following:
``(I) Average daily attendance determination.--
``(i) In general.--For the purpose of determining the
eligibility for and amount of a basic support payment made
under this paragraph for a heavily impacted local educational
agency described in clause (ii), the Secretary shall
calculate the number of children who were in average daily
attendance in the schools of such agency for a fiscal year by
multiplying--
``(I) the negotiated ratio described in clause (ii)(II); by
``(II) the number of such children for the preceding fiscal
year.
``(ii) Eligible heavily impacted local educational
agencies.--A heavily impacted local educational agency
referred to in clause (i) is a heavily impacted local
educational agency--
``(I) that does not collect average daily attendance data
for purposes of distributing State education assistance; and
``(II) for which the Secretary has approved a negotiated
ratio for purposes of calculating a basic support payment
under paragraph (1).''.
______
SA 3333. Mr. DAYTON submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 247, between lines 13 and 14, insert the following:
SEC. 1022. PERIODIC DETAILED ACCOUNTING FOR OPERATIONS OF THE
GLOBAL WAR ON TERRORISM.
(a) Monthly Accounting.--Not later than 30 days after the
end of each month, the Secretary of Defense shall submit to
the chairmen and ranking members of the Committees on Armed
Services of the Senate and the House of Representatives and
to all the members of the Committees on Appropriations of the
Senate and the House of Representatives, for such month for
each operation described in subsection (b), a full accounting
of all costs incurred for such operation during such month
and all amounts expended during such month for such
operation, and the purposes for which such costs were
incurred and such amounts were expended.
(b) Operations Covered.--The operations referred to in
subsection (a) are as follows:
(1) Operation Iraqi Freedom.
(2) Operation Enduring Freedom.
(3) Operation Noble Eagle.
(4) Any other operation that the President designates as
being an operation of the Global War on Terrorism.
(c) Requirement for Comprehensiveness.--For the purpose of
providing a full and complete accounting of the costs and
expenditures under subsection (a) for operations described in
subsection (b), the Secretary shall account in the monthly
submission under subsection (a) for all costs and
expenditures that are reasonably attributable to such
operations, including personnel costs.
______
SA 3334. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 247, between lines 13 and 14, insert the following:
SEC. 1022. REPORT ON GLOBAL POVERTY AND NATIONAL SECURITY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on global poverty and
national security.
(b) Content.--The report required by subsection (a) shall
include--
(1) an evaluation of the impact of global poverty and the
barriers to sustainable development and political stability
in developing countries, including the effects of--
(A) the human immunodeficiency virus (HIV), the acquired
immune deficiency syndrome (AIDS), tuberculosis, malaria, and
other diseases;
(B) unemployment;
(C) hunger;
(D) illiteracy;
(E) the status of women;
(F) internally displaced person and refugees; and
(G) environmental degradation;
(2) a description of the direct and indirect relationships
between global poverty and the
[[Page S6525]]
most important barriers to sustainable development and
political stability, including the relationship between such
barriers and civil conflict, regional instability, the war on
terrorism, the national security interests of the United
States, and global stability; and
(3) the recommendations of the Secretary of Defense, if
any, for addressing the barriers to sustainable development
and political stability in developing countries, including
such barriers described in subparagraphs (A) through (G) of
paragraph (1), including recommendations for--
(A) the appropriate role of the Department of Defense in
addressing such barriers;
(B) the appropriate role of other departments or agencies
of the Federal Government in addressing such barriers;
(C) organizational changes to improve the ability of the
Department of Defense or other departments or agencies of the
Federal Government to address such barriers; and
(D) methods or organizational arrangements to coordinate
actions to address such barriers among the Federal
Government, nongovernmental organizations, foreign countries,
and international organizations.
(c) Requirement to Consult.--The Secretary of Defense shall
consult with the head of each appropriate department or
agency of the Federal Government in preparing the report
required by subsection (a).
______
SA 3335. Mr. LIEBERMAN submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1022. REPORT ON CAPACITIES OF UNITED NATIONS AND
REGIONAL GOVERNMENTAL ORGANIZATIONS TO CONDUCT
STABILIZATION AND POST-CONFLICT OPERATIONS.
(a) Study on Capacities.--The Secretary of Defense shall,
in coordination with the Secretary of State, conduct a study
assessing the capacities of the United Nations and regional
organizations of governments to contribute to stabilization
and post-conflict operations.
(b) Matters To Be Included in Study.--The study under
subsection (a) shall specifically--
(1) assess the capacity of each existing and proposed
regional security initiative in Latin America, Africa, Asia,
and Europe to train and deploy military or civilian units for
international peace operations or stabilization operations;
(2) evaluate the policies, programs, and strategies of the
United States Government regarding each regional security
initiative referred to in paragraph (1);
(3) assess whether international capacities for
stabilization and post-conflict operations could be enhanced
by the provision of training, equipment, or logistical
support to regional security forces in Africa (as opposed to
training, equipment, or logistical support provided on a
strictly bilateral basis);
(4) evaluate the efficacy of the United Nations Stand-By
Arrangements System, including the costs and benefits of the
United States upgrading its participation in the Stand-By
Arrangements System to a level higher than level 1;
(5) identify means of improving international constabulary
and civilian policing capabilities, including through the
development of joint projects with other nations that would--
(A) identify areas in which the recruitment of personnel
and expertise in the rule of law for peacekeeping operations
is insufficient; and
(B) develop a standardized certification process for
nations to verify that individuals who serve as civilian
police in operations carried out by the United Nations have
the skills required to effectively carry out such operations;
and
(6) identify the incidences in which the United States has
sought a waiver under paragraphs (1) and (2) of section 10(a)
of the United Nations Participation Act of 1945 (22 U.S.C.
287e-2(a)) and analyze whether such instances have impacted
United States ability to provide timely or effective support
to multinational peace operations.
(c) Report on Study.--Not later than March 15, 2005, the
Secretary of Defense shall, in coordination with the
Secretary of State, submit to the appropriate committees of
Congress a report on the result of the study conducted under
this section.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Foreign Relations
of the Senate; and
(B) the Committees on Armed Services and International
Relations of the House of Representatives
(2) The term ``regional security initiative'' means a
coordinated effort of a regional or subregional governmental
organization to organize, train, or equip the armed forces or
civilian assets of the countries in such region or subregion
for the purpose of increasing the capacity of such countries
to undertake peacekeeping missions, peace support operations,
or stabilization operations.
______
SA 3336. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2844. DEMOLITION OF FACILITIES AND IMPROVEMENTS ON
CERTAIN INSTALLATIONS APPROVED FOR CLOSURE
UNDER THE DEFENSE BASE CLOSURE OR REALIGNMENT
PROCESS.
(a) Authority To Demolish.--Notwithstanding any other
provision of law, the Secretary of the military department
concerned may demolish or provide for the demolition of any
facilities or other improvements on real property at an
installation approved for closure under any round of defense
base closure and realignment under the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note) if such real property is
located at a military installation in a rural area portions
of which were transferred or designated for transfer under
section 2905(b)(4)(B)(ii) of the Defense Base Closure and
Realignment Act of 1990, as amended by section 2903(b) of the
National Defense Authorization Act for Fiscal Year 1994 (107
Stat. 1911).
(b) Requirement for Application.--Facilities or
improvements may be demolished under subsection (a) only upon
application by the redevelopment authority concerned or
another official representative of the community to which
real property concerned was or will be transferred.
(c) Funding.--Amounts in the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 shall be
available for the demolition of facilities and improvements
under this section.
______
SA 3337. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1022. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF
OPERATION IRAQI FREEDOM.
(a) Report Required.--(1) Not later than March 31, 2005,
the Secretary of Defense shall submit to the congressional
defense committees a report on the conduct of military
operations during the post-major combat operations phase of
Operation Iraqi Freedom.
(2) The report shall be prepared in consultation with the
Chairman of the Joint Chiefs of Staff, the Commander of the
United States Central Command, and such other officials as
the Secretary considers appropriate.
(b) Content.--(1) The report shall include a discussion of
the matters described in paragraph (2), with a particular
emphasis on accomplishments and shortcomings and on near-term
and long-term corrective actions to address such
shortcomings.
(2) The matters to be discussed in the report are as
follows:
(A) The military and political objectives of the
international coalition conducting the post-major combat
operations phase of Operation Iraqi Freedom, and the military
strategy selected to achieve such objectives, together with
an assessment of the execution of the military strategy.
(B) The mobilization process for the reserve components of
the Armed Forces, including the timeliness of notification,
training and certification, and subsequent demobilization.
(C) The use and performance of major items of United States
military equipment, weapon systems, and munitions (including
items classified under special access procedures and items
drawn from prepositioned stocks) and any expected effects of
the experience with the use and performance of such items on
the doctrinal and tactical employment of such items and on
plans for continuing the acquisition of such items.
(D) Any additional requirements for military equipment,
weapon systems, munitions, force structure, or other
capability identified during the post-major combat operations
phase of Operation Iraqi Freedom, including changes in type
or quantity for future operations.
(E) The effectiveness of joint air operations, together
with an assessment of the effectiveness of--
(i) the employment of close air support; and
(ii) attack helicopter operations.
(F) The use of special operations forces, including
operational and intelligence uses.
[[Page S6526]]
(G) The scope of logistics support, including support from
other nations and from international organizations and
organizations and individuals from the private sector in
Iraq.
(H) The incidents of accidental fratricide, including a
discussion of the effectiveness of the tracking of friendly
forces and the use of the combat identification systems in
mitigating friendly fire incidents.
(I) The adequacy of spectrum and bandwidth to transmit
information to operational forces and assets, including
unmanned aerial vehicles, ground vehicles, and individual
soldiers.
(J) The effectiveness of strategic, operational, and
tactical information operations, including psychological
operations and assets, organization, and doctrine related to
civil affairs, in achieving established objectives, together
with a description of technological and other restrictions on
the use of information operations capabilities.
(K) The effectiveness of the reserve component forces used
in the post-major combat operations phase of Operation Iraqi
Freedom.
(L) The adequacy of intelligence support before and during
the post-major combat operations phase of Operation Iraqi
Freedom, including the adequacy of such support in searches
for weapons of mass destruction.
(M) The rapid insertion and integration, if any, of
developmental but mission-essential equipment, organizations,
or procedures during the post-major combat operations phase
of Operation Iraqi Freedom.
(N) The adequacy of coordination, communication, and unity
of effort between the Armed Forces, the Coalition Provisional
Authority, other United States government agencies and
organizations, nongovernmental organizations, and political,
security, and nongovernmental organizations of Iraq.
(O) The role and performance of all contracting and
subcontracting operations and contractor support.
(P) The adequacy of training for military units once
deployed to the United States Central Command, including
training for changes in unit mission and continuation
training for high-intensity conflict missions.
(Q) An assessment of the funding required to return or
replace equipment used to date in Operation Iraqi Freedom,
including equipment in prepositioned stocks, to mission-ready
condition, and an identification of the assumptions used to
formulate the assessment.
(R) The effectiveness of military civil affairs and
reconstruction efforts, including through the Commanders
Emergency Response Program.
(S) The adequacy of the requirements determination and
acquisition processes, acquisition, and distribution of force
protection equipment, including personal gear, vehicles,
helicopters, and defense devices.
(T) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological
changes, and the probable effects that an implementation of
those changes would have on current visions, goals, and plans
for transformation of the Armed Forces or the Department of
Defense.
(c) Form of Report.--The report shall be submitted in
unclassified form, but may include a classified annex.
(d) Post-Major Combat Operations Phase of Operation Iraqi
Freedom Defined.--In this section, the term ``post-major
combat operations phase of Operation Iraqi Freedom'' means
the period of Operation Iraqi Freedom beginning on May 2,
2003, and ending on December 31, 2004.
______
SA 3338. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1044. REALLOCATION OF FUNDS FOR GROUND-BASED MIDCOURSE
DEFENSE PROGRAM INTERCEPTORS TO HOMELAND
DEFENSE AND COMBATING TERRORISM.
(a) Reduction.--Notwithstanding any other provision of this
Act, the total amount authorized to be appropriated by
section 201(4) for research, development, test, and
evaluation, Defense-wide activities, is hereby reduced by
$515,500,000, with the amount of the reduction to be
allocated to amounts available for the Missile Defense Agency
for Ground-based Midcourse interceptors.
(b) Allocation of Increase.--In addition to amounts
otherwise authorized to be appropriated in this Act--
(1) the amount authorized to be appropriated by section
3101(a)(2) for the National Nuclear Security Administration
for defense nuclear nonproliferation activities is hereby
increased by $210,800,000, with the amount of the increase to
be allocated to the Global Threat Reduction Initiative;
(2) the amount authorized to be appropriated by section
201(3) for research, development, test, and evaluation for
the Air Force is hereby increased by $50,000,000, with the
amount of the increase to be allocated to North American
Aerospace Defense (NORAD) for low-altitude threat detection
and response technology;
(3) the amount authorized to be appropriated by section
301(4) for operation and maintenance for the Air Force is
hereby increased by $13,300,000, with the amount of the
increase to be allocated to Northern Command consequence
management networks to facilitate military support to civil
authorities;
(4) the amount authorized to be appropriated by this Act is
increased by $130,000,000 for domestic installations
Antiterrorism/Force Protection and Antiterrorism/Force
Protection exercises and training identified by Northern
Command, with authorizations of appropriations to be
increased so that--
(A) the amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army is
increased by $19,000,000;
(B) the amount authorized to be appropriated by section
301(6) for operation and maintenance for the Army Reserve is
increased by $15,000,000; and
(C) the amount authorized to be appropriated by section
301(10) for operation and maintenance for the Army National
Guard is increased by $96,000,000;
(5) the amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation,
Defense-wide activities, is hereby increased by $15,000,000,
with the amount of the increase to be allocated to the
Combating Terrorism Technology Support Working Group for
programs to detect explosives at stand-off distances, blast
mitigation, and information security; and
(6) the amount authorized to be appropriated by section
3101(a)(2) for the National Nuclear Security Administration
for defense nuclear nonproliferation activities is hereby
increased by $30,000,000, with the amount of the increase to
be allocated to the megaports program;
(7) the amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation,
Defense-wide activities, is hereby increased by $15,000,000,
with the amount of the increase to be allocated to the
Defense Threat Reduction Agency for Weapons of Mass
Destruction Defeat Technologies-Radiation/Nuclear Detection;
(8) the amount authorized to be appropriated by section
3101(a)(2) for the National Nuclear Security Administration
for defense nuclear nonproliferation activities is hereby
increased by $20,000,000, with the amount of the increase to
be allocated to basic research on radiation and other
standoff detection devices, and for stand-off explosive
detection;
(9) the amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation,
Defense-wide activities, is hereby increased by $10,000,000,
with the amount of the increase to be allocated to the
Chemical-Biological Defense Program for Chemical Agent
Standoff Detection; and
(10) the amount authorized to be appropriated by section
301(2) for operation and maintenance for the Navy is hereby
increased by $21,400,000, with the amount of the increase to
be allocated to Chemical/Biological Detection Equipment for
Explosive Ordnance Disposal detachments and chemical-
biological protective equipment for Navy and Marine Corps
aircrews.
______
SA 3339. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of division B, add the following:
TITLE XXXIV--MARITIME ADMINISTRATION
SEC. 3401. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR
NATIONAL DEFENSE TANK VESSEL CONSTRUCTION
ASSISTANCE.
Section 3542(d) of the Maritime Security Act of 2003 (title
XXXV of Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101
note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) shall give priority consideration to a proposal
submitted by an applicant who has been accepted for
participation in the Shipboard Technology Evaluation Program
as outlined in Navigation and Vessel Inspection Circular 01-
04, issued by the Commandant of the United States Coast Guard
on January 2, 2004; and''.
______
SA 3340. Mr. LEVIN (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the
[[Page S6527]]
Armed Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND BASE REUSE
AUTHORITY AND REDEVELOPMENT AGENCY OF THE CITY
OF OAKLAND, CALIFORNIA.
(a) Authority.--The Secretary of the Navy may pay funds as
agreed to by both parties, in the amount of $2,100,000, to
the Oakland Base Reuse Authority and Redevelopment Agency of
the City of Oakland, California, in settlement of Oakland
Base Reuse Authority and Redevelopment Agency of the City of
Oakland v. the United States, Case No. C02-4652 MHP, United
States District Court, Northern District of California,
including any appeal.
(b) Consideration.--As consideration, the Oakland Base
Reuse Authority and Redevelopment Agency shall agree that the
payment constitutes a final settlement of all claims against
the United States related to said case and give to the
Secretary a release of all claims to the eighteen officer
housing units located at the former Naval Medical Center
Oakland, California. The release shall be in a form that is
satisfactory to the Secretary.
(c) Source of Funds.--The Secretary may use funds in the
Department of Defense Base Closure Account 1990 established
pursuant to section 2906 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) for the payment authorized by
subsection (a) or the proceeds of sale from the eighteen
housing units and property described in subsection (b).
______
SA 3341. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 41, between lines 4 and 5, insert the following:
SEC. 313. AMOUNT FOR REPAIR AND RESTORATION OF ARMY
EQUIPMENT.
Of the amount authorized to be appropriated under section
301(1), $557,000,000 shall be available for repair and
restoration of Army equipment used in Operation Iraqi Freedom
and Operation Enduring Freedom.
______
SA 3342. Mr. REID (for himself and Mr. Lieberman) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title XI add the following:
SEC. 1107. FULL IMPLEMENTATION OF CERTAIN PERSONNEL
MANAGEMENT AUTHORITIES RELATING TO DEPARTMENT
OF DEFENSE LABORATORIES.
(a) Independent Assessment.--The Under Secretary of Defense
for Acquisition, Technology, and Logistics shall enter into a
contract with an appropriate person or entity in the private
sector to provide for an assessment of various means by which
the personnel management authorities referred to in
subsection (b) may be best implemented at the Department of
Defense laboratories covered by such authorities in order to
achieve the objectives as follows:
(1) To increase the mission responsiveness, efficiency, and
effectiveness of such laboratories.
(2) To make such laboratories fully competitive with their
industrial, academic, and foreign counterparts.
(b) Personnel Authorities.--The personnel authorities
referred to in this subsection are as follows:
(1) The personnel management authorities applicable to
Department of Defense science and technology laboratories
under the personnel demonstration projects carried out
pursuant to section 342(b) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 2721), as amended by section 1114 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398 (114 Stat.
1654A-315)).
(2) The special personnel management authorities for
research and development projects administered by the Defense
Advanced Research Projects Agency under section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note).
(3) The National Security Personnel System under section
9902 of title 5, United States Code, with respect to the
laboratories referred to in subsection (c)(2) of such
section.
(c) Implementation Plan.--(1) The Under Secretary shall
develop a plan to implement fully the authorities referred to
in subsection (b) in order to achieve the objectives
specified in subsection (a).
(2) The Under Secretary may include in the plan
recommendations for such modifications of the authorities
referred to in subsection (b), or such additional personnel
management authorities, as the Under Secretary considers
appropriate to achieve the objectives specified in subsection
(a).
(3) The Under Secretary shall take into account the results
of the assessment under subsection (a) in carrying out this
subsection.
(d) Submittal of Assessment and Plan to Congress.--(1) The
Under Secretary shall submit to Congress a report on the
assessment under subsection (a) not later than June 1, 2005.
(2) The Under Secretary shall submit to Congress the
implementation plan developed under subsection (c) not later
than February 1, 2006.
______
SA 3343. Ms. CANTWELL (for herself, Mr. Reid, and Mrs. Murray)
submitted an amendment intended to be proposed by her to the bill S.
2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:
On page 408, between lines 9 and 10, insert the following:
SEC. 3147. LIMITATION ON USE OF FUND FOR CONTRACT FOR
NATIONWIDE MEDICAL SCREENING OF DEPARTMENT OF
ENERGY WORKERS EXPOSED TO HAZARDOUS OR
RADIOACTIVE SUBSTANCES.
(a) Limitation.--The Secretary of Energy may not obligate
or expend any funds for the evaluation, award, execution,
implementation, or administration of a nationwide contract or
cooperative agreement for medical screening of Department of
Energy workers exposed to hazardous or radioactive substances
under the program under section 4643 of the Atomic Energy
Defense Act (50 U.S.C. 2733) until the accomplishment of each
of the following:
(1) The Secretary of Energy enters into an agreement with
the Secretary of Health and Human Services through the
National Institute for Occupational Safety and Health on the
program as required by subsection (c) of such section.
(2) The Secretary of Energy consults with the Director of
the National Institute for Occupational Safety and Health on
the means, methods, and implementation plans for medical
screening of such workers, as currently proposed by the
Secretary of Energy, in order to address--
(A) the performance of site-specific hazard identification
and risk assessments to determine the appropriate methods and
means for identifying health affects;
(B) the methods for ensuring the collaboration and
participation of workers and their representatives;
(C) the establishment of local advisory committees of
individuals and stakeholder organizations with knowledge of
the site concerned or the ability to contribute to the
appropriate methods of screening, or both;
(D) the participation of local health care providers with
knowledge and expertise in the field of occupational
medicine;
(E) the implementation of site-specific education and
outreach to former workers;
(F) physician independence in such medical screening;
(G) requirements for ongoing medical evaluations under such
section;
(H) early lung cancer detection using advanced technology;
and
(I) lessons learned from medical screening pilot projects
previously conducted at Department of Energy facilities.
(3) The Secretary of Energy consults with organizations
listed in subsection (b)(3) of such section on matters
relating to the program under subsection (b)(1) of such
section and paragraph (2) of this subsection.
(4) The Secretary of Energy submits to the congressional
defense committees a report setting forth--
(A) the assessment and recommendations of the Secretary of
Health and Human Services on the program, which assessment
and recommendations shall be based upon internal review and
peer review of the program by the National Institute of
Occupational Safety and Health;
(B) the recommendations of the organizations listed in
subsection (b)(3) of such section;
(C) a description of the manner in which the Secretary has
taken into account the recommendations of the National
Institute of Occupational Safety and Health and the
organizations listed in subsection (b)(3) of such section in
modifying program; and
(D) the proposed schedule of the Secretary for a revised
request for applications for such contract or contracts for
medical screening, including a description of the manner in
which the revisions to the program, if any, conform to the
recommendations of the National Institute of Occupational
Safety and Health and the organizations listed in subsection
(b)(3) of such section.
[[Page S6528]]
(b) Deadline for Report.--The report referred to in
subsection (a)(4) shall be submitted not later than 120 days
after the date of the enactment of this Act.
(c) Existing Medical Screening Programs Unaffected.--
Nothing in this section shall be construed to affect the
implementation of any medical screening program for former
workers exposed to hazardous or radioactive substances that
was in effect during fiscal year 2004.
______
SA 3344. Mr. BYRD (for himself, Ms. Snowe, Mr. Kerry, Mr. Allen, and
Mr. Coleman) submitted an amendment intended to be proposed by him to
the bill S. 2400, to authorize appropriations for fiscal year 2005 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 167, strike line 6 and all that follows
through ``(4)'' on page 170, line 10, and insert the
following:
(B) persons who are representative of labor organizations
associated with the defense industry, and persons who are
representative of small business concerns or organizations of
small business concerns that are involved in Department of
Defense contracting and other Federal Government contracting.
(3) The appointment of the members of the Commission under
this subsection shall be made not later than March 1, 2005.
(4) Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the
original appointment was made.
(5) The President shall designate one member of the
Commission to serve as the Chairman of the Commission.
(c) Meetings.--(1) The Commission shall meet at the call of
the Chairman.
(2) A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(d) Duties.--(1) The Commission shall--
(A) study the issues associated with the future of the
national technology and industrial base in the global
economy, particularly with respect to its effect on United
States national security; and
(B) assess the future ability of the national technology
and industrial base to attain the national security
objectives set forth in section 2501 of title 10, United
States Code.
(2) In carrying out the study and assessment under
paragraph (1), the Commission shall consider the following
matters:
(A) Existing and projected future capabilities of the
national technology and industrial base.
(B) The impact on the national technology and industrial
base of civil-military integration and the growing dependence
of the Department of Defense on the commercial market for
defense products and services.
(C) Any current or projected shortages of a critical
technology (as defined in section 2500(6) of title 10, United
States Code), or the raw materials necessary for the
production of such technology, that could adversely affect
the national security of the United States.
(D) The effects of domestic source restrictions on the
strength of the national technology and industrial base.
(E) The effects of the policies and practices of United
States allies and trading partners on the national technology
and industrial base.
(F) The effects on the national technology and industrial
base of laws and regulations related to international trade
and the export of defense technologies and dual-use
technologies.
(G) The adequacy of programs that support science and
engineering education, including programs that support
defense science and engineering efforts at institutions of
higher learning, with respect to meeting the needs of the
national technology and industrial base.
(H) The implementation of policies and planning required
under subchapter II of chapter 148 of title 10, United States
Code, and other provisions of law designed to support the
national technology and industrial base.
(I) The role of the Manufacturing Technology program, other
Department of Defense research and development programs, and
the utilization of the authorities of the Defense Production
Act of 1950 to provide transformational breakthroughs in
advanced manufacturing technologies and processes that ensure
the strength and productivity of the national technology and
industrial base.
(J) The role of small business concerns in strengthening
the national technology and industrial base.
(e) Report.--Not later than March 1, 2007, the Commission
shall submit a report on its activities to the President and
Congress. The report shall include the following matters:
(1) The findings and conclusions of the Commission.
(2) The recommendations of the Commission for actions by
Federal Government officials to support the maintenance of a
robust national technology and industrial base in the 21st
century.
(3) The recommendations of the Commission for addressing
shortages in critical technologies, and shortages of raw
materials necessary for the production of critical
technologies, that could adversely affect the national
security of the United States.
(4) Any recommendations for legislation or changes in
regulations to support the implementation of the findings of
the Commission.
(5)
______
SA 3345. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 147, after line 21, insert the following:
SEC. 717. SCREENING FOR EXPOSURE TO DEPLETED URANIUM.
(a) Personnel Being Deployed.--(1) The Secretary of Defense
shall require all members of the Armed Forces being deployed
to Afghanistan, Iraq, or elsewhere in the Persian Gulf region
to provide, prior to and immediately following such
deployment, a sample of urine solely for the purpose of
analysis under paragraph (2).
(2) The Secretary shall promptly analyze each urine sample
provided under paragraph (1) by mass spectrometry to
determine--
(A) the concentration of uranium in the urine; and
(B) the ratios of--
(i) uranium-238 to uranium-235;
(ii) uranium-234 to uranium-238; and
(iii) uranium-236 to uranium-238.
(b) Personnel Previously Deployed.--(1) The Secretary of
Defense shall require each member of the Armed Forces who
departed for or returned from a deployment to Afghanistan,
Iraq, or elsewhere in the Persian Gulf region before the date
of the enactment of this Act to provide to the Secretary, as
soon as practicable, a urine sample solely for the purpose of
analysis under paragraph (2).
(2) Not later than 30 days after the receipt of a sample
under paragraph (1), the Secretary shall subject the sample
to the analysis described in subsection (a)(2).
(c) Followup Screening.--The Secretary shall provide health
screening at regular intervals for any member of the Armed
Forces who demonstrates--
(1) a concentration of depleted uranium (as determined
under paragraph (2)(A) of subsection (a)) in the urine that--
(A) in the case of a member providing samples under
paragraph (1) of such subsection, is significantly higher in
the sample provided after service in Afghanistan, Iraq, or
elsewhere in the Persian Gulf region than the corresponding
value for the sample provided by such member before the
service in Afghanistan, Iraq, or elsewhere in the Persian
Gulf region, as the case may be; or
(B) in the case of a member providing a sample under
paragraph (1) of subsection (b), is significantly higher in
the sample provided than in samples provided by age-matched
and gender-matched members of the Armed Forces who have not
served in Afghanistan, Iraq, or elsewhere in the Persian Gulf
or; or
(2) a ratio of uranium isotopes (as determined under
paragraph (2)(B) of subsection (a)) that--
(A) in the case of a member providing samples under
paragraph (1) of such subsection, is significantly different
in the sample provided after service in Afghanistan, Iraq, or
elsewhere in the Persian Gulf region than the corresponding
value for the sample provided by such member before the
service in Afghanistan, Iraq, or elsewhere in the Persian
Gulf region; or
(B) in the case of a member providing a sample under
paragraph (1) of subsection (b), is significantly different
in the sample provided than in samples provided by age-
matched and gender-matched members of the Armed Forces who
have not served in Afghanistan, Iraq, or elsewhere in the
Persian Gulf region.
(d) Identification and Decontamination of Areas of High
Depleted Uranium Concentration.--(1) The Secretary of Defense
shall identify all areas in Iraq and Afghanistan in which
depleted uranium has been used.
(2) For each area identified under paragraph (1), the
Secretary shall--
(A) remove or otherwise decontaminate all soil contaminated
with depleted uranium;
(B) remove any equipment that is radioactive;
(C) prevent access of children and adults to the area; and
(D) monitor the groundwater for contamination with depleted
uranium.
(3) The Secretary shall award grants to independent
researchers to conduct ongoing epidemiological studies on--
(A) cancers occurring in children in the areas identified
under paragraph (1); and
(B) birth defects in children born in such areas.
______
SA 3346. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year
[[Page S6529]]
for the Armed Services, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. REDUCTION OF BARRIERS FOR HISPANIC-SERVING
INSTITUTIONS IN DEFENSE CONTRACTS, DEFENSE
RESEARCH PROGRAMS, AND OTHER MINORITY-RELATED
DEFENSE PROGRAMS.
Section 502(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5)) is amended--
(1) in subparagraph (A), by inserting ``and'' after the
semicolon;
(2) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (C).
______
SA 3347. Mr. HOLLINGS submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 384, strike line 3 and all that follows
through page 385, line 21.
______
SA 3348. Mr. HOLLINGS submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 384, line 3, strike ``DEFENSE'' and all
that follows through page 385, line 21, and insert ``NATIONAL
ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY DEPARTMENT OF
ENERGY OF HIGH-LEVEL RADIOACTIVE WASTE.
(a) Study Required.--The Secretary of Energy shall enter
into an arrangement with the National Research Council of the
National Academy of Sciences to carry out a study of the
plans of the Department of Energy to manage the waste streams
specified in subsection (b) that are not currently planned
for disposal in a high-level repository.
(b) Covered Waste Streams.--The waste streams referred to
in subsection (a) are the streams of high-level radioactive
waste at--
(1) the Savannah River Site, Aiken, South Carolina;
(2) the Idaho National Engineering and Environmental
Laboratory, Idaho; and
(3) the Hanford Site, Richland, Washington.
(c) Elements of Study.--The study required under subsection
(a) shall evaluate--
(1) the physical, chemical, and radiological
characteristics of the waste referred to in subsection (b),
including the waste proposed to be left indefinitely in
storage tanks;
(2) the probability that such waste, if left indefinitely
in storage tanks, will leak into the environment and the
range of potential dangers such leakage would represent;
(3) the plans of the Department of Energy for the disposal
of the high-level radioactive waste that the Department had
planned, before certain litigation in Federal district court
in 2003 on ``Waste Incidental to Reprocessing'', to
reclassify as low-level waste;
(4) treatment and disposal alternatives to the plans
referred to in paragraph (3), including, for each such
alternative, assessments of the technology approaches and of
the implications with respect to cost, worker safety, and
long-term environmental and human health;
(5) the adequacy of the plans referred to in subsection
(a), including Department of Energy Order No. 435.1, to
protect, for the long term, the environment and population
surrounding each site referred to in subsection (b); and
(6) any other matters that the National Research Council
considers appropriate and directly related to the subject
matter of the study.
(d) Recommendations Required.--In carrying out the study,
the National Research Council shall develop recommendations
relating to the subject matter of the study. The
recommendations shall include--
(1) recommendations for improving the scientific basis for
managing the waste covered by the study, including
alternative criteria for determining what waste should be
managed as ``Waste Incidental to Reprocessing''; and
(2) any other recommendations that the National Research
Council considers appropriate and directly related to the
subject matter of the study.
(e) Reports.--The National Research Council shall submit to
the Secretary of Energy and the congressional defense
committees--
(1) not later than six months after entering into the
arrangement required under subsection (a), an interim report
on the study with respect to the waste proposed to be left
indefinitely in storage tanks, including the tentative
findings, conclusions, and recommendations with respect to
such waste; and
(2) not later than one year after entering into the
arrangement required under subsection (a), a final report on
the study, including all findings, conclusions, and
recommendations.
(f) Provision of Information.--The Secretary of Energy
shall make available to the National Research Council all
information that the National Research Council considers
necessary to carry out, in a timely manner, its
responsibilities under this section.
(g) Funding.--Of the amounts authorized to be appropriated
for fiscal year 2005 by section 3102 for environmental
management activities in carrying out programs necessary for
national security, $1,500,000 shall be available only for
carrying out the study required under this section.
______
SA. 3349. Mr. HOLLINGS submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 365, between lines 18 and 19, insert the following:
SEC. 2830. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE,
EQUIPMENT AND STORAGE YARD, CHARLESTON, SOUTH
CAROLINA.
Section 563(h) of the Water Resources Development Act of
1999 (Public Law 106-53; 113 Stat. 360) is amended to read as
follows:
``(h) Charleston, South Carolina.--
``(1) In general.--The Secretary may convey to the City of
Charleston, South Carolina all right, title, and interest of
the United States in and to a parcel of real property of the
Corps of Engineers, together with any improvements thereon,
that is known as the Equipment and Storage Yard and is
located on Meeting Street in Charleston, South Carolina, in
as-is condition.
``(2) Consideration.--As consideration for the conveyance
of property under paragraph (1), the City of Charleston,
South Carolina shall provide the United States, whether by
cash payment, exchange of property or facilities, or a
combination thereof, an amount that is not less than the fair
market value of the property conveyed, as determined by the
Secretary.
``(3) Discharge of authority through division engineer,
south atlantic division.--The Division Engineer, South
Atlantic Division, may, on behalf of the United States,
execute deeds of conveyance and accept the consideration
described in paragraph (2) in connection with the conveyance
of property under paragraph (1).
``(4) Use of proceeds.--Amounts received as consideration
under this subsection may be used by the Corps of Engineers,
Charleston District--
``(A) to cover costs associated with the lease, purchase,
or construction of an office facility within the boundaries
of Charleston, Berkeley, and Dorchester Counties, South
Carolina, notwithstanding any requirements in the Plant
Replacement and Improvement Program (PRIP), or existing PRIP
balances;
``(B) to cover any of the costs previously incurred in
connection with the move of the District Headquarters of the
Charleston District; or
``(C) to cover any of the costs previously incurred in
connection with the Equipment and Storage Yard.''.
______
SA 3350. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2804. REPEAL OF LIMITATION ON BUDGET AUTHORITY FOR
MILITARY FAMILY HOUSING PROJECTS UNDER
ALTERNATIVE AUTHORITY FOR THE ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
Section 2883(g) of title 10, United States Code, is amended
by striking ``shall not exceed'' and all that follows and
inserting ``for the acquisition or construction of military
unaccompanied housing shall not exceed $150,000,000.''.
______
SA 3351. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction,
[[Page S6530]]
and for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title II, add the following:
SEC. 217. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPERATING
SUBMARINES.
(a) Increase in Amount for Research, Development, Test, and
Evaluation, Navy.--The amount authorized to be appropriated
by section 201(2) for research, development, test, and
evaluation for the Navy is hereby increased by $5,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $5,000,000 shall be available for Program Element PE
0604503N for the design, development, and testing of a
prototype littoral array system for operating submarines.
(c) Offset.--The amount authorized to be appropriated by
section 201(3) for research, development, test, and
evaluation for the Air Force is hereby reduced by $5,000,000,
with the amount of the reduction to be allocated to Program
Element PE 604421F for counterspace systems project A002.
______
SA 3352. Mr. REED (for himself, Mr. Hagel, Mr. McCain, Mr. Corzine,
Mr. Akaka, and Mr. Biden) submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
On page 59, line 7, strike ``482,400'' and insert
``502,400''.
______
SA 3353. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 33, after line 25, insert the following:
SEC. 224. LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS
FOR GROUND-BASED MIDCOURSE DEFENSE PROGRAM
PENDING SUBMISSION OF OPERATIONAL TEST REPORT.
Of the amount authorized to be appropriated for fiscal year
2005 by section 201(4) for research, development, test, and
evaluation, Defense-wide, and available for the Missile
Defense Agency for Ground-based Midcourse interceptors, and
long-lead items for such interceptors, $550,500,000 may not
be obligated or expended until the occurrence of each of the
following:
(1) The Director of Operational Test and Evaluation has
approved, in writing, the adequacy of the plans (including
the projected level of funding) for operational test and
evaluation to be conducted in connection with the Ground-
based Midcourse Defense program in accordance with section
2399(b)(1) of title 10, United States Code.
(2) Initial operational test and evaluation of the program
is completed in accordance with section 2399(a)(1) of such
title.
(3) The Director of Operational Test and Evaluation has
submitted to the Secretary of Defense and the congressional
defense committees a report stating whether the test and
evaluation performed were adequate and whether the results of
the test and evaluation confirm that the Ground-based
Midcourse Defense system is effective and suitable for
combat, in accordance with section 2399(b)(3) of such title.
(4) The congressional defense committees have received the
report under paragraph (3).
______
SA 3354. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 33, after line 25, insert the following:
SEC. 224. BASELINES AND OPERATIONAL TEST AND EVALUATION FOR
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Operational Tests.--(1) The Director of the Missile
Defense Agency shall prepare for and conduct, on an
independent basis, operationally realistic tests of each
block configuration of the Ballistic Missile Defense System
being fielded.
(2) The tests shall be designed to permit the evaluation of
each block configuration of the Ballistic Missile Defense
System being fielded by the Director of Operational Test and
Evaluation.
(3) The Director of the Missile Defense Agency shall carry
out tests under paragraph (1) through an independent agent,
assigned by the Director for such purpose, who shall plan and
manage such tests.
(b) Approval of Plans for Tests.--The Secretary of Defense
shall assign the Director of Operational Test and Evaluation
the responsibility for approving each plan for tests
developed under subsection (a).
(c) Evaluation.--(1) The Director of Operational Test and
Evaluation shall evaluate the results of each test conducted
under subsection (a) as soon as practicable after the
completion of such test.
(2) The Director shall submit to the Secretary of Defense
and the congressional defense committees a report on the
evaluation of each test conducted under subsection (a) upon
completion of the evaluation of such test under paragraph
(1).
(d) Cost, Schedule, and Performance Baselines.--(1) The
Director of the Missile Defense Agency shall establish cost,
schedule, and performance baselines for each block
configuration of the Ballistic Missile Defense System being
fielded. The cost baseline for a block configuration shall
include full life cycle costs for the block configuration.
(2) The Director shall include the baselines established
under paragraph (1) in the first Selected Acquisition Report
for the Ballistic Missile Defense System that is submitted to
Congress under section 2432 of title 10, United States Code,
after the establishment of such baselines.
(3) The Director shall also include in the Selected
Acquisition Report submitted to Congress under paragraph (2)
the significant assumptions used in determining the
performance baseline under paragraph (1), including any
assumptions regarding threat missile countermeasures and
decoys.
(e) Variations Against Baselines.--In the event the cost,
schedule, or performance of any block configuration of the
Ballistic Missile Defense System varies significantly (as
determined by the Director of the Ballistic Missile Defense
Agency) from the applicable baseline established under
subsection (d), the Director shall include such variation,
and the reasons for such variation, in the Selected
Acquisition Report submitted to Congress under section 2432
of title 10, United States Code.
(f) Modifications of Baselines.--In the event the Director
of the Missile Defense Agency elects to undertake any
modification of a baseline established under subsection (d),
the Director shall submit to the congressional defense
committees a report setting forth the reasons for such
modification.
______
SA 3355. Mr. REED (for himself and Mr. Kohl) submitted an amendment
intended to be proposed by him to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 280, after line 22, insert the following:
SEC. 1068. MANUFACTURING EXTENSION PARTNERSHIP FUNDING.
(a) Findings.--Congress makes the following findings:
(1) More than 13 percent of Army and Navy aircraft are
grounded at any one time due to problems in defense supply
chains that prevent timely availability of parts necessary
for the maintenance and repair of such aircraft.
(2) Problems in defense supply chains comprise the
predominant cause of chronic shortages of parts needed for
Navy aircraft.
(3) Because firms with fewer than 500 employees comprise
more than 80 percent of the defense supply chains, programs
that improve the performance of the defense supply chains can
also improve the readiness of the Army and Navy to protect
the national security interests of the United States.
(4) The Manufacturing Extension Partnership of the National
Institute of Standards and Technology is active within United
States defense supply chains to assist small sub-tier
suppliers to reduce costs, boost productivity, and accelerate
deliveries.
(5) Large suppliers have expressed reliance on the
Manufacturing Extension Partnership to promote improvements
in the cost and quality of products of the small
manufacturing firms on which they rely for component parts
and assemblies.
(b) Funding of MEP Centers and Offices.--The Secretary of
Commerce shall use funds from the working capital fund
established under section 301 of the Act of June 28, 1944 (58
Stat. 415; 15 U.S.C 1521) for rent, utilities, and
information technology payments for the Manufacturing
Extension Partnership centers and offices established under
section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k).
(c) Prohibition on Reimbursement.--The working capital fund
referred to in subsection (b) may not be reimbursed from any
source for amounts transferred or disbursed from the working
capital fund under that subsection.
[[Page S6531]]
(d) Period of Applicability.--This section shall take
effect as of October 1, 2003. The requirement under
subsection (b) shall terminate at the end of September 30,
2004.
SEC. 1069. CLARIFICATION OF FISCAL YEAR 2004 FUNDING LEVEL
FOR A NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY ACCOUNT.
For the purposes of applying sections 204 and 605 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (division B of
Public Law 108-199) to matters in title II of such Act under
the heading ``National Institute of Standards and
Technology'' (118 Stat.69), in the account under the heading
``industrial technology services'', the Secretary of Commerce
shall make all determinations based on the Industrial
Technology Services funding level of $218,782,000 for
reprogramming and transferring of funds for the Manufacturing
Extension Partnership program and shall submit such a
reprogramming or transfer, as the case may be, to the
appropriate committees within 30 days after the date of the
enactment of this Act.
______
SA 3356. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 384, strike line 2 and all that follows
through page 385, line 21, and insert the following:
1 of each year thereafter''. This section shall become
effective one day after enactment.
______
SA 3357. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 389, strike line 24 and all that follows
through page 391, line 7, and insert the following: later
than one year and one day after the date of the enactment of
this Act.
SEC. 3119. ON-SITE TREATMENT AND STORAGE OF WASTES FROM
REPROCESSING ACTIVITIES AND RELATED WASTE.
(a) The Department of Energy shall continue all activities
related to the storage, retrieval, treatment, separation and
on-site disposition of tank wastes currently managed as high-
level radioactive waste in accordance with treatment and
closure plans approved by the state in which the activities
are taking place as part of a program to clean up and dispose
of waste from reprocessing spent nuclear fuel at the sites
referred to in subsection (c).
(b) Of the amount authorized to be appropriated by section
3102(a)(1) for defense site acceleration completion,
$350,000,000 shall be available for the activities to be
undertaken pursuant to subsection (a).
(c) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho
(2) The Savannah River Site, Aiken, South Carolina
(3) The Hanford Site, Richland, Washington.
(d) Section 3116 of this bill shall have no effect on other
states. Nothing in section 3116 shall alter or jeopardize the
full implementation of the settlement agreement entered into
by the United States with the State of Idaho in the actions
captioned Public Service Co. of Colorado v. Batt, Civil No.
91-0035-S-EJL, and United States v. Batt, Civil No. 91-0054-
S-EJL, in the United States District Court for the District
of Idaho and the consent order of the United States District
Court for the District of Idaho, dated October 17, 1995, that
effectuates the settlement agreement, the Idaho National
Engineering Laboratory Federal Facility Agreement and Consent
Order, or the Hanford Federal Facility Agreement and Consent
Order. Furthermore, nothing in this section establishes any
precedent or is binding on the States of Idaho, Washington,
or any other state for the management, storage, treatment,
and disposition of radioactive and hazardous materials.
______
SA 3358. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Strike section 3116 and insert the following:
SEC. 3116. ON-SITE TREATMENT AND STORAGE OF WASTES FROM
REPROCESSING ACTIVITIES AND RELATED WASTE.
(a) Notwithstanding any other provision of law the
Department of Energy shall continue all activities related to
the storage, retrieval, treatment, separation and on-site
disposition of tank wastes currently managed as high-level
radioactive waste in accordance with treatment and closure
plans approved by the state in which the activities are
taking place as part of a program to clean up and dispose of
waste from reprocessing spent nuclear fuel at the sites
referred to in subsection (c).
(b) Of the amount authorized to be appropriated by section
3102(a)(1) for defense site acceleration completion,
$350,000,000 shall be available for the activities to be
undertaken pursuant to subsection (a).
(c) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho
(2) The Savannah River Site, Aiken, South Carolina
(3) The Hanford Site, Richland, Washington.
(d) Section 3119 of this Act shall have no effect.
______
SA 3359. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Strike section 3116 and insert the following:
SEC. 3116. ON-SITE TREATMENT AND STORAGE OF WASTES FROM
REPROCESSING ACTIVITIES AND RELATED WASTE.
(a) Notwithstanding any other provision of law the
Department of Energy shall continue all activities related to
the storage, retrieval, treatment, separation and on-site
disposition of tank wastes currently managed as high level
radioactive waste in accordance with treatment and closure
plans approved by the state in which the activities are
taking place as part of a program to cleanup and dispose of
waste from reprocessing spent nuclear fuel at the sites
referred to in subsection (c).
(b) Of the amount authorized to be appropriated by section
3102(a)(1) for defense site acceleration completion,
$350,000,000 shall be available for the activities to be
undertaken pursuant to subsection (a).
(c) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho
(2) The Savannah River Site, Aiken, South Carolina
(3) The Hanford Site, Richland, Washington.
(d) Review by National Research Council.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Energy shall enter into a contract with the
National Research Council of the National Academies to
conduct a study of the necessary technologies and research
gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the
Department's sites in South Carolina, Washington and Idaho.
(e) Matters to be Addressed in Study.--The study shall
address the following:
(1) The quantities and characteristics of waste in each
high-level waste storage tank described in paragraph (a),
including data uncertainties;
(2) The technologies by which high-level radioactive waste
is currently being removed from the tanks for final disposal
under the Nuclear Waste Policy Act;
(3) Technologies currently available but not in use in
removing high-level radioactive waste from the tanks;
(4) Any technology gaps that exist to effect the removal of
high-level radioactive waste from the tanks;
(5) Other matters that in the judgement of the National
Research Council directly relate to the focus of this study.
(f) Time Limitation.--The National Research Council shall
conduct the review over a one year period beginning upon
execution of the contract described in subsection (a).
(g) Reports.--
(1) The National Research Council shall submit its
findings, conclusions and recommendations to the Secretary of
Energy and to the relevant Committees of jurisdiction of the
United States Senate and House of Representatives.
(2) The final report shall be submitted in unclassified
form with classified annexes as necessary.
(h) Provision of Information--The Secretary of Energy shall
make available to the National Research Council all of the
information necessary to complete its report in a timely
manner.
(1) Expedited processing of security clearances.--For
purposes of facilitating the commencement of the study under
this section, the Secretary of Energy shall expedite to the
fullest degree possible the processing of security clearances
that are necessary for the National Research Council to
conduct the study.
[[Page S6532]]
(j) Funding.--Of the amount authorized to be appropriated
in section 3102(a)(1) for environmental management for
defense site acceleration completion, $750,000 shall be
available for the study authorized under this section.
(k) Section 3119 of this Act shall have no effect.
______
SA 3360. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Strike section 3116 and insert the following:
SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Review by National Research Council.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Energy shall enter into a contract with the
National Research Council of the National Academies to
conduct a study of the necessary technologies and research
gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the
Department's sites in South Carolina, Washington and Idaho.
(b) Matters to be Addressed in Study--The study shall
address the following:
(1) The quantities and characteristics of waste in each
high-level waste storage tank described in paragraph (a),
including data uncertainties;
(2) The technologies by which high-level radioactive waste
is currently being removed from the tanks for final disposal
under the Nuclear Waste Policy Act;
(3) Technologies currently available but not in use in
removing high-level radioactive waste from the tanks;
(4) Any technology gaps that exist to effect the removal of
high-level radioactive waste from the tanks;
(5) Other matters that in the judgement of the National
Research Council directly relate to the focus of this study.
(c) Time Limitation.--The National Research Council shall
conduct the review over a one year period beginning upon
execution of the contract described in subsection (a).
(d) Reports.--
(1) The National Research Council shall submit its
findings, conclusions and recommendations to the Secretary of
Energy and to the relevant Committees of jurisdiction of the
United States Senate and House of Representatives.
(2) The final report shall be submitted in unclassified
form with classified annexes as necessary.
(e) Provision of Information.--The Secretary of Energy
shall make available to the National Research Council all of
the information necessary to complete its report in a timely
manner.
(f) Expedited Processing of Security Clearances.--For
purposes of facilitating the commencement of the study under
this section, the Secretary of Energy shall expedite to the
fullest degree possible the processing of security clearances
that are necessary for the National Research Council to
conduct the study.
(g) Funding.--Of the amount authorized to be appropriated
in section 3102(a)(1) for environmental management for
defense site acceleration completion, $750,000 shall be
available for the study authorized under this section.
______
SA 3361. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Strike section 3116.
______
SA 3362. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 384, strike line 2 and all that follows
through page 385, line 21, and insert the following:
``1 of each year thereafter''. This section shall become
effective one day after enactment.
SEC. 3116. ON-SITE TREATMENT AND STORAGE OF WASTES FROM
REPROCESSING ACTIVITIES AND RELATED WASTE.
(a) Notwithstanding any other provision of law the
Department of Energy shall continue all activities related to
the storage, retrieval, treatment, separation and on-site
disposition of tank wastes currently managed as high-level
radioactive waste in accordance with treatment and closure
plans approved by the state in which the activities are
taking place as part of a program to clean up and dispose of
waste from reprocessing spent nuclear fuel at the sites
referred to in subsection (c).
(b) Of the amount authorized to be appropriated by section
3102(a)(1) for defense site acceleration completion,
$350,000,000 shall be available for the activities to be
undertaken pursuant to subsection (a).
(c) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho
(2) The Savannah River Site, Aiken, South Carolina
(3) The Hanford Site, Richland, Washington.
(d) Section 3119 of this Act shall have no effect.
______
SA 3363. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 384, strike line 2 and all that follows
through page 385, line 21, and insert the following:
``1 of each year thereafter''. This section shall become
effective one day after enactment.
SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Review by National Research Council.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Energy shall enter into a contract with the
National Research Council of the National Academies to
conduct a study of the necessary technologies and research
gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the
Department's sites in South Carolina, Washington and Idaho.
(b) Matters To Be Addressed in Study.--The study shall
address the following:
(1) The quantities and characteristics of waste in each
high-level waste storage tank described in paragraph (a),
including data uncertainties;
(2) The technologies by which high-level radioactive waste
is currently being removed from the tanks for final disposal
under the Nuclear Waste Policy Act;
(3) Technologies currently available but not in use in
removing high-level radioactive waste from the tanks;
(4) Any technology gaps that exist to effect the removal of
high-level radioactive waste from the tanks;
(5) Other matters that in the judgment of the National
Research Council directly relate to the focus of this study.
(c) Time Limitation.--The National Research Council shall
conduct the review over a one-year period beginning upon
execution of the contract described in subsection (a).
(d) Reports.--
(1) The National Research Council shall submit its
findings, conclusions and recommendations to the Secretary of
Energy and to the relevant Committees of jurisdiction of the
United States Senate and House of Representatives.
(2) The final report shall be submitted in unclassified
form with classified annexes as necessary.
(e) Provision of Information.--The Secretary of Energy
shall make available to the National Research Council all of
the information necessary to complete its report in a timely
manner.
(f) Expedited Processing of Security Clearances.--For
purposes of facilitating the commencement of the study under
this section, the Secretary of Energy shall expedite to the
fullest degree possible the processing of security clearances
that are necessary for the National Research Council to
conduct the study.
(g) Fundings.--Of the amount authorized to be appropriated
in section 3102(a)(1) for environmental management for
defense site acceleration completion, $750,000 shall be
available for the study authorized under this section.
______
SA 3364. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 384, strike line 2 and all that follows
through page 385, line 21, and insert the following:
1 of each year thereafter''. This section shall become
effective one day after enactment.
SEC. 3116. ON-SITE TREATMENT AND STORAGE OF WASTES FROM
REPROCESSING ACTIVITIES AND RELATED WASTE.
(a) Notwithstanding any other provision of law the
Department of Energy shall continue
[[Page S6533]]
all activities related to the storage, retrieval, treatment,
separation and on-site disposition of tank wastes currently
managed as high level radioactive waste in accordance with
treatment and closure plans approved by the state in which
the activities are taking place as part of a program to
cleanup and dispose of waste from reprocessing spent nuclear
fuel at the sites referred to in subsection (c).
(b) Of the amount authorized to be appropriated by section
3102(a)(1) for defense site acceleration completion,
$350,000,000 shall be available for the activities to be
undertaken pursuant to subsection (a).
(c) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho
(2) The Savannah River Site, Aiken, South Carolina
(3) The Hanford Site, Richland, Washington.
(d) Review by National Research Council.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Energy shall enter into a contract with the
National Research Council of the National Academies to
conduct a study of the necessary technologies and research
gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the
Department's sites in South Carolina, Washington and Idaho.
(e) Matters To Be Addressed in Study.--The study shall
address the following:
(1) The quantities and characteristics of waste in each
high-level waste storage tank described in paragraph (a),
including data uncertainties;
(2) The technologies by which high-level radioactive waste
is currently being removed from the tanks for final disposal
under the Nuclear Waste Policy Act;
(3) Technologies currently available but not in use in
removing high-level radioactive waste from the tanks;
(4) Any technology gaps that exist to effect the removal of
high-level radioactive waste from the tanks;
(5) Other matters that in the judgment of the National
Research Council directly relate to the focus of this study.
(f) Time Limitation.--The National Research Council shall
conduct the review over a one-year period beginning upon
execution of the contract described in subsection (a).
(g) Reports.--
(1) The National Research Council shall submit its
findings, conclusions and recommendations to the Secretary of
Energy and to the relevant Committees of jurisdiction of the
United States Senate and House of Representatives.
(2) The final report shall be submitted in unclassified
form with classified annexes as necessary.
(h) Provision of Information.--The Secretary of Energy
shall make available to the National Research Council all of
the information necessary to complete its report in a timely
manner.
(i) Expedited Processing of Security Clearances.--For
purposes of facilitating the commencement of the study under
this section, the Secretary of Energy shall expedite to the
fullest degree possible the processing of security clearances
that are necessary for the National Research Council to
conduct the study.
(j) Funding.--Of the amount authorized to be appropriated
in section 3102(a)(1) for environmental management for
defense site acceleration completion, $750,000 shall be
available for the study authorized under this section.
(k) Section 3119 of this Act shall have no effect.
______
SA 3365. Mr. GRAHAM of Florida submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.
(a) Program Required.--The Director of the National
Security Agency shall carry out a pilot program on
cryptologic service training for the intelligence community.
(b) Objective of Program.--The objective of the pilot
program is to increase the number of qualified entry-level
language analysts and intelligence analysts available to the
National Security Agency and the other elements of the
intelligence community through the directed preparation and
recruitment of qualified entry-level language analysts and
intelligence analysts who commit to a period of service or a
career in the intelligence community.
(c) Program Scope.--(1) The pilot program shall be national
in scope.
(2) The pilot program shall be carried out at not more than
four institutions of higher education selected by the
Director for purposes of the pilot program.
(d) Program Participants.--(1) Subject to the provisions of
this subsection, the Director shall select the participants
in the pilot program from among individuals qualified to
participate in the pilot program utilizing such procedures as
the Director considers appropriate for purposes of the pilot
program.
(2) Each individual selected to participate in the pilot
program shall evidence a commitment to service in the
intelligence community after such individual's completion of
post-secondary education.
(3) Each individual selected to participate in the pilot
program shall be qualified for a security clearance
appropriate for the individual under the pilot program.
(4) The total number of participants in the pilot program
at any one time may not exceed 400 individuals.
(e) Program Management.--In carrying out the pilot program,
the Director shall--
(1) identify individuals interested in working in the
intelligence community, and committed to taking college-level
courses that will better prepare them for a career in the
intelligence community as a language analysts or intelligence
analyst;
(2) provide each individual selected for participation in
the pilot program--
(A) financial assistance for the pursuit of courses at
institutions of higher education selected by the Director
under subsection (c)(2) in fields of study that will qualify
such individual for employment by an element of the
intelligence community as a language analyst or intelligence
analyst; and
(B) educational counseling on the selection of courses to
be so pursued; and
(3) provide each individual so selected information on the
opportunities available for employment in the intelligence
community.
(f) Duration of Program.--(1) The pilot program shall
terminate six years after the date of the enactment of this
Act.
(2) The termination of the pilot program under paragraph
(1) shall not prevent the Director from continuing to provide
assistance, counseling, and information under subsection (e)
to individuals who are participating in the pilot program on
the date of termination of the pilot program throughout the
academic year in progress as of that date.
(g) Funding.--(1) Of the amount authorized to be
appropriated by section __, $20,000,000 shall be available
for activities under the pilot program.
(2) The amount available under paragraph (1) shall remain
available until expended.
______
SA 3366. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 574. HIGH-DEPLOYMENT ALLOWANCE.
(a) Plan for Payment of Allowance.--The Secretary of
Defense shall include in the budget of the President for each
fiscal year, as submitted to Congress pursuant to section
1105 of title 31, United States Code, a plan to pay during
such fiscal year a high-deployment allowance under section
436 of title 37, United States Code, to members of the Armed
Forces whose deployments exceed the high-deployment threshold
specified in subsection (a)(2) of such section in such fiscal
year.
(b) Plan Elements.--Each plan for a fiscal year under
subsection (a) shall include--
(1) the amount of the high-deployment allowance that will
be payable under section 436 of title 37, United States Code,
during such fiscal year, set forth by duration of deployment
and by frequency of deployment;
(2) a list of the duty assignments that will be excluded
from the payment of the allowance during such fiscal year
under section 436(f) of such title (as amended by subsection
(c) of this section);
(3) the number of members of each Armed Force who are
anticipated to exceed the high deployment threshold under
section 436(a)(2) of such title during such fiscal year,
regardless of whether the duty assignments of such members
are excluded from the payment of the allowance during such
fiscal year as specified under paragraph (2); and
(4) the estimated aggregate amount of allowances to be paid
during such fiscal year.
(c) Repeal of National Security Waiver on Payment.--
Effective January 1, 2005, section 436 of title 37, United
States Code, is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(d) Period of Deployment.--In paying high-deployment
allowances under section 436 of title 37, United States Code,
the Secretary of the military department concerned shall take
into account days deployed by a member of the Armed Forces on
or after January 1, 2003.
______
SA 3367. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other
[[Page S6534]]
purposes; which was ordered to lie on the table; as follows:
On page 147, after line 21, add the following:
SEC. __. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN
CASES OF RAPE AND INCEST.
Section 1093(a) of title 10, United States Code, is amended
by inserting before the period at the end the following: ``
or in a case in which the pregnancy is the result of an act
of rape or incest''.
______
SA 3368. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 33, after line 25, insert the following:
SEC. 224. LIMITATION ON DEPLOYMENT OF GROUND-BASED MIDCOURSE
DEFENSE ELEMENT OF THE NATIONAL BALLISTIC
MISSILE DEFENSE SYSTEM.
The ground-based midcourse defense element of the national
ballistic missile defense system may not be deployed for
initial defensive operations before the Secretary of Defense
certifies to Congress that the capabilities of the system to
perform its national ballistic missile defense missions have
been confirmed by operationally realistic testing of the
system.
______
SA 3369. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
Strike section 3119 and insert the following:
SEC. 3119. TREATMENT OF DISPOSITION WASTE FROM REPROCESSING
OF LOW-LEVEL OR TRANSURANIC WASTE.
(a) In General.--The Secretary of Energy shall continue all
activities relating to the storage, retrieval, treatment, and
separation of tank wastes currently managed as high-level
radioactive waste in accordance with treatment and closure
plans approved by the State in which such activities are
taking place as part of a program to clean up and dispose of
waste from reprocessing spent nuclear fuel at the sites
referred to in subsection (c).
(b) Funding.--Of the amount authorized to be appropriated
by section 3102(a)(1) for defense site acceleration
completion, $350,000,000 shall be available for activities to
be undertaken pursuant to subsection (a) and for activities
under section 3116.
(c) Covered Sites.--The sites referred to in this
subsection are as follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho.
(2) The Savannah River Site, Aiken, South Carolina.
(3) The Hanford Site, Richland, Washington.
(d) Construction of Other Authority.--(1) Section 3116
shall have no effect on States other than the State referred
to in subsection (d) of that section.
(2) Nothing in section 3116 shall alter or jeopardize the
full implementation of the settlement agreement entered into
by the United States with the State of Idaho in the actions
captioned Public Service Co. of Colorado v. Batt, Civil No.
91-0035-S-EJL, and United States v. Batt, Civil No. 91-0054-
S-EJL, in the United States District Court for the District
of Idaho and the consent order of the United States District
Court for the District of Idaho, dated October 17, 1995, that
effectuates the settlement agreement, the Idaho National
Engineering Laboratory Federal Facility Agreement and Consent
Order, or the Hanford Federal Facility Agreement and Consent
Order.
(3) Nothing in this section establishes any precedent or is
binding on the State of Idaho, the State of Washington, or
any other State for the management, storage, treatment, or
disposition of radioactive or hazardous materials.
______
SA 3370. Mr. FRIST (for himself, Mr. Crapo, and Mr. Craig) submitted
an amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 385, between lines 21 and 22, insert the following:
(e) Construction.--(1) Nothing in this section shall
affect, alter, or modify the full implementation of--
(A) the settlement agreement entered into by the United
States with the State of Idaho in the actions captioned
Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-
EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in
the United States District Court for the District of Idaho,
and the consent order of the United States District Court for
the District of Idaho, dated October 17, 1995, that
effectuates the settlement agreement;
(B) the Idaho National Engineering Laboratory Federal
Facility Agreement and Consent Order; or
(C) the Hanford Federal Facility Agreement and Consent
Order.
(2) Nothing in this section establishes any precedent or is
binding on the State of Idaho, the State of Washington, or
any other State for the management, storage, treatment, and
disposition of radioactive and hazardous materials.
______
SA 3371. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 130, between lines 9 and 10, insert the following:
SEC. 642. DEATH BENEFITS ENHANCEMENT.
(a) Final Actions on Fiscal Year 2004 Death Benefits
Study.--(1) Congress finds that the study of the Federal
death benefits for survivors of deceased members of the Armed
Forces under section 647 of the National Defense
Authorization Act for Fiscal Year 2004 has given Congress
sufficient insight to initiate action to provide for the
enhancement of the current set of death benefits that are
provided under law for the survivors.
(2) The Secretary of Defense shall expedite the completion
and submission of the final report, which was due on March 1,
2004, under section 647 of the National Defense Authorization
Act for Fiscal Year 2004.
(3) It is the sense of Congress that the President should
promptly submit to Congress any recommendation for
legislation, together with a request for appropriations, that
the President determines necessary to implement the death
benefits enhancements that are recommended in the final
report under section 647 of the National Defense
Authorization Act for Fiscal Year 2004.
(b) Fiscal Year 2005 Actions.--At the same time that the
President submits to Congress the budget for fiscal year 2006
under section 1105(a) of title 31, United States Code, the
President, in consultation with the Secretary of Defense,
shall submit to Congress a draft of legislation to provide
enhanced death benefits for survivors of deceased members of
the uniformed services. The draft legislation shall include
provisions for the following:
(1) Revision of the Servicemembers' Group Life Insurance
program to provide for--
(A) an increase of the maximum benefit provided under
Servicemembers' Group Life Insurance to $350,000, together
with an increase, each fiscal year, by the same overall
average percentage increase that takes effect during such
fiscal year in the rates of basic pay under section 204 of
title 37, United States Code; and
(B) a minimum benefit of $100,000 at no cost to the insured
members of the uniformed services who elect the maximum
coverage, together with an increase in such minimum benefit
each fiscal year by the same percentage increase as is
described in subparagraph (A).
(2) An increase, each fiscal year, of the amount of the
death gratuity provided under section 1478 of title 10,
United States Code, by the same overall average percentage
increase that takes effect during such fiscal year in the
rates of basic pay under section 204 of title 37, United
States Code.
(3) An additional set of death benefits for each member of
the uniformed services who dies in the line of duty while on
active duty that includes, at a minimum, an additional death
gratuity in the amount that--
(A) in the case of a member not described in subparagraph
(B), is equal to the sum of--
(i) the total amount of the basic pay to which the deceased
member would have been entitled under section 204 of title
37, United States Code, if the member had not died and had
continued to serve on active duty for an additional year; and
(ii) the total amount of all allowances and special pays
that the member would have been entitled to receive under
title 37, United States Code, over the one-year period
beginning on the member's date of death if the member had not
died and had continued to serve on active duty for an
additional year with the unit to which the member was
assigned or detailed on such date; and
(B) in the case of a member who dies as a result of an
injury caused by or incurred while exposed to hostile action
(including any hostile fire or explosion and any hostile
action from a terrorist source), is equal to twice the amount
calculated under subparagraph (A).
[[Page S6535]]
(4) Any other new death benefits or enhancement of existing
death benefits that the President recommends.
(5) Retroactive applicability of the benefits referred to
in paragraphs (1) through (4) so as to provide the benefits--
(A) for members of the uniformed services who die in line
of duty on or after October 7, 2001, of a cause incurred or
aggravated while deployed in support of Operation Enduring
Freedom; and
(B) for members of the uniformed services who die in line
of duty on or after March 19, 2003, of a cause incurred or
aggravated while deployed in support of Operation Iraqi
Freedom.
(c) Fiscal Year 2006 Budget Submission.--The budget for
fiscal year 2006 that is submitted to Congress under section
1105(a) of title 31, United States Code, shall include the
following:
(1) The amounts that would be necessary for funding the
benefits covered by the draft legislation required to be
submitted under subsection (b).
(2) The amounts that would be necessary for funding the
organizational and administrative enhancements, including
increased personnel, that are necessary to ensure efficient
and effective administration and timely payment of the
benefits provided for in the draft legislation.
(d) Early Submission of Proposal for Additional Death
Benefits.--Congress urges the President to submit the draft
of legislation for the additional set of death benefits under
paragraph (3) of subsection (b) before the time for
submission required under that subsection and as soon as is
practicable after the date of the enactment of this Act.
______
SA 3372. Mr. SESSIONS (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CONTRACTOR ACCOUNTABILITY.
Section 3267(1)(A) of title 18, United States Code, is
amended to read as follows:
``(A) employed as--
``(i) a civilian employee of--
``(I) the Department of Defense (including a
nonappropriated fund instrumentality of the Department); or
``(II) any other Federal agency, or any provisional
authority, to the extent such employment relates to
supporting the mission of the Department of Defense overseas;
``(ii) a contractor (including a subcontractor at any tier)
of--
``(I) the Department of Defense (including a
nonappropriated fund instrumentality of the Department); or
``(II) any other Federal agency, or any provisional
authority, to the extent such employment relates to
supporting the mission of the Department of Defense overseas;
or
``(iii) an employee of a contractor (or subcontractor at
any tier) of--
``(I) the Department of Defense (including a
nonappropriated fund instrumentality of the Department); or
``(II) any other Federal agency, or any provisional
authority, to the extent such employment relates to
supporting the mission of the Department of Defense
overseas;''.
______
SA 3373. Mr. BENNETT (for himself and Mr. Hatch) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of division B, add the following:
TITLE XXIX--UTAH TEST AND TRAINING RANGE
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Utah Test and Training
Range Protection Act''.
SEC. 2902. DEFINITIONS.
In this title:
(1) The term ``covered wilderness study areas'' means the
wilderness study areas located near lands withdrawn for
military use and beneath special use airspace critical to the
support of military test and training missions at the Utah
Test and Training Range, including the Deep Creek, Fish
Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top,
Wah Wah Mountain, and Conger Mountain units identified by the
Department of the Interior pursuant to section 603 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782).
(2) The term ``Utah Test and Training Range'' means those
portions of the military operating area of the Utah Test and
Training Area located solely in the State of Utah. The term
includes the Dugway Proving Ground.
SEC. 2903. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND
TRAINING RANGE.
(a) Findings.--Congress makes the following findings:
(1) The testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States.
(2) The Utah Test and Training Range in the State of Utah
is a unique and irreplaceable national asset at the core of
the test and training mission of the Department of Defense.
(3) The Utah Test and Training Range and special use
airspace withdrawn for military uses create unique management
circumstances for the covered wilderness study areas in this
title, such use would not impair the suitability of such
areas for designation by Congress as wilderness in the
future, and it is not the intent of Congress that passage of
this title shall be construed as establishing a precedent
with respect to any future national conservation area or
wilderness designation.
(4) Continued access to the special use airspace and lands
that comprise the Utah Test and Training Range, under the
terms and conditions described in this section, is a national
security priority and is not incompatible with the protection
and proper management of the natural, environmental,
cultural, and other resources of such lands.
(b) Overflights.--Nothing in this title or the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
shall preclude the military from conducting low-level
overflights and operations of military aircraft, helicopters,
missiles, or unmanned aerial vehicles over the covered
wilderness study areas, including military overflights and
operations that can be seen or heard within the covered
wilderness study areas.
(c) Special Use Airspace and Training Routes.--Nothing in
this title or the Federal Land Policy and Management Act of
1976 shall preclude the designation of new units of special
use airspace, the expansion of existing units of special use
airspace, or the use or establishment of military training
routes over the covered wilderness study areas.
(d) Communications and Tracking Systems.--Nothing in this
title shall prevent any required maintenance of existing
communications, instrumentation, or electronic tracking
systems (or infrastructure supporting such systems) or
prevent the installation of new communication,
instrumentation, or other equipment necessary for effective
testing and training to meet military requirements in the
covered wilderness study areas, so long as the Secretary of
the Interior, after consultation with the Secretary of the
Air Force, determines that the installation and maintenance
of such systems complies with section 603 of the Federal Land
Policy and Management Act of 1976.
(e) Emergency Access and Response.--Nothing in this title
or the Federal Land Policy and Management Act of 1976 shall
preclude the continuation of the memorandum of understanding
in existence as of the date of the enactment of this Act
between the Department of the Interior and the Department of
the Air Force with respect to emergency access and response.
(f) Prohibition on Ground Military Operations.--Except as
provided in subsections (d) and (e), nothing in this section
shall be construed to permit a military operation to be
conducted on the ground in a covered wilderness study area in
the Utah Test and Training Range unless such ground operation
is otherwise authorized under Federal law and consistent with
the Federal Land Policy and Management Act of 1976.
SEC. 2904. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST
AND TRAINING RANGE.
The Secretary of the Interior shall develop, maintain, and
revise land use plans pursuant to section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S. C. 1712) for
Federal lands located in the Utah Test and Training Range in
consultation with the Secretary of Defense. As part of the
required consultation in connection with a proposed revision
of a land use plan, the Secretary of Defense shall prepare
and transmit to the Secretary of the Interior an analysis of
the military readiness and operational impacts of the
proposed revision within six months of a request from the
Secretary of Interior.
SEC. 2905. RELATION TO OTHER LANDS AND LAWS.
(a) Other Lands.--Nothing in this title shall be construed
to affect any Federal lands located outside of the covered
wilderness study areas or the management of such lands.
(b) Conforming Repeal.--Section 2815 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 852) is amended by striking subsection (d).
______
SA 3374. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end, add the following:
[[Page S6536]]
TITLE __--ALASKA NATURAL GAS PIPELINE
SEC. __01. SHORT TITLE.
This title may be cited as the ``Alaska Natural Gas
Pipeline Act''.
SEC. __02. DEFINITIONS.
In this title:
(1) Alaska natural gas.--The term ``Alaska natural gas''
means natural gas derived from the area of the State of
Alaska lying north of 64 degrees north latitude.
(2) Alaska natural gas transportation project.--The term
``Alaska natural gas transportation project'' means any
natural gas pipeline system that carries Alaska natural gas
to the border between Alaska and Canada (including related
facilities subject to the jurisdiction of the Commission)
that is authorized under--
(A) the Alaska Natural Gas Transportation Act of 1976 (15
U.S.C. 719 et seq.); or
(B) section __03.
(3) Alaska natural gas transportation system.--The term
``Alaska natural gas transportation system'' means the Alaska
natural gas transportation project authorized under the
Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719
et seq.) and designated and described in section 2 of the
President's decision.
(4) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(5) Federal coordinator.--The term ``Federal Coordinator''
means the head of the Office of the Federal Coordinator for
Alaska Natural Gas Transportation Projects established by
section __06(a).
(6) President's decision.--The term ``President's
decision'' means the decision and report to Congress on the
Alaska natural gas transportation system--
(A) issued by the President on September 22, 1977, in
accordance with section 7 of the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719e); and
(B) approved by Public Law 95-158 (15 U.S.C. 719f note; 91
Stat. 1268).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) State.--The term ``State'' means the State of Alaska.
SEC. __03. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY.
(a) Authority of the Commission.--Notwithstanding the
Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719
et seq.), the Commission may, in accordance with section 7(c)
of the Natural Gas Act (15 U.S.C. 717f(c)), consider and act
on an application for the issuance of a certificate of public
convenience and necessity authorizing the construction and
operation of an Alaska natural gas transportation project
other than the Alaska natural gas transportation system.
(b) Issuance of Certificate.--
(1) In general.--The Commission shall issue a certificate
of public convenience and necessity authorizing the
construction and operation of an Alaska natural gas
transportation project under this section if the applicant
has satisfied the requirements of section 7(e) of the Natural
Gas Act (15 U.S.C. 717f(e)).
(2) Considerations.--In considering an application under
this section, the Commission shall presume that--
(A) a public need exists to construct and operate the
proposed Alaska natural gas transportation project; and
(B) sufficient downstream capacity will exist to transport
the Alaska natural gas moving through the project to markets
in the contiguous United States.
(c) Expedited Approval Process.--Not later than 60 days
after the date of issuance of the final environmental impact
statement under section __104 for an Alaska natural gas
transportation project, the Commission shall issue a final
order granting or denying any application for a certificate
of public convenience and necessity for the project under
section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)) and
this section.
(d) Prohibition of Certain Pipeline Route.--No license,
permit, lease, right-of-way, authorization, or other approval
required under Federal law for the construction of any
pipeline to transport natural gas from land within the
Prudhoe Bay oil and gas lease area may be granted for any
pipeline that follows a route that--
(1) traverses land beneath navigable waters (as defined in
section 2 of the Submerged Lands Act (43 U.S.C. 1301))
beneath, or the adjacent shoreline of, the Beaufort Sea; and
(2) enters Canada at any point north of 68 degrees north
latitude.
(e) Open Season.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Commission shall issue regulations
governing the conduct of open seasons for Alaska natural gas
transportation projects (including procedures for the
allocation of capacity).
(2) Regulations.--The regulations referred to in paragraph
(1) shall--
(A) include the criteria for and timing of any open
seasons;
(B) promote competition in the exploration, development,
and production of Alaska natural gas; and
(C) for any open season for capacity exceeding the initial
capacity, provide the opportunity for the transportation of
natural gas other than from the Prudhoe Bay and Point Thomson
units.
(3) Applicability.--Except in a case in which an expansion
is ordered in accordance with section __05, initial or
expansion capacity on any Alaska natural gas transportation
project shall be allocated in accordance with procedures to
be established by the Commission in regulations issued under
paragraph (1).
(f) Projects in the Contiguous United States.--
(1) In general.--An application for additional or expanded
pipeline facilities that may be required to transport Alaska
natural gas from Canada to markets in the contiguous United
States may be made in accordance with the Natural Gas Act (15
U.S.C. 717a et seq.).
(2) Expansion.--To the extent that a pipeline facility
described in paragraph (1) includes the expansion of any
facility constructed in accordance with the Alaska Natural
Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), that
Act shall continue to apply.
(g) Study of In-State Needs.--The holder of the certificate
of public convenience and necessity issued, modified, or
amended by the Commission for an Alaska natural gas
transportation project shall demonstrate that the holder has
conducted a study of Alaska in-State needs, including tie-in
points along the Alaska natural gas transportation project
for in-State access.
(h) Alaska Royalty Gas.--
(1) In general.--Except as provided in paragraph (2), the
Commission, on a request by the State and after a hearing,
may provide for reasonable access to the Alaska natural gas
transportation project by the State (or State designee) for
the transportation of royalty gas of the State for the
purpose of meeting local consumption needs within the State.
(2) Exception.--The rates of shippers of subscribed
capacity on an Alaska natural gas transportation project
described in paragraph (1), as in effect as of the date on
which access under that paragraph is granted, shall not be
increased as a result of such access.
(i) Regulations.--The Commission may issue such regulations
as are necessary to carry out this section.
SEC. __04. ENVIRONMENTAL REVIEWS.
(a) Compliance With NEPA.--The issuance of a certificate of
public convenience and necessity authorizing the construction
and operation of any Alaska natural gas transportation
project under section __03 shall be treated as a major
Federal action significantly affecting the quality of the
human environment within the meaning of section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(b) Designation of Lead Agency.--
(1) In general.--The Commission--
(A) shall be the lead agency for purposes of complying with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.); and
(B) shall be responsible for preparing the environmental
impact statement required by section 102(2)(c) of that Act
(42 U.S.C. 4332(2)(c)) with respect to an Alaska natural gas
transportation project under section __103.
(2) Consolidation of statements.--In carrying out paragraph
(1), the Commission shall prepare a single environmental
impact statement, which shall consolidate the environmental
reviews of all Federal agencies considering any aspect of the
Alaska natural gas transportation project covered by the
environmental impact statement.
(c) Other Agencies.--
(1) In general.--Each Federal agency considering an aspect
of the construction and operation of an Alaska natural gas
transportation project under section __03 shall--
(A) cooperate with the Commission; and
(B) comply with deadlines established by the Commission in
the preparation of the environmental impact statement under
this section.
(2) Satisfaction of nepa requirements.--The environmental
impact statement prepared under this section shall be adopted
by each Federal agency described in paragraph (1) in
satisfaction of the responsibilities of the Federal agency
under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to the Alaska
natural gas transportation project covered by the
environmental impact statement.
(d) Expedited Process.--The Commission shall--
(1) not later than 1 year after the Commission determines
that the application under section __03 with respect to an
Alaska natural gas transportation project is complete, issue
a draft environmental impact statement under this section;
and
(2) not later than 180 days after the date of issuance of
the draft environmental impact statement, issue a final
environmental impact statement, unless the Commission for
good cause determines that additional time is needed.
SEC. __05. PIPELINE EXPANSION.
(a) Authority.--With respect to any Alaska natural gas
transportation project, on a request by 1 or more persons and
after giving notice and an opportunity for a hearing, the
Commission may order the expansion of the Alaska natural gas
project if the Commission determines that such an expansion
is required by the present and future public convenience and
necessity.
(b) Responsibilities of Commission.--Before ordering an
expansion under subsection (a), the Commission shall--
(1) approve or establish rates for the expansion service
that are designed to ensure the recovery, on an incremental
or rolled-in
[[Page S6537]]
basis, of the cost associated with the expansion (including a
reasonable rate of return on investment);
(2) ensure that the rates do not require existing shippers
on the Alaska natural gas transportation project to subsidize
expansion shippers;
(3) find that a proposed shipper will comply with, and the
proposed expansion and the expansion of service will be
undertaken and implemented based on, terms and conditions
consistent with the tariff of the Alaska natural gas
transportation project in effect as of the date of the
expansion;
(4) find that the proposed facilities will not adversely
affect the financial or economic viability of the Alaska
natural gas transportation project;
(5) find that the proposed facilities will not adversely
affect the overall operations of the Alaska natural gas
transportation project;
(6) find that the proposed facilities will not diminish the
contract rights of existing shippers to previously subscribed
certificated capacity;
(7) ensure that all necessary environmental reviews have
been completed; and
(8) find that adequate downstream facilities exist or are
expected to exist to deliver incremental Alaska natural gas
to market.
(c) Requirement for a Firm Transportation Agreement.--Any
order of the Commission issued in accordance with this
section shall be void unless the person requesting the order
executes a firm transportation agreement with the Alaska
natural gas transportation project within such reasonable
period of time as the order may specify.
(d) Limitation.--Nothing in this section expands or
otherwise affects any authority of the Commission with
respect to any natural gas pipeline located outside the
State.
(e) Regulations.--The Commission may issue such regulations
as are necessary to carry out this section.
SEC. __06. FEDERAL COORDINATOR.
(a) Establishment.--There is established, as an independent
office in the executive branch, the Office of the Federal
Coordinator for Alaska Natural Gas Transportation Projects.
(b) Federal Coordinator.--
(1) Appointment.--The Office shall be headed by a Federal
Coordinator for Alaska Natural Gas Transportation Projects,
who shall be appointed by the President, by and with the
advice and consent of the Senate, to serve a term to last
until 1 year following the completion of the project referred
to in section __03.
(2) Compensation.--The Federal Coordinator shall be
compensated at the rate prescribed for level III of the
Executive Schedule (5 U.S.C. 5314).
(c) Duties.--The Federal Coordinator shall be responsible
for--
(1) coordinating the expeditious discharge of all
activities by Federal agencies with respect to an Alaska
natural gas transportation project; and
(2) ensuring the compliance of Federal agencies with the
provisions of this title.
(d) Reviews and Actions of Other Federal Agencies.--
(1) Expedited reviews and actions.--All reviews conducted
and actions taken by any Federal agency relating to an Alaska
natural gas transportation project authorized under this
section shall be expedited, in a manner consistent with
completion of the necessary reviews and approvals by the
deadlines under this title.
(2) Prohibition of certain terms and conditions.--No
Federal agency may include in any certificate, right-of-way,
permit, lease, or other authorization issued to an Alaska
natural gas transportation project any term or condition that
may be permitted, but is not required, by any applicable law
if the Federal Coordinator determines that the term or
condition would prevent or impair in any significant respect
the expeditious construction and operation, or an expansion,
of the Alaska natural gas transportation project.
(3) Prohibition of certain actions.--Unless required by
law, no Federal agency shall add to, amend, or abrogate any
certificate, right-of-way, permit, lease, or other
authorization issued to an Alaska natural gas transportation
project if the Federal Coordinator determines that the action
would prevent or impair in any significant respect the
expeditious construction and operation, or an expansion, of
the Alaska natural gas transportation project.
(4) Limitation.--The Federal Coordinator shall not have
authority to--
(A) override--
(i) the implementation or enforcement of regulations issued
by the Commission under section __03; or
(ii) an order by the Commission to expand the project under
section __105; or
(B) impose any terms, conditions, or requirements in
addition to those imposed by the Commission or any agency
with respect to construction and operation, or an expansion
of, the project.
(e) State Coordination.--
(1) In general.--The Federal Coordinator and the State
shall enter into a joint surveillance and monitoring
agreement similar to the agreement in effect during
construction of the Trans-Alaska Pipeline, to be approved by
the President and the Governor of the State, for the purpose
of monitoring the construction of the Alaska natural gas
transportation project.
(2) Primary responsibility.--With respect to an Alaska
natural gas transportation project--
(A) the Federal Government shall have primary surveillance
and monitoring responsibility in areas where the Alaska
natural gas transportation project crosses Federal land or
private land; and
(B) the State government shall have primary surveillance
and monitoring responsibility in areas where the Alaska
natural gas transportation project crosses State land.
(f) Transfer of Federal Inspector Functions and
Authority.--On appointment of the Federal Coordinator by the
President, all of the functions and authority of the Office
of Federal Inspector of Construction for the Alaska Natural
Gas Transportation System vested in the Secretary under
section 3012(b) of the Energy Policy Act of 1992 (15 U.S.C.
719e note; Public Law 102-486), including all functions and
authority described and enumerated in the Reorganization Plan
No. 1 of 1979 (44 Fed. Reg. 33663), Executive Order No. 12142
of June 21, 1979 (44 Fed. Reg. 36927), and section 5 of the
President's decision, shall be transferred to the Federal
Coordinator.
(g) Temporary Authority.--The functions, authorities,
duties, and responsibilities of the Federal Coordinator shall
be vested in the Secretary until the earlier of the
appointment of the Federal Coordinator by the President, or
18 months after the date of enactment of this Act.
SEC. __07. JUDICIAL REVIEW.
(a) Exclusive Jurisdiction.--Except for review by the
Supreme Court on writ of certiorari, the United States Court
of Appeals for the District of Columbia Circuit shall have
original and exclusive jurisdiction to determine--
(1) the validity of any final order or action (including a
failure to act) of any Federal agency or officer under this
title;
(2) the constitutionality of any provision of this title,
or any decision made or action taken under this title; or
(3) the adequacy of any environmental impact statement
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to any action under
this title.
(b) Deadline for Filing Claim.--A claim arising under this
title may be brought not later than 60 days after the date of
the decision or action giving rise to the claim.
(c) Expedited Consideration.--The United States Court of
Appeals for the District of Columbia Circuit shall set any
action brought under subsection (a) for expedited
consideration, taking into account the national interest of
enhancing national energy security by providing access to the
significant gas reserves in Alaska needed to meet the
anticipated demand for natural gas.
(d) Amendment of the Alaska Natural Gas Transportation Act
of 1976.--Section 10(c) of the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719h) is amended--
(1) by striking ``(c)(1) A claim'' and inserting the
following:
``(c) Jurisdiction.--
``(1) Special courts.--
``(A) In general.--A claim'';
(2) by striking ``Such court shall have'' and inserting the
following:
``(B) Exclusive jurisdiction.--The Special Court shall
have'';
(3) by inserting after paragraph (1) the following:
``(2) Expedited consideration.--The Special Court shall set
any action brought under this section for expedited
consideration, taking into account the national interest
described in section 2.''; and
(4) in paragraph (3), by striking ``(3) The enactment'' and
inserting the following:
``(3) Environmental impact statements.--The enactment''.
SEC. __08. STATE JURISDICTION OVER IN-STATE DELIVERY OF
NATURAL GAS.
(a) Local Distribution.--Any facility receiving natural gas
from an Alaska natural gas transportation project for
delivery to consumers within the State--
(1) shall be deemed to be a local distribution facility
within the meaning of section 1(b) of the Natural Gas Act (15
U.S.C. 717(b)); and
(2) shall not be subject to the jurisdiction of the
Commission.
(b) Additional Pipelines.--Except as provided in section
__103(d), nothing in this title shall preclude or otherwise
affect a future natural gas pipeline that may be constructed
to deliver natural gas to Fairbanks, Anchorage, Matanuska-
Susitna Valley, or the Kenai peninsula or Valdez or any other
site in the State for consumption within or distribution
outside the State.
(c) Rate Coordination.--
(1) In general.--In accordance with the Natural Gas Act (15
U.S.C. 717a et seq.), the Commission shall establish rates
for the transportation of natural gas on any Alaska natural
gas transportation project.
(2) Consultation.--In carrying out paragraph (1), the
Commission, in accordance with section 17(b) of the Natural
Gas Act (15 U.S.C. 717p(b)), shall consult with the State
regarding rates (including rate settlements) applicable to
natural gas transported on and delivered from the Alaska
natural gas transportation project for use within the State.
SEC. __09. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.
(a) Requirement of Study.--If no application for the
issuance of a certificate or amended certificate of public
convenience and necessity authorizing the construction
[[Page S6538]]
and operation of an Alaska natural gas transportation project
has been filed with the Commission by the date that is 18
months after the date of enactment of this Act, the Secretary
shall conduct a study of alternative approaches to the
construction and operation of such an Alaska natural gas
transportation project.
(b) Scope of Study.--The study under subsection (a) shall
take into consideration the feasibility of--
(1) establishing a Federal Government corporation to
construct an Alaska natural gas transportation project; and
(2) securing alternative means of providing Federal
financing and ownership (including alternative combinations
of Government and private corporate ownership) of the Alaska
natural gas transportation project.
(c) Consultation.--In conducting the study under subsection
(a), the Secretary shall consult with the Secretary of the
Treasury and the Secretary of the Army (acting through the
Chief of Engineers).
(d) Report.--On completion of any study under subsection
(a), the Secretary shall submit to Congress a report that
describes--
(1) the results of the study; and
(2) any recommendations of the Secretary (including
proposals for legislation to implement the recommendations).
SEC. __10. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES.
(a) Savings Clause.--Nothing in this title affects--
(1) any decision, certificate, permit, right-of-way, lease,
or other authorization issued under section 9 of the Alaska
Natural Gas Transportation Act of 1976 (15 U.S.C. 719g); or
(2) any Presidential finding or waiver issued in accordance
with that Act.
(b) Clarification of Authority to Amend Terms and
Conditions to Meet Current Project Requirements.--Any Federal
agency responsible for granting or issuing any certificate,
permit, right-of-way, lease, or other authorization under
section 9 of the Alaska Natural Gas Transportation Act of
1976 (15 U.S.C. 719g) may add to, amend, or rescind any term
or condition included in the certificate, permit, right-of-
way, lease, or other authorization to meet current project
requirements (including the physical design, facilities, and
tariff specifications), if the addition, amendment, or
rescission--
(1) would not compel any change in the basic nature and
general route of the Alaska natural gas transportation system
as designated and described in section 2 of the President's
decision; or
(2) would not otherwise prevent or impair in any
significant respect the expeditious construction and initial
operation of the Alaska natural gas transportation system.
(c) Updated Environmental Reviews.--The Secretary shall
require the sponsor of the Alaska natural gas transportation
system to submit such updated environmental data, reports,
permits, and impact analyses as the Secretary determines are
necessary to develop detailed terms, conditions, and
compliance plans required by section 5 of the President's
decision.
SEC. __11. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.
(a) Program.--
(1) Establishment.--The Secretary of Labor (in this section
referred to as the ``Secretary'') shall make grants to the
Alaska Workforce Investment Board--
(A) to recruit and train adult and dislocated workers in
Alaska, including Alaska Natives, in the skills required to
construct and operate an Alaska gas pipeline system; and
(B) for the design and construction of a training facility
to be located in Fairbanks, Alaska, to support an Alaska gas
pipeline training program.
(2) Coordination with existing programs.--The training
program established with the grants authorized under
paragraph (1) shall be consistent with the vision and goals
set forth in the State of Alaska Unified Plan, as developed
pursuant to the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.).
(b) Requirements for Grants.--The Secretary shall make a
grant under subsection (a) only if--
(1) the Governor of the State of Alaska requests the grant
funds and certifies in writing to the Secretary that there is
a reasonable expectation that the construction of the Alaska
natural gas pipeline system will commence by the date that is
2 years after the date of the certification; and
(2) the Secretary of Energy concurs in writing to the
Secretary with the certification made under paragraph (1)
after considering--
(A) the status of necessary Federal and State permits;
(B) the availability of financing for the Alaska natural
gas pipeline project; and
(C) other relevant factors.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$20,000,000. Not more than 15 percent of the funds may be
used for the facility described in subsection (a)(1)(B).
SEC. __12. SENSE OF CONGRESS CONCERNING USE OF STEEL
MANUFACTURED IN NORTH AMERICA NEGOTIATION OF A
PROJECT LABOR AGREEMENT.
It is the sense of Congress that--
(1) an Alaska natural gas transportation project would
provide significant economic benefits to the United States
and Canada; and
(2) to maximize those benefits, the sponsors of the Alaska
natural gas transportation project should make every effort
to--
(A) use steel that is manufactured in North America; and
(B) negotiate a project labor agreement to expedite
construction of the pipeline.
SEC. __13. SENSE OF CONGRESS AND STUDY CONCERNING
PARTICIPATION BY SMALL BUSINESS CONCERNS.
(a) Definition of Small Business Concern.--In this section,
the term ``small business concern'' has the meaning given the
term in section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) an Alaska natural gas transportation project would
provide significant economic benefits to the United States
and Canada; and
(2) to maximize those benefits, the sponsors of the Alaska
natural gas transportation project should maximize the
participation of small business concerns in contracts and
subcontracts awarded in carrying out the project.
(c) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to determine the extent to which
small business concerns participate in the construction of
oil and gas pipelines in the United States.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report that describes results of the study
under paragraph (1).
(3) Updates.--The Comptroller General shall--
(A) update the study at least once every 5 years until
construction of an Alaska natural gas transportation project
is completed; and
(B) on completion of each update, submit to Congress a
report containing the results of the update.
SEC. __14. SENSE OF CONGRESS CONCERNING NATURAL GAS DEMAND.
It is the sense of Congress that--
(1) North American demand for natural gas will increase
dramatically over the course of the next several decades;
(2) both the Alaska Natural Gas Pipeline and the Mackenzie
Delta Natural Gas project in Canada will be necessary to help
meet the increased demand for natural gas in North America;
(3) Federal and State officials should work together with
officials in Canada to ensure both projects can move forward
in a mutually beneficial fashion;
(4) Federal and State officials should acknowledge that the
smaller scope, fewer permitting requirements, and lower cost
of the Mackenzie Delta project means it will most likely be
completed before the Alaska Natural Gas Pipeline;
(5) natural gas production in the 48 contiguous States and
Canada will not be able to meet all domestic demand in the
coming decades; and
(6) as a result, natural gas delivered from Alaskan North
Slope will not displace or reduce the commercial viability of
Canadian natural gas produced from the Mackenzie Delta or
production from the 48 contiguous States.
SEC. __15. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP.
It is the sense of Congress that--
(1) Alaska Native Regional Corporations, companies owned
and operated by Alaskans, and individual Alaskans should have
the opportunity to own shares of the Alaska natural gas
pipeline in a way that promotes economic development for the
State; and
(2) to facilitate economic development in the State, all
project sponsors should negotiate in good faith with any
willing Alaskan person that desires to be involved in the
project.
SEC. __16. LOAN GUARANTEES.
(a) Authority.--(1) The Secretary may enter into agreements
with 1 or more holders of a certificate of public convenience
and necessity issued under section __03(b) of this title or
section 9 of the Alaska Natural Gas Transportation Act of
1976 (15 U.S.C. 719g), or with an entity the Secretary
determines is qualified to construct and operate a liquefied
natural gas project to transport liquefied natural gas from
Southcentral Alaska to West Coast States, to issue Federal
guarantee instruments with respect to loans and other debt
obligations for a qualified infrastructure project.
(2) Subject to the requirements of this section, the
Secretary may also enter into agreements with 1 or more
owners of the Canadian portion of a qualified infrastructure
project to issue Federal guarantee instruments with respect
to loans and other debt obligations for a qualified
infrastructure project as though such owner were a holder
described in paragraph (1).
(3) The authority of the Secretary to issue Federal
guarantee instruments under this section for a qualified
infrastructure project shall expire on the date that is 2
years after the date on which the final certificate of public
convenience and necessity (including any Canadian
certificates of public convenience and necessity) is issued
for the project. A final certificate shall be considered to
have been issued when all certificates of public convenience
and necessity have been issued that are required for the
initial transportation of commercially economic quantities of
natural gas from Alaska to the continental United States.
[[Page S6539]]
(b) Conditions.--(1) The Secretary may issue a Federal
guarantee instrument for a qualified infrastructure project
only after a certificate of public convenience and necessity
under section __03(b) of this title or an amended certificate
under section 9 of the Alaska Natural Gas Transportation Act
of 1976 (15 U.S.C. 719g) has been issued for the project, or
after the Secretary certifies there exists a qualified entity
to construct and operate a liquefied natural gas project to
transport liquefied natural gas from Southcentral Alaska to
West Coast States. In no case shall loan guarantees be issued
for more than one qualified project.
(2) The Secretary may issue a Federal guarantee instrument
under this section for a qualified infrastructure project
only if the loan or other debt obligation guaranteed by the
instrument has been issued by an eligible lender.
(3) The Secretary shall not require as a condition of
issuing a Federal guarantee instrument under this section any
contractual commitment or other form of credit support of the
sponsors (other than equity contribution commitments and
completion guarantees), or any throughput or other guarantee
from prospective shippers greater than such guarantees as
shall be required by the project owners.
(c) Limitations on Amounts.--(1) The amount of loans and
other debt obligations guaranteed under this section for a
qualified infrastructure project shall not exceed 80 percent
of the total capital costs of the project, including interest
during construction.
(2) The principal amount of loans and other debt
obligations guaranteed under this section shall not exceed,
in the aggregate, $18,000,000,000, which amount shall be
indexed for United States dollar inflation from the date of
enactment of this Act, as measured by the Consumer Price
Index, except that the total amount of principal that may be
guaranteed for a qualified liquefied natural gas project may
not exceed a principal amount in which the cost of loan
guarantees, as defined by section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds
$2,000,000,000.
(d) Loan Terms and Fees.--(1) The Secretary may issue
Federal guarantee instruments under this section that take
into account repayment profiles and grace periods justified
by project cash flows and project-specific considerations.
The term of any loan guaranteed under this section shall not
exceed 30 years.
(2) An eligible lender may assess and collect from the
borrower such other fees and costs associated with the
application and origination of the loan or other debt
obligation as are reasonable and customary for a project
finance transaction in the oil and gas sector.
(e) Regulations.--The Secretary may issue regulations to
carry out this section.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to cover the
cost of loan guarantees under this section, as defined by
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)). Such sums shall remain available until
expended.
(g) Definitions.--In this section, the following
definitions apply:
(1) The term ``Consumer Price Index'' means the Consumer
Price Index for all-urban consumers, United States city
average, as published by the Bureau of Labor Statistics, or
if such index shall cease to be published, any successor
index or reasonable substitute thereof.
(2) The term ``eligible lender'' means any non-Federal
qualified institutional buyer (as defined by section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation), known as Rule 144A(a) of the
Securities and Exchange Commission and issued under the
Securities Act of 1933), including--
(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986 (26 U.S.C.
4974(c)) that is a qualified institutional buyer; and
(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is
a qualified institutional buyer.
(3) The term ``Federal guarantee instrument'' means any
guarantee or other pledge by the Secretary to pledge the full
faith and credit of the United States to pay all of the
principal and interest on any loan or other debt obligation
entered into by a holder of a certificate of public
convenience and necessity.
(4) The term ``qualified infrastructure project'' means an
Alaskan natural gas transportation project or system
consisting of the design, engineering, finance, construction,
and completion of pipelines and related transportation and
production systems (including gas treatment plants and
liquification plants and liquefied natural gas tankers for
transportation of liquefied natural gas from Southcentral
Alaska to the West Coast), and appurtenances thereto, that
are used to transport natural gas from the Alaska North Slope
to the continental United States.
______
SA 3375. Mr. VOINOVICH submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SECTION 1. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT
PREMIUMS.
(a) Authority To Continue Benefit Coverage.--Section 8905a
of title 5, United States Code is amended--
(1) in subsection (a), by striking ``paragraph (1) or (2)
of'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``and'' at the end;
(B) in paragraph (2)(C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(3) any employee who--
``(A) is enrolled in a health benefits plan under this
chapter;
``(B) is a member of a Reserve component of the armed
forces;
``(C) is called or ordered to active duty in support of a
contingency operation (as defined in section 101(a)(13) of
title 10);
``(D) is placed on leave without pay or separated from
service to perform active duty; and
``(E) serves on active duty for a period of more than 30
consecutive days.''; and
(3) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) in the case of an employee described in subsection
(b)(3), the date which is 24 months after the employee is
placed on leave without pay or separated from service to
perform active duty.''.
(b) Authority for Agencies To Pay Premiums.--Subparagraph
(C) of section 8906(e)(3) of such title is amended by
striking ``18 months'' and inserting ``24 months''.
(c) Effective Date.--The amendments made by this section
shall take effect on March 1, 2003.
______
SA 3376. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
On page 256, between lines 10 and 11, insert the following:
SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCH RANGES.
It is the sense of Congress that the Secretary of Defense
should provide support for, and continue the development,
certification, and deployment of portable range safety
systems that are capable of--
(1) reducing costs related to national security space
launches and launch infrastructure; and
(2) enhancing technical capabilities and operational safety
at the Eastern, Western, and other United States space launch
ranges.
______
SA 3377. Mr. KENNEDY (for himself, Mr. Leahy, Mr. Dayton, and Mr.
Feingold) submitted an amendment intended to be proposed by him to the
bill S. 2400, to authorize appropriations for fiscal year 2005 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 247, between lines 13 and 14, insert the following:
SEC. 1022. REPORT ON THE STABILIZATION OF IRAQ.
(a) Initial Report.--Not later than 30 days after the date
of the enactment of this Act, the President shall submit to
the congressional defense committees an unclassified report
(with classified annex, if necessary) on the strategy of the
United States for stabilizing Iraq. The report shall, at a
minimum, contain a detailed explanation of the strategy
together with the following information:
(1) A description of the efforts of the President to work
with the United Nations and the North Atlantic Treaty
Organization to assist the nearly 140,000 members of the
Armed Forces of the United States who were serving in Iraq as
of June 2004, including efforts to ensure that--
(A) more military forces of other countries are deployed to
Iraq;
(B) more police forces of other countries are deployed to
Iraq; and
(C) more financial resources of other countries are
provided for the stabilization and reconstruction of Iraq.
(2) As a result of such efforts--
(A) a list of the countries that have committed to
deploying military and police forces;
(B) with respect to each such country, the schedule and
level of such deployments;
(C) a list of the countries that have committed to
providing financial resources for
[[Page S6540]]
the stabilization and reconstruction of Iraq; and
(D) with respect to each country that has committed to
providing such financial resources, the level of, and the
schedule for providing, such assistance.
(3) A description of the efforts of the President to
develop the police and military forces of Iraq to assist the
nearly 140,000 members of the Armed Forces of the United
States who were serving in Iraq as of June 2004.
(4) As a result of such efforts--
(A) the number of members of the police and military forces
of Iraq that have been recruited;
(B) the number of members of the police and military forces
of Iraq that have been trained; and
(C) the number of members of the police and military forces
of Iraq that have been deployed.
(5) A description of the anticipated United States military
force posture in the region during the next year, including
an estimate of--
(A) the number of members of the Armed Forces that will be
required to serve in Iraq during the next year;
(B) the number of members of the Armed Forces that will be
serving in Iraq as of December 31, 2005; and
(C) the percentage of such forces that will be composed of
members of the National Guard and Reserves.
(6) A description of the efforts of the United States,
Coalition forces, and the people of Iraq to assist in the
reconstruction of essential infrastructure, including the oil
industry, electricity generation capabilities, roads,
schools, and hospitals, in Iraq.
(7) A description of the efforts of the United States,
Coalition forces, relevant international agencies, pro-
democracy organizations, and the people of Iraq to assist in
the development of political institutions and prepare for
democratic elections in Iraq.
(b) Updated Reports.--The President shall submit to the
congressional defense committees an unclassified report (with
classified annex, if necessary) that describes the strategy
of the United States for stabilizing Iraq and updates the
information required under subsection (a)--
(1) not later than 180 days after the date of the enactment
of this Act; and
(2) not later than one year after the date of the enactment
of this Act.
______
SA 3378. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment
intended to be proposed by him to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 296, between lines 14 and 15, insert the following:
TITLE XIII--FOREIGN ASSISTANCE AND ARMS EXPORT MATTERS
SEC. 1301. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE
ARTICLES IN THE WAR RESERVE STOCKPILES FOR
ALLIES TO ISRAEL.
(a) Transfers for Concessions.--
(1) Authority.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may
transfer to Israel, in exchange for concessions to be
negotiated by the Secretary of Defense, with the concurrence
of the Secretary of State, any or all of the items described
in paragraph (2).
(2) Covered items.--The items referred to in paragraph (1)
are armor, artillery, automatic weapons ammunition, missiles,
and other munitions that--
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of Defense;
(C) are intended for use as reserve stocks for Israel; and
(D) as of the date of enactment of this Act, are located in
a stockpile in Israel.
(b) Value of Concessions.--The value of concessions
negotiated pursuant to subsection (a) shall be at least equal
to the fair market value of the items transferred. The
concessions may include cash compensation, services, waiver
of charges otherwise payable by the United States, and other
items of value.
(c) Advance Notification of Transfers.--Not later than 30
days before making a transfer under the authority of this
section, the President shall transmit a notification of the
proposed transfer to the Committees on Foreign Relations and
Armed Services of the Senate and the Committees on
International Relations and Armed Services of the House of
Representatives. The notification shall identify the items to
be transferred and the concessions to be received.
(d) Expiration of Authority.--No transfer may be made under
the authority of this section more than 5 years after the
date of the enactment of this Act.
SEC. 1302. ADDITIONS TO WAR RESERVE STOCKPILES FOR ALLIES FOR
FISCAL YEARS 2004 AND 2005.
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321h(b)(2)) is amended--
(1) in subparagraph (A), by striking ``for fiscal year
2003'' and inserting ``for each of fiscal years 2004 and
2005''; and
(2) in subparagraph (B), by striking ``for fiscal year
2003'' and inserting ``for a fiscal year''.
SEC. 1303. THRESHOLDS FOR ADVANCE NOTICE TO CONGRESS OF SALES
OR UPGRADES OF DEFENSE ARTICLES, DESIGN AND
CONSTRUCTION SERVICES, AND MAJOR DEFENSE
EQUIPMENT.
(a) Letters of Offer To Sell.--Subsection (b) of section 36
of the Arms Export Control Act (22 U.S.C. 2776) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``Subject to paragraph (6), in'' and
inserting ``In'';
(B) by striking ``Act for $50,000,000'' and inserting ``Act
for $100,000,000'';
(C) by striking ``services for $200,000,000'' and inserting
``services for $350,000,000'';
(D) by striking ``$14,000,000'' and inserting
``$50,000,000''; and
(E) by inserting ``and in other cases if the President
determines it is appropriate,'' before ``before such
letter'';
(2) in the first sentence of paragraph (5)(C)--
(A) by striking ``Subject to paragraph (6), if'' and
inserting ``If'';
(B) by striking ``costs $14,000,000'' and inserting ``costs
$50,000,000'';
(C) by striking ``equipment, $50,000,000'' and inserting
``equipment, $100,000,000'';
(D) by striking ``or $200,000,000'' and inserting ``or
$350,000,000''; and
(E) by inserting ``and in other cases if the President
determines it is appropriate,'' before ``then the
President''; and
(3) by striking paragraph (6).
(b) Export Licenses.--Subsection (c) of section 36 of the
Arms Export Control Act (22 U.S.C. 2776) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``Subject to paragraph (5), in'' and
inserting ``In'';
(B) by striking ``$14,000,000'' and inserting
``$50,000,000'';
(C) by striking ``services sold under a contract in the
amount of $50,000,000'' and inserting ``services sold under a
contract in the amount of $100,000,000''; and
(D) by inserting ``and in other cases if the President
determines it is appropriate,'' before ``before issuing
such'';
(2) in the last sentence of paragraph (2), by striking
``(A) and (B)'' and inserting ``(A), (B), and (C)''; and
(3) by striking paragraph (5).
(c) Presidential Consent.--Section 3(d) of the Arms Export
Control Act (22 U.S.C. 2753(d)) is amended--
(1) in paragraphs (1) and (3)(A)--
(A) by striking ``Subject to paragraph (5), the'' and
inserting ``The'';
(B) by striking ``$14,000,000'' and inserting
``$50,000,000''; and
(C) by striking ``service valued (in terms of its original
acquisition cost) at $50,000,000'' and inserting ``service
valued (in terms of its original acquisition cost) at
$100,000,000''; and
(2) by striking paragraph (5).
SEC. 1304. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR
TRANSFERS OF DEFENSE ITEMS.
(a) Findings.--Congress makes the following findings:
(1) Close defense cooperation between the United States and
each of the United Kingdom and Australia requires
interoperability among the armed forces of those countries.
(2) The need for interoperability must be balanced with the
need for appropriate and effective regulation of trade in
defense items.
(3) The Arms Export Control Act (22 U.S.C. 2751 et seq.)
authorizes the executive branch to administer arms export
policies enacted by Congress in the exercise of its
constitutional power to regulate commerce with foreign
nations.
(4) The executive branch has exercised its authority under
the Arms Export Control Act, in part, through the
International Traffic in Arms Regulations.
(5) Agreements to gain exemption from the International
Traffic in Arms Regulations must be submitted to Congress for
review.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Defense items.--The term ``defense items'' has the
meaning given the term in section 38 of the Arms Export
Control Act (22 U.S.C. 2778).
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means the
regulations maintained under parts 120 through 130 of title
22, Code of Federal Regulations, and any successor
regulations.
(c) Exceptions From Bilateral Agreement Requirements.--
(1) In general.--Subsection (j) of section 38 of the Arms
Export Control Act (22 U.S.C. 2778) is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exceptions from bilateral agreement requirements.--
``(A) Australia.--Subject to the provisions of section 1304
of the National Defense Authorization Act for Fiscal Year
2005, the requirements for a bilateral agreement described in
paragraph (2)(A) shall not apply to a bilateral agreement
between the United States Government and the Government of
Australia with respect to transfers or changes in end use of
defense items within
[[Page S6541]]
Australia that will remain subject to the licensing
requirements of this Act after such agreement enters into
force.
``(B) United kingdom.--Subject to the provisions of section
1304 of the National Defense Authorization Act for Fiscal
Year 2005, the requirements for a bilateral agreement
described in paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii)
shall not apply to a bilateral agreement between the United
States Government and the Government of the United Kingdom
for an exemption from the licensing requirements of this
Act.''.
(2) Conforming amendment.--Paragraph (2) of such subsection
is amended in the matter preceding subparagraph (A) by
striking ``A bilateral agreement'' and inserting ``Except as
provided in paragraph (4), a bilateral agreement''.
(d) Certifications.--Not later than 30 days before
authorizing an exemption from the licensing requirements of
the International Traffic in Arms Regulations in accordance
with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export
Control Act (22 U.S.C. 2778(j)), as amended by subsection
(c), the President shall certify to the appropriate
congressional committees that such agreement--
(1) is in the national interest of the United States and
will not in any way affect the goals and policy of the United
States under section 1 of the Arms Export Control Act (22
U.S.C. 2751);
(2) does not adversely affect the efficacy of the
International Traffic in Arms Regulations to provide
consistent and adequate controls for licensed exports of
United States defense items; and
(3) will not adversely affect the duties or requirements of
the Secretary of State under the Arms Export Control Act.
(e) Notification of Bilateral Licensing Exemptions.--Not
later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms
Regulations in accordance with any bilateral agreement
entered into with the United Kingdom or Australia under
section 38(j) of the Arms Export Control Act (22 U.S.C.
2778(j)), as amended by subsection (c), the President shall
submit to the appropriate congressional committees the text
of the regulations that authorize such a licensing exemption.
(f) Report on Consultation Issues.--Not later than one year
after the date of the enactment of this Act and annually
thereafter for each of the following 5 years, the President
shall submit to the appropriate congressional committees a
report on issues raised during the previous year in
consultations conducted under the terms of any bilateral
agreement entered into with Australia under section 38(j) of
the Arms Export Control Act, or under the terms of any
bilateral agreement entered into with the United Kingdom
under such section, for exemption from the licensing
requirements of the Arms Export Control Act (22 U.S.C. 2751
et seq.). Each report shall contain--
(1) information on any notifications or consultations
between the United States and the United Kingdom under the
terms of any agreement with the United Kingdom, or between
the United States and Australia under the terms of any
agreement with Australia, concerning the modification,
deletion, or addition of defense items on the United States
Munitions List, the United Kingdom Military List, or the
Australian Defense and Strategic Goods List;
(2) a list of all United Kingdom or Australia persons and
entities that have been designated as qualified persons
eligible to receive United States origin defense items exempt
from the licensing requirements of the Arms Export Control
Act under the terms of such agreements, and listing any
modification, deletion, or addition to such lists, pursuant
to the requirements of any agreement with the United Kingdom
or any agreement with Australia;
(3) information on consultations or steps taken pursuant to
any agreement with the United Kingdom or any agreement with
Australia concerning cooperation and consultation with
either government on the effectiveness of the defense
trade control systems of such government;
(4) information on provisions and procedures undertaken
pursuant to--
(A) any agreement with the United Kingdom with respect to
the handling of United States origin defense items exempt
from the licensing requirements of the Arms Export Control
Act by persons and entities qualified to receive such items
in the United Kingdom; and
(B) any agreement with Australia with respect to the
handling of United States origin defense items exempt from
the licensing requirements of the Arms Export Control Act by
persons and entities qualified to receive such items in
Australia;
(5) information on any new understandings, including the
text of such understandings, between the United States and
the United Kingdom concerning retransfer of United States
origin defense items made pursuant to any agreement with the
United Kingdom to gain exemption from the licensing
requirements of the Arms Export Control Act;
(6) information on consultations with the Government of the
United Kingdom or the Government of Australia concerning the
legal enforcement of any such agreements;
(7) information on United States origin defense items with
respect to which the United States has provided an exception
under the Memorandum of Understanding between the United
States and the United Kingdom and any agreement between the
United States and Australia from the requirement for United
States Government re-export consent that was not provided for
under United States laws and regulations in effect on the
date of the enactment of this Act; and
(8) information on any significant concerns that have
arisen between the Government of Australia or the Government
of the United Kingdom and the United States Government
concerning any aspect of any bilateral agreement between such
country and the United States to gain exemption from the
licensing requirements of the Arms Export Control Act.
(g) Special Notifications.--
(1) Required notifications.--The Secretary of State shall
notify the appropriate congressional committees not later
than 90 days after receiving any credible information
regarding an unauthorized end-use or diversion of United
States exports of goods or services made pursuant to any
agreement with a country to gain exemption from the licensing
requirements of the Arms Export Control Act. The notification
shall be made in a manner that is consistent with any ongoing
efforts to investigate and commence civil actions or criminal
investigations or prosecutions regarding such matters and may
be made in classified or unclassified form.
(2) Content.--The notification regarding an unauthorized
end-use or diversion of goods or services under paragraph (1)
shall include--
(A) a description of the goods or services;
(B) the United States origin of the good or service;
(C) the authorized recipient of the good or service;
(D) a detailed description of the unauthorized end-use or
diversion, including any knowledge by the United States
exporter of such unauthorized end-use or diversion;
(E) any enforcement action taken by the Government of the
United States; and
(F) any enforcement action taken by the government of the
recipient nation.
SEC. 1305. AUTHORITY TO PROVIDE CATALOGING DATA AND SERVICES
TO NON-NATO COUNTRIES.
Section 21(h)(2) of the Arms Export Control Act (22 U.S.C.
2761(h)(2)) is amended by striking ``to the North Atlantic
Treaty Organization or to any member government of that
Organization if that Organization or member government'' and
inserting ``to the North Atlantic Treaty Organization, to any
member government of that Organization, or to the government
of any other country if that Organization, member government,
or other government''.
SEC. 1306. FREEDOM SUPPORT ACT PERMANENT WAIVER AUTHORITY.
(a) Authority To Waive Restrictions and Eligibility
Requirements.--If the President submits the certification and
report described in subsection (b) with respect to an
independent state of the former Soviet Union for a fiscal
year, funds may be obligated and expended during that fiscal
year under sections 503 and 504 of the FREEDOM Support Act
(22 U.S.C. 5853 and 5854) for assistance or other programs
and activities for that state even if that state has not met
one or more of the requirements for eligibility under
paragraphs (1) through (4) of section 502 of such Act (22
U.S.C. 5852).
(b) Certification and Report.--
(1) In general.--The certification and report referred to
in subsection (a) are a written certification submitted by
the President to Congress that the waiver of the restriction
under such section 502 and the requirements in that section
during the fiscal year covered by such certification is
important to the national security interests of the United
States, together with a report containing the following:
(A) A description of the activity or activities that
prevent the President from certifying that the state is
committed to the matters set forth in the provisions of law
specified in subsection (a) in such fiscal year.
(B) An explanation of why the waiver is important to the
national security interests of the United States.
(C) A description of the strategy, plan, or policy of the
President for promoting the commitment of the state to, and
compliance by the state with, such matters, notwithstanding
the waiver.
(2) Form of report.--A report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1307. MARKETING INFORMATION FOR COMMERCIAL
COMMUNICATIONS SATELLITES.
(a) In General.--A license shall not be required under
section 38 of the Arms Export Control Act (22 U.S.C. 2778)
for the transfer of marketing information for the purpose of
providing information directly related to the sale of
commercial communications satellites and related parts to a
member country of the North Atlantic Treaty Organization
(NATO) and Australia, Japan, and New Zealand.
(b) Marketing Information.--In this section, the term
``marketing information'' means data that a seller must
provide to a potential customer (including a foreign end-
user) that will enable the customer to make a purchase
decision to award a contract for goods or services, including
system description, functional information, price and
schedule information, information required for installation,
operation, maintenance, and
[[Page S6542]]
repair, and includes that level of data necessary to ensure
safe use of the product, but does not include sensitive
encryption and source code data, detailed design data,
engineering analysis, or manufacturing know-how.
(c) Exception.--Nothing in this section shall exempt
commercial communications satellites from any licensing
requirement under section 38 of the Arms Export Control Act
(22 U.S.C. 2778) for defense items and defense services,
except as described in subsection (a).
SEC. 1308. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES.
(a) Authority To Transfer by Grant.--The Secretary of the
Navy is authorized to transfer vessels to foreign countries
on a grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Chile.--To the Government of Chile, the SPRUANCE class
destroyer O'BANNON (DD 987).
(2) Portugal.--To the Government of Portugal, the OLIVER
HAZARD PERRY class guided missile frigate GEORGE PHILIP (FFG
12).
(b) Authority To Transfer by Sale.--The Secretary of the
Navy is authorized to transfer on a sale basis under section
21 of the Arms Export Control Act (22 U.S.C. 2761) to the
Taipei Economic and Cultural Representative Office in the
United States (which is the Taiwan instrumentality designated
pursuant to section 10(a) of the Taiwan Relations Act) the
ANCHORAGE class dock landing ship ANCHORAGE (LSD 36).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis under section 516 of the
Foreign Assistance Act of 1961 pursuant to authority provided
by subsection (a) shall not be counted for the purposes of
subsection (g) of that section in the aggregate value of
excess defense articles transferred to countries under that
section in any fiscal year.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient (notwithstanding
section 516(e)(1) of the Foreign Assistance Act of 1961 in
the case of a transfer authorized to be made on a grant basis
under subsection (a)).
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the country to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United
States, including a United States Navy shipyard.
(f) Expiration of Authority.-- The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this
Act.
SEC. 1309. ADDITIONAL INFORMATION IN CERTIFICATIONS BY THE
PRESIDENT WITH RESPECT TO APPLICATIONS FOR
LICENSES FOR THE EXPORT OF DEFENSE ARTICLES OR
DEFENSE SERVICES SOLD UNDER A CONTRACT.
Section 36(c)(1) of the Arms Export Control Act (22 U.S.C.
2776(c)(1)) is amended by striking ``and (C) a description of
the items to be exported'' and inserting ``(C) a description
of the items to be exported, and (D) the date on which the
contract was signed and the identities of the parties to the
contract''.
______
SA 3379. Mr. BIDEN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle A of title X, add the following:
Sec. __. (a) Provision of Funds for Security and
Stabilization of Iraq Through Partial Suspension of Reduction
in Highest Income Tax Rate for Individual Taxpayers.--The
table contained in paragraph (2) of section 1(i) of the
Internal Revenue Code of 1986 (relating to (relating to
reductions in rates after June 30, 2001) is amended to read
as follows:
----------------------------------------------------------------------------------------------------------------
The corresponding percentages shall be substituted for
``In the case of taxable years beginning the following percentages:
during calendar year: -------------------------------------------------------
28% 31% 36% 39.6%
----------------------------------------------------------------------------------------------------
2001........................................ 27.5% 30.5% 35.5% 39.1%
2002........................................ 27.0% 30.0% 35.0% 38.6%
2003 and 2004............................... 25.0% 28.0% 33.0% 35.0%
2005 and thereafter......................... 25.0% 28.0% 33.0% 36.0%''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2004.
(c) Application of EGTRRA Sunset to This Section.--The
amendment made by this section shall be subject to title IX
of the Economic Growth and Tax Relief Reconciliation Act of
2001 to the same extent and in the same manner as the
provision of such Act to which such amendment relates.
______
SA 3380. Mr. BIDEN (for himself and Mr. Carper) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 61, line 12, strike ``106,800'' and insert
``106,842''.
On page 62, line 24, strike ``12,253'' and insert
``12,271''.
On page 65, line 7, strike ``$104,535,458,000'' and insert
``$104,538,108,000''.
On page 36, line 7, strike ``$4,366,738,000'' and insert
``4,367,985,000''.
______
SA 3381. Mr. BIDEN (for himself and Mr. Carper) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 61, line 12, strike ``106,800'' and insert
``106,842''.
On page 62, line 24, strike ``12,253'' and insert
``12,271''.
______
SA 3382. Ms. CANTWELL (for herself and Mrs. Murray) submitted an
amendment intended to be proposed by her to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 372, after line 17, insert the following:
SEC. 2844. LIMITATIONS ON CONVEYANCE OF NAVY PROPERTY AT
DISCOVERY PARK, SEATTLE, WASHINGTON.
(a) Prohibition on Conveyance Through Housing Privatization
Initiative.--The Secretary of the Navy may not convey the
Navy property at Discovery Park pursuant to the authority in
section 2878 of title 10, United States Code, or any other
authority under the alternative authority for the acquisition
and improvement of military housing under subchapter IV of
chapter 169 of such title.
(b) Conveyance for Public Parks Purposes.--(1) If the
Secretary determines that the Navy property at Discovery Park
is excess property of the Department of the Navy, the Navy
property at Discovery Park may be disposed of only through
the authority provided under paragraph (2) for the conveyance
of such property.
(2) The Secretary may convey, without consideration, to the
State of Washington or the City of Seattle, Washington, all
right, title, and interest of the United States in and to the
Navy property at Discovery Park, for the purpose of
establishing, expanding, or improving a public park or
recreation area.
[[Page S6543]]
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (b) shall be determined by a survey or surveys
satisfactory to the Secretary.
(d) Responsibility for Environmental Cleanup.--The
Secretary shall retain liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), and any other applicable
environmental statute or regulation, for any environmental
hazard on the property conveyed under subsection (b) as of
the date of the conveyance under that subsection.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (b) as the Secretary
considers appropriate to protect the interests of the United
States.
(f) Definitions.--In this section:
(1) The term ``Navy property at Discovery Park'' means the
following parcels of real property, together with any
improvements thereon, located within the boundary of
Discovery Park, Seattle, Washington:
(A) The parcel consisting of approximately 23.91 acres
known as the Capehart Housing Complex.
(B) The parcel consisting of approximately 3.47 acres
located at Montana Circle.
(C) The parcel consisting of approximately 3.76 acres
located at Washington Avenue North.
(D) The parcel consisting of approximately 1.93 acres
located at Washington Avenue South.
(2) The term ``excess property'' has the meaning given such
term in section 102 of title 40, United States Code.
______
SA 3383. Mr. BOND (for himself, Mr. Harkin, and Mr. Talent) submitted
an amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXXI, insert the
following:
SEC. 3146. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS
PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT
UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Energy workers at the former Mallinkrodt facilities
(including the St. Louis downtown facility and the Weldon
Springs facility) were exposed to levels of radionuclides and
radioactive materials that were much greater than the current
maximum allowable Federal standards.
(2) The Mallinkrodt workers at the St. Louis site were
exposed to excessive levels of airborne uranium dust relative
to the standards in effect during the time, and many workers
were exposed to 200 times the preferred levels of exposure.
(3)(A) The chief safety officer for the Atomic Energy
Commission during the Mallinkrodt-St. Louis operations
described the facility as 1 of the 2 worst plants with
respect to worker exposures.
(B) Workers were excreting in excess of a milligram of
uranium per day causing kidney damage.
(C) A recent epidemiological study found excess levels of
nephritis and kidney cancer from inhalation of uranium dusts.
(4) The Department of Energy has admitted that those
Mallinkrodt workers were subjected to risks and had their
health endangered as a result of working with these highly
radioactive materials.
(5) The Department of Energy reported that workers at the
Weldon Springs feed materials plant handled plutonium and
recycled uranium, which are highly radioactive.
(6) The National Institute of Occupational Safety and
Health admits that--
(A) the operations at the St. Louis downtown site consisted
of intense periods of processing extremely high levels of
radionuclides; and
(B) the Institute has virtually no personal monitoring data
for Mallinkrodt workers prior to 1948.
(7) The National Institute of Occupational Safety and
Health has informed claimants and their survivors at those 3
Mallinkrodt sites that if they are not interviewed as a part
of the dose reconstruction process, it--
(A) would hinder the ability of the Institute to conduct
dose reconstruction for the claimant; and
(B) may result in a dose reconstruction that incompletely
or inaccurately estimates the radiation dose to which the
energy employee named in the claim had been exposed.
(8) Energy workers at the Iowa Army Ammunition Plant (also
known as the Burlington Atomic Energy Commission Plant and
the Iowa Ordnance Plant) between 1947 and 1975 were exposed
to levels of radionuclides and radioactive material,
including enriched uranium, plutonium, tritium, and depleted
uranium, in addition to beryllium and photon radiation, that
are greater than the current maximum Federal standards for
exposure.
(9) According to the National Institute of Occupational
Safety and Health--
(A) between 1947 and 1975, no records, including bioassays
or air samples, have been located that indicate any
monitoring occurred of internal doses of radiation to which
workers described in paragraph (8) were exposed;
(B) between 1947 and 1955, no records, including dosimetry
badges, have been located to indicate that any monitoring
occurred of the external doses of radiation to which such
workers were exposed;
(C) between 1955 and 1962, records indicate that only 8 to
23 workers in a workforce of over 1,000 were monitored for
external radiation doses; and
(D) between 1970 and 1975, the high point of screening at
the Iowa Army Ammunition Plant, only 25 percent of the
workforce was screened for exposure to external radiation.
(10) The Department of Health and Human Services published
the first notice of proposed rulemaking concerning the
Special Exposure Cohort on June 25, 2002, and as of May 13,
2004, the rule has yet to be finalized.
(11) Many of those former workers have died while waiting
for the proposed rule to be finalized, including some
claimants who were waiting for dose reconstruction to be
completed.
(12) Because of the aforementioned reasons, including the
serious lack of records and the death of many potential
claimants, it is not feasible to conduct valid dose
reconstructions for the Iowa Army Ammunition Plant facility
or the Mallinkrodt facilities.
(b) Inclusion of Certain Former Workers in Cohort.--Section
3621(14) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (title XXXVI of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398); 42 U.S.C.
7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Subject to the provisions of section 3612A, the
employee was so employed for a number of work days
aggregating at least 45 workdays at a facility operated under
contract to the Department of Energy by Mallinkrodt
Incorporated or its successors (including the St. Louis
downtown or `Destrahan' facility during any of calendar years
1942 through 1958 and the Weldon Springs feed materials plant
facility during any of calendar years 1958 through 1966), or
at a facility operated by the Department of Energy or under
contract by Mason & Hangar-Silas Mason Company at the Iowa
Army Ammunition Plant (also known as the Burlington Atomic
Energy Commission Plant and the Iowa Ordnance Plant) during
any of the calendar years 1947 through 1975, and during the
employment--
``(i)(I) was monitored through the use of dosimetry badges
for exposure at the plant of the external parts of an
employee's body to radiation; or
``(II) was monitored through the use of bioassays, in vivo
monitoring, or breath samples for exposure at the plant to
internal radiation; or
``(ii) worked in a job that had exposures comparable to a
job that is monitored, or should have been monitored, under
standards of the Department of Energy in effect on the date
of enactment of this subparagraph through the use of
dosimetry badges for monitoring external radiation exposures,
or bioassays, in vivo monitoring, or breath samples for
internal radiation exposures, at a facility.''.
(c) Funding of Compensation and Benefits.--(1) Such Act is
further amended by inserting after section 3612 the following
new section:
``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR
CERTAIN MEMBERS OF THE SPECIAL EXPOSURE COHORT.
``(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Department of Labor for
each fiscal year after fiscal year 2004 such sums as may be
necessary for the provision of compensation and benefits
under the compensation program for members of the Special
Exposure Cohort described in section 3621(14)(C) in such
fiscal year.
``(b) Prohibition on Use for Administrative Costs.--(1) No
amount authorized to be appropriated by subsection (a) may be
utilized for purposes of carrying out the compensation
program for the members of the Special Exposure Cohort
referred to in that subsection or administering the amount
authorized to be appropriated by subsection (a).
``(2) Amounts for purposes described in paragraph (1) shall
be derived from amounts authorized to be appropriated by
section 3614(a).
``(c) Provision of Compensation and Benefits Subject to
Appropriations Acts.--The provision of compensation and
benefits under the compensation program for members of the
Special Exposure Cohort referred to in subsection (a) in any
fiscal year shall be subject to the availability of
appropriations for that purpose for such fiscal year and to
applicable provisions of appropriations Acts.''.
(2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is
amended--
(A) by inserting ``(1)'' before ``Subject''; and
(B) by adding at the end the following new paragraph:
[[Page S6544]]
``(2) Amounts for the provision of compensation and
benefits under the compensation program for members of the
Special Exposure Cohort described in section 3621(14)(C)
shall be derived from amounts authorized to be appropriated
by section 3612A(a).''.
______
SA 3384. Mr. BOND (for himself, Mr. Harkin, and Mr. Talent) submitted
an amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXXI, insert the
following:
SEC. 3146. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS
PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT
UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Energy workers at the former Mallinkrodt facilities
(including the St. Louis downtown facility and the Weldon
Springs facility) were exposed to levels of radionuclides and
radioactive materials that were much greater than the current
maximum allowable Federal standards.
(2) The Mallinkrodt workers at the St. Louis site were
exposed to excessive levels of airborne uranium dust relative
to the standards in effect during the time, and many workers
were exposed to 200 times the preferred levels of exposure.
(3)(A) The chief safety officer for the Atomic Energy
Commission during the Mallinkrodt-St. Louis operations
described the facility as 1 of the 2 worst plants with
respect to worker exposures.
(B) Workers were excreting in excess of a milligram of
uranium per day causing kidney damage.
(C) A recent epidemiological study found excess levels of
nephritis and kidney cancer from inhalation of uranium dusts.
(4) The Department of Energy has admitted that those
Mallinkrodt workers were subjected to risks and had their
health endangered as a result of working with these highly
radioactive materials.
(5) The Department of Energy reported that workers at the
Weldon Springs feed materials plant handled plutonium and
recycled uranium, which are highly radioactive.
(6) The National Institute of Occupational Safety and
Health admits that--
(A) the operations at the St. Louis downtown site consisted
of intense periods of processing extremely high levels of
radionuclides; and
(B) the Institute has virtually no personal monitoring data
for Mallinkrodt workers prior to 1948.
(7) The National Institute of Occupational Safety and
Health has informed claimants and their survivors at those 3
Mallinkrodt sites that if they are not interviewed as a part
of the dose reconstruction process, it--
(A) would hinder the ability of the Institute to conduct
dose reconstruction for the claimant; and
(B) may result in a dose reconstruction that incompletely
or inaccurately estimates the radiation dose to which the
energy employee named in the claim had been exposed.
(8) Energy workers at the Iowa Army Ammunition Plant (also
known as the Burlington Atomic Energy Commission Plant and
the Iowa Ordnance Plant) between 1947 and 1975 were exposed
to levels of radionuclides and radioactive material,
including enriched uranium, plutonium, tritium, and depleted
uranium, in addition to beryllium and photon radiation, that
are greater than the current maximum Federal standards for
exposure.
(9) According to the National Institute of Occupational
Safety and Health--
(A) between 1947 and 1975, no records, including bioassays
or air samples, have been located that indicate any
monitoring occurred of internal doses of radiation to which
workers described in paragraph (8) were exposed;
(B) between 1947 and 1955, no records, including dosimetry
badges, have been located to indicate that any monitoring
occurred of the external doses of radiation to which such
workers were exposed;
(C) between 1955 and 1962, records indicate that only 8 to
23 workers in a workforce of over 1,000 were monitored for
external radiation doses; and
(D) between 1970 and 1975, the high point of screening at
the Iowa Army Ammunition Plant, only 25 percent of the
workforce was screened for exposure to external radiation.
(10) The Department of Health and Human Services published
the first notice of proposed rulemaking concerning the
Special Exposure Cohort on June 25, 2002, and as of May 13,
2004, the rule has yet to be finalized.
(11) Many of those former workers have died while waiting
for the proposed rule to be finalized, including some
claimants who were waiting for dose reconstruction to be
completed.
(12) Because of the aforementioned reasons, including the
serious lack of records and the death of many potential
claimants, it is not feasible to conduct valid dose
reconstructions for the Iowa Army Ammunition Plant facility
or the Mallinkrodt facilities.
(b) Inclusion of Certain Former Workers in Cohort.--Section
3621(14) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (title XXXVI of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398); 42 U.S.C.
7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Subject to the provisions of section 3612A, the
employee was so employed for a number of work days
aggregating at least 45 workdays at a facility operated under
contract to the Department of Energy by Mallinkrodt
Incorporated or its successors (including the St. Louis
downtown or `Destrahan' facility during any of calendar years
1942 through 1958 and the Weldon Springs feed materials plant
facility during any of calendar years 1958 through 1966), or
at a facility operated by the Department of Energy or under
contract by Mason & Hangar-Silas Mason Company at the Iowa
Army Ammunition Plant (also known as the Burlington Atomic
Energy Commission Plant and the Iowa Ordnance Plant) during
any of the calendar years 1947 through 1975, and during the
employment--
``(i)(I) was monitored through the use of dosimetry badges
for exposure at the plant of the external parts of an
employee's body to radiation; or
``(II) was monitored through the use of bioassays, in vivo
monitoring, or breath samples for exposure at the plant to
internal radiation; or
``(ii) worked in a job that had exposures comparable to a
job that is monitored, or should have been monitored, under
standards of the Department of Energy in effect on the date
of enactment of this subparagraph through the use of
dosimetry badges for monitoring external radiation exposures,
or bioassays, in vivo monitoring, or breath samples for
internal radiation exposures, at a facility.''.
(c) Funding of Compensation and Benefits.--(1) Such Act is
further amended by inserting after section 3612 the following
new section:
``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR
CERTAIN MEMBERS OF THE SPECIAL EXPOSURE COHORT.
``(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Department of Labor for
each fiscal year after fiscal year 2004 such sums as may be
necessary for the provision of compensation and benefits
under the compensation program for members of the Special
Exposure Cohort described in section 3621(14)(C) in such
fiscal year.
``(b) Prohibition on Use for Administrative Costs.--(1) No
amount authorized to be appropriated by subsection (a) may be
utilized for purposes of carrying out the compensation
program for the members of the Special Exposure Cohort
referred to in that subsection or administering the amount
authorized to be appropriated by subsection (a).
``(2) Amounts for purposes described in paragraph (1) shall
be derived from amounts authorized to be appropriated by
section 3614(a).
``(c) Provision of Compensation and Benefits Subject to
Appropriations Acts.--The provision of compensation and
benefits under the compensation program for members of the
Special Exposure Cohort referred to in subsection (a) in any
fiscal year shall be subject to the availability of
appropriations for that purpose for such fiscal year and to
applicable provisions of appropriations Acts.''.
(2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is
amended--
(A) by inserting ``(1)'' before ``Subject''; and
(B) by adding at the end the following new paragraph:
``(2) Amounts for the provision of compensation and
benefits under the compensation program for members of the
Special Exposure Cohort described in section 3621(14)(C)
shall be derived from amounts authorized to be appropriated
by section 3612A(a).''.
On page 373, line 18, strike ``$6,674,898,000'' and insert
``6,494,898,000''.
______
SA 3385. Mr. INHOFE (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 163, between lines 19 and 20, insert the following:
``(c) Inapplicability to Contracts for Certain Services.--
This section does not apply to procurements of the following
services:
``(1) Printing, binding, or blank-book work to which
section 502 of title 44 applies.
``(2) Services available under the FEDLINK program pursuant
to section 103 of the Library of Congress Fiscal Operations
Improvement Act of 2000 (Public Law 106-481; 114 Stat. 2187;
2 U.S.C. 182c).
[[Page S6545]]
______
SA 3386. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle F of title X, insert the following:
SEC. 1055. HUMANE TREATMENT OF DETAINEES.
(a) Findings.--Congress makes the following findings:
(1) After World War II, the United States and its allies
created a new international legal order based on respect for
human rights. One of its fundamental tenets was a universal
prohibition on torture and ill treatment.
(2) On June 26, 2003, the International Day in Support of
Victims of Torture, President George W. Bush stated, ``The
United States is committed to the world-wide elimination of
torture and we are leading this fight by example. I call on
all governments to join with the United States and the
community of law-abiding nations in prohibiting,
investigating, and prosecuting all acts of torture and in
undertaking to prevent other cruel and unusual punishment.''.
(3) The United States is a party to the Geneva Conventions,
which prohibit torture, cruel treatment, or outrages upon
personal dignity, in particular, humiliating and degrading
treatment, during armed conflict.
(4) The United States is a party to 2 treaties that
prohibit torture and cruel, inhuman, or degrading treatment
or punishment, as follows:
(A) The International Covenant on Civil and Political
Rights, done at New York December 16, 1966.
(B) The Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, done at New York
December 10, 1984.
(5) The United States filed reservations to the treaties
described in subparagraphs (A) and (B) of paragraph (4)
stating that the United States considers itself bound to
prevent ``cruel, inhuman or degrading treatment or
punishment'' to the extent that phrase means the cruel,
unusual, and inhumane treatment or punishment prohibited by
the 5th amendment, 8th amendment, or 14th amendment to the
Constitution.
(6) Army Regulation 190-8 entitled ``Enemy Prisoners of
War, Retained Personnel, Civilian Internees and Other
Detainees'' provides that ``Inhumane treatment is a serious
and punishable violation under international law and the
Uniform Code of Military Justice (UCMJ). . . . All prisoners
will receive humane treatment without regard to race,
nationality, religion, political opinion, sex, or other
criteria. The following acts are prohibited: murder, torture,
corporal punishment, mutilation, the taking of hostages,
sensory deprivation, collective punishments, execution
without trial by proper authority, and all cruel and
degrading treatment. . . . All persons will be respected as
human beings. They will be protected against all acts of
violence to include rape, forced prostitution, assault and
theft, insults, public curiosity, bodily injury, and
reprisals of any kind. . . . This list is not exclusive.''.
(7) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``acts of violence or
intimidation, including physical or mental torture, threats,
insults, or exposure to inhumane treatment as a means of or
an aid to interrogation'' are ``illegal''. Such Manual
defines ``infliction of pain through . . . bondage (other
than legitimate use of restraints to prevent escape)'',
``forcing an individual to stand, sit, or kneel in abnormal
positions for prolonged periods of time'', ``food
deprivation'', and ``any form of beating'' as ``physical
torture'', defines ``abnormal sleep deprivation'' as ``mental
torture'', and prohibits the use of such tactics under any
circumstances.
(8) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``Use of torture and other
illegal methods is a poor technique that yields unreliable
results, may damage subsequent collection efforts, and can
induce the source to say what he thinks the interrogator
wants to hear. Revelation of use of torture by U.S. personnel
will bring discredit upon the U.S. and its armed forces while
undermining domestic and international support for the war
effort. It may also place U.S. and allied personnel in enemy
hands at a greater risk of abuse by their captors.''.
(b) Prohibition on Torture or Cruel, Inhuman, or Degrading
Treatment or Punishment.--(1) No person in the custody or
under the physical control of the United States shall be
subject to torture or cruel, inhuman, or degrading treatment
or punishment that is prohibited by the Constitution, laws,
or treaties of the United States.
(2) Nothing in this section shall affect the status of any
person under the Geneva Conventions or whether any person is
entitled to the protections of the Geneva Conventions.
(c) Rules, Regulations, and Guidelines.--(1) Not later than
180 days after the date of enactment of this Act, the
Secretary shall prescribe the rules, regulations, or
guidelines necessary to ensure compliance with the
prohibition in subsection (b)(1) by the members of the United
States Armed Forces and by any person providing services to
the Department of Defense on a contract basis.
(2) The Secretary shall submit to the congressional defense
committees the rules, regulations, or guidelines prescribed
under paragraph (1), and any modifications to such rules,
regulations, or guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(d) Report to Congress.--(1) The Secretary shall submit, on
a timely basis and not less than twice each year, a report to
Congress on the circumstances surrounding any investigation
of a possible violation of the prohibition in subsection
(b)(1) by a member of the Armed Forces or by a person
providing services to the Department of Defense on a contract
basis.
(2) A report required under paragraph (1) shall be
submitted in a manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the
prohibition in subsection (b)(1).
(e) Definitions.--In this section:
(1) The term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the 5th amendment, 8th amendment,
or 14th amendment to the Constitution.
(2) The term ``Geneva Conventions'' means--
(A) the Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the Condition of
the Wounded, Sick, and Shipwrecked Members of Armed Forces at
Sea, done at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treatment of Prisoners
of War, done at Geneva August 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (6 UST
3516).
(3) The term ``Secretary'' means the Secretary of Defense.
(4) The term ``torture'' has the meaning given that term in
section 2340 of title 18, United States Code.
______
SA 3387. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
treatment of foreign prisoners
Sec. . Policy.--(a)(1) It is the policy of the United
States to treat all foreign persons captured, detained,
interned or otherwise held in custody of the United States
(hereinafter ``prisoners'') humanely and in accordance with
standards that the United States would consider legal if
perpetrated by the enemy against an American prisoner.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and
in peacetime by the legal prohibition against torture, cruel,
inhuman or degrading treatment.
(3) If there is any doubt as to whether prisoners are
entitled to the protections afforded by the Geneva
Conventions, such prisoners shall enjoy the protections of
the Geneva Conventions until such time as their status can be
determined pursuant to the procedures authorized by Army
Regulation 190-8, Section 1-6.
(4) It is the policy of the United States to expeditiously
prosecute cases of terrorism or other criminal acts alleged
to have been committed by prisoners in the custody of the
United States Armed Forces at Guantanamo Bay, Cuba, in order
to avoid the indefinite detention of prisoners, which is
contrary to the legal principles and security interests of
the United States.
(b) Reporting.--The Department of Defense shall submit to
the appropriate congressional committees:
(1) A quarterly report providing the number of prisoners
who were denied Prisoner of War (POW) status under the Geneva
Conventions and the basis for denying POW status to each such
prisoner.
(2) A report setting forth: (A) the proposed schedule for
military commissions to be held at Guantanamo Bay, Cuba; and
(B) the number of individuals currently held at Guantanamo
Bay, Cuba, the number of such individuals who are unlikely to
face a military commission in the next six months, and the
reason(s) for not bringing such individuals before a military
commission.
(3) All International Committee of the Red Cross reports,
completed prior to the enactment of this Act, concerning the
treatment of prisoners in United States custody at Guantanamo
Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be
provided, in classified form, not later than 15 days after
enactment of this Act.
[[Page S6546]]
(4) A report setting forth all prisoner interrogation
techniques approved by officials of the United States.
(c) Annual Training Requirement.--The Department of Defense
shall certify that all federal employees and civilian
contractors engaged in the handling and/or interrogating of
prisoners have fulfilled an annual training requirement on
the laws of war, the Geneva Conventions and the obligations
of the United States under international humanitarian law.
______
SA 3388. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
(a) Inspector General Reports.--The Inspector General of
the Department of Defense, in consultation with the Inspector
General of the Department of State and the Inspector General
of the Central Intelligence Agency, shall conduct an inquiry
into the programs and activities of the Iraqi National
Congress (INC) and submit a report, which may include a
classified annex, to the appropriate Congressional Committees
no later than 60 days after enactment of this Act and every
180 days thereafter until September 30, 2005.
(b) Contents of Reports.-- The reports shall include the
following information:
(1) The total amount of funding the INC received from the
Department of State and the Department of Defense;
(2) A description of the uses of these funds, including an
assessment of whether they were used for purposes
inconsistent with Section 540 of Division D of Public Law
108-199 and similar provisions of law;
(3) The total amount of funds the Department of State
Inspector General or any other appropriate entity of the
United States Government has determined the INC owes the
United States and a description of the measures the United
States Government has taken to collect these funds;
(4) A description of the activities and responsibilities
pertaining to each INC office that was or currently is
supported by United States Government funds;
(5) A description of INC activities concerning broadcasting
and an assessment of the efficacy of these activities in
building support for the efforts of the United States inside
Iraq;
(6) A description of the INC's Information Collection
Program (ICP) and an assessment of the value of the
information collected by the ICP prior to May 1, 2003,
including any efforts to pass along intelligence to the
United States Government that has subsequently been
determined to be inaccurate or deceptive;
(7) A comprehensive list of senior United States Government
officials in the Department of State, Department of Defense,
National Security Council, Office of the Vice President, and
White House who met with representatives of the INC or were
recipients of information derived from the ICP;
(8) A comprehensive list of senior United States Government
officials in the Department of State Department of Defense,
National Security Council, Office of the Vice President, and
White House who were involved with policy decisions
concerning the INC;
(9) A description of efforts the United States Government
is taking to bring to justice any individuals associated with
the INC who violated United States laws concerning the use of
intelligence information or the use of United States
Government funds;
(10) An assessment concerning whether the efforts mentioned
in subsection (b)(9) are adequate; and
(11) Any other issues the Inspector General of the
Department of Defense, the Inspector General of the
Department of State, or the Inspector General of the Central
Intelligence Agency believes are relevant to a comprehensive
inquiry of the activities of the INC.
(c) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Armed Services of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Armed Services of
the House of Representatives, and the Committee on
International Relations of the House of Representatives.
______
SA 3293. Mr. HARKIN (for himself and Mr. Bond) submitted an amendment
intended to be proposed by him to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXXI, insert the
following:
SEC. 3146. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS
PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT
UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Energy workers at the former Mallinkrodt facilities
(including the St. Louis downtown facility and the Weldon
Springs facility) were exposed to levels of radionuclides and
radioactive materials that were much greater than the current
maximum allowable Federal standards.
(2) The Mallinkrodt workers at the St. Louis site were
exposed to excessive levels of airborne uranium dust relative
to the standards in effect during the time, and many workers
were exposed to 200 times the preferred levels of exposure.
(3)(A) The chief safety officer for the Atomic Energy
Commission during the Mallinkrodt-St. Louis operations
described the facility as 1 of the 2 worst plants with
respect to worker exposures.
(B) Workers were excreting in excess of a milligram of
uranium per day causing kidney damage.
(C) A recent epidemiological study found excess levels of
nephritis and kidney cancer from inhalation of uranium dusts.
(4) The Department of Energy has admitted that those
Mallinkrodt workers were subjected to risks and had their
health endangered as a result of working with these highly
radioactive materials.
(5) The Department of Energy reported that workers at the
Weldon Springs feed materials plant handled plutonium and
recycled uranium, which are highly radioactive.
(6) The National Institute of Occupational Safety and
Health admits that--
(A) the operations at the St. Louis downtown site consisted
of intense periods of processing extremely high levels of
radionuclides; and
(B) the Institute has virtually no personal monitoring data
for Mallinkrodt workers prior to 1948.
(7) The National Institute of Occupational Safety and
Health has informed claimants and their survivors at those 3
Mallinkrodt sites that if they are not interviewed as a part
of the dose reconstruction process, it--
(A) would hinder the ability of the Institute to conduct
dose reconstruction for the claimant; and
(B) may result in a dose reconstruction that incompletely
or inaccurately estimates the radiation dose to which the
energy employee named in the claim had been exposed.
(8) Energy workers at the Iowa Army Ammunition Plant (also
known as the Burlington Atomic Energy Commission Plant and
the Iowa Ordnance Plant) between 1947 and 1975 were exposed
to levels of radionuclides and radioactive material,
including enriched uranium, plutonium, tritium, and depleted
uranium, in addition to beryllium and photon radiation, that
are greater than the current maximum Federal standards for
exposure.
(9) According to the National Institute of Occupational
Safety and Health--
(A) between 1947 and 1975, no records, including bioassays
or air samples, have been located that indicate any
monitoring occurred of internal doses of radiation to which
workers described in paragraph (8) were exposed;
(B) between 1947 and 1955, no records, including dosimetry
badges, have been located to indicate that any monitoring
occurred of the external doses of radiation to which such
workers were exposed;
(C) between 1955 and 1962, records indicate that only 8 to
23 workers in a workforce of over 1,000 were monitored for
external radiation doses; and
(D) between 1970 and 1975, the high point of screening at
the Iowa Army Ammunition Plant, only 25 percent of the
workforce was screened for exposure to external radiation.
(10) The Department of Health and Human Services published
the first notice of proposed rulemaking concerning the
Special Exposure Cohort on June 25, 2002, and as of May 13,
2004, the rule has yet to be finalized.
(11) Many of those former workers have died while waiting
for the proposed rule to be finalized, including some
claimants who were waiting for dose reconstruction to be
completed.
(12) Because of the aforementioned reasons, including the
serious lack of records and the death of many potential
claimants, it is not feasible to conduct valid dose
reconstructions for the Iowa Army Ammunition Plant facility
or the Mallinkrodt facilities.
(b) Inclusion of Certain Former Workers in Cohort.--Section
3621(14) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (title XXXVI of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398); 42 U.S.C.
7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) The employee was so employed for a number of work
days aggregating at least 45 workdays at a facility operated
under contract to the Department of Energy by Mallinkrodt
Incorporated or its successors (including the St. Louis
downtown or `Destrahan' facility during any of calendar years
1942 through 1958 and the Weldon Springs feed materials plant
facility during any of calendar years 1958 through 1966), or
at a facility operated by the Department of Energy or under
contract by Mason & Hangar-Silas Mason Company at the Iowa
Army Ammunition Plant (also known as the Burlington Atomic
Energy Commission Plant and the Iowa Ordnance Plant) during
any of the calendar years 1947 through 1975, and during the
employment--
``(i)(I) was monitored through the use of dosimetry badges
for exposure at the plant of
[[Page S6547]]
the external parts of an employee's body to radiation; or
``(II) was monitored through the use of bioassays, in vivo
monitoring, or breath samples for exposure at the plant to
internal radiation; or
``(ii) worked in a job that had exposures comparable to a
job that is monitored, or should have been monitored, under
standards of the Department of Energy in effect on the date
of enactment of this subparagraph through the use of
dosimetry badges for monitoring external radiation exposures,
or bioassays, in vivo monitoring, or breath samples for
internal radiation exposures, at a facility.''.
______
SA 3390. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1055. SENSE OF CONGRESS ON ACTIVITIES AT GROUP OF 8
SUMMIT REGARDING GLOBAL PARTNERSHIP AGAINST THE
SPREAD OF WEAPONS OF MASS DESTRUCTION.
It is the sense of Congress that, at the June 2004 Group of
8 summit, the President should, with respect to the Global
Partnership Against the Spread of Weapons of Mass
Destruction--
(1) affirm the commitment of $10,000,000,000 by the United
States and $10,000,000,000 by the other original members of
the Group of 7 to the Partnership as a matter of high
national security;
(2) expand the membership of donor nations to the
Partnership;
(3) insure that Russia remains the primary partner of the
Partnership while also seeking to fund through the
Partnership efforts in other countries with potentially
vulnerable weapons or materials;
(4) develop for the Partnership clear program goals;
(5) develop for the Partnership transparent project
prioritization and planning;
(6) develop for the Partnership project implementation
milestones under periodic review; and
(7) develop under the Partnership agreements between
partners for project implementation; and
(8) give high priority and senior-level attention to
resolving disagreements on site access and worker liability
under the Partnership.
______
SA 3391. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF
PRISONERS BY THE DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than 90 days after the
date of the enactment of this Act, and every six months
thereafter, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the population
of detainees held by the Department of Defense and on the
facilities in which such detainees are held.
(b) Report Elements.--Each report under subsection (a)
shall include the following:
(1) General information on the foreign national detainees
in the custody of the Department during the six-month period
ending on the date of such report, including the following:
(A) The total number of detainees in the custody of the
Department at any time during such period.
(B) The countries in which such detainees were detained,
and the number of detainees detained in each such country.
(C) The total number of detainees in the custody of the
Department as of the date of such report.
(D) The total number of detainees released from the custody
of the Department during such period.
(E) The nationalities of the detainees covered by
subparagraph (A), including the number of detainees of each
such nationality.
(F) The number of detainees covered by subparagraph (A)
that were transferred to the jurisdiction of another country
during such period.
(G) For each country to which detainees were transferred as
described in subparagraph (F)--
(i) the policies and practices of such country on the
torture and treatment of prisoners; and
(ii) the status of such transferred detainees.
(2) For each foreign national detained by the Department of
Defense during the six-month period ending on the date of
such report the following:
(A) The name.
(B) The nationality.
(C) The place at which taken into custody.
(D) The circumstances of being taken into custody.
(E) The place of detention.
(F) The current length of detention or, if released, the
duration of detention at the time of release.
(G) A categorization as a military detainee or civilian
detainee.
(H) The intentions of the United States Government on such
detainee, including whether or not the United States will--
(i) continue to hold such detainee with justification;
(ii) repatriate such detainee; or
(iii) charge such detainee with a crime.
(I) The history, if any, of transfers of such detainee
among detention facilities, including whether or not such
detainee been detained at other facilities and, if so, at
which facilities and in what locations.
(3) Information on the detention facilities and practices
of the Department for the six-month period ending on the date
of such report, including for each facility of the Department
at which detainees were detained by the Department during
such period the following:
(A) The name of such facility.
(B) The location of such facility.
(C) The number of detainees detained at such facility over
the course of such period and as of the end of such period.
(D) The capacity of such facility.
(E) The number of military personnel assigned to such
facility over the course of such period and as of the end of
such period.
(F) The number of other employees of the United States
Government assigned to such facility over the course of such
period and as of the end of such period.
(G) The number of contractor personnel assigned to such
facility over the course of such period and as of the end of
such period.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
______
SA 3392. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 147, after line 21, add the following:
SEC. __. VACCINE HEALTHCARE CENTERS NETWORK.
Section 1110 of title 10, United States Code, is amended by
adding at the end the following:
``(c) Vaccine Healthcare Centers Network.--(1) The
Secretary shall carry out this section through the Vaccine
Healthcare Centers Network as established by the Secretary in
collaboration with the Director of the Centers for Disease
Control and Prevention.
``(2) In addition to conducting the activities described in
subsection (b), it shall be the purpose of the Vaccine
Healthcare Centers Network to improve--
``(A) the safety and quality of vaccine delivery and
protection of members of the armed forces;
``(B) the submission of data to the Vaccine-related Adverse
Events Reporting System to include comprehensive content and
follow-up data;
``(C) the quality, access, and delivery of clinical
management services to members of the armed services who
experience vaccine adverse events;
``(D) the satisfaction of members of the armed services
with vaccine-related health-care services;
``(E) the knowledge and understanding by members of the
armed services and vaccine-providers of immunization benefits
and risks;
``(F) networking between the Department of Defense, the
Department of Health and Human Services, the Department of
Veterans Affairs, and private advocacy and coalition groups
with regard to immunization benefits and risks; and
``(G) clinical research on the safety and efficacy of
vaccines.
``(3) To achieve the purposes described in paragraph (2),
the Vaccine Healthcare Centers Network shall carry out the
following:
``(A)(i) Establish a network of centers of excellence in
clinical immunization safety assessment that provides for
outreach, education, and confidential consultative and direct
patient care services for vaccine related adverse events
prevention, diagnosis, treatment and follow-up with respect
to members of the armed services.
[[Page S6548]]
``(ii) Such centers shall provide expert second opinions
for such members regarding medical exemptions under this
section and for additional care that is not available at the
local medical facilities of such members.
``(B) Develop standardized educational outreach activities
to support the initial and ongoing (on at least an annual
basis) provision of training and education for providers and
nursing personnel who are engaged in providing immunization
services to the members of the armed services.
``(C) Develop a program for quality improvement in the
submission and understanding of data that is provided to the
Vaccine-related Adverse Events Reporting System, particularly
among providers and members of the armed services. Such
program shall ensure that data is collected concerning
adverse events associated with vaccines, including smallpox,
anthrax, and multiple vaccine exposures.
``(D) Develop and standardize, in collaboration with the
medical departments of the military services, a quality
improvement program for the Department of Defense relating to
immunization services. Such program shall include the design
and implementation of data collection tools and processes
that validate and enhance the program.
``(E) Develop and support, in collaboration with the
Centers for Disease Control and Prevention and the Clinical
Immunization Safety Assessment network, a multi-center
platform for clinical research on rare but serious vaccine
adverse events, both in relation to establishing new case
definitions as needed, and in relation to the diagnosis,
treatment, prevention, and quality-of-life impact of
temporally associated adverse events.
``(F) Develop an effective network system, with appropriate
internal and external collaborative efforts, to facilitate
integration, educational outreach, research, and clinical
management of adverse vaccine events.
``(G) Provide education and advocacy for the fair treatment
of vaccine recipients to include fair access to vaccine
safety programs, medical exemptions, and quality treatment.
``(H) Develop and conduct, in collaboration with the
Centers for Disease Control and Prevention and the National
Institute for Allergy and Infectious Diseases, clinical
studies with respect to the safety and efficacy of vaccines,
including outcomes studies on the implementation of
recommendations contained in the clinical guidelines for
vaccine-related adverse events existing on the date of
enactment of this subsection.
``(I) Develop, in collaboration with the Centers for
Disease Control and Prevention and the National Institute for
Allergy and Infectious Diseases, implementation
recommendations for vaccine exemptions under this section or
alternative vaccine strategies for members of the armed
services who have had prior, or who are susceptible to,
adverse events, including those with genetic risk factors,
and the discovery of treatments for adverse events that are
most effective.
``(4) There is authorized to be appropriate to carry out
this subsection, $10,000,000 for fiscal year 2005, and such
sums as may be necessary for each fiscal year thereafter.''.
______
SA 3393. Mr. REID (for himself and Mr. Lieberman) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
Strike section 2826 and insert the following:
SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL
COMPLEX, DISTRICT OF COLUMBIA.
(a) Transfer Required.--The Secretary of the Navy shall
transfer to the jurisdiction, custody, and control of the
Administrator of General Services the parcel of Department of
the Navy real property in the District of Columbia known as
the Nebraska Avenue Complex for the purpose of permitting the
Administrator to use the Complex to accommodate the
Department of Homeland Security. The Complex shall be
transferred in its existing condition.
(b) Authority To Retain Military Family Housing.--The
Secretary of the Navy may retain jurisdiction, custody, and
control over the portion of the Complex that the Secretary
considers to be necessary for continued use as Navy family
housing.
(c) Time for Transfer.--The transfer of jurisdiction,
custody, and control over the Complex to the Administrator
under subsection (a) shall be completed not later than
January 1, 2005.
(d) Relocation of Navy Activities.--As part of the transfer
of the Complex under this section, the Secretary of the Navy
shall relocate Department of the Navy activities at the
Complex to other locations.
(e) Payment of Relocation Costs.--Subject to the
availability of appropriations for this purpose--
(1) the Secretary of Homeland Security shall be responsible
for the payment of all reasonable costs related to the
initial relocation of Department of the Navy activities from
the Complex, including costs to move furnishings and
equipment, and all reasonable costs incidental to initial
occupancy of interim leased space (including rent for the
first year); and
(2) the Administrator of General Services shall pay any
reasonable costs for interim leasing of space beyond the
first year until Department of the Navy activities have
occupied new permanent Department of Defense-controlled
space, and any additional reasonable costs not paid under
subsection (e)(1) that are incurred, or will be incurred, by
the Secretary of the Navy to permanently relocate Department
of the Navy activities from the Complex under subsection (d).
(f) Submission of Cost Estimates.--As soon as practicable
after the date of the enactment of this Act, but not later
than January 1, 2005, the Secretary of the Navy shall submit
to the congressional defense committees an initial estimate
of the amounts that will be necessary to cover the costs to
permanently relocate Department of the Navy activities from
the Complex. The Secretary shall include in the estimate
anticipated land acquisition and facility construction costs.
The Secretary shall revise the estimate as necessary whenever
information regarding the actual costs for the relocation is
obtained.
(g) Certification of Relocation Costs.--At the end of the
five-year period beginning on the date of the transfer of the
Complex under subsection (a), the Secretary of the Navy shall
submit to Congress written notice--
(1) specifying the total amount expended under subsection
(e) to cover the costs of relocating Department of the Navy
activities from the Complex;
(2) specifying the total amount expended to acquire
permanent facilities for Department of the Navy activities
relocated from the Complex; and
(3) certifying whether the amounts paid are sufficient to
complete all relocation actions.
(h) Participation of Office of Management and Budget.--The
Secretary of the Navy shall obtain the assistance and
concurrence of the Director of the Office of Management and
Budget in determining the total amount required to cover both
the initial and the permanent costs of relocating Department
of the Navy activities from the Complex under this section.
______
SA 3394. Mr. DORGAN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1055. PROHIBITION ON USE OF EC-130 SPECIAL OPERATIONS
AIRCRAFT AND OTHER AIRCRAFT FOR TRANSMISSION OF
RADIO MARTI OR TV MARTI BROADCASTS TO CUBA.
(a) Prohibition.--No EC-130 special operations aircraft or
other military aircraft under the control of the Department
of Defense may be utilized for purposes of transmitting Radio
Marti or TV Marti broadcasts to Cuba.
(b) Prohibition on Use of Funds.--No funds authorized to be
appropriated for the Department of Defense by this Act or any
other Act may be obligated or expended for purposes of
utilizing EC-130 special operations aircraft or other
military aircraft under the control of the Department to
transmit Radio Marti or TV Marti broadcasts to Cuba.
______
SA 3395. Ms. COLLINS (for herself, Mr. Bayh, Mr. Roberts, Mr. Reed,
Mr. Dorgan, and Mr. Biden) submitted an amendment intended to be
proposed by her to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. ENERGY SAVINGS PERFORMANCE CONTRACTS.
The Secretary of Defense shall, to the extent practicable,
exercise existing statutory authority, including the
authority provided by section 2865 of title 10, United States
Code, and section 8256 of title 42, United States Code, to
introduce life-cycle cost-effective upgrades to Federal
assets through shared energy savings contracting, demand
management programs, and utility incentive programs.
______
SA 3296. Mr. CRAIG submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction,
[[Page S6549]]
and for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION D--IMMIGRATION
SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Agricultural Job Opportunity, Benefits, and Security Act of
2004''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 4001. Short title; table of contents.
Sec. 4002. Definitions.
TITLE XLI--ADJUSTMENT TO LAWFUL STATUS
Sec. 4101. Agricultural workers.
Sec. 4102. Correction of Social Security records.
TITLE XLII--REFORM OF H-2A WORKER PROGRAM
Sec. 4201. Amendment to the Immigration and Nationality Act.
TITLE XLIII--MISCELLANEOUS PROVISIONS
Sec. 4301. Determination and use of user fees.
Sec. 4302. Regulations.
Sec. 4303. Effective date.
SEC. 4002. DEFINITIONS.
In this division:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
(3) Job opportunity.--The term ``job opportunity'' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Temporary.--A worker is employed on a ``temporary''
basis where the employment is intended not to exceed 10
months.
(6) United states worker.--The term ``United States
worker'' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(7) Work day.--The term ``work day'' means any day in which
the individual is employed 1 or more hours in agriculture
consistent with the definition of ``man-day'' under section
3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(u)).
TITLE XLI--ADJUSTMENT TO LAWFUL STATUS
SEC. 4101. AGRICULTURAL WORKERS.
(a) Temporary Resident Status.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer upon an alien who qualifies
under this subsection the status of an alien lawfully
admitted for temporary residence if the Secretary determines
that the following requirements are satisfied with respect to
the alien:
(A) Performance of agricultural employment in the united
states.--The alien must establish that the alien has
performed agricultural employment in the United States for at
least 575 hours or 100 work days, whichever is less, during
any 12 consecutive months during the 18-month period ending
on August 31, 2003.
(B) Application period.--The alien must apply for such
status during the 18-month application period beginning on
the 1st day of the 7th month that begins after the date of
enactment of this division.
(C) Admissible as immigrant.--The alien must establish that
the alien is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under subsection (e)(2).
(2) Authorized travel.--During the period an alien is in
lawful temporary resident status granted under this
subsection, the alien has the right to travel abroad
(including commutation from a residence abroad) in the same
manner as an alien lawfully admitted for permanent residence.
(3) Authorized employment.--During the period an alien is
in lawful temporary resident status granted under this
subsection, the alien shall be provided an ``employment
authorized'' endorsement or other appropriate work permit, in
the same manner as an alien lawfully admitted for permanent
residence.
(4) Termination of temporary resident status.--During the
period of temporary resident status granted an alien under
this subsection, the Secretary may terminate such status only
upon a determination under this division that the alien is
deportable.
(5) Record of employment.--
(A) In general.--Each employer of a worker granted status
under this subsection shall annually--
(i) provide a written record of employment to the alien;
and
(ii) provide a copy of such record to the Secretary.
(B) Sunset.--The obligation under subparagraph (A)
terminates on August 31, 2009.
(b) Rights of Aliens Granted Temporary Resident Status.--
(1) In general.--Except as otherwise provided in this
subsection, an alien who acquires the status of an alien
lawfully admitted for temporary residence under subsection
(a), such status not having changed, shall be considered to
be an alien lawfully admitted for permanent residence for
purposes of any law other than any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Terms of employment respecting aliens admitted under
this section.--
(A) Prohibition.--No alien granted status under subsection
(a) may be terminated from employment by any employer during
the period of temporary resident status except for just
cause.
(B) Treatment of complaints.--
(i) Establishment of process.--The Secretary shall
establish a process for the receipt, initial review, and
disposition in accordance with this subparagraph of
complaints by aliens granted temporary resident status under
subsection (a) who allege that they have been terminated
without just cause. No proceeding shall be conducted under
this subparagraph with respect to a termination unless the
Secretary determines that the complaint was filed not later
than 6 months after the date of the termination.
(ii) Initiation of arbitration.--If the Secretary finds
that a complaint has been filed in accordance with clause (i)
and there is reasonable cause to believe that the complainant
was terminated without just cause, the Secretary shall
initiate binding arbitration proceedings by requesting the
Federal Mediation and Conciliation Service to appoint a
mutually agreeable arbitrator from the roster of arbitrators
maintained by such Service for the geographical area in which
the employer is located. The procedures and rules of such
Service shall be applicable to the selection of such
arbitrator and to such arbitration proceedings. The Secretary
shall pay the fee and expenses of the arbitrator.
(iii) Arbitration proceedings.--The arbitrator shall
conduct the proceeding in accordance with the policies and
procedures promulgated by the American Arbitration
Association applicable to private arbitration of employment
disputes. The arbitrator shall make findings respecting
whether the termination was for just cause. The arbitrator
may not find that the termination was for just cause unless
the employer so demonstrates by a preponderance of the
evidence. If the arbitrator finds that the termination was
not for just cause, the arbitrator shall make a specific
finding of the number of days or hours of work lost by the
employee as a result of the termination. The arbitrator shall
have no authority to order any other remedy, including, but
not limited to, reinstatement, back pay, or front pay to the
affected employee. Within 30 days from the conclusion of the
arbitration proceeding, the arbitrator shall transmit the
findings in the form of a written opinion to the parties to
the arbitration and the Secretary. Such findings shall be
final and conclusive, and no official or court of the United
States shall have the power or jurisdiction to review any
such findings.
(iv) Effect of arbitration findings.--If the Secretary
receives a finding of an arbitrator that an employer has
terminated an alien granted temporary resident status under
subsection (a) without just cause, the Secretary shall credit
the alien for the number of days or hours of work lost for
purposes of the requirement of subsection (c)(1).
(v) Treatment of attorney's fees.--The parties shall bear
the cost of their own attorney's fees involved in the
litigation of the complaint.
(vi) Nonexclusive remedy.--The complaint process provided
for in this subparagraph is in addition to any other rights
an employee may have in accordance with applicable law.
(vii) Effect on other actions or proceedings.--Any finding
of fact or law, judgment, conclusion, or final order made by
an arbitrator in the proceeding before the Secretary shall
not be conclusive or binding in any separate or subsequent
action or proceeding between the employee and the employee's
current or prior employer brought before an arbitrator,
administrative agency, court, or judge of any State or the
United States, regardless of whether the prior action was
between the same or related parties or involved the same
facts, except that the arbitrator's specific finding of the
number of days or hours of work lost by the employee as a
result of the employment termination may be referred to the
Secretary pursuant to clause (iv).
(C) Civil penalties.--
(i) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
granted temporary resident status under subsection (a) has
failed to provide the record of employment required under
subsection (a)(5) or has provided a false statement of
material fact
[[Page S6550]]
in such a record, the employer shall be subject to a civil
money penalty in an amount not to exceed $1,000 per
violation.
(ii) Limitation.--The penalty applicable under clause (i)
for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this section.
(c) Adjustment to Permanent Residence.--
(1) Agricultural workers.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall adjust the status of an alien granted
lawful temporary resident status under subsection (a) to that
of an alien lawfully admitted for permanent residence if the
Secretary determines that the following requirements are
satisfied:
(i) Qualifying employment.--The alien has performed at
least 360 work days or 2,060 hours, but in no case less than
2,060 hours, of agricultural employment in the United States,
during the period beginning on September 1, 2003, and ending
on August 31, 2009.
(ii) Qualifying years.--The alien has performed at least 75
work days or 430 hours, but in no case less than 430 hours,
of agricultural employment in the United States in at least 3
nonoverlapping periods of 12 consecutive months during the
period beginning on September 1, 2003, and ending on August
31, 2009. Qualifying periods under this clause may include
nonconsecutive 12-month periods.
(iii) Qualifying work in first 3 years.--The alien has
performed at least 240 work days or 1,380 hours, but in no
case less than 1,380 hours, of agricultural employment during
the period beginning on September 1, 2003, and ending on
August 31, 2006.
(iv) Application period.--The alien applies for adjustment
of status not later than August 31, 2010.
(v) Proof.--In meeting the requirements of clauses (i),
(ii), and (iii), an alien may submit the record of employment
described in subsection (a)(5) or such documentation as may
be submitted under subsection (d)(3).
(vi) Disability.--In determining whether an alien has met
the requirements of clauses (i), (ii), and (iii), the
Secretary shall credit the alien with any work days lost
because the alien was unable to work in agricultural
employment due to injury or disease arising out of and in the
course of the alien's agricultural employment, if the alien
can establish such disabling injury or disease through
medical records.
(B) Grounds for denial of adjustment of status.--The
Secretary may deny an alien adjustment to permanent resident
status, and provide for termination of the temporary resident
status granted such alien under subsection (a), if--
(i) the Secretary finds by a preponderance of the evidence
that the adjustment to temporary resident status was the
result of fraud or willful misrepresentation, as described in
section 212(a)(6)(C)(i) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(ii) the alien--
(I) commits an act that makes the alien inadmissible to the
United States under section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182), except as provided under
subsection (e)(2); or
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States.
(C) Grounds for removal.--Any alien granted temporary
resident status under subsection (a) who does not apply for
adjustment of status under this subsection before the
expiration of the application period described in
subparagraph (A)(iv), or who fails to meet the other
requirements of subparagraph (A) by the end of the applicable
period, is deportable and may be removed under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a). The
Secretary shall issue regulations establishing grounds to
waive subparagraph (A)(iii) with respect to an alien who has
completed at least 200 days of the work requirement specified
in such subparagraph in the event of a natural disaster which
substantially limits the availability of agricultural
employment or a personal emergency that prevents compliance
with such subparagraph.
(2) Spouses and minor children.--
(A) In general.--Notwithstanding any other provision of
law, the Secretary shall confer the status of lawful
permanent resident on the spouse and minor child of an alien
granted status under paragraph (1), including any individual
who was a minor child on the date such alien was granted
temporary resident status, if the spouse or minor child
applies for such status, or if the principal alien includes
the spouse or minor child in an application for adjustment of
status to that of a lawful permanent resident.
(B) Treatment of spouses and minor children prior to
adjustment of status.--A spouse and minor child of an alien
granted temporary resident status under subsection (a) may
not be--
(i) removed while such alien maintains such status; and
(ii) granted authorization to engage in employment in the
United States or be provided an ``employment authorized''
endorsement or other work permit, unless such employment
authorization is granted under another provision of law.
(d) Applications.--
(1) To whom may be made.--
(A) Within the united states.--The Secretary shall provide
that--
(i) applications for temporary resident status under
subsection (a) may be filed--
(I) with the Secretary, but only if the applicant is
represented by an attorney; or
(II) with a qualified designated entity (designated under
paragraph (2)), but only if the applicant consents to the
forwarding of the application to the Secretary; and
(ii) applications for adjustment of status under subsection
(c) shall be filed directly with the Secretary.
(B) Outside the united states.--The Secretary, in
cooperation with the Secretary of State, shall establish a
procedure whereby an alien may apply for temporary resident
status under subsection (a) at an appropriate consular office
outside the United States.
(C) Preliminary applications.--
(i) In general.--During the application period described in
subsection (a)(1)(B), the Secretary may grant admission to
the United States as a temporary resident and provide an
``employment authorized'' endorsement or other appropriate
work permit to any alien who presents a preliminary
application for such status under subsection (a) at a
designated port of entry on the southern land border of the
United States. An alien who does not enter through a port of
entry is subject to deportation and removal as otherwise
provided in this division.
(ii) Definition.--For purposes of clause (i), the term
``preliminary application'' means a fully completed and
signed application which contains specific information
concerning the performance of qualifying employment in the
United States, together with the payment of the appropriate
fee and the submission of photographs and the documentary
evidence which the applicant intends to submit as proof of
such employment.
(iii) Eligibility.--An applicant under clause (i) must be
otherwise admissible to the United States under subsection
(e)(2) and must establish to the satisfaction of the
examining officer during an interview that the applicant's
claim to eligibility for temporary resident status is
credible.
(D) Travel documentation.--The Secretary shall provide each
alien granted status under this section with a counterfeit-
resistant document of authorization to enter or reenter the
United States that meets the requirements established by the
Secretary.
(2) Designation of entities to receive applications.--
(A) In general.--For purposes of receiving applications
under subsection (a), the Secretary--
(i) shall designate qualified farm labor organizations and
associations of employers; and
(ii) may designate such other persons as the Secretary
determines are qualified and have substantial experience,
demonstrate competence, and have traditional long-term
involvement in the preparation and submittal of applications
for adjustment of status under section 209, 210, or 245 of
the Immigration and Nationality Act, Public Law 89-732,
Public Law 95-145, or the Immigration Reform and Control Act
of 1986.
(B) References.--Organizations, associations, and persons
designated under subparagraph (A) are referred to in this
division as ``qualified designated entities''.
(3) Proof of eligibility.--
(A) In general.--An alien may establish that the alien
meets the requirement of subsection (a)(1)(A) or subsection
(c)(1)(A) through government employment records or records
supplied by employers or collective bargaining organizations,
and other reliable documentation as the alien may provide.
The Secretary shall establish special procedures to properly
credit work in cases in which an alien was employed under an
assumed name.
(B) Documentation of work history.--(i) An alien applying
for status under subsection (a)(1) or subsection (c)(1) has
the burden of proving by a preponderance of the evidence that
the alien has worked the requisite number of hours or days
(as required under subsection (a)(1)(A) or subsection
(c)(1)(A)).
(ii) If an employer or farm labor contractor employing such
an alien has kept proper and adequate records respecting such
employment, the alien's burden of proof under clause (i) may
be met by securing timely production of those records under
regulations to be promulgated by the Secretary.
(iii) An alien can meet such burden of proof if the alien
establishes that the alien has in fact performed the work
described in subsection (a)(1)(A) or subsection (c)(1)(A) by
producing sufficient evidence to show the extent of that
employment as a matter of just and reasonable inference.
(4) Treatment of applications by qualified designated
entities.--Each qualified designated entity must agree to
forward to the Secretary applications filed with it in
accordance with paragraph (1)(A)(i)(II) but not to forward to
the Secretary applications filed with it unless the applicant
has consented to such forwarding. No such entity may make a
determination required by this section to be made by the
Secretary. Upon the request of the alien, a qualified
designated entity shall assist the alien in obtaining
documentation of the work history of the alien.
(5) Limitation on access to information.--Files and records
prepared for purposes of this subsection by qualified
designated entities operating under this subsection are
confidential and the Secretary shall not have access to such
files or records relating to an alien without the consent of
the alien, except as allowed by a court order issued pursuant
to paragraph (6).
(6) Confidentiality of information.--
[[Page S6551]]
(A) In general.--Except as otherwise provided in this
subsection, neither the Secretary, nor any other official or
employee of the Department of Homeland Security, or bureau or
agency thereof, may--
(i) use the information furnished by the applicant pursuant
to an application filed under this section, the information
provided to the applicant by a person designated under
paragraph (2)(A), or any information provided by an employer
or former employer, for any purpose other than to make a
determination on the application, or for enforcement of
paragraph (7);
(ii) make any publication whereby the information furnished
by any particular individual can be identified; or
(iii) permit anyone other than the sworn officers and
employees of the Department of Homeland Security, or bureau
or agency thereof, or, with respect to applications filed
with a qualified designated entity, that qualified designated
entity, to examine individual applications.
(B) Crime.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this paragraph
shall be fined not more than $10,000.
(7) Penalties for false statements in applications.--
(A) Criminal penalty.--Whoever--
(i) files an application for status under subsection (a) or
(c) and knowingly and willfully falsifies, conceals, or
covers up a material fact or makes any false, fictitious, or
fraudulent statements or representations, or makes or uses
any false writing or document knowing the same to contain any
false, fictitious, or fraudulent statement or entry; or
(ii) creates or supplies a false writing or document for
use in making such an application;
shall be fined in accordance with title 18, United States
Code, or imprisoned not more than 5 years, or both.
(B) Inadmissibility.--An alien who is convicted of a crime
under subparagraph (A) shall be considered to be inadmissible
to the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)).
(8) Eligibility for legal services.--Section 504(a)(11) of
Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be
construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for adjustment of status under this section.
(9) Application fees.--
(A) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(i) shall be charged for the filing of applications for
status under subsections (a) and (c); and
(ii) may be charged by qualified designated entities to
help defray the costs of services provided to such
applicants.
(B) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any
fee in excess of, or in addition to, the fees authorized
under subparagraph (A)(ii) for services provided to
applicants.
(C) Disposition of fees.--
(i) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the ``Agricultural Worker Immigration Status Adjustment
Account''. Notwithstanding any other provision of law, there
shall be deposited as offsetting receipts into the account
all fees collected under subparagraph (A)(i).
(ii) Use of fees for application processing.--Amounts
deposited in the ``Agricultural Worker Immigration Status
Adjustment Account'' shall remain available to the Secretary
until expended for processing applications for status under
subsections (a) and (c).
(e) Waiver of Numerical Limitations and Certain Grounds for
Inadmissibility.--
(1) Numerical limitations do not apply.--The numerical
limitations of sections 201 and 202 of the Immigration and
Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to
the adjustment of aliens to lawful permanent resident status
under this section.
(2) Waiver of certain grounds of inadmissibility.--In the
determination of an alien's eligibility for status under
subsection (a)(1)(C) or an alien's eligibility for adjustment
of status under subsection (c)(1)(B)(ii)(I), the following
rules shall apply:
(A) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7)(A), and (9)(B) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a))
shall not apply.
(B) Waiver of other grounds.--
(i) In general.--Except as provided in clause (ii), the
Secretary may waive any other provision of such section
212(a) in the case of individual aliens for humanitarian
purposes, to ensure family unity, or when it is otherwise in
the public interest.
(ii) Grounds that may not be waived.--The following
provisions of such section 212(a) may not be waived by the
Secretary under clause (i):
(I) Subparagraphs (A) and (B) of paragraph (2) (relating to
criminals).
(II) Paragraph (4) (relating to aliens likely to become
public charges).
(III) Paragraph (2)(C) (relating to drug offenses).
(IV) Paragraph (3) (relating to security and related
grounds).
(iii) Construction.--Nothing in this subparagraph shall be
construed as affecting the authority of the Secretary other
than under this subparagraph to waive provisions of such
section 212(a).
(C) Special rule for determination of public charge.--An
alien is not ineligible for status under this section by
reason of a ground of inadmissibility under section 212(a)(4)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
if the alien demonstrates a history of employment in the
United States evidencing self-support without reliance on
public cash assistance.
(f) Temporary Stay of Removal and Work Authorization for
Certain Applicants.--
(1) Before application period.--Effective on the date of
enactment of this division, the Secretary shall provide that,
in the case of an alien who is apprehended before the
beginning of the application period described in subsection
(a)(1)(B) and who can establish a nonfrivolous case of
eligibility for temporary resident status under subsection
(a) (but for the fact that the alien may not apply for such
status until the beginning of such period), until the alien
has had the opportunity during the first 30 days of the
application period to complete the filing of an application
for temporary resident status, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in employment
in the United States and be provided an ``employment
authorized'' endorsement or other appropriate work permit for
such purpose.
(2) During application period.--The Secretary shall provide
that, in the case of an alien who presents a nonfrivolous
application for temporary resident status under subsection
(a) during the application period described in subsection
(a)(1)(B), including an alien who files such an application
within 30 days of the alien's apprehension, and until a final
determination on the application has been made in accordance
with this section, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in employment
in the United States and be provided an ``employment
authorized'' endorsement or other appropriate work permit for
such purpose.
(g) Administrative and Judicial Review.--
(1) In general.--There shall be no administrative or
judicial review of a determination respecting an application
for status under subsection (a) or (c) except in accordance
with this subsection.
(2) Administrative review.--
(A) Single level of administrative appellate review.--The
Secretary shall establish an appellate authority to provide
for a single level of administrative appellate review of such
a determination.
(B) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the
application and upon such additional or newly discovered
evidence as may not have been available at the time of the
determination.
(3) Judicial review.--
(A) Limitation to review of removal.--There shall be
judicial review of such a determination only in the judicial
review of an order of removal under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(B) Standard for judicial review.--Such judicial review
shall be based solely upon the administrative record
established at the time of the review by the appellate
authority and the findings of fact and determinations
contained in such record shall be conclusive unless the
applicant can establish abuse of discretion or that the
findings are directly contrary to clear and convincing facts
contained in the record considered as a whole.
(h) Dissemination of Information on Adjustment Program.--
Beginning not later than the 1st day of the application
period described in subsection (a)(1)(B), the Secretary, in
cooperation with qualified designated entities, shall broadly
disseminate information respecting the benefits that aliens
may receive under this section and the requirements to be
satisfied to obtain such benefits.
(i) Regulations.--The Secretary shall issue regulations to
implement this section not later than the 1st day of the 7th
month that begins after the date of enactment of this Act.
(j) Effective Date.--This section shall take effect on the
date that regulations are issued implementing this section on
an interim or other basis.
(k) Funding.--There are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, $40,000,000
for each of fiscal years 2004 through 2007 to the Secretary
to carry out this section.
SEC. 4102. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(d)(1) of the Social Security
Act (42 U.S.C. 408(d)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted status as a lawful temporary resident
under the Agricultural Job Opportunity, Benefits, and
Security Act of 2004,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred prior to the date on
which the
[[Page S6552]]
alien was granted lawful temporary resident status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the 1st day of the 7th month that begins
after the date of enactment of this Act.
TITLE XLII--REFORM OF H-2A WORKER PROGRAM
SEC. 4201. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
(a) In General.--The Immigration and Nationality Act is
amended by striking section 218 (8 U.S.C. 1188) and inserting
the following:
``H-2A EMPLOYER APPLICATIONS
``Sec. 218. (a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an
H-2A worker, unless the employer has filed with the Secretary
of Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of the work
to be performed;
``(C) the anticipated period (expected beginning and ending
dates) for which the workers will be needed; and
``(D) the number of job opportunities in which the employer
seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
must be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The
assurances referred to in subsection (a)(1) are the
following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is
covered under a collective bargaining agreement:
``(A) Union contract described.--The job opportunity is
covered by a union contract which was negotiated at arm's
length between a bona fide union and the employer.
``(B) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(C) Notification of bargaining representatives.--The
employer, at the time of filing the application, has provided
notice of the filing under this paragraph to the bargaining
representative of the employer's employees in the
occupational classification at the place or places of
employment for which aliens are sought.
``(D) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The employer has
offered or will offer the job to any eligible United States
worker who applies and is equally or better qualified for the
job for which the nonimmigrant is, or the nonimmigrants are,
sought and who will be available at the time and place of
need.
``(F) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of, and in the course
of, the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity
that is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(B) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The employer
will provide, at a minimum, the benefits, wages, and working
conditions required by section 218A to all workers employed
in the job opportunities for which the employer has applied
under subsection (a) and to all other workers in the same
occupation at the place of employment.
``(D) Nondisplacement of united states workers.--The
employer did not displace and will not displace a United
States worker employed by the employer during the period of
employment and for a period of 30 days preceding the period
of employment in the occupation at the place of employment
for which the employer seeks approval to employ H-2A workers.
``(E) Requirements for placement of nonimmigrant with other
employers.--The employer will not place the nonimmigrant with
another employer unless--
``(i) the nonimmigrant performs duties in whole or in part
at 1 or more work sites owned, operated, or controlled by
such other employer;
``(ii) there are indicia of an employment relationship
between the nonimmigrant and such other employer; and
``(iii) the employer has inquired of the other employer as
to whether, and has no actual knowledge or notice that,
during the period of employment and for a period of 30 days
preceding the period of employment, the other employer has
displaced or intends to displace a United States worker
employed by the other employer in the occupation at the place
of employment for which the employer seeks approval to employ
H-2A workers.
``(F) Statement of liability.--The application form shall
include a clear statement explaining the liability under
subparagraph (E) of an employer if the other employer
described in such subparagraph displaces a United States
worker as described in such subparagraph.
``(G) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of and in the course
of the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken or will take the
following steps to recruit United States workers for the job
opportunities for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:
``(I) Contacting former workers.--The employer shall make
reasonable efforts through the sending of a letter by United
States Postal Service mail, or otherwise, to contact any
United States worker the employer employed during the
previous season in the occupation at the place of intended
employment for which the employer is applying for workers and
has made the availability of the employer's job opportunities
in the occupation at the place of intended employment known
to such previous workers, unless the worker was terminated
from employment by the employer for a lawful job-related
reason or abandoned the job before the worker completed the
period of employment of the job opportunity for which the
worker was hired.
``(II) Filing a job offer with the local office of the
state employment security agency.--Not later than 28 days
prior to the date on which the employer desires to employ an
H-2A worker in a temporary or seasonal agricultural job
opportunity, the employer shall submit a copy of the job
offer described in subsection (a)(2) to the local office of
the State employment security agency which serves the area of
intended employment and authorize the posting of the job
opportunity on `America's Job Bank' or other electronic job
registry, except that nothing in this subclause shall require
the employer to file an interstate job order under section
653 of title 20, Code of Federal Regulations.
``(III) Advertising of job opportunities.--Not later than
14 days prior to the date on which the employer desires to
employ an H-2A worker in a temporary or seasonal agricultural
job opportunity, the employer shall advertise the
availability of the job opportunities for which the employer
is seeking workers in a publication in the local labor market
that is likely to be patronized by potential farm workers.
``(IV) Emergency procedures.--The Secretary of Labor shall,
by regulation, provide a procedure for acceptance and
approval of applications in which the employer has not
complied with the provisions of this subparagraph because the
employer's need for H-2A workers could not reasonably have
been foreseen.
``(ii) Job offers.--The employer has offered or will offer
the job to any eligible United States worker who applies and
is equally or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought and who will be
available at the time and place of need.
``(iii) Period of employment.--The employer will provide
employment to any qualified United States worker who applies
to the employer during the period beginning on the date on
which the foreign worker departs for the employer's place of
employment and ending on the date on which 50 percent of the
period of employment for which the foreign worker who is in
the job was hired has elapsed, subject to the following
requirements:
``(I) Prohibition.--No person or entity shall willfully and
knowingly withhold United States workers prior to the arrival
of H-2A workers in order to force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of a complaint by an
employer that a violation of subclause (I) has occurred, the
Secretary of Labor shall immediately investigate. The
Secretary of Labor shall, within 36 hours of the receipt of
the complaint, issue findings concerning the alleged
violation. If the Secretary of Labor finds that a violation
has occurred, the Secretary of Labor shall immediately
suspend the application of this clause with respect to that
certification for that date of need.
``(III) Placement of united states workers.--Prior to
referring a United States worker to an employer during the
period described in the matter preceding subclause (I), the
Secretary of Labor shall make all reasonable efforts to place
the United States worker in an open job acceptable to the
worker, if there are other job offers pending with the job
service that offer similar job opportunities in the area of
intended employment.
[[Page S6553]]
``(iv) Statutory construction.--Nothing in this
subparagraph shall be construed to prohibit an employer from
using such legitimate selection criteria relevant to the type
of job that are normal or customary to the type of job
involved so long as such criteria are not applied in a
discriminatory manner.
``(c) Applications by Associations on Behalf of Employer
Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of
its employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218A through 218C.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities
of any of its producer members named on the application, and
such workers may be transferred among such producer members
to perform the agricultural services of a temporary or
seasonal nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw
an application filed pursuant to subsection (a) with respect
to 1 or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor
in writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer
who withdraws an application under subsection (a), or on
whose behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.
``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as
a result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under
subsection (a) is unaffected by withdrawal of such
application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the date on which an application under subsection (a) is
filed, at the employer's principal place of business or work
site, a copy of each such application (and such accompanying
documents as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor shall
compile, on a current basis, a list (by employer and by
occupational classification) of the applications filed under
this subsection. Such list shall include the wage rate,
number of workers sought, period of intended employment, and
date of need. The Secretary of Labor shall make such list
available for examination in the District of Columbia.
``(B) Review of applications.--The Secretary of Labor shall
review such an application only for completeness and obvious
inaccuracies. Unless the Secretary of Labor finds that the
application is incomplete or obviously inaccurate, the
Secretary of Labor shall certify that the intending employer
has filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall be
provided within 7 days of the filing of the application.
``H-2A EMPLOYMENT REQUIREMENTS
``Sec. 218A. (a) Preferential Treatment of Aliens
Prohibited.--Employers seeking to hire United States workers
shall offer the United States workers no less than the same
benefits, wages, and working conditions that the employer is
offering, intends to offer, or will provide to H-2A workers.
Conversely, no job offer may impose on United States workers
any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--
Except in cases where higher benefits, wages, or working
conditions are required by the provisions of subsection (a),
in order to protect similarly employed United States workers
from adverse effects with respect to benefits, wages, and
working conditions, every job offer which must accompany an
application under section 218(b)(2) shall include each of the
following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under section
218(a) for H-2A workers shall offer to provide housing at no
cost to all workers in job opportunities for which the
employer has applied under that section and to all other
workers in the same occupation at the place of employment,
whose place of residence is beyond normal commuting distance.
``(B) Type of housing.--In complying with subparagraph (A),
an employer may, at the employer's election, provide housing
that meets applicable Federal standards for temporary labor
camps or secure housing that meets applicable local standards
for rental or public accommodation housing or other
substantially similar class of habitation, or in the absence
of applicable local standards, State standards for rental or
public accommodation housing or other substantially similar
class of habitation. In the absence of applicable local or
State standards, Federal temporary labor camp standards shall
apply.
``(C) Family housing.--When it is the prevailing practice
in the occupation and area of intended employment to provide
family housing, family housing shall be provided to workers
with families who request it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue regulations
that address the specific requirements for the provision of
housing to workers engaged in the range production of
livestock.
``(E) Limitation.--Nothing in this paragraph shall be
construed to require an employer to provide or secure housing
for persons who were not entitled to such housing under the
temporary labor certification regulations in effect on June
1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If public housing
provided for migrant agricultural workers under the auspices
of a local, county, or State government is secured by an
employer, and use of the public housing unit normally
requires charges from migrant workers, such charges shall be
paid by the employer directly to the appropriate individual
or entity affiliated with the housing's management.
``(ii) Deposit charges.--Charges in the form of deposits
for bedding or other similar incidentals related to housing
shall not be levied upon workers by employers who provide
housing for their workers. However, an employer may require a
worker found to have been responsible for damage to such
housing which is not the result of normal wear and tear
related to habitation to reimburse the employer for the
reasonable cost of repair of such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--In lieu of offering housing pursuant to
subparagraph (A), the employer may provide a reasonable
housing allowance, but only if the requirement of clause (ii)
is satisfied. Upon the request of a worker seeking assistance
in locating housing, the employer shall make a good faith
effort to assist the worker in identifying and locating
housing in the area of intended employment. An employer who
offers a housing allowance to a worker, or assists a worker
in locating housing which the worker occupies, pursuant to
this clause shall not be deemed a housing provider under
section 203 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1823) solely by virtue of providing
such housing allowance. However, no housing allowance may be
used for housing which is owned or controlled by the
employer.
``(ii) Certification.--The requirement of this clause is
satisfied if the Governor of the State certifies to the
Secretary of Labor that there is adequate housing available
in the area of intended employment for migrant farm workers,
and H-2A workers, who are seeking temporary housing while
employed at farm work. Such certification shall expire after
3 years unless renewed by the Governor of the State.
``(iii) Amount of allowance.--
``(I) Nonmetropolitan counties.--If the place of employment
of the workers provided an allowance under this subparagraph
is a nonmetropolitan county, the amount of the housing
allowance under this subparagraph shall be equal to the
statewide average fair market rental for existing housing for
nonmetropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(II) Metropolitan counties.--If the place of employment
of the workers provided an allowance under this paragraph is
in a metropolitan county, the amount of the housing allowance
under this subparagraph shall be equal to the statewide
average fair market rental for existing housing for
metropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who completes 50
percent of the period of employment of the job opportunity
for which the worker was hired shall be reimbursed by the
employer for the cost of the worker's transportation and
subsistence from the place from which the worker came to work
for the employer (or place of last employment, if the worker
traveled from such place) to the place of employment.
``(B) From place of employment.--A worker who completes the
period of employment for the job opportunity involved shall
be reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place of employment
to the place from which the worker, disregarding intervening
employment, came to work for the employer, or to the place of
next employment, if the worker has contracted with a
subsequent employer who has not agreed to
[[Page S6554]]
provide or pay for the worker's transportation and
subsistence to such subsequent employer's place of
employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as provided in
clause (ii), the amount of reimbursement provided under
subparagraph (A) or (B) to a worker or alien shall not exceed
the lesser of--
``(I) the actual cost to the worker or alien of the
transportation and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.
``(ii) Distance traveled.--No reimbursement under
subparagraph (A) or (B) shall be required if the distance
traveled is 100 miles or less, or the worker is not residing
in employer-provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off or
employment is terminated for contract impossibility (as
described in paragraph (4)(D)) before the anticipated ending
date of employment, the employer shall provide the
transportation and subsistence required by subparagraph (B)
and, notwithstanding whether the worker has completed 50
percent of the period of employment, shall provide the
transportation reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and work
site.--The employer shall provide transportation between the
worker's living quarters (i.e., housing provided by the
employer pursuant to paragraph (1), including housing
provided through a housing allowance) and the employer's work
site without cost to the worker, and such transportation will
be in accordance with applicable laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers under
section 218(a) shall offer to pay, and shall pay, all workers
in the occupation for which the employer has applied for
workers, not less (and is not required to pay more) than the
greater of the prevailing wage in the occupation in the area
of intended employment or the adverse effect wage rate. No
worker shall be paid less than the greater of the hourly wage
prescribed under section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
minimum wage.
``(B) Limitation.--Effective on the date of enactment of
the Agricultural Job Opportunity, Benefits, and Security Act
of 2004 and continuing for 3 years thereafter, no adverse
effect wage rate for a State may be more than the adverse
effect wage rate for that State in effect on January 1, 2003,
as established by section 655.107 of title 20, Code of
Federal Regulations.
``(C) Required wages after 3-year freeze.--
``(i) First adjustment.--Unless Congress acts to set a new
wage standard applicable to this section, effective on
December 1, 2006, the adverse effect wage rate then in effect
shall be adjusted by the 12 month percentage change in the
Consumer Price Index for All Urban Consumers between December
of the preceding year and December of the second preceding
year, except that such adjustment shall not exceed 4 percent.
``(ii) Subsequent annual adjustments.--Effective on March
1, 2007, and each March 1 thereafter, the adverse effect wage
rate then in effect shall be adjusted in accordance with the
requirements of clause (i).
``(D) Deductions.--The employer shall make only those
deductions from the worker's wages that are authorized by law
or are reasonable and customary in the occupation and area of
employment. The job offer shall specify all deductions not
required by law which the employer will make from the
worker's wages.
``(E) Frequency of pay.--The employer shall pay the worker
not less frequently than twice monthly, or in accordance with
the prevailing practice in the area of employment, whichever
is more frequent.
``(F) Hours and earnings statements.--The employer shall
furnish to the worker, on or before each payday, in one or
more written statements the following information:
``(i) The worker's total earnings for the pay period.
``(ii) The worker's hourly rate of pay, piece rate of pay,
or both.
``(iii) The hours of employment which have been offered to
the worker (broken out by hours offered in accordance with
and over and above the three-quarters guarantee described in
paragraph (4)).
``(iv) The hours actually worked by the worker.
``(v) An itemization of the deductions made from the
worker's wages.
``(vi) If piece rates of pay are used, the units produced
daily.
``(G) Report on wage protections.--Not later than June 1,
2007, the Resources, Community and Economic Development
Division, and the Health, Education and Human Services
Division, of the General Accounting Office shall jointly
prepare and transmit to the Secretary of Labor and to the
Committees on the Judiciary of the House of Representatives
and the Senate a report which shall address--
``(i) whether the employment of H-2A or unauthorized aliens
in the United States agricultural work force has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(ii) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(iii) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(iv) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage; and
``(v) recommendations for future wage protection under this
section.
``(H) Commission on wage standards.--
``(i) Establishment.--There is established the Commission
on Agricultural Wage Standards under the H-2A program (in
this subparagraph referred to as the `Commission').
``(ii) Composition.--The Commission shall consist of 10
members as follows:
``(I) 4 representatives of agricultural employers and 1
representative of the Department of Agriculture, each
appointed by the Secretary of Agriculture.
``(II) 4 representatives of agricultural workers and 1
representative of the Department of Labor, each appointed by
the Secretary of Labor.
``(iii) Functions.--The Commission shall conduct a study
that shall address--
``(I) whether the employment of H-2A or unauthorized aliens
in the United States agricultural workforce has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(II) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(III) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(IV) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage rate; and
``(V) recommendations for future wage protection under this
section.
``(iv) Final report.--Not later than June 1, 2007, the
Commission shall submit a report to the Congress setting
forth the findings of the study conducted under clause (iii).
``(v) Termination date.--The Commission shall terminate
upon submitting its final report.
``(4) Guarantee of employment.--
``(A) Offer to worker.--The employer shall guarantee to
offer the worker employment for the hourly equivalent of at
least three-fourths of the work days of the total period of
employment, beginning with the first work day after the
arrival of the worker at the place of employment and ending
on the expiration date specified in the job offer. For
purposes of this subparagraph, the hourly equivalent means
the number of hours in the work days as stated in the job
offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or H-2A
worker less employment than that required under this
paragraph, the employer shall pay such worker the amount
which the worker would have earned had the worker, in fact,
worked for the guaranteed number of hours.
``(B) Failure to work.--Any hours which the worker fails to
work, up to a maximum of the number of hours specified in the
job offer for a work day, when the worker has been offered an
opportunity to do so, and all hours of work actually
performed (including voluntary work in excess of the number
of hours specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be counted by
the employer in calculating whether the period of guaranteed
employment has been met.
``(C) Abandonment of employment, termination for cause.--If
the worker voluntarily abandons employment before the end of
the contract period, or is terminated for cause, the worker
is not entitled to the `three-fourths guarantee' described in
subparagraph (A).
``(D) Contract impossibility.--If, before the expiration of
the period of employment specified in the job offer, the
services of the worker are no longer required for reasons
beyond the control of the employer due to any form of natural
disaster, including but not limited to a flood, hurricane,
freeze, earthquake, fire, drought, plant or animal disease or
pest infestation, or regulatory drought, before the guarantee
in subparagraph (A) is fulfilled, the employer may terminate
the worker's employment. In the event of such termination,
the employer shall fulfill the employment guarantee in
subparagraph (A) for the work days that have elapsed from the
first work day after the arrival of the worker to the
termination of employment. In such cases, the employer will
make efforts to transfer the United States worker to other
comparable employment acceptable to the
[[Page S6555]]
worker. If such transfer is not effected, the employer shall
provide the return transportation required in paragraph
(2)(D).
``(5) Motor vehicle safety.--
``(A) Mode of transportation subject to coverage.--
``(i) In general.--Except as provided in clauses (iii) and
(iv), this subsection applies to any H-2A employer that uses
or causes to be used any vehicle to transport an H-2A worker
within the United States.
``(ii) Uses or causes to be used.--(I) In this subsection,
the term `uses or causes to be used' applies only to
transportation provided by an H-2A employer to an H-2A
worker, or by a farm labor contractor to an H-2A worker at
the request or direction of an H-2A employer.
``(II) The term `uses or causes to be used' does not apply
to--
``(aa) transportation provided, or transportation
arrangements made, by an H-2A worker himself or herself,
unless the employer specifically requested or arranged such
transportation; or
``(bb) carpooling arrangements made by H-2A workers
themselves, using one of the workers' own vehicles, unless
specifically requested by the employer directly or through a
farm labor contractor.
``(III) The mere providing of a job offer by an employer to
an H-2A worker that causes the worker to travel to or from
the place of employment, or the payment or reimbursement of
the transportation costs of an H-2A worker by an H-2A
employer, shall not constitute an arrangement of, or
participation in, such transportation.
``(iii) Agricultural machinery and equipment excluded.--
This subsection does not apply to the transportation of an H-
2A worker on a tractor, combine, harvester, picker, or other
similar machinery or equipment while such worker is actually
engaged in the planting, cultivating, or harvesting of
agricultural commodities or the care of livestock or poultry
or engaged in transportation incidental thereto.
``(iv) Common carriers excluded.--This subsection does not
apply to common carrier motor vehicle transportation in which
the provider holds itself out to the general public as
engaging in the transportation of passengers for hire and
holds a valid certification of authorization for such
purposes from an appropriate Federal, State, or local agency.
``(B) Applicability of standards, licensing, and insurance
requirements.--
``(i) In general.--When using, or causing to be used, any
vehicle for the purpose of providing transportation to which
this subparagraph applies, each employer shall--
``(I) ensure that each such vehicle conforms to the
standards prescribed by the Secretary of Labor under section
401(b) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1841(b)) and other applicable
Federal and State safety standards;
``(II) ensure that each driver has a valid and appropriate
license, as provided by State law, to operate the vehicle;
and
``(III) have an insurance policy or a liability bond that
is in effect which insures the employer against liability for
damage to persons or property arising from the ownership,
operation, or causing to be operated, of any vehicle used to
transport any H-2A worker.
``(ii) Amount of insurance required.--The level of
insurance required shall be determined by the Secretary of
Labor pursuant to regulations to be issued under this
subsection.
``(iii) Effect of workers' compensation coverage.--If the
employer of any H-2A worker provides workers' compensation
coverage for such worker in the case of bodily injury or
death as provided by State law, the following adjustments in
the requirements of subparagraph (B)(i)(III) relating to
having an insurance policy or liability bond apply:
``(I) No insurance policy or liability bond shall be
required of the employer, if such workers are transported
only under circumstances for which there is coverage under
such State law.
``(II) An insurance policy or liability bond shall be
required of the employer for circumstances under which
coverage for the transportation of such workers is not
provided under such State law.
``(c) Compliance With Labor Laws.--An employer shall assure
that, except as otherwise provided in this section, the
employer will comply with all applicable Federal, State, and
local labor laws, including laws affecting migrant and
seasonal agricultural workers, with respect to all United
States workers and alien workers employed by the employer,
except that a violation of this assurance shall not
constitute a violation of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
``(d) Copy of Job Offer.--The employer shall provide to the
worker, not later than the day the work commences, a copy of
the employer's application and job offer described in section
218(a), or, if the employer will require the worker to enter
into a separate employment contract covering the employment
in question, such separate employment contract.
``(e) Range Production of Livestock.--Nothing in this
section or sections 218 or 218B shall preclude the Secretary
of Labor and the Secretary from continuing to apply special
procedures and requirements to the admission and employment
of aliens in occupations involving the range production of
livestock.
``PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS
``Sec. 218B. (a) Petitioning for Admission.--An employer,
or an association acting as an agent or joint employer for
its members, that seeks the admission into the United States
of an H-2A worker may file a petition with the Secretary. The
petition shall be accompanied by an accepted and currently
valid certification provided by the Secretary of Labor under
section 218(e)(2)(B) covering the petitioner.
``(b) Expedited Adjudication by the Secretary.--The
Secretary shall establish a procedure for expedited
adjudication of petitions filed under subsection (a) and
within 7 working days shall, by fax, cable, or other means
assuring expedited delivery, transmit a copy of notice of
action on the petition to the petitioner and, in the case of
approved petitions, to the appropriate immigration officer at
the port of entry or United States consulate (as the case may
be) where the petitioner has indicated that the alien
beneficiary (or beneficiaries) will apply for a visa or
admission to the United States.
``(c) Criteria for Admissibility.--
``(1) In general.--An H-2A worker shall be considered
admissible to the United States if the alien is otherwise
admissible under this section, section 218, and section 218A,
and the alien is not ineligible under paragraph (2).
``(2) Disqualification.--An alien shall be considered
inadmissible to the United States and ineligible for
nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
alien has, at any time during the past 5 years--
``(A) violated a material provision of this section,
including the requirement to promptly depart the United
States when the alien's authorized period of admission under
this section has expired; or
``(B) otherwise violated a term or condition of admission
into the United States as a nonimmigrant, including
overstaying the period of authorized admission as such a
nonimmigrant.
``(3) Waiver of ineligibility for unlawful presence.--
``(A) In general.--An alien who has not previously been
admitted into the United States pursuant to this section, and
who is otherwise eligible for admission in accordance with
paragraphs (1) and (2), shall not be deemed inadmissible by
virtue of section 212(a)(9)(B). If an alien described in the
preceding sentence is present in the United States, the alien
may apply from abroad for H-2A status, but may not be granted
that status in the United States.
``(B) Maintenance of waiver.--An alien provided an initial
waiver of ineligibility pursuant to subparagraph (A) shall
remain eligible for such waiver unless the alien violates the
terms of this section or again becomes ineligible under
section 212(a)(9)(B) by virtue of unlawful presence in the
United States after the date of the initial waiver of
ineligibility pursuant to subparagraph (A).
``(d) Period of Admission.--
``(1) In general.--The alien shall be admitted for the
period of employment in the application certified by the
Secretary of Labor pursuant to section 218(e)(2)(B), not to
exceed 10 months, supplemented by a period of up to 1 week
before the beginning of the period of employment (to be
granted for the purpose of travel to the work site) and a
period of 14 days following the period of employment (to be
granted for the purpose of departure or extension based on a
subsequent offer of employment), except that--
``(A) the alien is not authorized to be employed during
such 14-day period except in the employment for which the
alien was previously authorized; and
``(B) the total period of employment, including such 14-day
period, may not exceed 10 months.
``(2) Construction.--Nothing in this subsection shall limit
the authority of the Secretary to extend the stay of the
alien under any other provision of this division.
``(e) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section 101(a)(15)(H)(ii)(a) who abandons the
employment which was the basis for such admission or status
shall be considered to have failed to maintain nonimmigrant
status as an H-2A worker and shall depart the United States
or be subject to removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer (or association
acting as agent for the employer) shall notify the Secretary
within 7 days of an H-2A worker's having prematurely
abandoned employment.
``(3) Removal by the secretary.--The Secretary shall
promptly remove from the United States any H-2A worker who
violates any term or condition of the worker's nonimmigrant
status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(f) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary required by subsection (e)(2), the Secretary of
State shall promptly issue a visa to, and the Secretary shall
admit into the United States, an eligible alien designated by
the employer to replace an H-2A worker--
``(A) who abandons or prematurely terminates employment; or
``(B) whose employment is terminated after a United States
worker is employed
[[Page S6556]]
pursuant to section 218(b)(2)(H)(iii), if the United States
worker voluntarily departs before the end of the period of
intended employment or if the employment termination is for a
lawful job-related reason.
``(2) Construction.--Nothing in this subsection is intended
to limit any preference required to be accorded United States
workers under any other provision of this division.
``(g) Identification Document.--
``(1) In general.--Each alien authorized to be admitted
under section 101(a)(15)(H)(ii)(a) shall be provided an
identification and employment eligibility document to verify
eligibility for employment in the United States and verify
such person's proper identity.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably determining
whether--
``(i) the individual with the identification and employment
eligibility document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is being verified
is claiming the identity of another person; and
``(iii) the individual whose eligibility is being verified
is authorized to be admitted into, and employed in, the
United States as an H-2A worker.
``(B) The document shall be in a form that is resistant to
counterfeiting and to tampering.
``(C) The document shall--
``(i) be compatible with other databases of the Secretary
for the purpose of excluding aliens from benefits for which
they are not eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) be compatible with law enforcement databases to
determine if the alien has been convicted of criminal
offenses.
``(h) Extension of Stay of H-2A Aliens in the United
States.--
``(1) Extension of stay.--If an employer seeks approval to
employ an H-2A alien who is lawfully present in the United
States, the petition filed by the employer or an association
pursuant to subsection (a), shall request an extension of the
alien's stay and a change in the alien's employment.
``(2) Limitation on filing a petition for extension of
stay.--A petition may not be filed for an extension of an
alien's stay--
``(A) for a period of more than 10 months; or
``(B) to a date that is more than 3 years after the date of
the alien's last admission to the United States under this
section.
``(3) Work authorization upon filing a petition for
extension of stay.--In the case of an alien who is lawfully
present in the United States, the alien is authorized to
commence the employment described in a petition under
paragraph (1) on the date on which the petition is filed. For
purposes of the preceding sentence, the term `file' means
sending the petition by certified mail via the United States
Postal Service, return receipt requested, or delivered by
guaranteed commercial delivery which will provide the
employer with a documented acknowledgment of the date of
receipt of the petition. The employer shall provide a copy of
the employer's petition to the alien, who shall keep the
petition with the alien's identification and employment
eligibility document as evidence that the petition has been
filed and that the alien is authorized to work in the United
States. Upon approval of a petition for an extension of stay
or change in the alien's authorized employment, the Secretary
shall provide a new or updated employment eligibility
document to the alien indicating the new validity date, after
which the alien is not required to retain a copy of the
petition.
``(4) Limitation on employment authorization of aliens
without valid identification and employment eligibility
document.--An expired identification and employment
eligibility document, together with a copy of a petition for
extension of stay or change in the alien's authorized
employment that complies with the requirements of paragraph
(1), shall constitute a valid work authorization document for
a period of not more than 60 days beginning on the date on
which such petition is filed, after which time only a
currently valid identification and employment eligibility
document shall be acceptable.
``(5) Limitation on an individual's stay in status.--
``(A) Maximum period.--The maximum continuous period of
authorized status as an H-2A worker (including any
extensions) is 3 years.
``(B) Requirement to remain outside the united states.--
``(i) In general.--Subject to clause (ii), in the case of
an alien outside the United States whose period of authorized
status as an H-2A worker (including any extensions) has
expired, the alien may not again apply for admission to the
United States as an H-2A worker unless the alien has remained
outside the United States for a continuous period equal to at
least \1/5\ the duration of the alien's previous period of
authorized status as an H-2A worker (including any
extensions).
``(ii) Exception.--Clause (i) shall not apply in the case
of an alien if the alien's period of authorized status as an
H-2A worker (including any extensions) was for a period of
not more than 10 months and such alien has been outside the
United States for at least 2 months during the 12 months
preceding the date the alien again is applying for admission
to the United States as an H-2A worker.
``(i) Special Rules for Aliens Employed as Sheepherders.--
Notwithstanding any other provision of the Agricultural Job
Opportunity, Benefits, and Security Act of 2004, aliens
admitted under section 101(a)(15)(H)(ii)(a) for employment as
sheepherders--
``(1) may be admitted for a period of 12 months;
``(2) may be extended for a continuous period of up to 3
years; and
``(3) shall not be subject to the requirements of
subsection (h)(5) relating to periods of absence from the
United States.
``WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT
``Sec. 218C. (a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--The
Secretary of Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting a
petitioner's failure to meet a condition specified in section
218(b), or an employer's misrepresentation of material facts
in an application under section 218(a). Complaints may be
filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing
shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was filed not later
than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor shall
conduct an investigation under this subparagraph if there is
reasonable cause to believe that such a failure or
misrepresentation has occurred.
``(B) Determination on complaint.--Under such process, the
Secretary of Labor shall provide, within 30 days after the
date such a complaint is filed, for a determination as to
whether or not a reasonable basis exists to make a finding
described in subparagraph (C), (D), (E), or (H). If the
Secretary of Labor determines that such a reasonable basis
exists, the Secretary of Labor shall provide for notice of
such determination to the interested parties and an
opportunity for a hearing on the complaint, in accordance
with section 556 of title 5, United States Code, within 60
days after the date of the determination. If such a hearing
is requested, the Secretary of Labor shall make a finding
concerning the matter not later than 60 days after the date
of the hearing. In the case of similar complaints respecting
the same applicant, the Secretary of Labor may consolidate
the hearings under this subparagraph on such complaints.
``(C) Failures to meet conditions.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
failure to meet a condition of paragraph (1)(A), (1)(B),
(1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b),
a substantial failure to meet a condition of paragraph
(1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $1,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of aliens described in section
101(a)(15)(H)(ii)(a) for a period of 1 year.
``(D) Willful failures and willful misrepresentations.--If
the Secretary of Labor finds, after notice and opportunity
for hearing, a willful failure to meet a condition of section
218(b), a willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $5,000 per violation) as the
Secretary of Labor determines to be appropriate;
``(ii) the Secretary of Labor may seek appropriate legal or
equitable relief to effectuate the purposes of subsection
(d)(1); and
``(iii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 2 years.
``(E) Displacement of united states workers.--If the
Secretary of Labor finds, after notice and opportunity for
hearing, a willful failure to meet a condition of section
218(b) or a willful misrepresentation of a material fact in
an application under section 218(a), in the course of which
failure or misrepresentation the employer displaced a United
States worker employed by the employer during the period of
employment on the employer's application under section 218(a)
or during the period of 30 days preceding such period of
employment--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $15,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 3 years.
``(F) Limitations on civil money penalties.--The Secretary
of Labor shall not
[[Page S6557]]
impose total civil money penalties with respect to an
application under section 218(a) in excess of $90,000.
``(G) Failures to pay wages or required benefits.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or
provide the housing allowance, transportation, subsistence
reimbursement, or guarantee of employment, required under
section 218A(b), the Secretary of Labor shall assess payment
of back wages, or other required benefits, due any United
States worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or other
required benefits under section 218A(b) shall be equal to the
difference between the amount that should have been paid and
the amount that actually was paid to such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218A.
``(b) Rights Enforceable by Private Right of Action.--H-2A
workers may enforce the following rights through the private
right of action provided in subsection (c), and no other
right of action shall exist under Federal or State law to
enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218A(b)(1).
``(2) The reimbursement of transportation as required under
section 218A(b)(2).
``(3) The payment of wages required under section
218A(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in
section 218A(c), compliance with which shall be governed by
the provisions of such laws.
``(5) The guarantee of employment required under section
218A(b)(4).
``(6) The motor vehicle safety requirements under section
218A(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service
to assist the parties in reaching a satisfactory resolution
of all issues involving all parties to the dispute. Upon a
filing of such request and giving of notice to the parties,
the parties shall attempt mediation within the period
specified in subparagraph (B).
``(A) Mediation services.--The Federal Mediation and
Conciliation Service shall be available to assist in
resolving disputes arising under subsection (b) between H-2A
workers and agricultural employers without charge to the
parties.
``(B) 90-day limit.--The Federal Mediation and Conciliation
Service may conduct mediation or other non-binding dispute
resolution activities for a period not to exceed 90 days
beginning on the date on which the Federal Mediation and
Conciliation Service receives the request for assistance
unless the parties agree to an extension of this period of
time.
``(C) Authorization.--There is hereby authorized to be
appropriated annually not to exceed $500,000 to the Federal
Mediation and Conciliation Service to carry out this section,
provided that, any contrary provision of law notwithstanding,
the Director of the Federal Mediation and Conciliation
Service is authorized to conduct the mediation or other
dispute resolution activities from any other appropriated
funds available to the Director and to reimburse such
appropriated funds when the funds are appropriated pursuant
to this authorization, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court
of the United States having jurisdiction of the parties,
without regard to the amount in controversy, without regard
to the citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under
this division, not later than 3 years after the date the
violation occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a
complaint based on the same violation filed with the
Secretary of Labor under subsection (a)(1) is withdrawn prior
to the filing of such action, in which case the rights and
remedies available under this subsection shall be exclusive.
``(4) Preemption of state contract rights.--Nothing in this
division shall be construed to diminish the rights and
remedies of an H-2A worker under any other Federal or State
law or regulation or under any collective bargaining
agreement, except that no court or administrative action
shall be available under any State contract law to enforce
the rights created by this division.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this
division shall be void as contrary to public policy, except
that a waiver or modification of the rights or obligations in
favor of the Secretary of Labor shall be valid for purposes
of the enforcement of this division. The preceding sentence
may not be construed to prohibit agreements to settle private
disputes or litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable under
subsection (b), it shall award actual damages, if any, or
equitable relief.
``(B) Any civil action brought under this section shall be
subject to appeal as provided in chapter 83 of title 28,
United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this section,
where a State's workers' compensation law is applicable and
coverage is provided for an H-2A worker, the workers'
compensation benefits shall be the exclusive remedy for the
loss of such worker under this section in the case of bodily
injury or death in accordance with such State's workers'
compensation law.
``(B) The exclusive remedy prescribed in subparagraph (A)
precludes the recovery under paragraph (6) of actual damages
for loss from an injury or death but does not preclude other
equitable relief, except that such relief shall not include
back or front pay or in any manner, directly or indirectly,
expand or otherwise alter or affect--
``(i) a recovery under a State workers' compensation law;
or
``(ii) rights conferred under a State workers' compensation
law.
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for
such injury or death under subsection (c) shall be tolled for
the period during which the claim for such injury or death
under such State workers' compensation law was pending. The
statute of limitations for an action for actual damages or
other equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury
or death was pending under the State workers' compensation
law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and H-2A employer reached through the mediation process
required under subsection (c)(1) shall preclude any right of
action arising out of the same facts between the parties in
any Federal or State court or administrative proceeding,
unless specifically provided otherwise in the settlement
agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this
section or any finding by the Secretary of Labor under
subsection (a)(1)(B) shall preclude any right of action
arising out of the same facts between the parties under any
Federal or State court or administrative proceeding, unless
specifically provided otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection,
includes a former employee and an applicant for employment)
because the employee has disclosed information to the
employer, or to any other person, that the employee
reasonably believes evidences a violation of section 218 or
218A or any rule or regulation pertaining to section 218 or
218A, or because the employee cooperates or seeks to
cooperate in an investigation or other proceeding concerning
the employer's compliance with the requirements of section
218 or 218A or any rule or regulation pertaining to either of
such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker
has, with just cause, filed a complaint with the Secretary of
Labor regarding a denial of the rights enumerated and
enforceable under subsection (b) or instituted, or caused to
be instituted, a private right of action under subsection (c)
regarding the denial of the rights enumerated under
subsection (b), or has testified or is about to testify in
any court proceeding brought under subsection (c).
``(e) Authorization To Seek Other Appropriate Employment.--
The Secretary of Labor and the Secretary shall establish a
process under which an H-2A worker who files a complaint
regarding a violation of subsection (d) and is otherwise
eligible to remain and work in the United States may be
allowed to seek other appropriate employment in the United
States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
[[Page S6558]]
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as its agent is fully responsible for such
application, and for complying with the terms and conditions
of sections 218 and 218A, as though the employer had filed
the application itself. If such an employer is determined,
under this section, to have committed a violation, the
penalty for such violation shall apply only to that member of
the association unless the Secretary of Labor determines that
the association or other member participated in, had
knowledge, or reason to know, of the violation, in which case
the penalty shall be invoked against the association or other
association member as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under
this section, the penalty for such violation shall apply only
to the association unless the Secretary of Labor determines
that an association member or members participated in or had
knowledge, or reason to know of the violation, in which case
the penalty shall be invoked against the association member
or members as well.
``DEFINITIONS
``Sec. 218D. For purposes of sections 218 through 218C:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 (26 U.S.C. 3121(g)). For purposes of this paragraph,
agricultural employment includes employment under section
101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--In the case of an application with respect
to 1 or more H-2A workers by an employer, the employer is
considered to `displace' a United States worker from a job if
the employer lays off the worker from a job for which the H-
2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A(h)(3)).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(6) H-2A employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2A worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary full-time employment at a place in
the United States to which United States workers can be
referred.
``(9) Lays off.--
``(A) In general.--The term `lays off', with respect to a
worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, contract impossibility (as described in
section 218A(b)(4)(D)), or temporary layoffs due to weather,
markets, or other temporary conditions; but
``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in
the case of a placement of a worker with another employer
under section 218(b)(2)(E), with either employer described in
such section) at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee accepts
the offer.
``(B) Statutory construction.--Nothing in this paragraph is
intended to limit an employee's rights under a collective
bargaining agreement or other employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of the
year; and
(B) from its nature, it may not be continuous or carried on
throughout the year.
``(12) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10
months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 218 and
inserting the following:
``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A
workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.
TITLE XLIII--MISCELLANEOUS PROVISIONS
SEC. 4301. DETERMINATION AND USE OF USER FEES.
(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of
aliens under this division, and a collection process for such
fees from employers participating in the program provided
under this division. Such fees shall be the only fees
chargeable to employers for services provided under this
division.
(b) Determination of Schedule.--
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as added by section 4201
of this division, and sufficient to provide for the direct
costs of providing services related to an employer's
authorization to employ eligible aliens pursuant to this
division, to include the certification of eligible employers,
the issuance of documentation, and the admission of eligible
aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such a
schedule, the Secretary shall comply with Federal cost
accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall publish
in the Federal Register an initial fee schedule and
associated collection process and the cost data or estimates
upon which such fee schedule is based, and any subsequent
amendments thereto, pursuant to which public comment shall be
sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision
of law, all proceeds resulting from the payment of the alien
employment user fees shall be available without further
appropriation and shall remain available without fiscal year
limitation to reimburse the Secretary, the Secretary of
State, and the Secretary of Labor for the costs of carrying
out sections 218 and 218B of the Immigration and Nationality
Act, as added by section 4201 of this division, and the
provisions of this division.
SEC. 4302. REGULATIONS.
(a) Regulations of the Secretary.--The Secretary shall
consult with the Secretary of Labor and the Secretary of
Agriculture on all regulations to implement the duties of the
Secretary under this division.
(b) Regulations of the Secretary of State.--The Secretary
of State shall consult with the Secretary, the Secretary of
Labor, and the Secretary of Agriculture on all regulations to
implement the duties of the Secretary of State under this
division.
(c) Regulations of the Secretary of Labor.--The Secretary
of Labor shall consult with the Secretary of Agriculture and
the Secretary on all regulations to implement the duties of
the Secretary of Labor under this division.
(d) Deadline for Issuance of Regulations.--All regulations
to implement the duties of the Secretary, the Secretary of
State, and the Secretary of Labor created under sections 218,
218A, 218B, and 218C of the Immigration and Nationality Act,
as added by section 4201, shall take effect on the effective
date of section 4201 and shall be issued not later than 1
year after the date of enactment of this Act.
SEC. 4303. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, sections
4201 and 4301 shall take effect 1 year after the date of
enactment of this Act.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall prepare and submit
to the appropriate committees of the Congress a report that
describes the measures being taken and the progress made in
implementing this division.
______
SA 3397. Mr. HARKIN (for himself and Mr. Inhofe) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of the measure, add the following new division:
[[Page S6559]]
DIVISION
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
1. (a) Short Title.--This Act may be cited as the `Code
Talkers Recognition Act'.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Expression of recognition.
TITLE I--SIOUX CODE TALKERS
Sec. 101. Findings.
Sec. 102. Congressional gold medal.
TITLE II--COMANCHE CODE TALKERS
Sec. 201. Findings.
Sec. 202. Congressional gold medal.
TITLE III--CHOCTAW CODE TALKERS
Sec. 301. Findings.
Sec. 302. Congressional gold medal.
TITLE IV--SAC AND FOX CODE TALKERS
Sec. 401. Findings.
Sec. 402. Congressional gold medal.
TITLE V--GENERAL PROVISIONS
Sec. 501. Definition of Indian tribe.
Sec. 502. Medals for other Code Talkers.
Sec. 503. Provisions applicable to all medals under this Act.
Sec. 504. Duplicate medals.
Sec. 505. Status as national medals.
Sec. 506. Funding.
SEC. 2. EXPRESSION OF RECOGNITION.
The purpose of the medals authorized by this Act is to
express recognition by the United States and citizens of the
United States of, and to honor, the Native American Code
Talkers who distinguished themselves in performing highly
successful communications operations of a unique type that
greatly assisted in saving countless lives and in hastening
the end of World War I and World War II.
TITLE I--SIOUX CODE TALKERS
SEC. 101. FINDINGS.
Congress finds that--
(1) Sioux Indians used their native languages, Dakota,
Lakota, and Dakota Sioux, as code during World War II;
(2) those individuals, who manned radio communications
networks to advise of enemy actions, became known as the
Sioux Code Talkers;
(3) under some of the heaviest combat action, the Code
Talkers worked around the clock to provide information that
saved the lives of many Americans in war theaters in the
Pacific and Europe, such as the location of enemy troops and
the number of enemy guns; and
(4) the Sioux Code Talkers were so successful that military
commanders credit the code with saving the lives of countless
American soldiers and being instrumental to the success of
the United States in many battles during World War II.
SEC. 102. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the
President Pro Tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of Congress, of
a gold medal of appropriate design, to each Sioux Code
Talker, including--
(1) Eddie Eagle Boy;
(2) Simon Brokenleg;
(3) Iver Crow Eagle, Sr.;
(4) Edmund St. John;
(5) Walter C. John;
(6) John Bear King;
(7) Phillip `Stoney' LaBlanc;
(8) Baptiste Pumpkinseed;
(9) Guy Rondell;
(10) Charles Whitepipe; and
(11) Clarence Wolfguts.
TITLE II--COMANCHE CODE TALKERS
SEC. 201. FINDINGS.
Congress finds that--
(1) the Japanese Empire attacked Pearl Harbor, Hawaii, on
December 7, 1941, and Congress declared war on Japan the
following day;
(2) the military code developed by the United States for
transmitting messages had been deciphered by the Axis powers,
and United States military intelligence sought to develop a
new means to counter the enemy;
(3) the Federal Government called on the Comanche Nation to
support the military effort by recruiting and enlisting
Comanche men to serve in the United States Army to develop a
secret code based on the Comanche language;
(4) at the time, the Comanches were--
(A) considered to be second-class citizens; and
(B) discouraged from using their own language;
(5) the Comanches of the 4th Signal Division became known
as the `Comanche Code Talkers' and helped to develop a code
using their language to communicate military messages during
the D-Day invasion and in the European theater during World
War II;
(6) to the frustration of the enemy, the code developed by
those Native Americans--
(A) proved to be unbreakable; and
(B) was used extensively throughout the European war
theater;
(7) the Comanche language, discouraged in the past, was
instrumental in developing 1 of the most significant and
successful military codes of World War II;
(8) the efforts of the Comanche Code Talkers--
(A) contributed greatly to the Allied war effort in Europe;
(B) were instrumental in winning the war in Europe; and
(C) their efforts saved countless lives;
(9) only 1 of the Comanche Code Talkers of World War 11
remains alive today; and
(10) the time has come for Congress to honor the Comanche
Code Talkers for their valor and service to the United
States.
SEC. 202. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the
President Pro Tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of Congress, of
a gold medal of appropriate design to each of the following
Comanche Code Talkers of World War II, in recognition of
contributions of those individuals to the United States:
(1) Charles Chibitty.
(2) Haddon Codynah.
(3) Robert Holder.
(4) Forrest Kassanovoid.
(5) Willington Mihecoby.
(6) Perry Noyebad.
(7) Clifford Otitivo.
(8) Simmons Parker.
(9) Melvin Permansu.
(10) Dick Red Elk.
(11) Elgin Red Elk.
(12) Larry Saupitty.
(13) Morris Sunrise.
(14) Willie Yackeschi.
TITLE III--CHOCTAW CODE TALKERS
SEC. 301. FINDINGS.
Congress finds that--
(1) on April 6, 1917, the United States, after
extraordinary provocations, declared war on Germany and
entered World War I, the War to End All Wars;
(2) at the time of that declaration of war, Indian people
in the United States, including members of the Choctaw
Nation, were not accorded the status of citizens of the
United States;
(3) without regard to this lack of citizenship, many
members of the Choctaw Nation joined many members of other
Indian tribes and nations in enlisting in the Armed Forces to
fight on behalf of the United States;
(4) members of the Choctaw Nation were--
(A) enlisted in the force known as the American
Expeditionary Force, which began hostile actions in France in
the fall of 1917; and
(B) incorporated in a company of Indian enlistees serving
in the 142d Infantry Company of the 36th Division;
(5) a major impediment to Allied operations in general, and
operations of the United States in particular, was the fact
that the German forces had deciphered all codes used for
transmitting information between Allied commands, leading to
substantial loss of men and materiel during the first year in
which the military of the United States engaged in combat in
World War I;
(6) because of the proximity and static nature of the
battle lines, a method to communicate without the knowledge
of the enemy was needed;
(7) a commander of the United States realized the fact that
he had under his command a number of men who spoke a native
language;
(8) while the use of such native languages was discouraged
by the Federal Government, the commander sought out and
recruited 18 Choctaw Indians to assist in transmitting field
telephone communications during an upcoming campaign;
(9) because the language used by the Choctaw soldiers in
the transmission of information was not based on a European
language or on a mathematical progression, the Germans were
unable to understand any of the transmissions;
(10) the Choctaw soldiers were placed in different command
positions to achieve the widest practicable area for
communications;
(11) the use of the Choctaw Code Talkers was particularly
important in--
(A) the movement of American soldiers in October of 1918
(including securing forward and exposed positions);
(B) the protection of supplies during American action
(including protecting gun emplacements from enemy shelling);
and
(C) in the preparation for the assault on German positions
in the final stages of combat operations in the fall of 1918;
(12) in the opinion of the officers involved, the use of
Choctaw Indians to transmit information in their native
language saved men and munitions, and was highly successful;
(13) based on that successful experience, Choctaw Indians
were withdrawn from frontline units for training in
transmission of codes so as to be more widely used when the
war came to an end;
(14) the Germans never succeeded in breaking the Choctaw
code;
(15) that was the first time in modern warfare that the
transmission of messages in a Native American language was
used for the purpose of confusing the enemy;
(16) this action by members of the Choctaw Nation--
(A) is another example of the commitment of Native
Americans to the defense of the United States; and
(B) adds to the proud legacy of such service; and
(17) the Choctaw Nation has honored the actions of those 18
Choctaw Code Talkers through a memorial bearing their names
located at the entrance of the tribal complex in Durant,
Oklahoma.
SEC. 302. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the
President Pro Tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design honoring the Choctaw
Code Talkers.
TITLE IV--SAC AND FOX CODE TALKERS
SEC. 401. FINDINGS.
Congress finds that--
[[Page S6560]]
(1) Sac and Fox Indians used their native language,
Meskwaki to transmit military code during World War II;
(2) those individuals, who manned radio communications
networks to advise of enemy actions, became known as the Sac
and Fox Code Talkers; and
(3) under heavy combat action, the Code Talkers worked
without sleep to provide information that saved the lives of
many Americans.
SEC. 402.
The Speaker of the House of Representatives and the
President Pro Tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of Congress, of
a gold medal of appropriate design to each of the following
Sac and Fox Code Talkers of World War II, in recognition of
contributions of those individuals to the United States:
(1) Frank Sanache.
(2) Willard Sanache.
(3) Dewey Youngbear.
(4) Edward Benson.
(5) Judie Wayne Wabaunasee.
(6) Mike Wayne Wabaunasee.
(7) Dewey Roberts.
(8) Melvin Twin.
TITLE V--GENERAL PROVISIONS
SEC. 501. DEFINITION OF INDIAN TRIBE.
In this title, the term `Indian tribe' has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 4506).
SEC. 502. MEDALS FOR OTHER CODE TALKERS.
(a) Presentation Authorized.--In addition to the gold
medals authorized to be presented under sections 102, 202,
and 302, the Speaker of the House of Representatives and the
President Pro Tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of Congress, of
a gold medal of appropriate design to any other Native
American Code Talker identified by the Secretary of Defense
under subsection (b) who has not previously received a
congressional gold medal.
(b) Identification of Other Native American Code Talkers.--
(1) In general.--Any Native American member of the United
States Armed Forces who served as a Code Talker in any
foreign conflict in which the United States was involved
during the 20th Century shall be eligible for a gold medal
under this section.
(2) Determination.--The Secretary of Defense shall--
(A) determine eligibility under paragraph (1); and
(B) not later than 120 days after the date of enactment of
this Act, establish a list of the names of individuals
eligible to receive a medal under paragraph (1).
SEC. 503. PROVISIONS APPLICABLE TO ALL MEDALS UNDER THIS ACT.
(a) Medals Awarded Posthumously.--A medal authorized by
this Act may be awarded posthumously on behalf of, and
presented to the next of kin or other representative of, a
Native American Code Talker.
(b) Design and Striking.--
(1) In general.--For purposes of any presentation of a gold
medal under this Act, the Secretary of the Treasury shall
strike gold medals with suitable emblems, devices, and
inscriptions, to be determined by the Secretary of the
Treasury.
(2) Designs Emblematic of Tribal Affiliation.--The design
of the gold medals struck under this Act for Native American
Code Talkers who are members of the same Indian tribe shall
be emblematic of the participation of the Code Talkers of
that Indian tribe.
SEC. 504. DUPLICATE MEDALS.
The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medals struck under this
Act--
(1) in accordance with such regulations as the Secretary
may promulgate; and
(2) at a price sufficient to cover the costs of the medals
(including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the bronze medal).
SEC. 505. STATUS AS NATIONAL MEDALS.
A medal struck under this Act shall be considered to be a
national medal for the purpose of chapter 51 of title 31,
United States Code.
SEC. 506. FUNDING.
(a) Authority To Use Fund Amounts.--There is authorized to
be charged against the United States Mint Public Enterprise
Fund such amounts as are necessary to strike and award medals
authorized by this Act.
(b) Proceeds of Sale.--All amounts received from the sale
of duplicate bronze medals under section 404 shall be
deposited in the United States Mint Public Enterprise Fund.
______
SA 3398. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 408, between lines 9 and 10, insert the following:
SEC. 3147. HAZARDOUS MATERIALS MANAGEMENT AND EMERGENCY
RESPONSE TRAINING AND EDUCATION CENTER.
(a) Transfer of Responsibility for Management and
Operations.--(1) The Secretary of Energy shall transfer to
the Office of Energy Assurance of the Department of Energy
responsibility for the management and operations of the
Hazardous Materials Management and Emergency Response
Training and Education Center (referred to in this section as
``HAMMER'') authorized under section 3142 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1948).
(2) The Secretary of Energy shall ensure that the Office of
Energy Assurance carries out the worker safety and health
training programs, including computer-based, hands-on, and
simulation training, that are conducted at HAMMER in support
of cleanup efforts at the Hanford Site, Richland, Washington.
(3) The Secretary of Energy may enter into partnering
arrangements with other Federal and non-Federal entities to
use excess capacities and develop new homeland security,
environmental, and health and safety capabilities at HAMMER.
Activities under such arrangements may include the
establishment and operation of a training center of
excellence at HAMMER.
(b) Funding.--Of the amounts authorized to be appropriated
by section 3102 for environmental management activities,
$6,000,000 shall be made available in fiscal year 2005 for
the Office of Energy Assurance for carrying out activities
under this section.
______
SA 3399. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 296, between lines 14 and 15, insert the following:
TITLE XIII--VETERANS' ENHANCED TRANSITION SERVICES
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Veterans' Enhanced
Transition Services Act of 2004''.
SEC. 1302. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE
PROGRAMS.
(a) Preseparation Counseling.--(1) Subsection (a) of
section 1142 of title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``shall provide for
individual separation counseling'' and inserting ``shall
provide individual separation counseling'';
(B) by redesignating paragraph (4) as paragraph (6); and
(C) by inserting after paragraph (3) the following new
paragraphs:
``(4) For members of the reserve components who have been
serving on active duty continuously for at least 180 days,
the Secretary concerned shall require that preseparation
counseling under this section be provided to all such members
(including officers) before the members are separated.
``(5) The Secretary concerned shall ensure that commanders
of members entitled to services under this section authorize
the members to obtain such services during duty time.''.
(2) Subsection (b)(4) of such section 1142 is amended by
striking ``(4) Information concerning'' and inserting the
following:
``(4) Provide information on civilian occupations and
related assistance programs, including information about--
``(A) certification and licensure requirements that are
applicable to civilian occupations;
``(B) civilian occupations that correspond to military
occupational specialties; and
``(C)''.
(3) Section 1142 of such title is further amended by adding
at the end the following new subsections:
``(c) Additional Requirements.--(1) The Secretary concerned
shall ensure that--
``(A) preseparation counseling under this section includes
material that is specifically relevant to the needs of
persons being separated from active duty by discharge from a
regular component of the armed forces and the needs of
members of the reserve components being separated from active
duty;
``(B) the locations at which preseparation counseling is
presented to eligible personnel include--
``(i) inpatient medical care facilities of the uniformed
services where such personnel are receiving inpatient care;
and
``(ii) in the case of a member on the temporary disability
retired list under section 1202 or 1205 of this title who is
being retired under another provision of this title or is
being discharged, a location reasonably convenient to the
member.
``(C) the scope and content of the material presented in
preseparation counseling at each location under this section
are consistent with the scope and content of the material
presented in the preseparation counseling at the other
locations under this section; and
``(D) followup counseling is provided for each member of
the reserve components described in subparagraph (A) not
later than 180 days after separation from active duty.
``(2) The Secretary concerned shall, on a continuing basis,
update the content of the materials used by the National
Veterans Training Institute and such officials' other
activities that provide direct training support to personnel
who provide preseparation counseling under this section.
[[Page S6561]]
``(d) National Guard Members on Duty in State Status.--(1)
Members of the National Guard being separated from long-term
duty to which ordered under section 502(f) of title 32 shall
also be provided preseparation counseling under this section
to the same extent that members of the reserve components
being discharged or released from active duty are provided
preseparation counseling under this section.
``(2) The preseparation counseling provided personnel under
paragraph (1) shall include material that is specifically
relevant to the needs of such personnel as members of the
National Guard.
``(3) The Secretary of Defense shall prescribe in
regulations the standards for determining long-term duty for
the purposes of paragraph (1).''.
(4)(A) The heading for section 1142 of such title is
amended to read as follows:
``Sec. 1142. Members separating from active duty:
preseparation counseling''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 58 of such title is
amended to read as follows:
``1142. Members separating from active duty: preseparation counseling.
(b) Department of Labor Transitional Services Program.--(1)
Subsection (c) of section 1144 of title 10, United States
Code, is amended to read as follows:
``(c) Participation.--(1) Subject to paragraph (2), the
Secretary of Defense and the Secretary of Homeland Security
shall require participation by members of the armed forces
eligible for assistance under the program carried out under
this section.
``(2) The Secretary of Defense and the Secretary of
Homeland Security need not require, but shall encourage and
otherwise promote, participation in the program by the
following members of the armed forces described in paragraph
(1):
``(A) Each member who has previously participated in the
program.
``(B) Each member who, upon discharge or release from
active duty, is returning to--
``(i) a position of employment previously held by such
member; or
``(ii) pursuit of an academic degree or other educational
or occupational training objective that the member was
pursuing when called or ordered to such active duty.''.
(2) Subsection (a)(1) of such section is amended by
striking ``paragraph (4)(A)'' in the second sentence and
inserting ``paragraph (6)(A)''.
(c) Study on Coordination of Job Training and Certification
Standards.--The Secretary of Defense and the Secretary of
Labor shall jointly carry out a study to determine ways to
coordinate the standards applied by the Armed Forces for the
training and certification of members of the Armed Forces in
military occupational specialties with the standards that are
applied to corresponding civilian occupations by occupational
licensing or certification agencies of governments and
occupational certification agencies in the private sector.
SEC. 1303. BENEFITS DELIVERY AT DISCHARGE PROGRAMS.
(a) Plan for Maximum Access to Benefits.--The Secretary of
Defense, the Secretary of Homeland Security, and the
Secretary of Veterans Affairs shall jointly submit to
Congress a plan to maximize access to benefits delivery at
discharge programs for members of the Armed Forces. The plan
shall include a description of efforts to ensure that
services under such programs are provided to the maximum
extent practicable--
(1) at each installation and inpatient medical care
facility of the uniformed services at which personnel
eligible for assistance under the programs are discharged
from the armed forces; and
(2) in the case of a member on the temporary disability
retired list under section 1202 or 1205 of title 10, United
States Code, who is being retired under another provision of
such title or is being discharged, at a location reasonably
convenient to the member.
(b) Benefits Delivery of Discharge Programs Defined.--In
this section, the term ``benefits delivery at discharge
program'' means a program administered jointly by the
Secretary of Defense and the Secretary of Veterans Affairs to
provide information and assistance on available benefits
together with other transition assistance to members of the
Armed Forces who are separating from the Armed Forces,
including assistance to obtain any disability benefits for
which eligible.
SEC. 1304. POST-DEPLOYMENT MEDICAL ASSESSMENT AND SERVICES.
(a) Improvement of Medical Tracking System for Members
Deployed Overseas.--(1) Section 1074f of title 10, United
States Code, is amended--
(A) in subsection (b), by striking ``(including an
assessment of mental health'' and inserting ``(which shall
include mental health screening and assessment'';
(B) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(C) by inserting after subsection (b) the following new
subsections:
``(c) Medical Examinations.--(1) The Secretary of Defense
shall prescribe the minimum content and standards that apply
for the medical examinations required under this section. The
Secretary shall ensure that the content and standards
prescribed under the preceding sentence are applied uniformly
at all installations and medical facilities of the armed
forces where medical examinations required under this section
are performed for members of the armed forces returning from
a deployment as described in subsection (a).
``(2) An examination consisting solely or primarily of an
assessment questionnaire completed by a member does not meet
the requirements of this subsection for a medical examination
and does not meet the requirements of this section for an
assessment.
``(3) The content and standards prescribed under paragraph
(1) for mental health screening and assessment shall include
content and standards for screening mental health disorders,
and in the case of acute post-traumatic stress disorder and
delayed onset post-traumatic stress disorder, shall
specifically include questions to identify stressors
experienced by members that have the potential to lead to
post-traumatic stress disorder.
``(4) An examination of a member required under this
section may not be waived by the Secretary (or any official
exercising the Secretary's authority under this section) or
by the member.
``(d) Followup Services.--(1) The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
ensure that appropriate actions are taken to assist a member
who, as a result of a post-deployment medical examination
carried out under the system established under this section,
receives an indication for a referral for followup treatment
from the health care provider who performs the examination.
``(2) Assistance required to be provided a member under
paragraph (1) includes the following:
``(A) Information regarding, and any appropriate referral
for, care and treatment and other services that the Secretary
of Defense or the Secretary of Veterans Affairs may provide
such member under any other provision of law, as follows:
``(i) Clinical services, including counseling and treatment
for post-traumatic stress disorder and other mental health
conditions.
``(ii) Any other care, treatment, and services.
``(B) Information on the private sector sources of
treatment that are available to the member in the member's
community
``(C) Assistance to enroll in the Department of Veterans
Affairs health care system for health care benefits for which
the member is eligible under laws administered by the
Secretary of Veterans Affairs.''.
(2) In the development of questions regarding stressors to
include in assessments under subsection (c)(3) of section
1074f of title 10, United States Code (as added by paragraph
(1)), consideration shall be given to using the same
questions as those that were included in the post-deployment
assessment questionnaire that was used in post-deployment
assessments under such section in May 2004 or similar
questions.
(b) Report on PTSD Cases.--(1) The Secretary of Defense and
the Secretary of Veterans Affairs shall jointly submit to
Congress a report on the services provided members and former
members of the Armed Forces who experience post-traumatic
stress disorder (and related conditions) associated with
service in the Armed Forces.
(2) The report under paragraph (1) shall include the
following information:
(A) The number of persons treated.
(B) The types of interventions.
(C) The programs that are in place for each of the Armed
Forces to identify and treat cases of post-traumatic stress
disorder and related conditions.
SEC. 1305. ACCESS OF MILITARY AND VETERANS SERVICE AGENCIES
AND ORGANIZATIONS.
(a) Department of Defense.--(1) Chapter 58 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1154. Veteran-to-veteran preseparation counseling
``(a) Cooperation Required.--The Secretary of Defense shall
carry out a program to facilitate the access of
representatives of military and veterans' service
organizations and representatives of veterans' services
agencies of States to provide preseparation counseling and
services to members of the armed forces who are scheduled, or
are in the process of being scheduled, for discharge, release
from active duty, or retirement.
``(b) Required Program Element.--The program under this
section shall provide for representatives of military and
veterans' service organizations and representatives of
veterans' services agencies of States to be invited to
participate in the preseparation counseling and other
assistance briefings provided to members under the programs
carried out under sections 1142 and 1144 of this title and
the benefits delivery at discharge programs.
``(c) Locations.--The program under this section shall
provide for access to members--
``(1) at each installation of the armed forces;
``(2) at each inpatient medical care facility of the
uniformed services administered under chapter 55 of this
title; and
``(3) in the case of a member on the temporary disability
retired list under section 1202 or 1205 of this title who is
being retired under another provision of this title or is
being discharged, at a location reasonably convenient to the
member.
``(d) Consent of Members Required.--Access to a member of
the armed forces under the program under this section is
subject to the consent of the member.
``(e) Definitions.--In this section:
[[Page S6562]]
``(1) The term `benefits delivery at discharge program'
means a program administered jointly by the Secretary of
Defense and the Secretary of Veterans Affairs to provide
information and assistance on available benefits and other
transition assistance to members of the armed forces who are
separating from the armed forces, including assistance to
obtain any disability benefits for which eligible.
``(2) The term `veterans' service organization' means an
organization that is recognized by the Secretary of Veterans
Affairs for the representation of veterans under section 5902
of title 38.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1154. Veteran-to-veteran preseparation counseling.''.
(b) Department of Veterans Affairs.--(1) Subchapter 1 of
chapter 17 of title 38, United States Code, is amended by
adding at the end the following new section:
``Sec. 1709. Veteran-to-veteran counseling
``(a) Cooperation Required.--The Secretary shall carry out
a program to facilitate the access of representatives of
military and veterans' service organizations and
representatives of veterans' services agencies of States to
veterans furnished care and services under this chapter to
provide information and counseling to such veterans on the
care and services authorized by this chapter and on other
benefits and services available under the laws administered
by the Secretary.
``(b) Facilities Covered.--The program under this section
shall provide for access to veterans described in subsection
(a) at each facility of the Department or non-Department
facility at which the Secretary furnishes care and services
under this chapter.
``(c) Consent of Veterans Required.--Access to a veteran
under the program under this section is subject to the
consent of the veteran.
``(d) Veterans' Service Organization Defined.--In this
section, the term `veterans' service organization' means an
organization that is recognized by the Secretary for the
representation of veterans under section 5902 of this
title.''.
(2) The table of sections at the beginning of that chapter
is amended by inserting after the item relating to section
1708 the following new item:
``1709. Veteran-to-veteran counseling.''.
SEC. 1306. COLLEGE CREDIT FOR SERVICE IN ARMED FORCES.
(a) Requirement for Program.--Chapter 58 of title 10,
United States Code, as amended by section 1305(a), is further
amended by adding at the end the following new section:
``Sec. 1155. College credit for training in the armed forces
``The Secretary of Defense shall carry out a program to
assist members of the armed forces being discharged, released
from active duty, or retired to obtain college credit for
training received as a member of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as amended by section 1305(a)(2),
is amended by adding at the end the following new item:
``1155. College credit for training in the armed forces.''.
______
SA 3400. Mr. FEINGOLD (for himself, Mrs. Murray, Mr. Corzine, and Mr.
Dayton) submitted an amendment intended to be proposed by him to the
bill S. 2400, to authorize appropriations for fiscal year 2005 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 131, between lines 17 and 18, insert the following:
Subtitle F--Leave for Military Families
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ``Military Families Leave
Act of 2004''.
SEC. 662. GENERAL REQUIREMENTS FOR LEAVE.
(a) Entitlement to Leave.--Section 102(a) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by
adding at the end the following:
``(3) Entitlement to leave due to family member's active
duty.--
``(A) In general.--Subject to section 103(f), an eligible
employee shall be entitled to a total of 12 workweeks of
leave during any 12-month period because a spouse, son,
daughter, or parent of the employee is a member of the Armed
Forces--
``(i) on active duty in support of a contingency operation;
or
``(ii) notified of an impending call or order to active
duty in support of a contingency operation.
``(B) Conditions and time for taking leave.--An eligible
employee shall be entitled to take leave under subparagraph
(A)--
``(i) while the employee's spouse, son, daughter, or parent
(referred to in the subparagraph as the `family member') is
on active duty in support of a contingency operation, and, if
the family member is a member of a reserve component of the
Armed Forces, beginning when such family member receives
notification of an impending call or order to active duty in
support of a contingency operation; and
``(ii) only for issues directly relating to or resulting
from such family member's--
``(I) service on active duty in support of a contingency
operation; and
``(II) if a member of a reserve component of the Armed
Forces--
``(aa) receipt of notification of an impending call or
order to active duty in support of a contingency operation;
and
``(bb) service on active duty in support of such operation.
``(4) Limitation.--No employee may take more than a total
of 12 workweeks of leave under paragraphs (1) and (3) during
any 12-month period.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by inserting after the second sentence
the following: ``Leave under subsection (a)(3) may be taken
intermittently or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2)(A) of
such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting
``or subsection (a)(3)'' after ``subsection (a)(1)''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e))
is amended by adding at the end the following:
``(3) Notice for leave due to family member's active
duty.--An employee who intends to take leave under subsection
(a)(3) shall provide such notice to the employer as is
practicable.''.
(e) Certification.--Section 103 of such Act (29 U.S.C.
2613) is amended by adding at the end the following:
``(f) Certification for Leave Due to Family Member's Active
Duty.--An employer may require that a request for leave under
section 102(a)(3) be supported by a certification issued at
such time and in such manner as the Secretary may by
regulation prescribe.''.
(f) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall prescribe
such regulations as are necessary to implement the amendments
made by this section.
SEC. 663. LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) Entitlement to Leave.--Section 6382(a) of title 5,
United States Code, is amended by adding at the end the
following:
``(3)(A) Subject to section 6383(f), an eligible employee
shall be entitled to a total of 12 workweeks of leave during
any 12-month period because a spouse, son, daughter, or
parent of the employee is a member of the Armed Forces--
``(i) on active duty in support of a contingency operation;
or
``(ii) notified of an impending call or order to active
duty in support of a contingency operation.
``(B) An eligible employee shall be entitled to take leave
under subparagraph (A)--
``(i) while the employee's spouse, son, daughter, or parent
(referred to in the subparagraph as the `family member') is
on active duty in support of a contingency operation, and, if
the family member is a member of a reserve component of the
Armed Forces, beginning when such family member receives
notification of an impending call or order to active duty in
support of a contingency operation; and
``(ii) only for issues directly relating to or resulting
from such family member's--
``(I) service on active duty in support of a contingency
operation; and
``(II) if a member of a reserve component of the Armed
Forces--
``(aa) receipt of notification of an impending call or
order to active duty in support of a contingency operation;
and
``(bb) service on active duty in support of such operation.
``(4) No employee may take more than a total of 12
workweeks of leave under paragraphs (1) and (3) during any
12-month period.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended
by inserting after the second sentence the following: ``Leave
under subsection (a)(3) may be taken intermittently or on a
reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 6382(d) of such
title is amended by inserting ``or subsection (a)(3)'' after
``subsection (a)(1)''.
(d) Notice.--Section 6382(e) of such title is amended by
adding at the end the following:
``(3) An employee who intends to take leave under
subsection (a)(3) shall provide such notice to the employing
agency as is practicable.''.
(e) Certification.--Section 6383 of such title is amended
by adding at the end the following:
``(f) An employing agency may require that a request for
leave under section 6382(a)(3) be supported by a
certification issued at such time and in such manner as the
Office of Personnel Management may by regulation
prescribe.''.
(f) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of
Personnel Management shall prescribe regulations necessary to
implement the amendments made by this section. The
regulations prescribed under this subsection shall, to the
extent appropriate, be consistent with the regulations
prescribed by the Secretary of Labor under section 663(f).
SEC. 664. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect 180
days after the date of enactment of this Act.
______
SA 3401. Mr. DODD (for himself and Mr. DeWine) submitted an amendment
[[Page S6563]]
intended to be proposed by him to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the end, insert the following:
DIVISION D--ASSISTANCE TO FIREFIGHTERS
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Assistance to
Firefighters Act of 2004''.
SEC. 4002. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR
FIREFIGHTER ASSISTANCE PROGRAM.
(a) In General.--Subsection (b)(1) of section 33 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229) is amended by striking ``Director'' in the matter
preceding subparagraph (A) and inserting ``Secretary of
Homeland Security, in consultation with the Administrator,''.
(b) Conforming Amendment.--Such section is further amended
by striking ``Director'' each place it appears and inserting
``Secretary of Homeland Security''.
(c) Technical Amendment.--The heading of subsection (b)(8)
of such section is amended by striking ``Director'' and
inserting ``Secretary''.
SEC. 4003. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE
ORGANIZATIONS.
(a) Authority To Award Grants to Volunteer Emergency
Medical Service Squads.--Paragraph (1)(A) of section 33(b) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229(b)) is amended by inserting ``or to volunteer
emergency medical service organizations'' after ``fire
departments''.
(b) Use of Grant Funds.--Paragraph (3)(F) of such section
is amended by inserting ``or volunteer emergency medical
service organizations that are not affiliated with a for-
profit entity'' after ``fire departments''.
(c) Special Rule for Applications for Volunteer Emergency
Medical Services.--Paragraph (5) of such section is amended
by adding at the end, the following new subparagraph:
``(C) Special rule for volunteer emergency medical
services.--The Secretary of Homeland Security shall permit an
applicant seeking grant funds for volunteer emergency medical
services under paragraph (3)(F) to use the same application
form to seek grant funds for one or more of the other
purposes set out in subparagraphs (A) through (O) of
paragraph (3).''.
SEC. 4004. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR
DEVICES.
Paragraph (3) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is
amended by adding at the end the following new subparagraph:
``(O) To obtain automated external defibrillator
devices.''.
SEC. 4005. CRITERIA FOR REVIEWING GRANT APPLICATIONS.
Paragraph (2) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is
amended to read as follows:
``(2) Criteria and review of applications.--
``(A) Preliminary review criteria.--
``(i) In general.--The Secretary of Homeland Security shall
establish specific criteria for the preliminary review of an
application submitted under this section. If an application
does not meet such criteria, the application may not receive
further consideration for a grant under this section.
``(ii) Annual review of criteria.--Not less often than once
each year, the Secretary of Homeland Security, in
consultation with the Administrator, shall convene a meeting
of individuals who are members of a fire service and are
recognized for expertise in firefighting or in emergency
medical services provided by fire services, and who are not
employees of the Federal Government for the purpose of
reviewing and proposing changes to the criteria established
under clause (i).
``(B) Selection through review by experts.--
``(i) Requirement for review.--The Secretary of Homeland
Security shall award grants under this section based on the
review of applications for such grants by a panel of fire
service personnel appointed by a national organization
recognized for expertise in the operation and administration
of fire services.
``(ii) Role of the secretary.--The Secretary of Homeland
Security shall provide for the administration of the review
panel described in clause (i) and shall ensure that an
individual appointed to such panel is a recognized expert in
firefighting, medical services provided by fire services,
fire prevention, or research on firefighter safety.''.
SEC. 4006. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY
PROGRAMS.
(a) Authority.--Paragraph (1)(B) of section 33(b) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)) is amended by inserting ``and firefighter safety''
after ``prevention''.
(b) Expansion of Existing Program.--
(1) Firefighter safety assistance.--Paragraph (4) of such
section is amended--
(A) in subparagraph (A)(ii), by striking ``organizations
that are recognized'' and all that follows and inserting
``organizations eligible under subparagraph (B) for the
purposes described in subparagraph (C).''; and
(B) by striking subparagraph (B), and inserting the
following new subparagraphs:
``(B) Eligibility for assistance.--An organization may be
eligible for assistance under subparagraph (A)(ii), if such
organization is a national, State, local, or community
organization that is not a fire service and that is
recognized for experience and expertise with respect to
programs and activities that promote--
``(i) fire prevention or fire safety; or
``(ii) the health and safety of firefighting personnel.
``(C) Use of funds.--Assistance provided under subparagraph
(A)(ii) shall be used--
``(i) to carry out fire prevention programs; or
``(ii) to fund research to improve the health and safety of
firefighting personnel.
``(D) Priority.--In selecting organizations described in
subparagraph (B) to receive assistance under this paragraph,
the Secretary of Homeland Security shall give priority--
``(i) to organizations that focus on preventing injuries
from fire to members of groups at high risk of such injuries,
with an emphasis on children; and
``(ii) to organizations that focus on researching methods
to improve the health and safety of firefighting personnel.
``(E) Allocation of funds.--Not less than 66 percent of the
total amount of funds made available in a fiscal year to
carry out this paragraph shall be made available of the
programs described in subparagraph (A)(ii).''.
(2) Conforming amendment.--The heading of such paragraph is
amended to read as follows:
``(4) Fire prevention and firefighter safety programs.--''.
(c) Availability of Funds for Fire Prevention and
Firefighter Safety Programs.--Paragraph (4)(A) of such
section, as amended by subsection (b), is further amended in
the matter preceding clause (i), by striking ``5 percent''
and inserting ``6 percent''.
SEC. 4007. ASSISTANCE FOR APPLICATIONS.
Paragraph (5) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)), as
amended by section 3(c), is further amended by adding at the
end the following new subparagraph:
``(D) Assistance to prepare an application.--The Secretary
of Homeland Security shall provide assistance with the
preparation of applications for grants under this section.''.
SEC. 4008. REDUCED REQUIREMENTS FOR MATCHING FUNDS.
(a) Amount Required.--Paragraph (6) of section 33(b) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)) is amended by striking subparagraphs (A) and (B) and
inserting the following:
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary of Homeland Security may provide assistance
under this subsection only if the applicant for such
assistance agrees to match 20 percent of such assistance for
any fiscal year with an equal amount of non-Federal funds.
``(B) Requirement for small community organizations.--In
the case of an applicant whose personnel--
``(i) serve jurisdictions of 50,000 or fewer residents, the
percent applied under the matching requirement of
subparagraph (A) shall be 10 percent; or
``(ii) serve jurisdictions of 20,000 or fewer residents,
the percent applied under the matching requirement of
subparagraph (A) shall be 5 percent.''.
(b) Exception.--Such paragraph, as amended by subsection
(a), is further amended by adding at the end the following
new subparagraph:
``(C) Exception.--No matching funds may be required under
this subsection for assistance provided under subparagraph
(A)(ii) of paragraph (4) to an organization described in
subparagraph (B) of such paragraph.''.
(c) Special Rule for Requests for Automated External
Defibrillator Devices.--Section 33(b) of such Act is further
amended by adding at the end the following new paragraph:
``(13) Special rules for grants for automated external
defibrillator devices.--
``(A) Limitations.--The Secretary of Homeland Security
shall reduce the percentage of non-Federal matching funds for
a grant as described in subparagraph (B) if--
``(i) the applicant is requesting grant funds to obtain one
or more automated external defibrillator devices, as
authorized by paragraph (3)(O);
``(ii) the award of such grant will result in the applicant
possessing exactly one such device for each first-due
emergency vehicle operated by the applicant;
``(iii) the applicant certifies to the Secretary of
Homeland Security that the applicant possesses, at the time
such application is filed, a number of such devices that is
less than the number of first-due emergency vehicles operated
by the applicant and that the applicant is capable of
storing, in a manner conducive to rapid use, such devices on
each such vehicle; and
``(iv) the applicant has not previously received a grant
under this subsection to obtain such devices.
``(B) Matching requirements.--If an applicant meets the
criteria set out in clauses (i), (ii), (iii), and (iv) of
subparagraph (A), the Secretary of Homeland Security shall
reduce the percentage of non-Federal matching
[[Page S6564]]
funds required by paragraph (6) by 2 percentage points for
all assistance requested in the application submitted by such
applicant.
``(C) First-due defined.--In this paragraph, the term
`first-due' means the firefighting and emergency medical
services vehicles that are utilized by a fire service for
immediate response to an emergency situation.''.
SEC. 4009. GRANT RECIPIENT LIMITATIONS.
(a) Limitations on Grant Amounts.--Subparagraph (A) of
section 33(b)(10) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229(b)(10)) is amended to read as
follows:
``(A) Limitations on grant amount.--
``(i) General limitation.--Subject to clause (ii), a
recipient of assistance under this section may not receive in
a fiscal year an amount of such assistance that exceeds the
greater of $2,250,000 or the amount equal to 0.5 percent of
the total amount of funds appropriated for such assistance
for such fiscal year.
``(ii) Limitations on basis of population.--Subject to
clause (iii), a recipient of assistance under this section
that serves a jurisdiction of less than 1,000,000 individuals
may not receive more than $1,500,000 of such assistance for a
fiscal year, except that such a recipient that serves a
jurisdiction of less than 500,000 individuals may not receive
more than $1,000,000 of such assistance during a fiscal year.
``(iii) Waiver.--With respect to assistance provided in a
fiscal year before fiscal year 2007, the Secretary of
Homeland Security, in consultation with the Administrator,
may waive the limitations set out in clause (ii) if the
Secretary determines that a waiver is warranted by an
extraordinary need for assistance for fire suppression
activities by a jurisdiction, whether such need is caused by
the likelihood of terrorist attack, natural disaster,
destructive fires occurring over a large geographic area, or
some other cause.''.
(b) Limitations on Grants for Volunteer Emergency Medical
Services.--Such section, as amended by subsection (a), is
further amended by adding at the end the following new
subparagraph:
``(C) Limitations on expenditures for volunteer emergency
medical services.--Not more than 3.5 percent of the funds
appropriated to provide grants under this section for a
fiscal year may be awarded to volunteer emergency medical
service organizations.''.
SEC. 4010. OTHER CONSIDERATIONS.
Section 33(b) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229(b)), as amended by section 8, is
amended by adding at the end the following new paragraph:
``(14) Other considerations.--In providing assistance under
this section, the Secretary of Homeland Security shall--
``(A) consider the extent to which the recipient of such
assistance is able to enhance the daily operations of a fire
service and to improve the protection of people and property
from fire; and
``(B) ensure that such assistance awarded to a volunteer
emergency medical service organization will not be used to
provide emergency medical services in a geographic area if
such services are adequately provided by a fire service in
such area.''.
SEC. 4011. REPORTS TO CONGRESS.
(a) Study and Report on Assistance to Firefighters.--
(1) Study.--The Secretary, in conjunction with the National
Fire Protection Association, shall conduct a study--
(A) to assess the types of activities that are carried out
by fire services;
(B) to determine whether the level of Federal funding made
available to fire services is adequate;
(C) to assess categories of services, including emergency
medical services, that are not adequately provided by fire
services on either the national or State level; and
(D) to measure the effect, if any, of the assistance
provided under section 33 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229) on the needs of fire
services identified in the report submitted to Congress under
section 1701(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-363).
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the findings of the study described in paragraph
(1).
(b) Report by GAO.--Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on--
(1) the administration of the assistance provided under
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229); and
(2) the success of the Secretary in administering the
Federal Emergency Management Agency.
(c) Report on Waiver of Amount Limitations.--Not later than
18 months after the date of the enactment of this Act, the
Secretary shall submit to Congress a report on the instances,
if any, of the use of the waiver authority set out in section
33(b)(10)(A)(iii) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229(b)(10)(A)(iii)), as added by
section 9.
(d) Definitions.--In this section:
(1) Fire service.--The term ``fire service'' has the
meaning given that term in section 4 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4012. TECHNICAL CORRECTIONS.
(a) Repeal of Duplicative Definition.--Subsection (d) of
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229) is repealed.
(b) Redesignations Necessitated by Duplicative Numbering.--
The sections 33 and 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2230 and 2231) that were added
by sections 105 and 106 of Public Law 106-503 (114 Stat.
2301) are redesignated as sections 34 and 35, respectively.
SEC. 4013. AUTHORIZATION OF APPROPRIATIONS.
(a) Firefighter Assistance Programs.--Section 33(e) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(e)) is amended by striking the first sentence and
inserting ``There are authorized to be appropriated for the
purposes of this section $900,000,000 for fiscal year 2005,
$950,000,000 for fiscal year 2006, and $1,000,000,000 for
each of the fiscal years 2007 through 2010.''.
(b) Study on Assistance to Firefighters.--There are
authorized to be appropriated to the Secretary of Homeland
Security $300,000 for fiscal year 2005 to carry out the
requirements of section 4011(a).
______
SA 3402. Mr. GRASSLEY (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 272, after the matter following line 18, insert the
following:
SEC. 1055. DRUG ERADICATION EFFORTS IN AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) The United States engaged in military action against
the Taliban-controlled Government of Afghanistan in 2001 in
direct response to the Taliban's support and aid to Al Qaeda.
(2) The military action against the Taliban in Afghanistan
was designed, in part, to disrupt the activities of, and
financial support for, terrorists.
(3) A greater percentage of the world's opium supply is now
produced in Afghanistan than before the Taliban banned the
cultivation or trade of opium.
(4) In 2004, more than two years after the Taliban was
forcefully removed from power, Afghanistan is supplying
approximately 75 percent of the world's heroin.
(5) The estimated value of the opium harvested in
Afghanistan in 2003 was $2,300,000,000.
(6) Some of the profits associated with opium harvested in
Afghanistan continue to fund terrorists and terrorist
organizations, including Al Qaeda, that seek to attack the
United States and United States interests.
(7) The global war on terror is and should remain our
Nation's highest national security priority.
(8) United States and Coalition counterdrug efforts in
Afghanistan have not yet produced significant results.
(9) There are indications of strong, direct connections
between terrorism and drug trafficking.
(10) The elimination of this funding source is critical to
making significant progress in the global war on terror.
(11) The President of Afghanistan, Hamid Karzai, has stated
that opium production poses a significant threat to the
future of Afghanistan, and has established a plan of action
to deal with this threat.
(12) The United Nations Office on Drugs and Crime has
reported that Afghanistan is at risk of again becoming a
failed state if strong actions are not taken against
narcotics.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should make the substantial reduction of
drug trafficking in Afghanistan a priority in the war on
terror;
(2) the Secretary of Defense should, in coordination with
the Secretary of State, work to a greater extent in
cooperation with the Government of Afghanistan and
international anti-drug agencies to assist in the protection
of anti-drug personnel in Afghanistan; and
(3) because the trafficking of narcotics is known to
support terrorist activities and contributes to the
instability of the Government of Afghanistan, additional
efforts should be made by the Armed Forces of the United
States, in conjunction with and in support of coalition
forces, to significantly reduce narcotics trafficking in
Afghanistan and neighboring countries, with particular focus
on those trafficking organizations with the closest links to
known terrorist organizations.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report that describes--
(1) progress made towards substantially reducing the poppy
cultivation and heroin production capabilities in
Afghanistan; and
(2) the extent to which profits from illegal drug activity
in Afghanistan fund terrorist organizations and support
groups that seek
[[Page S6565]]
to undermine the Government of Afghanistan.
______
SA 3403. Mr. BENNETT (for himself, Mr. Hatch, and Ms. Collins)
submitted an amendment intended to be proposed by him to the bill S.
2400, to authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3122. REQUIREMENT OF SPECIFIC AUTHORIZATION OF CONGRESS
FOR FULL-SCALE UNDERGROUND NUCLEAR TEST OF
ROBUST NUCLEAR EARTH PENETRATOR.
Section 3117 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1746) is
amended by inserting ``, or conduct a full-scale underground
nuclear test of such weapon,'' after ``Robust Nuclear Earth
Penetrator weapon''.
______
SA 3404. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 166, at the beginning of line 4, insert the
following:
(a) Process and Standards for Measuring Program
Effectiveness.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall develop
and implement a process and standards for measuring the
effectiveness of the test program for negotiation of
comprehensive small business subcontracting plans carried out
under section 834 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C.
637 note). The Secretary shall consult with the Comptroller
General in developing the standards.
(b) Notification of Compliance.--Not later than 300 days
after the date of the enactment of this Act, the Secretary of
Defense and the Comptroller General shall notify Congress
regarding whether the deadline in subsection (a) was met.
(c) Review by the Small Business Administration.--Until the
Secretary of Defense develops and implements the process for
measuring the effectiveness of the test program required
under subsection (a), the Secretary shall not approve a new
subcontracting plan under the test program without review of,
and consent to, such plan by the Administrator of the Small
Business Administration, acting through the appropriate area
Office of Government Contracting of the Small Business
Administration. The purpose of the review of a plan under
this subsection shall be to determine compliance with section
8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)).
(d) Monitoring.--The Comptroller General shall monitor the
administration of the test program and, not later than three
years after the date of the enactment of this Act, submit to
Congress a report on the effectiveness of the program.
(e) Extension of Program.--
______
SA 3405. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 164, after line 18, insert the following:
SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON
THE VALUE RANGE OF THE CONTRACTS TO WHICH A
SMALL BUSINESS CONTRACT RESERVATION APPLIES.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) in the administration of the requirement for
reservation of contracts for small businesses under
subsection (j) of section 15 of the Small Business Act (15
U.S.C. 644), the maximum amount in the contract value range
provided under that subsection should be treated as being
adjusted to the same amount to which the simplified
acquisition threshold is increased whenever such threshold is
increased under law; and
(2) the minimum amount specified in paragraph (1) of such
subsection should not be increased on the basis of cost
inflation.
(b) Simplified Acquisition Threshold Defined.--In this
section, the term ``simplified acquisition threshold'' has
the meaning give such term in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(11)).
______
SA 3406. Mr. FRIST (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROTECTION OF CHILDREN AND PARENTAL INVOLVEMENT IN
THE PERFORMANCE OF ABORTIONS FOR DEPENDENT
CHILDREN OF MEMBERS OF THE ARMED FORCES.
Section 1093 of title 10, United States Code, is amended by
adding at the end the following new subsections:
``(c) Parental Notice.--(1) A physician may not use
facilities of the Department of Defense to perform an
abortion on a pregnant unemancipated minor who is a child of
a member of the armed forces unless--
``(A) the physician gives at least 48 hours actual notice,
in person or by telephone, of the physician's intent to
perform the abortion to--
``(i) the member of the armed forces, or another parent of
the minor, if the minor has no managing conservator or
guardian; or
``(ii) a court-appointed managing conservator or guardian;
``(B) the judge of an appropriate district court of the
United States issues an order authorizing the minor to
consent to the abortion as provided by subsection (d) or (e);
``(C) the appropriate district court of the United States
by its inaction constructively authorizes the minor to
consent to the abortion as provided by subsection (d) or (e);
or
``(D) the physician performing the abortion--
``(i) concludes that on the basis of the physician's good
faith clinical judgment, a condition exists that complicates
the medical condition of the minor and necessitates the
immediate abortion of her pregnancy to avert her death or to
avoid a serious risk of substantial and irreversible
impairment of a major bodily function; and
``(ii) certifies in writing to the appropriate medical
official of the Department of Defense, and in the patient's
medical record, the medical indications supporting the
physician's judgment that the circumstances described by
clause (i) exist.
``(2) If a person to whom notice may be given under
paragraph (1)(A) cannot be notified after a reasonable
effort, a physician may perform an abortion if the physician
gives 48 hours constructive notice, by certified mail,
restricted delivery, sent to the last known address, to the
person to whom notice may be given under that paragraph. The
period under this paragraph begins when the notice is mailed.
If the person required to be notified is not notified within
the 48-hour period, the abortion may proceed even if the
notice by mail is not received.
``(3) The requirement that 48 hours actual notice be
provided under this subsection may be waived by an affidavit
of--
``(A) the member of the armed forces concerned, or another
parent of the minor, if the minor has no managing conservator
or guardian; or
``(B) a court-appointed managing conservator or guardian.
``(4) A physician may execute for inclusion in the minor's
medical record an affidavit stating that, according to the
best information and belief of the physician, notice or
constructive notice has been provided as required by this
subsection. Execution of an affidavit under this paragraph
creates a presumption that the requirements of this
subsection have been satisfied.
``(5) A certification required by paragraph (1)(D) is
confidential and privileged and is not subject to disclosure,
discovery, subpoena, or other legal process. Personal or
identifying information about the minor, including her name,
address, or social security number, may not be included in a
certification under paragraph (1)(D). The physician must keep
the medical records on the minor in compliance with
regulations prescribed by the Secretary of Defense.
``(6) A physician who intentionally performs an abortion on
a pregnant unemancipated minor in violation of this
subsection commits an offense punishable by a fine not to
exceed $10,000.
``(7) It is a defense to prosecution under this subsection
that the minor falsely represented her age or identity to the
physician to be at least 18 years of age by displaying an
apparently valid governmental record of identification such
that a reasonable person under similar circumstances would
have relied on the representation. The defense does not apply
if the physician is shown to have had independent knowledge
of the minor's actual age or identity or failed to use due
diligence in determining the minor's age or identity.
``(d) Judicial Approval.--(1) A pregnant unemancipated
minor who is a child of a member of the armed forces and who
wishes to have an abortion using facilities of the Department
of Defense without notification to the member of the armed
forces, another parent, her managing conservator, or her
guardian may file an application for a court order
authorizing the minor to consent to
[[Page S6566]]
the performance of an abortion without notification to either
of her parents or a managing conservator or guardian.
``(2) Any application under this subsection may be filed in
any appropriate district court of the United States. In the
case of a minor who elects not to travel to the United States
in pursuit of an order authorizing the abortion, the court
may conduct the proceedings in the case of such application
by telephone.
``(3) An application under this subsection shall be made
under oath and include--
``(A) a statement that the minor is pregnant;
``(B) a statement that the minor is unmarried, is under 18
years of age, and has not had her disabilities removed;
``(C) a statement that the minor wishes to have an abortion
without the notification of either of her parents or a
managing conservator or guardian; and
``(D) a statement as to whether the minor has retained an
attorney and, if she has retained an attorney, the name,
address, and telephone number of her attorney.
``(4) The court shall appoint a guardian ad litem for the
minor. If the minor has not retained an attorney, the court
shall appoint an attorney to represent the minor. If the
guardian ad litem is an attorney, the court may appoint the
guardian ad litem to serve as the minor's attorney.
``(5) The court may appoint to serve as guardian ad litem
for a minor--
``(A) a psychiatrist or an individual licensed or certified
as a psychologist;
``(B) a member of the clergy;
``(C) a grandparent or an adult brother, sister, aunt, or
uncle of the minor; or
``(D) another appropriate person selected by the court.
``(6) The court shall determine within 48 hours after the
application is filed whether the minor is mature and
sufficiently well-informed to make the decision to have an
abortion performed without notification to either of her
parents or a managing conservator or guardian, whether
notification would not be in the best interest of the minor,
or whether notification may lead to physical, sexual, or
emotional abuse of the minor. If the court finds that the
minor is mature and sufficiently well informed, that
notification would not be in the minor's best interest, or
that notification may lead to physical, sexual, or emotional
abuse of the minor, the court shall enter an order
authorizing the minor to consent to the performance of the
abortion without notification to either of her parents or a
managing conservator or guardian and shall execute the
required forms.
``(7) If the court fails to rule on the application within
the period specified in paragraph (6), the application shall
be deemed to be granted and the physician may perform the
abortion as if the court had issued an order authorizing the
minor to consent to the performance of the abortion without
notification under subsection (c).
``(8) If the court finds that the minor does not meet the
requirements of paragraph (6), the court may not authorize
the minor to consent to an abortion without the notification
authorized under subsection (c)(1).
``(9) The court may not notify a parent, managing
conservator, or guardian that the minor is pregnant or that
the minor wants to have an abortion. The court proceedings
shall be conducted in a manner that protects the anonymity of
the minor. The application and all other court documents
pertaining to the proceedings are confidential and privileged
and are not subject to disclosure, discovery, subpoena, or
other legal process. The minor may file the application using
a pseudonym or using only her initials.
``(10) An order of the court issued under this subsection
is confidential and privileged and is not subject to
disclosure, discovery, subpoena, or other legal process. The
order may not be released to any person but the pregnant
minor, the pregnant minor's guardian ad litem, the pregnant
minor's attorney, another person designated to receive the
order by the minor, or a governmental agency or attorney in a
criminal or administrative action seeking to assert or
protect the interest of the minor.
``(11) A filing fee is not required of and court costs may
not be assessed against a minor filing an application under
this subsection.
``(e) Appeal.--(1) A minor whose application under
subsection (d) is denied may appeal to the court of appeals
of the United States having jurisdiction of the district
court of the United States that denied the application. If
the court of appeals fails to rule on the appeal within 48
hours after the appeal is filed, the appeal shall be deemed
to be granted and the physician may perform the abortion
using facilities of the Department of Defense as if the court
had issued an order authorizing the minor to consent to the
performance of the abortion using facilities of the
Department of Defense without notification under subsection
(c). Proceedings under this subsection shall be given
precedence over other pending matters to the extent necessary
to assure that the court reaches a decision promptly.
``(2) A ruling of the court of appeals under this
subsection is confidential and privileged and is not subject
to disclosure, discovery, subpoena, or other legal process.
The ruling may not be released to any person but the pregnant
minor, the pregnant minor's guardian ad litem, the pregnant
minor's attorney, another person designated to receive the
ruling by the minor, or a governmental agency or attorney in
a criminal or administrative action seeking to assert or
protect the interest of the minor.
``(3) A filing fee is not required of and court costs may
not be assessed against a minor filing an appeal under this
subsection.
``(f) Definitions.--In this section:
``(1) The term `abortion' means the use of any means at a
medical facility of the Department of Defense to terminate
the pregnancy of a female known by an attending physician to
be pregnant, with the intention that the termination of the
pregnancy by those means will with reasonable likelihood
cause the death of the fetus. The term applies only to an
unemancipated minor known by an attending physician to be
pregnant and may not be construed to limit a minor's access
to contraceptives.
``(2) The term `appropriate district court of the United
States' means--
``(A) with respect to a proposed abortion at a particular
Department of Defense medical facility in the United States
or its territories, the district court of the United States
having proper venue in relation to that facility; or
``(B) if the minor is seeking an abortion at a particular
Department of Defense facility outside the United States or
its territories--
``(i) if the minor elects to travel to the United States in
pursuit of an order authorizing the abortion, the district
court of the United States having proper venue in the
district in which the minor first arrives from outside the
United States; or
``(ii) if the minor elects not to travel to the United
States in pursuit of an order authorizing the abortion, the
district court of the United States for the district in which
the minor last resided.
``(3) The term `fetus' means an individual human organism
from fertilization until birth.
``(4) The term `guardian' means a court-appointed guardian
of the person of the minor.
``(5) The term `physician' means an individual licensed to
practice medicine.
______
SA 3407. Mr. FRIST (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. USE OF DEPARTMENT OF DEFENSE FACILITIES FOR
ABORTIONS IN CASES OF RAPE AND INCEST.
Section 1093(b) of title 10, United States Code, is amended
by inserting before the period at the end the following: ``,
but only if the identity of the perpetrator of such act of
incest is provided to a designated officer, at the time the
abortion is sought, for transmission to the appropriate
military or civilian law enforcement authorities, or, in the
case of rape, only if the identity of the perpetrator of that
act of rape, if known to the victim, is provided to a
designated officer, at the time the abortion is sought, for
transmission to the appropriate military or civilian law
enforcement authorities''.
______
SA 3408. Mr. DASCHLE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. ASSURANCE OF ADEQUATE FUNDING FOR VETERANS HEALTH
CARE.
(a) In General.--Chapter 3 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 320. Assured funding for veterans health care
``(a) For each fiscal year, there is authorized to be
appropriated to the Secretary of Veterans Affairs an amount
determined under subsection (b) with respect to that fiscal
year. Each such amount is authorized to remain available,
without fiscal year limitation, for the programs, functions,
and activities of the Veterans Health Administration, as
specified in subsection (c).
``(b)(1) The authorized amount applicable to fiscal year
2005 under this subsection is the amount equal to 130 percent
of the amount obligated by the Department during fiscal year
2003 for the purposes specified in subsection (c).
``(2) The authorized amount applicable to any fiscal year
after fiscal year 2005 under this subsection is the amount
equal to the product of the following:
``(A) The sum of--
``(i) the number of veterans enrolled in the Department
health care system under section 1705 of this title as of
July 1 preceding the beginning of such fiscal year; and
``(ii) the number of persons eligible for health care under
chapter 17 of this title who
[[Page S6567]]
are not covered by clause (i) and who were provided hospital
care or medical services under such chapter at any time
during the fiscal year preceding such fiscal year.
``(B) The per capita baseline amount, as increased from
time to time pursuant to paragraph (3)(B).
``(3)(A) For purposes of paragraph (2)(B), the term `per
capita baseline amount' means the amount equal to--
``(i) the amount specified in paragraph (1), divided by
``(ii) the number of veterans enrolled in the Department
health care system under section 1705 of this title as of
September 30, 2003.
``(B) With respect to any fiscal year, there shall be a
percentage increase (rounded to the nearest dollar) in the
per capita baseline amount equal to the percentage by which--
``(i) the Consumer Price Index (all Urban Consumers, United
States City Average, Hospital and related services,
Seasonally Adjusted), published by the Bureau of Labor
Statistics of the Department of Labor for the 12-month period
ending on the June 30 preceding the beginning of the fiscal
year for which the increase is made, exceeds
``(ii) such Consumer Price Index for the 12-month period
preceding the 12-month period described in clause (i).
``(c)(1) Except as provided in paragraph (2), the purposes
for which amounts are authorized pursuant to subsection (a)
shall be all programs, functions, and activities of the
Veterans Health Administration.
``(2) Amounts authorized pursuant to subsection (a) are not
available for--
``(A) construction, acquisition, or alteration of medical
facilities as provided in subchapter I of chapter 81 of this
title (other than for such repairs as were provided for
before the date of the enactment of this section through the
Medical Care appropriation for the Department); or
``(B) grants under subchapter III of chapter 81 of this
title.''.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``320. Assured funding for veterans health care.''.
``(b) For each fiscal year, the amount determined under
subsection (b) with respect to that fiscal year shall be made
available to the Secretary of Veterans Affairs subject to
appropriations. The amount appropriated shall be mandatory
spending.''.
______
SA 3409. Mr. DASCHLE submitted an amendment intended to be proposed
to amendment SA 2400, submitted by Mr. Grassley (for himself and Mr.
Baucus) and intended to be proposed to the bill S. 1072, to authorize
funds for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. FUNDING FOR VETERANS HEALTH CARE TO ADDRESS
CHANGES IN POPULATION AND INFLATION.
(a) In General.--Chapter 3 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 320. Funding for veterans health care to address
changes in population and inflation
``(a) For each fiscal year, the Secretary of the Treasury
shall make available to the Secretary of Veterans Affairs the
amount determined under subsection (b) with respect to that
fiscal year. Each such amount is available, without fiscal
year limitation, for the programs, functions, and activities
of the Veterans Health Administration, as specified in
subsection (c).
``(b)(1) The amount applicable to fiscal year 2005 under
this subsection is the amount equal to--
``(A) 130 percent of the amount obligated by the Department
during fiscal year 2003 for the purposes specified in
subsection (c), minus
``(B) the amount appropriated for those purposes for fiscal
year 2004.
``(2) The amount applicable to any fiscal year after fiscal
year 2005 under this subsection is the amount equal to the
product of the following, minus the amount appropriated for
the purposes specified for subsection (c) for fiscal year
2004:
``(A) The sum of--
``(i) the number of veterans enrolled in the Department
health care system under section 1705 of this title as of
July 1 preceding the beginning of such fiscal year; and
``(ii) the number of persons eligible for health care under
chapter 17 of this title who are not covered by clause (i)
and who were provided hospital care or medical services under
such chapter at any time during the fiscal year preceding
such fiscal year.
``(B) The per capita baseline amount, as increased from
time to time pursuant to paragraph (3)(B).
``(3)(A) For purposes of paragraph (12)(B), the term `per
capita baseline amount' means the amount equal to--
``(i) the amount obligated by the Department during fiscal
year 2004 for the purposes specified in subsection (c),
divided by
``(ii) the number of veterans enrolled in the Department
health care system under section 1705 of this title as of
September 30, 2003.
``(B) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar)
in the per capita baseline amount equal to the percentage by
which--
``(i) the Consumer Price Index (all Urban Consumers, United
States City Average, Hospital and related services,
Seasonally Adjusted), published by the Bureau of Labor
Statistics of the Department of Labor for the 12-month period
ending on the June 30 preceding the beginning of the fiscal
year for which the increase is made, exceeds
``(ii) such Consumer Price Index for the 12-month period
preceding the 12-month period described in clause (i).
``(c)(1) Except as provided in paragraph (2), the purposes
for which amounts made available pursuant to subsection (a)
shall be all programs, functions, and activities of the
Veterans Health Administration.
``(2) Amounts made available pursuant to subsection (a) are
not available for--
``(A) construction, acquisition, or alteration of medical
facilities as provided in subchapter I of chapter 81 of this
title (other than for such repairs as were provided for
before the date of the enactment of this section through the
Medical Care appropriation for the Department); or
``(B) grants under subchapter III of chapter 81 of this
title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``320. Funding for veterans health care to address changes in
population and inflation.''.
______
SA 3410. Mr. CORZINE submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 280, after line 22, insert the following:
SEC. 2. DEMONSTRATION PROGRAM FOR MILITARY INSTALLATIONS IN
NEW JERSEY.
(a) Requirement for Program.--The Secretary of Defense
shall carry out a demonstration program in the State of New
Jersey, and in one or more additional States or regions
selected by the Secretary, to develop and test policies,
procedures, and practices that improve the level of security,
reliability, quality, and economic efficiency of defense
contractors and subcontractors used for construction,
renovation, maintenance, and repair services on military
installations.
(b) Program Goals and Requirements.--The goals of the
demonstration program under subsection (a) are to identify,
develop, and implement strategies that--
(1) minimize risks to national security caused by failures
to conduct full background checks on contractor personnel
working on military installations;
(2) ensure that all necessary and reasonable precautions
are taken by the Department of Defense and its contractors
and subcontractors to conduct effective background checks and
follow other appropriate security clearance procedures
regarding contractor personnel (including management
employees, professionals, craft labor personnel, and
administrative personnel) to avoid the employment of persons
who may pose a risk to military installations or otherwise
present a threat to national security; and
(3) promote increased contracting opportunities for
contractors and subcontractors offering effective, reliable
staffing plans to perform Department of Defense contracts
that ensure all contractor personnel employed for such
projects (including management employees, professional
employees, craft labor personnel, and administrative
personnel) undergo effective background checks, are subjected
to other appropriate security clearance procedures, and are
properly qualified to perform services required under the
contract.
(c) Requirements for Security Procedures.--In developing
and carrying out the demonstration program under subsection
(a), the Secretary of Defense shall--
(1) review existing policies, procedures, and practices
pertaining to security clearances required for access to
military installations, including national agency checks,
background investigations and other security clearance
procedures;
(2) identify potential weaknesses and areas for improvement
in existing security policies, procedures, and practices;
(3) develop and implement reforms to strengthen, upgrade,
and improve security clearance policies, procedures, and
practices of the Department of Defense and its contractors
and subcontractors;
(4) utilize the social security number verification service
of the Social Security Administration to review social
security numbers of contractor and subcontractor personnel
employed on military installations and to detect the use of
false or fraudulent identification documents used by contract
employees;
(5) cooperate with appropriate Federal, State and local
agencies and authorities, including the Secretary of Homeland
Security,
[[Page S6568]]
the United States Attorney for New Jersey, the New Jersey
Motor Vehicles Commission, and the New Jersey State Police,
as well as local communities, to detect and prosecute the use
of false or fraudulent identification documents by contractor
personnel employed on military installations;
(6) provide for the imposition of available sanctions
(including criminal prosecution, civil penalties, and
debarment) against any contractor who willfully or recklessly
fails to conduct full background checks regarding contractor
personnel who work at military installations; and
(7) provide for a review and analysis of reforms developed
pursuant to this subsection in order to identify for purposes
of national implementation those reforms that are most
efficient and effective.
(d) Requirements for Contracting and Procurement
Procedures.--In developing and carrying out the demonstration
program, the Secretary of Defense shall--
(1) review existing policies, procedures, and practices
pertaining to the manner in which it procures and contracts
for construction, renovation, maintenance, and repair
services for military installations;
(2) provide for expansion, to the maximum extent
practicable, of the use by the Department of Defense of
contracting by competitive proposals, regulated under part 15
of the Federal Acquisition Regulation, for construction,
renovation, maintenance, and repair services for military
installations;
(3) identify, develop, and implement reforms in the
competitive proposal contracting process of the Department of
Defense to improve the level of security, reliability, and
economic efficiency of contractors and subcontractors used
for construction, renovation, maintenance, and repair
services on military installations, including--
(A) providing in contract solicitations and requests for
proposal documents for significant weight or credit to be
allocated to reliable, effective workforce security programs
that are offered by prospective contractors and
subcontractors, provide security clearance procedures,
background checks, and other measures for contractor
employees beyond the minimum security requirements imposed by
the Secretary of Defense, and promote security on military
installations; and
(B) providing in contract solicitations and requests for
proposal documents for significant weight or credit to be
allocated to reliable, effective project staffing plans that
are offered by prospective contractors and subcontractors,
specify for all contractor employees (including management
employees, professionals, and craft labor personnel) the
skills, training, and qualifications of such persons and the
labor supply sources and hiring plans or procedures used for
employing such personnel; and
(4) provide for a review and analysis of reforms developed
pursuant to this subsection in order to identify for purposes
of national implementation those reforms that are most
efficient and effective.
(e) Implementation.--The Secretary of Defense shall
commence the demonstration program under this section not
later than 90 days after the date of the enactment of this
Act.
(f) Reporting Requirements.--For the monitoring and
evaluation of the progress of the demonstration program
required under this section, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives--
(1) not later than 90 days after the commencement of the
demonstration program, an initial report setting forth the
reforms instituted and other progress made in the
implementation of the demonstration program;
(2) semiannual reports setting forth in detail the reforms
instituted and other progress made in the implementation of
the program; and
(3) not later than 2 years after the commencement of the
demonstration program, a final report setting forth a review
of the demonstration program together with recommendations
regarding nationwide implementation of the program.
(g) Definition.--In this section, the term ``military
installation'' means a base, camp, post, station, yard,
center, homeport facility for any ship, or other activity
under the jurisdiction of the Department of Defense,
including any leased facility, which is located within any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, or Guam. Such term does not include any facility
used primarily for civil works, rivers and harbors projects,
or flood control projects.
______
SA 3411. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. __. DATA-MINING REPORTING ACT OF 2003.
(a) Short Title.--This section may be cited as the ``Data-
Mining Reporting Act of 2003''.
(b) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of 1 or more electronic databases,
where--
(A) at least 1 of the databases was obtained from or
remains under the control of a non-Federal entity, or the
information was acquired initially by another department or
agency of the Federal Government for purposes other than
intelligence or law enforcement;
(B) the search does not use a specific individual's
personal identifies to acquire information concerning that
individual; and
(C) a department or agency of the Federal Government is
conducting the query or search or other analysis to find a
pattern indicating terrorist or other criminal activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public without payment of a fee, or databases of judicial and
administrative opinions.
(c) Reports on Data-Mining Activities.--
(1) Requirement for report.--The head of each department or
agency of the Federal Government that is engaged in any
activity to use or develop data-mining technology shall each
submit a public report to Congress on all such activities of
the department or agency under the jurisdiction of that
official.
(2) Content of report.--A report submitted under paragraph
(1) shall include, for each activity to use or develop data-
mining technology that is required to be covered by the
report, the following information:
(A) A thorough description of the data-mining technology
and the data that will be used.
(B) A thorough discussion of the plans for the use of such
technology and the target dates for the deployment of the
data-mining technology.
(C) An assessment of the likely efficacy of the data-mining
technology in providing accurate and valuable information
consistent with the stated plans for the use of the
technology.
(D) An assessment of the likely impact of the
implementation of the data-mining technology on privacy and
civil liberties.
(E) A list and analysis of the laws and regulations that
govern the information to be collected, reviewed, gathered,
and analyzed with the data-mining technology and a
description of any modifications of such laws that will be
required to use the information in the manner proposed under
such program.
(F) A thorough discussion of the policies, procedures, and
guidelines that are to be developed and applied in the use of
such technology for data-mining in order to--
(i) protect the privacy and due process rights of
individuals; and
(ii) ensure that only accurate information is collected and
used.
(G) A thorough discussion of the procedures allowing
individuals whose personal information will be used in the
data-mining technology to be informed of the use of their
personal information and what procedures are in place to
allow for individuals to opt out of the technology. If no
such procedures are in place, a thorough explanation as to
why not.
(H) Any necessary classified information in an annex that
shall be available to the Committee on Governmental Affairs,
the Committee on the Judiciary, and the Committee on
Appropriations of the Senate and the Committee on Homeland
Security, the Committee on the Judiciary, and the Committee
on Appropriations of the House of Representatives.
(3) Time for report.--Each report required under paragraph
(1) shall be--
(A) submitted not later than 90 days after the date of the
enactment of this Act; and
(B) updated once a year and include any new data-mining
technologies.
______
SA 3412. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place in title VI, insert the following:
SEC. __. CLARIFICATION OF AVAILABILITY OF PRIVATE RIGHT OF
ACTION FOR STATE VIOLATIONS OF UNIFORMED
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
OF 1994.
(a) Findings.--Congress makes the following findings:
(1) The Federal Government has an important interest in
attracting and training a military to provide for the
National defense. The Constitution grants Congress the power
to raise and support an army for purposes of the common
defense. The Nation's military readiness requires that all
members of the Armed Forces, including those employed in
State programs and activities, be able to serve without
jeopardizing their civilian employment opportunities.
(2) The Uniformed Services Employment and Reemployment
Rights Act of 1994, commonly referred to as ``USERRA'' and
codified
[[Page S6569]]
as chapter 43 of title 38, United States Code, is intended to
safeguard the reemployment rights of members of the uniformed
services (as that term is defined in section 4303(16) of
title 38, United States Code) and to prevent discrimination
against any person who is a member of, applies to be a member
of, performs, has performed, applies to perform, or has an
obligation to perform service in a uniformed service.
Effective enforcement of the Act depends on the ability of
private individuals to enforce its provisions in court.
(3) In Seminole Tribe of Florida v. Florida, 517 U.S. 44
(1996), the Supreme Court held that congressional legislation
enacted pursuant to the commerce clause of Article I, section
8, of the Constitution cannot abrogate the immunity of States
under the 11th amendment to the Constitution. In addition, in
Alden v. Maine 527 U.S. 706, 712 (1999), the Supreme Court
held that this immunity also prohibits the Federal Government
from subjecting ``non-consenting states to private suits for
damages in state courts.'' Some courts have cited the
sovereign immunity prinicples of Alden and Seminole Tribe to
prohibit state employees from maintaining a private suit to
enforce their USERRA rights. As a result, although USERRA
specifically provides that a person may commence an action
for relief against a State for its violation of that Act,
persons harmed by State violations of that Act lack important
remedies to vindicate the rights and benefits that are
available to all other persons covered by that Act. Unless a
State chooses to waive sovereign immunity, or the Attorney
General brings an action on their behalf, persons affected by
State violations of USERRA may have no adequate Federal
remedy for such violations.
(4) A failure to provide a private right of action by
persons affected by State violations of USERRA would leave
vindication of their rights and benefits under that Act
solely to Federal agencies, which may fail to take necessary
and appropriate action because of administrative overburden
or other reasons. Action by Congress to specify such a
private right of action ensures that persons affected by
State violations of USERRA have a remedy if they are denied
their rights and benefits under that Act.
(b) Clarification of Right of Action Under USERRA.--Section
4323 of title 38, United States Code, is amended--
(1) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) In the case of an action against a State (as an
employer) by a person, the action may be brought in a
district court of the United States or State court of
competent jurisdiction.'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following new
subsection (j):
``(j)(1)(A) A State's receipt or use of Federal financial
assistance for any program or activity of a State shall
constitute a waiver of sovereign immunity, under the 11th
amendment to the Constitution or otherwise, to a suit brought
by an employee of that program or activity under this chapter
for the rights or benefits authorized the employee by this
chapter.
``(B) In this paragraph, the term `program or activity' has
the meaning given the term in section 309 of the Age
Discrimination Act of 1975 (42 U.S.C. 6107).
``(2) An official of a State may be sued in the official
capacity of the official by any person covered by paragraph
(1) who seeks injunctive relief against a State (as an
employer) under subsection (e). In such a suit the court may
award to the prevailing party those costs authorized by
section 722 of the Revised Statutes (42 U.S.C. 1988).''.
______
SA 3413. Mr. AKAKA submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 281, line 10, strike ``and technology skills'' and
insert ``, technology skills, foreign language skills, and''.
On page 285, line 1, insert ``, the Committee on
Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives'' after
``Representatives''.
On page 285, between lines 9 and 10, insert the following:
(g) Critical Hiring Need.--Section 3304(a)(3) of title 5,
United States Code, is amended by striking subparagraph (B)
and inserting the following:
``(B)(i) the Office of Personnel Management has determined
that there exists a severe shortage of candidates or there is
a critical hiring need; or
``(ii) the candidate is a participant in the Science,
Mathematics, and Research for Transformation (SMART) Defense
Scholarship Pilot Program under section 1101 of the National
Defense Authorization Act for Fiscal Year 2005.''.
On page 285, line 9, strike ``(g)'' and insert ``(h)''.
______
SA 3414. Mr. AKAKA submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title XI, insert the following:
SEC. 1107. FELLOWSHIPS FOR STUDENTS TO ENTER FEDERAL SERVICE.
(a) In General.--The David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by
inserting after section 802 the following:
``SEC. 802A. FELLOWSHIPS FOR STUDENTS TO ENTER FEDERAL
SERVICE.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means the Department of
Defense.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given to
such term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
``(3) National security position.--The term `national
security position' means an employment position determined by
the Board, in consultation with an agency, for the purposes
of a program established under this section, to involve
important homeland security or national applications.
``(b) In General.--The Board shall establish and implement
a program for the awarding of fellowships (to be known as
`National Security Fellowships') to undergraduate and
graduate students who, in exchange for receipt of the
fellowship, agree to employment with the Federal Government
in a national security position. The Board may provide for
the program to apply to, and be administered with respect to,
1 or more organizational units of an agency.
``(c) Eligibility.--To be eligible to participate in the
program established under subsection (b), a student shall--
``(1) have been accepted into a undergraduate or graduate
school program at an accredited institution of higher
education within the United States and be pursuing or intend
to pursue undergraduate or graduate education in the United
States in the discipline of foreign languages that are
critical areas of national security (as determined by the
Board);
``(2) be a United States citizen, United States national,
permanent legal resident, or citizen of the Freely Associated
States; and
``(3) agree to employment with an agency or office of the
Federal Government in a national security position.
``(d) Service Agreement.--In awarding a fellowship under
the program under this section, the Board shall require the
recipient to enter into an agreement under which, in exchange
for such assistance, the recipient--
``(1) will maintain satisfactory academic progress (as
determined in accordance with regulations issued by the
Board) and provide regularly scheduled updates to the Board
on the progress of their education and how their employment
continues to relate to a national security objective of the
Federal Government;
``(2) will, upon completion of such education, be employed
by the agency for which the fellowship was awarded for a
period of at least 3 years as specified by the Board; and
``(3) agrees that if the recipient is unable to meet either
of the requirements described in paragraph (1) or (2), the
recipient will reimburse the United States for the amount of
the assistance provided to the recipient under the
fellowship, together with interest at a rate determined in
accordance with regulations issued by the Board, but not
higher than the rate generally applied in connection with
other Federal education loans.
``(e) Federal Employment Eligibility.--If a recipient of a
fellowship under this section demonstrates to the
satisfaction of the Board that, after completing their
education, the recipient is unable to obtain a national
security position in the Federal Government because such
recipient is not eligible for a security clearance or other
applicable clearance necessary for such position, the Board
may permit the recipient to fulfill the service obligation
under the agreement under subsection (d) by working in a non-
national security position in the agency, for a period of not
less than 3 years, in the area of study for which the
fellowship was awarded.
``(f) Fellowship Selection.--
``(1) In general.--The Board shall consult with agencies in
the selection and placement of national security fellows
under this section.
``(2) Functions.--The Board shall carry out the following
functions:
``(A) Develop criteria for awarding fellowships under this
section.
``(B) Provide for the wide dissemination of information
regarding the activities assisted under this section.
``(C) Establish qualifications for students desiring
fellowships under this section, including a requirement that
the student have a demonstrated commitment to the study of
the discipline for which the fellowship is to be awarded.
``(D) Provide for the establishment and semiannual update
of a list of fellowship recipients, including an
identification of their skills, who are available to work in
a national security position.
``(E) Not later than 30 days after a fellowship recipient
completes the study or education for which assistance was
provided
[[Page S6570]]
under this section, work in conjunction with agencies to make
reasonable efforts to hire and place the fellow in an
appropriate national security position.
``(F) Review the administration of the program established
under this section.
``(G) Develop and provide to Congress a strategic plan that
identifies the skills needed by the Federal national security
workforce and how the provisions of this Act, and related
laws, regulations, and policies will be used to address such
needs.
``(g) Special Consideration for Current Federal
Employees.--
``(1) Set aside of fellowships.--Twenty percent of the
fellowships awarded under this section shall be set aside for
Federal employees who are working in national security
positions on the date of enactment of this section to enhance
the education and training of such employees in areas
important to national security.
``(2) Full- or part-time education.--Federal employees who
are awarded fellowships under paragraph (1) shall be
permitted to obtain advanced education under the fellowship
on a full-time or part-time basis.
``(3) Part-time education.--A Federal employee who pursues
education or training under a fellowship under paragraph (1)
on a part-time basis shall be eligible for a stipend in an
amount which, when added to the employee's part-time
compensation, does not exceed the amount described in
subsection (i)(2).
``(h) Amount of Award.--A National Security Fellow who
complies with the requirements of this section may receive
funding under the fellowship for up to 3 years at an amount
determined appropriate by the Board, but not to exceed the
sum of--
``(1) the amount of tuition paid by the fellow; and
``(2) a stipend in an amount equal to the maximum stipend
available to recipients of fellowships under section 10 of
the National Science Foundation Act of 1950 (42 U.S.C. 1869)
for the year involved.
``(i) Consultation With Chief Human Capital Officers.--The
Board shall consult with the chief human capital officers of
participating agencies in carrying out this section.
``(j) Rule of Construction.--Nothing in this section shall
be construed--
``(1) to authorize the Board to determine national security
positions for any other purpose other than to make such
determinations as are required by this section in order to
carry out the purposes of this section; and
``(2) as a basis for determining the exemption of any
position from inclusion in a bargaining unit under chapter 71
of title 5, United States Code, or from the right of any
incumbent of a national security position determined by the
Board under this section, from entitlement to all rights and
benefits under such chapter.
``(k) Authorization of Appropriations.--For the purpose of
enabling the Board to provide for the recruitment and
retention of highly qualified employees in national security
positions, there are authorized to be appropriated
$10,000,000 for fiscal year 2005, and such sums as may be
necessary for each fiscal year thereafter.''.
(b) Technical and Conforming Amendments.--The David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1901
et seq.) is amended--
(1) in section 803(b)--
(A) by redesignating paragraphs (5) through (7) as
paragraphs (7) through (9), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) The Secretary of Homeland Security.
``(6) The Attorney General of the United States.'';
(2) in section 803(c), by striking ``subsection (b)(6)''
and inserting ``subsection (b)(8)'';
(3) in section 804(b)(1), by inserting ``, including
section 802a'' before the semicolon;
(4) by inserting after section 807, the following:
``SEC. 807A. NONAPPLICATION OF PROVISIONS TO CERTAIN STUDENT
FELLOWSHIPS AND THE NATIONAL SECURITY SERVICE
CORPS.
``Sections 805, 806, and 807 shall not apply with respect
to section 802a.''; and
(5) in section 808(4), by striking ``The term'' and
inserting ``Except as provided under section 802a, the
term''.
(c) Critical Hiring Need.--Section 3304(a)(3) of title 5,
United States Code, is amended by striking subparagraph (B)
and inserting the following:
``(B)(i) the Office of Personnel Management has determined
that there exists a severe shortage of candidates or there is
a critical hiring need; or
``(ii) the candidate is a participant in the national
security fellowship program under section 802a of the David
L. Boren National Security Education Act of 1991.''.
______
SA 3415. Mr. AKAKA submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 281, line 10, strike ``and technology skills'' and
insert ``, technology skills, foreign language skills, and''.
On page 285, line 1, insert ``, the Committee on
Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives'' after
``Representatives''.
On page 285, between lines 9 and 10, insert the following:
(g) Critical Hiring Need.--Section 3304(a)(3) of title 5,
United States Code, is amended by striking subparagraph (B)
and inserting the following:
``(B)(i) the Office of Personnel Management has determined
that there exists a severe shortage of candidates or there is
a critical hiring need; or
``(ii) the candidate is a participant in the Science,
Mathematics, and Research for Transformation (SMART) Defense
Scholarship Pilot Program under section 1101 of the National
Defense Authorization Act for Fiscal Year 2005.''.
On page 285, line 9, strike ``(g)'' and insert ``(h)''.
______
SA 3416. Mr. REID (for himself and Mr. Lieberman) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
Strike section 2826 and insert the following:
SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL
COMPLEX, DISTRICT OF COLUMBIA.
(a) Transfer Required.--The Secretary of the Navy shall
transfer to the jurisdiction, custody, and control of the
Administrator of General Services the parcel of Department of
the Navy real property in the District of Columbia known as
the Nebraska Avenue Complex for the purpose of permitting the
Administrator to use the Complex to accommodate the
Department of Homeland Security. The Complex shall be
transferred in its existing condition.
(b) Authority To Retain Military Family Housing.--The
Secretary of the Navy may retain jurisdiction, custody, and
control over the portion of the Complex that the Secretary
considers to be necessary for continued use as Navy family
housing.
(c) Time for Transfer.--The transfer of jurisdiction,
custody, and control over the Complex to the Administrator
under subsection (a) shall be completed not later than
January 1, 2005.
(d) Relocation of Navy Activities.--As part of the transfer
of the Complex under this section, the Secretary of the Navy
shall relocate Department of the Navy activities at the
Complex to other locations.
(e) Payment of Relocation Costs.--Subject to the
availability of appropriations for this purpose--
(1) the Secretary of Homeland Security shall be responsible
for the payment of all reasonable costs related to the
initial relocation of Department of the Navy activities from
the Complex, including costs to move furnishings and
equipment, and all reasonable costs incidental to initial
occupancy of interim leased space (including rent for the
first year); and
(2) the Administrator of General Services shall pay any
reasonable costs for interim leasing of space beyond the
first year until Department of the Navy activities have
occupied new permanent Department of Defense-controlled
space, and any additional reasonable costs not paid under
subsection (e)(1) that are incurred, or will be incurred, by
the Secretary of the Navy to permanently relocate Department
of the Navy activities from the Complex under subsection (d).
(f) Submission of Cost Estimates.--As soon as practicable
after the date of the enactment of this Act, but not later
than January 1, 2005, the Secretary of the Navy shall submit
to the congressional defense committees an initial estimate
of the amounts that will be necessary to cover the costs to
permanently relocate Department of the Navy activities from
the Complex. The Secretary shall include in the estimate
anticipated land acquisition and facility construction costs.
The Secretary shall revise the estimate as necessary whenever
information regarding the actual costs for the relocation is
obtained.
(g) Certification of Relocation Costs.--At the end of the
five-year period beginning on the date of the transfer of the
Complex under subsection (a), the Secretary of the Navy shall
submit to Congress written notice--
(1) specifying the total amount expended under subsection
(e) to cover the costs of relocating Department of the Navy
activities from the Complex;
(2) specifying the total amount expended to acquire
permanent facilities for Department of the Navy activities
relocated from the Complex; and
(3) certifying whether the amounts paid are sufficient to
complete all relocation actions.
(h) Participation of Office of Management and Budget.--The
Secretary of the
[[Page S6571]]
Navy shall obtain the assistance and concurrence of the
Director of the Office of Management and Budget in
determining the total amount required to cover both the
initial and the permanent costs of relocating Department of
the Navy activities from the Complex under this section.
______
SA 3417. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. SENSE OF THE SENATE CONCERNING OIL MARKETS.
(a) Findings.--Congress finds that--
(1) the prices of gasoline and crude oil have a direct and
substantial impact on the financial well-being of American
families, the potential for national economic recovery, and
the economic security of the United States;
(2) on Friday, May 7, 2004, crude oil prices reached a 13-
year high of $40 per barrel, the weighted national average
retail price of gasoline was $1.96 per gallon, and the
average retail price of gasoline has broken all-time record
highs for 2 consecutive months;
(3) despite the fact that crude oil prices were already
approaching record highs, the Organization of Petroleum
Exporting Countries (OPEC) announced on April 1, 2004, its
commitment to reduce oil production by 1,000,000 barrels per
day;
(4) the Strategic Petroleum Reserve (SPR) was created to
enhance the physical and economic security of the United
States, and the law allows the SPR to be used to provide
relief when oil and gasoline supply shortages cause economic
hardship;
(5) the proper management of the resources of the SPR could
provide gasoline price relief to American families and
provide the United States with a tool to counterbalance OPEC
supply management policies;
(6) it has been reported that the Administration's current
policy of filling the SPR at a rate of hundreds of thousands
of barrels per day, despite the fact that the SPR is more
than 94 percent full, has contributed to record high gasoline
contract prices on the New York Mercantile Exchange;
(7) in order to combat high gasoline prices during the
summer and fall of 2000, President Clinton released
30,000,000 barrels of oil from the SPR, stabilizing the
retail price of gasoline;
(8) the Administration has failed to manage the SPR in a
manner that would provide gasoline price relief to working
families; and
(9) the Administration has failed to adequately demand that
OPEC immediately increase oil production in order to lower
crude oil prices and safeguard the world economy.
(b) Sense of the Senate Concerning Oil Markets.--It is the
sense of the Senate that--
(1) the President should directly confront OPEC and
challenge OPEC to immediately increase oil production;
(2) the President should direct the Federal Trade
Commission and Attorney General to exercise vigorous
oversight over the oil markets to protect the American people
from price gouging and unfair practices at the gasoline pump;
and
(3) to lower the burden of gasoline prices on the American
economy and to circumvent OPEC's efforts to reap windfall
crude oil profits, the President should suspend deliveries of
oil to the SPR and release 1,000,000 barrels of oil per day
from the SPR for 30 days following the date of adoption of
this resolution, and if necessary, for an additional 30 days
beyond that.
______
SA 3418. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of Title X, add the following:
SEC. 1068. SENSE OF THE SENATE CONCERNING OIL MARKETS.
(a) Findings.--Congress finds that--
(1) the prices of gasoline and crude oil have a direct and
substantial impact on the financial well-being of American
families, the potential for national economic recovery, and
the economic security of the United States;
(2) on Friday, May 7, 2004, crude oil prices reached a 13-
year high of $40 per barrel, the weighted national average
retail price of gasoline was $1.96 per gallon, and the
average retail price of gasoline has broken all-time record
highs for 2 consecutive months;
(3) despite the fact that crude oil prices were already
approaching record highs, the Organization of Petroleum
Exporting Countries (OPEC) announced on April 1, 2004, its
commitment to reduce oil production by 1,000,000 barrels per
day;
(4) the Strategic Petroleum Reserve (SPR) was created to
enhance the physical and economic security of the United
States, and the law allows the SPR to be used to provide
relief when oil and gasoline supply shortages cause economic
hardship;
(5) the proper management of the resources of the SPR could
provide gasoline price relief to American families and
provide the United States with a tool to counterbalance OPEC
supply management policies;
(6) it has been reported that the Administration's current
policy of filling the SPR at a rate of hundreds of thousands
of barrels per day, despite the fact that the SPR is more
than 94 percent full, has contributed to record high gasoline
contract prices on the New York Mercantile Exchange;
(7) in order to combat high gasoline prices during the
summer and fall of 2000, President Clinton released
30,000,000 barrels of oil from the SPR, stabilizing the
retail price of gasoline;
(8) the Administration has failed to manage the SPR in a
manner that would provide gasoline price relief to working
families; and
(9) the Administration has failed to adequately demand that
OPEC immediately increase oil production in order to lower
crude oil prices and safeguard the world economy.
(b) Sense of the Senate Concerning Oil Markets.--It is the
sense of the Senate that--
(1) the President should directly confront OPEC and
challenge OPEC to immediately increase oil production;
(2) the President should direct the Federal Trade
Commission and Attorney General to exercise vigorous
oversight over the oil markets to protect the American people
from price gouging and unfair practices at the gasoline pump;
and
______
SA 3419. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of division A, add the following:
TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Authorization for
Multilateral Iraq Stabilization Force Act of 2004''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) On October 16, 2002, the President signed into law the
Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243).
(2) On March 19, 2003, the United States Armed Forces
commenced military operations against the authoritarian
regime of Saddam Hussein.
(3) More than 225,000 members of the United States Armed
Forces, and thousands more troops from coalition countries,
carried out Operation Iraqi Freedom with courage and
determination, swiftly defeating the enemy on the
battlefield.
(4) The regime of Saddam Hussein fell on April 11, 2003,
creating an opportunity for the Iraqi people to build a
government free from despotism.
(5) On May 1, 2003, the President announced an end to major
combat operations, signaling the beginning of the transition
to an Iraq that is free from the tyranny of Saddam Hussein.
(6) On May 8, 2003, the United States and the United
Kingdom, by a letter to the President of the United Nations
Security Council, recognized their specific authorities,
responsibilities, and obligations in Iraq under international
law as occupying powers under unified command.
(7) The situation in Iraq has remained extremely dangerous
since the end of major combat operations in Iraq, and
violence has claimed the lives of hundreds of members of the
United States Armed Forces and unknown numbers of Iraqi
civilians.
(8) On June 30, 2004, the restoration of Iraq sovereignty
and the end of the occupation government means that the
status of the United States-led military coalition has
changed, and its continued presence in Iraq will be subject
to the consent of the Iraq government, the mandate of the
United Nations Security Council, or both.
(9) The Prime Minister, the President, and the Foreign
Minister of Iraq, who have been chosen to lead the interim
Iraq government, have all cited the need for the continued
presence in Iraq of the United States-led coalition and the
approval of a new United Nations Security Council resolution
with a mandate for a multinational force to assist in
stabilizing Iraq.
(10) There is a need for Congress to enact a new
authorization for the use of the United States Armed Forces
in Iraq to recognize the restoration of Iraq sovereignty and
the end of the occupation government of Iraq, and to send a
message to the people of Iraq that the United States does not
desire to maintain a military presence in Iraq for any longer
than necessary.
(11) The Constitution provides that the President shall
serve as Commander in Chief
[[Page S6572]]
of the Army and Navy, but also that Congress has ultimate
authority, under Article I, Section 8, over the power to
declare war and authorize the use of military force.
SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.
Congress--
(1) supports the transfer planned for June 30, 2004, of the
governing authority in Iraq from the Coalition Provisional
Authority to a newly constituted Iraq government;
(2) endorses the sovereignty of a new Iraq government that
has the broad support of the Iraqi people, planned to take
office on that date;
(3) encourages the United Nations to work with the interim
Iraq government to promote the process for holding free and
democratic elections to establishs a constitutional Iraq
government; and
(4) supports the adoption of a United Nations Security
Council resolution that--
(A) supports the planned transfer of governing authority in
Iraq; and
(B) authorizes a multinational force, of a substantially
multinational character under unified command, to assist in
securing Iraq; and
(5) encourages the North Atlantic Council, the North
Atlantic Treaty Organization (NATO) member countries, and
other countries to commit to provide increase support to
assist Iraq authorities in providing security and stability
in Iraq, including the deployment of additional troops for
such efforts.
SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION
FORCE.
(a) Authorization.--The President is authorized to use the
United States Armed Forces on and after July 1, 2004, to
participate in a multinational force created under United
Nations Security Council resolution 1547 to assist Iraq
authorities in providing security and stability in Iraq.
(b) Sunset of Authority.--The authority in subsection (a)
shall expire on July 1, 2006, unless--
(1) the President determines and certifies to Congress that
an extension of the use of force authority in subsection (a)
is required for the purposes of national security; or
(2) Congress enacts an Act providing for the termination of
the authority.
(c) Limitation on Placement of Members of the Armed Forces
Outside United States Chain of Command.--No member of the
United States Armed Forces deployed under the authority in
subsection (a) may be placed outside the chain of command of
the United States Armed Forces unless the President certifies
to Congress that the national security interests of the
United States require the placement of such member outside
such chain of command.
(d) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution, Congress
declares that this section is intended to constitute specific
statutory authorization within the meaning of section 5(b) of
the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in this
resolution supersedes any requirement of the War Powers
Resolution.
(e) Construction of Authority.--Nothing in this title shall
be construed to authorize the use of the United States Armed
Forces to carry out offensive combat operations in any
country other than Iraq.
(f) Relationship to Other Authority.--The authority in
subsection (a) shall supersede any prior authorization for
the use of the United States Armed Forces in or against Iraq,
effective July 1, 2004.
SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD
IRAQ.
It is the sense of Congress that--
(1) the end of the regime of Saddam Hussein presents an
opportunity for the Iraqi people to build a new government;
(2) the United States should reassess its laws and policies
that were intended to apply to the government of Saddam
Hussein, to determine whether those laws and policies should
still apply to a new government in Iraq;
(3) the crimes of Saddam Hussein's government should not be
forgotten, but that the new authorities in Iraq should be
afforded a fresh start to establish a government under
principles consistent with international standards of
behavior; and
(4) the President should work with the United Nations
Security Council to effect the sunset of prior Security
Council resolutions that placed punitive obligations upon the
government of Saddam Hussein, so as to insure that a new
Iraqi government is not unfairly burdened or prejudiced by
the actions of the prior regime.
SEC. 1306. REPORTS.
(a) Reports.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter, the
President shall submit to Congress a report on matters
related to the use of force under the authorization in
section 1304.
(b) Elements.--Each report under subsection (a) shall
include--
(1) an assessment of the capability of Iraq authorities to
achieve full sovereignty, including responsibility for
security;
(2) an assessment of the state of Iraq security forces,
including military, police, and civil defense forces, and a
detailed, updated plan for training such forces;
(3) an accounting of foreign forces and international
organizations assisting in the stabilization of Iraq, and the
amount and type of any assistance provided to facilitate the
participation of such forces in such efforts;
(4) a review of developments relating to efforts to achieve
additional contributions of troops from foreign countries for
the stabilization of Iraq; and
(5) an assessment of developments relating to preparations
for elections in Iraq, including information on any potential
delays in the schedule for such elections.
______
SA 3420. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of division A, add the following:
TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Authorization for
Multilateral Iraq Stabilization Force Act of 2004''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) On October 16, 2002, the President signed into law the
Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243).
(2) On March 19, 2003, the United States Armed Forces
commenced military operations against the authoritarian
regime of Saddam Hussein.
(3) More than 225,000 members of the United States Armed
Forces, and thousands more troops from coalition countries,
carried out Operation Iraqi Freedom with courage and
determination, swiftly defeating the enemy on the
battlefield.
(4) The regime of Saddam Hussein fell on April 11, 2003,
creating an opportunity for the Iraqi people to build a
government free from despotism.
(5) On May 1, 2003, the President announced an end to major
combat operations, signaling the beginning of the transition
to an Iraq that is free from the tyranny of Saddam Hussein.
(6) On May 8, 2003, the United States and the United
Kingdom, by a letter to the President of the United Nations
Security Council, recognized their specific authorities,
responsibilities, and obligations in Iraq under international
law as occupying powers under unified command.
(7) The situation in Iraq has remained extremely dangerous
since the end of major combat operations in Iraq, and
violence has claimed the lives of hundreds of members of the
United States Armed Forces and unknown numbers of Iraqi
civilians.
(8) On June 30, 2004, the restoration of Iraq sovereignty
and the end of the occupation government means that the
status of the United States-led military coalition has
changed, and its continued presence in Iraq will be subject
to the consent of the Iraq government, the mandate of the
United Nations Security Council, or both.
(9) The Prime Minister, the President, and the Foreign
Minister of Iraq, who have been chosen to lead the interim
Iraq government, have all cited the need for the continued
presence in Iraq of the United States-led coalition and the
approval of a new United Nations Security Council resolution
with a mandate for a multinational force to assist in
stabilizing Iraq.
(10) There is a need for Congress to enact a new
authorization for the use of the United States Armed Forces
in Iraq to recognize the restoration of Iraq sovereignty and
the end of the occupation government of Iraq, and to send a
message to the people of Iraq that the United States does not
desire to maintain a military presence in Iraq for any longer
than necessary.
(11) The Constitution provides that the President shall
serve as Commander in Chief of the Army and Navy, but also
that Congress has ultimate authority, under Article I,
Section 8, over the power to declare war and authorize the
use of military force.
SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.
Congress--
(1) supports the transfer planned for June 30, 2004, of the
governing authority in Iraq from the Coalition Provisional
Authority to a newly constituted Iraq government;
(2) endorses the sovereignty of a new Iraq government that
has the broad support of the Iraqi people, planned to take
office on that date;
(3) encourages the United Nations to work with the interim
Iraq government to promote the process for holding free and
democratic elections to establish a constitutional Iraq
government; and
(4) supports the adoption of a United Nations Security
Council resolution that--
(A) supports the planned transfer of governing authority in
Iraq; and
(B) authorizes a multinational force, of a substantially
multinational character under unified command, to assist in
securing Iraq; and
(5) encourages the North Atlantic Council, the North
Atlantic Treaty Organization (NATO) member countries, and
other countries to commit to provide increase support
[[Page S6573]]
to assist Iraq authorities in providing security and
stability in Iraq, including the deployment of additional
troops for such efforts.
SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION
FORCE.
(a) Authorization.--The President is authorized to use the
United States Armed Forces on and after July 1, 2004, to
participate in a multinational force created under a new
United Nations Security Council resolution 1546 to assist
Iraq authorities in providing security and stability in Iraq.
(b) Sunset of Authority.--The authority in subsection (a)
shall expire on July 1, 2006, unless--
(1) the President determines and certifies to Congress that
an extension of the use of force authority in subsection (a)
is required for the purposes of national security; or
(2) Congress enacts an Act providing for the termination of
the authority.
(c) Limitation on Placement of Members of the Armed Forces
Outside United States Chain of Command.--No member of the
United States Armed Forces deployed under the authority in
subsection (a) may be placed outside the chain of command of
the United States Armed Forces unless the President certifies
to Congress that the national security interests of the
United States require the placement of such member outside
such chain of command.
(d) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution, Congress
declares that this section is intended to constitute specific
statutory authorization within the meaning of section 5(b) of
the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in this
resolution supersedes any requirement of the War Powers
Resolution.
(e) Construction of Authority.--Nothing in this title shall
be construed to authorize the use of the United States Armed
Forces to carry out offensive combat operations in any
country other than Iraq.
(f) Relationship to Other Authority.--The authority in
subsection (a) shall supersede any prior authorization for
the use of the United States Armed Forces in or against Iraq,
effective July 1, 2004.
SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD
IRAQ.
It is the sense of Congress that--
(1) the end of the regime of Saddam Hussein presents an
opportunity for the Iraqi people to build a new government;
(2) the United States should reassess its laws and
policies that were intended to apply to the government of
Saddam Hussein, to determine whether those laws and policies
should still apply to a new government in Iraq;
(3) the crimes of Saddam Hussein's government should not
be forgotten, but that the new authorities in Iraq should be
afforded a fresh start to establish a government under
principles consistent with international standards of
behavior; and
(4) the President should work with the United Nations
Security Council to effect the sunset of prior Security
Council resolutions that placed punitive obligations upon the
government of Saddam Hussein, so as to insure that a new
Iraqi government is not unfairly burdened or prejudiced by
the actions of the prior regime.
SEC. 1306. REPORTS.
(a) Reports.--Not later than 60 days after the date of
the enactment of this Act, and every 60 days thereafter, the
President shall submit to Congress a report on matters
related to the use of force under the authorization in
section 1304.
(b) Elements.--Each report under subsection (a) shall
include--
(1) an assessment of the capability of Iraq authorities
to achieve full sovereignty, including responsibility for
security;
(2) an assessment of the state of Iraq security forces,
including military, police, and civil defense forces, and a
detailed, updated plan for training such forces;
(3) an accounting of foreign forces and international
organizations assisting in the stabilization of Iraq, and the
amount and type of any assistance provided to facilitate the
participation of such forces in such efforts;
(4) a review of developments relating to efforts to
achieve additional contributions of troops from foreign
countries for the stabilization of Iraq; and
(5) an assessment of developments relating to
preparations for elections in Iraq, including information on
any potential delays in the schedule for such elections.
______
SA 3421. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of division A, add the following:
TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Authorization for
Multilateral Iraq Stabilization Force Act of 2004''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) On October 16, 2002, the President signed into law the
Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243).
(2) On March 19, 2003, the United States Armed Forces
commenced military operations against the authoritarian
regime of Saddam Hussein.
(3) More than 225,000 members of the United States Armed
Forces, and thousands more troops from coalition countries,
carried out Operation Iraqi Freedom with courage and
determination, swiftly defeating the enemy on the
battlefield.
(4) The regime of Saddam Hussein fell on April 11, 2003,
creating an opportunity for the Iraqi people to build a
government free from despotism.
(5) On May 1, 2003, the President announced an end to major
combat operations, signaling the beginning of the transition
to an Iraq that is free from the tyranny of Saddam Hussein.
(6) On May 8, 2003, the United States and the United
Kingdom, by a letter to the President of the United Nations
Security Council, recognized their specific authorities,
responsibilities, and obligations in Iraq under international
law as occupying powers under unified command.
(7) The situation in Iraq has remained extremely dangerous
since the end of major combat operations in Iraq, and
violence has claimed the lives of hundreds of members of the
United States Armed Forces and unknown numbers of Iraqi
civilians.
(8) On June 30, 2004, restoration of Iraq sovereignty and
the end of the occupation government means that the status of
the United States-led military coalition has changed, and its
continued presence in Iraq will be subject to the consent of
the Iraq government, the mandate of the United Nations
Security Council, or both.
(9) The Prime Minister, the President, and the Foreign
Minister of Iraq, who have been chosen to lead the interim
Iraq government, have all cited the need for the continued
presence in Iraq of the United States-led coalition and the
approval of a new United Nations Security Council resolution
with a mandate for a multinational force to assist in
stabilizing Iraq.
(10) There is a need for Congress to enact a new
authorization for the use of the United States Armed Forces
in Iraq to recognize the restoration of Iraq sovereignty and
the end of the occupation government of Iraq, and to send a
message to the people of Iraq that the United States does not
desire to maintain a military presence in Iraq for any longer
than necessary.
(11) The Constitution provides that the President shall
serve as Commander in Chief of the Army and Navy, but also
that Congress has ultimate authority, under Article I,
Section 8, over the power to declare war and authorize the
use of military force.
SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.
Congress--
(1) supports the transfer planned for June 30, 2004, of the
governing authority in Iraq from the Coalition Provisional
Authority to a newly constituted Iraq government;
(2) endorses the sovereignty of a new Iraq government that
has the broad support of the Iraqi people, planned to take
office on that date;
(3) encourages the United Nations to work with the interim
Iraq government to promote the process for holding free and
democratic elections to establish a constitutional Iraq
government; and
(4) supports the adoption of a United Nations Security
Council resolution that--
(A) supports the planned transfer of governing authority in
Iraq; and
(B) authorizes a multinational force, of a substantially
multinational character under unified command, to assist in
securing Iraq; and
(5) encourages the North Atlantic Council, the North
Atlantic Treaty Organization (NATO) member countries, and
other countries to commit to provide increase support to
assist Iraq authorities in providing security and stability
in Iraq, including the deployment of additional troops for
such efforts.
SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION
FORCE.
(a) Authorization.--The President is authorized to use the
United States Armed Forces on and after July 1, 2004, to
participate in a multinational force created under a new
United Nations Security Council resolution 1546 to assist
Iraq authorities in providing security and stability in Iraq.
(b) Sunset of Authority.--The authority in subsection (a)
shall expire when--
(1) the President determines and certifies to Congress that
Iraq forces have assumed authority for security in Iraq;
(2) the President determines and certifies to Congress that
foreign military forces or international organizations have
assumed responsibility for stabilization efforts in Iraq;
(3) the President determines and certifies to Congress that
the Iraq government has requested that United States forces
or the United Nations-created multinational force withdraw
from Iraq; or
(4) Congress enacts an act providing for the termination of
the authority.
[[Page S6574]]
(c) Limitation on Placement of Members of the Armed Forces
Outside United States Chain of Command.--No member of the
United States Armed Forces deployed under the authority in
subsection (a) may be placed outside the chain of command of
the United States Armed Forces unless the President certifies
to Congress that the national security interests of the
United States require the placement of such member outside
such chain of command.
(d) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution, Congress
declares that this section is intended to constitute specific
statutory authorization within the meaning of section 5(b) of
the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in this
resolution supersedes any requirement of the War Powers
Resolution.
(e) Construction of Authority.--Nothing in this title shall
be construed to authorize the use of the United States Armed
Forces to carry out offensive combat operations in any
country other than Iraq.
(f) Relationship to Other Authority.--The authority in
subsection (a) shall supersede any prior authorization for
the use of the United States Armed Forces in or against Iraq,
effective July 1, 2004.
SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD
IRAQ.
It is the sense of Congress that--
(1) the end of the regime of Saddam Hussein presents an
opportunity for the Iraqi people to build a new government;
(2) the United States should reassess its laws and policies
that were intended to apply to the government of Saddam
Hussein, to determine whether those laws and policies should
still apply to a new government in Iraq;
(3) the crimes of Saddam Hussein's government should not be
forgotten, but that the new authorities in Iraq should be
afforded a fresh start to establish a government under
principles consistent with international standards of
behavior; and
(4) the President should work with the United Nations
Security Council to effect the sunset of prior Security
Council resolutions that placed punitive obligation supon the
government of Saddam Hussein, so as to insure that a new
Iraqi government is not unfairly burdened or prejudiced by
the actions of the prior regime.
SEC. 1306. REPORTS.
(a) Reports.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter, the
President shall submit to Congress a report on matters
related to the use of force under the authorization in
section 1304.
(b) Elements.--Each report under subsection (a) shall
include--
(1) an assessment of the capability of Iraq authorities to
achieve full sovereignty, including responsibility for
security;
(2) an assessment of the state of Iraq security forces,
including military, police, and civil defense forces, and a
detailed, updated plan for training such forces;
(3) an accounting of foreign forces and international
organizations assisting in the stabilization of Iraq, and the
amount and type of any assistance provided to facilitate the
participation of such forces in such efforts;
(4) a review of developments relating to efforts to achieve
additional contributions of troops from foreign countries for
the stabilization of Iraq; and
(5) an assessment of developments relating to preparations
for elections in Iraq, including information on any potential
delays in the schedule for such elections.
______
SA 3422. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of division A, add the following:
TITLE XIII--BENEFITS FOR RESERVES ON EXTENDED TOURS OF ACTIVE DUTY
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Guard and Reserve Enhanced
Benefits Act of 2004''.
Subtitle A--Family Assistance Benefits
SEC. 1311. MILITARY FAMILY LEAVE.
(a) General Requirements for Leave.--
(1) Definitions.--Section 101 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at
the end the following:
``(14) Active duty.--The term `active duty' means duty
under a call or order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10, United
States Code.
``(15) Qualified member.--The term `qualified member' means
a member of the reserve components on active duty for a
period of more than 30 days.''.
(2) Entitlement to leave.--Section 102(a)(1) of such Act
(29 U.S.C. 2612(a)) is amended by adding at the end the
following:
``(E) Because the spouse, son, daughter, or parent of the
employee is a qualified member.''.
(3) Schedule.--Section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by inserting after the second sentence
the following: ``Leave under subsection (a)(1)(E) may be
taken intermittently or on a reduced leave schedule.''.
(4) Substitution of paid leave.--Section 102(d)(2)(A) of
such Act (29 U.S.C. 2612(d)(2)(A)) is amended by striking
``(A), (B), or (C)'' and inserting ``(A), (B), (C), or (E)''.
(5) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e))
is amended by adding at the end the following:
``(3) Notice for military family leave.--In any case in
which an employee seeks leave under subsection (a)(1)(E), the
employee shall provide such notice as is practicable.''.
(6) Certification.--Section 103 of such Act (29 U.S.C.
2613) is amended by adding at the end the following:
``(f) Certification for Military Family Leave.--An employer
may require that a request for leave under section
102(a)(1)(E) be supported by a certification issued at such
time and in such manner as the Secretary may by regulation
prescribe.''.
(b) Military Family Leave for Civil Service Employees.--
(1) Definitions.--Section 6381 of title 5, United States
Code, is amended--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(7) the term `active duty' means duty under a call or
order to active duty under a provision of law referred to in
section 101(a)(13)(B) of title 10, United States Code; and
``(8) the term `qualified member' means a member of the
reserve components on active duty for a period of more than
30 days.''.
(2) Entitlement to leave.--Section 6382(a) of such title is
amended by adding at the end the following:
``(E) Because the spouse, son, daughter, or parent of the
employee is a qualified member.''.
(3) Schedule.--Section 6382(b)(1) of such title is amended
by inserting after the second sentence the following: ``Leave
under subsection (a)(1)(E) may be taken intermittently or on
a reduced leave schedule.''.
(4) Substitution of paid leave.--Section 6382(d) of such
title is amended by striking ``(A), (B), (C), or (D)'' and
inserting ``(A), (B), (C), (D), or (E)''.
(5) Notice.--Section 6382(e) of such title is amended by
adding at the end the following:
``(3) In any case in which an employee seeks leave under
subsection (a)(1)(E), the employee shall provide such notice
as is practicable.''.
(6) Certification.--Section 6383 of such title is amended
by adding at the end the following:
``(f) An employing agency may require that a request for
leave under section 6382(a)(1)(E) be supported by a
certification issued at such time and in such manner as the
Office of Personnel Management may by regulation
prescribe.''.
SEC. 1312. CHILD CARE FOR MILITARY DEPENDENTS.
(a) In General.--The Secretary of Defense shall permit the
children of covered members of the Reserves to attend
military child development centers and participate in child
care and development programs and activities under subchapter
II of chapter 88 of title 10, United States Code, and other
applicable provisions of law, to the same extent, and subject
to the same terms and conditions, as children of members of
the Armed Forces in the regular components are permitted to
attend such centers and participate in such programs and
activities.
(b) Child Care for Children Without Access to Military
Child Development Centers.--(1) In any case where the
children of a covered member of the Reserves who are
geographically dispersed and do not have practical access to
a military child development center, the Secretary shall
satisfy the requirement in subsection (a) with such funds as
are necessary to permit the member's family to secure access
for such children to child care and development programs and
activities in the private sector that are similar in scope
and quality to the child care and development programs and
activities the Secretary would otherwise provide access to
under that subsection.
(2) Funds may be provided under this subsection in
accordance with the provisions of section 1798 of title 10,
United States Code, or by such other mechanism as the
Secretary considers appropriate.
(c) Preservation of Services and Programs.--The Secretary
shall provide for the attendance and participation of
children in military child development centers and child care
and development programs and activities under this section in
a manner that preserves the scope and quality of child care
and development programs and activities otherwise provided by
the Secretary.
(d) Funding.--Amounts available to the Department of
Defense and the military departments for operation and
maintenance shall be available for the costs of the
attendance and participation of children in military child
development centers and child care and development programs
and activities under this section.
(e) Definitions.--In this section:
(1) The term ``covered members of the Reserves'' means
members of the Armed Forces
[[Page S6575]]
who are called or ordered to active duty under a provision of
law referred to in section 101(a)(13)(B) of title 10, United
States Code, for Operation Enduring Freedom or Operation
Iraqi Freedom.
(2) The term ``military child development center'' has the
meaning given such term in section 1800(1) of title 10,
United States Code.
Subtitle B--Education Benefits
PART I--MONTGOMERY GI BILL BENEFITS
SEC. 1321. BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS OF
SELECTED RESERVE SERVING EXTENDED OR RECURRING
PERIODS ON ACTIVE DUTY.
(a) Entitlement.--(1) Subsection (a)(1) of section 3011 of
title 38, United States Code, is amended--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by adding ``or'' at the end; and
(C) by adding at the end the following new subparagraph:
``(D) after September 11, 2001, while a member of the
Selected Reserve--
``(i) serves at least 12 months of continuous active duty
in the Armed Forces; or
``(ii) during any 60-month period, serves an aggregate of
24 months of continuous active duty in the Armed Forces;''.
(2) Subsection (d)(3) of such section is amended by
striking ``The period of service'' and inserting ``Except in
the case of an individual described in subsection (a)(1)(D),
the period of service''.
(b) Exclusion From Contributions for Increased
Assistance.--Subsection (e)(1) of such section is amended by
inserting ``(other than an individual described in subsection
(a)(1)(D)'' after ``Any individual''.
(c) Amount of Assistance.--Section 3015(a) of such title is
amended by inserting after ``three years'' the following:
``or an individual whose service on active duty on which such
entitlement is based is described in clause (i) or (ii) of
section 3011(a)(1)(D) of this title''.
SEC. 1322. INCREASE IN AMOUNT OF EDUCATIONAL ASSISTANCE FOR
MEMBERS OF SELECTED RESERVE.
(a) Increase in Amounts.--Section 16131(b)(1) of title 10,
United States Code, is amended--
(1) in subparagraph (A), by striking ``$251'' and inserting
``$400'';
(2) in subparagraph (B), by striking ``$188'' and inserting
``$300''; and
(3) in subparagraph (C), by striking ``$125'' and inserting
``$200''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to monthly rates of educational
assistance for months beginning on or after that date.
SEC. 1323. MODIFICATION OF TIME LIMITATION FOR USE OF
ENTITLEMENT TO EDUCATIONAL ASSISTANCE OF
MEMBERS OF SELECTED RESERVE.
Section 16133(a)(2) of title 10, United States Code, is
amended--
(1) by inserting ``that is five years after the date''
after ``on the date''; and
(2) by striking ``first'' and inserting ``later''.
PART II--OTHER EDUCATION BENEFITS
SEC. 1326. STUDENT LOAN DEFERMENTS.
(a) FFEL and Direct Subsidized Loans.--Section 428(b)(1)(M)
of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M))
is amended--
(1) in clause (ii), by striking ``or'' after the semicolon;
(2) in clause (iii), by inserting ``or'' after the
semicolon; and
(3) by inserting after clause (iii) the following:
``(iv) during which the borrower is a member of the reserve
components of the Armed Forces on active duty for a period of
more than 30 days under a call or order to active duty under
a provision of law referred to in section 101(a)(13)(B) of
title 10, United States Code, and for 3 months following
discharge or release from such active duty.''.
(b) Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the
Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii))
is amended--
(1) in subclause (II), by striking ``or'' after the
semicolon;
(2) in subclause (III), by striking ``or (II)'' and
inserting ``, (II) or (III)'';
(3) by redesignating subclause (III) (as so amended) as
subclause (IV); and
(4) by inserting after subclause (II) the following:
``(III) by the Secretary, in the case of a consolidation
loan of a student who is on an active duty deferment under
section 428(b)(1)(M)(iv); or''.
(c) FFEL and Direct Unsubsidized Loans.--Section 428H(e)(2)
of the Higher Education Act of 1965 (20 U.S.C. 1078-8(e)(2))
is amended by adding at the end the following:
``(C) Notwithstanding subparagraph (A), interest on loans
made under this section for which payments of principal are
deferred because the student is on an active duty deferment
under section 428(b)(1)(M)(iv) shall be paid by the
Secretary.''.
(d) Perkins Loans.--Section 464(c)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is
amended--
(1) in clause (iii), by striking ``or'' after the
semicolon;
(2) in clause (iv), by inserting ``or'' after the
semicolon; and
(3) by inserting after clause (iv) the following:
``(v) during which the borrower is a member of the reserve
components of the Armed Forces on active duty for a period of
more than 30 days under a call or order to active duty under
a provision of law referred to in section 101(a)(13)(B) of
title 10, United States Code, and for 3 months following
discharge or release from such active duty.''.
SEC. 1327. PRESERVATION OF EDUCATIONAL STATUS AND TUITION.
(a) In General.--Title VII of the Servicemembers Civil
Relief Act (50 U.S.C. App. 501 et seq.), as amended by
section 1 of Public Law 108-189 (117 Stat. 2835), is further
amended by adding at the end the following new section:
``SEC. 707. PRESERVATION OF EDUCATIONAL STATUS AND TUITION.
``(a) Leave of Absence.--A servicemember who is a member of
the reserve components on active duty for a period of more
than 30 days under a call or order to active duty under a
provision of law referred to in section 101(a)(13)(B) of
title 10, United States Code, and who is enrolled as a
student at an institution of higher education at the time of
entry into the service on active duty, shall be granted a
leave of absence from the institution during the period of
the service on active duty and for one year after the
conclusion of the service on active duty.
``(b) Educational Status.--
``(1) In general.--A servicemember on a leave of absence
from an institution of higher education under subsection (a)
shall be entitled, upon completion of the leave of absence,
to be restored to the educational status the servicemember
had attained before entering into the service on active duty
as described in that subsection without loss of academic
credits earned, scholarships or grants awarded, or, subject
to paragraph (2), tuition and other fees paid before the
entry of the servicemember into the service on active duty.
``(2) Tuition.--
``(A) Refund.--An institution of higher education shall
refund tuition or fees paid or credit the tuition and fees to
the next period of enrollment after a servicemember returns
from the leave of absence, at the option of the
servicemember. Notwithstanding the 180-day limitation
referred to in subsection (a)(2)(B) of section 484B of the
Higher Education Act of 1965 (20 U.S.C. 1091b), a
servicemember on a leave of absence under this section shall
not be treated as having withdrawn for purposes of such
section 484B unless the servicemember fails to return upon
the completion of the leave of absence.
``(B) Amount of refund.--If a servicemember requests a
refund for a period of enrollment, the percentage of the
tuition and fees that shall be refunded shall be equal to 100
percent minus--
``(i) the percentage of the period of enrollment (for which
the tuition and fees were paid) that was completed (as
determined in accordance with subsection (d) of such section
484B) as of the day the servicemember withdrew, provided that
such date occurs on or before the completion of 60 percent of
the period of enrollment; or
``(ii) 100 percent, if the day the person withdrew occurs
after the servicemember has completed 60 percent of the
period of enrollment.''.
(b) Clerical Amendment.--The table of contents of that Act
is amended by adding at the end the following new item:
``Sec. 707. Preservation of educational status and tuition.''.
Subtitle C--Retirement Benefits
SEC. 1331. REDUCED MINIMUM AGE FOR ELIGIBILITY FOR NON-
REGULAR SERVICE RETIRED PAY.
Section 12731(a)(1) of title 10, United States Code, is
amended by striking ``60 years of age'' and inserting ``55
years of age''.
______
SA 3423. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 268, strike lines 4 through 11 and insert the
following:
(1) The number of United States military personnel assigned
for temporary or permanent duty in Colombia in connection
with support of Plan Colombia may not exceed 500.
(2) The number of United States individual citizens
retained as contractors in Colombia in connection with
support of Plan Colombia who are funded by Federal funds may
not exceed 500.
______
SA 3424. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
[[Page S6576]]
At the end of division A, add the following:
TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Authorization for
Multilateral Iraq Stabilization Force Act of 2004''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) On October 16, 2002, the President signed into law the
Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243).
(2) On March 19, 2003, the United States Armed Forces
commenced military operations against the authoritarian
regime of Saddam Hussein.
(3) More than 225,000 members of the United States Armed
Forces, and thousands more troops from coalition countries,
carried out Operation Iraqi Freedom with courage and
determination, swiftly defeating the enemy on the
battlefield.
(4) The regime of Saddam Hussein fell on April 11, 2003,
creating an opportunity for the Iraqi people to build a
government free from despotism.
(5) On May 1, 2003, the President announced an end to major
combat operations, signaling the beginning of the transition
to an Iraq that is free from the tyranny of Saddam Hussein.
(6) On May 8, 2003, the United States and the United
Kingdom, by a letter to the President of the United Nations
Security Council, recognized their specific authorities,
responsibilities, and obligations in Iraq under international
law as occupying powers under unified command.
(7) The situation in Iraq has remained extremely dangerous
since the end of major combat operations in Iraq, and
violence has claimed the lives of hundreds of members of the
United States Armed Forces and unknown numbers of Iraqi
civilians.
(8) On June 30, 2004, the restoration of Iraq sovereignty
and the end of the occupation government means that the
status of the United States-led military coalition has
changed, and its continued presence in Iraq will be subject
to the consent of the Iraq government, the mandate of the
United Nations Security Council, or both.
(9) The Prime Minister, the President, and the Foreign
Minister of Iraq, who have been chosen to lead the interim
Iraq government, have all cited the need for the continued
presence in Iraq of the United States-led coalition and the
approval of a new United Nations Security Council resolution
with a mandate for a multinational force to assist in
stabilizing Iraq.
(10) There is a need for Congress to enact a new
authorization for the use of the United States Armed Forces
in Iraq to recognize the restoration of Iraq sovereignty and
the end of the occupation government of Iraq, and to send a
message to the people of Iraq that the United States does not
desire to maintain a military presence in Iraq for any longer
than necessary.
(11) The Constitution provides that the President shall
serve as Commander in Chief of the Army and Navy, but also
that Congress has ultimate authority, under Article I,
Section 8, over the power to declare war and authorize the
use of military force.
SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.
Congress--
(1) supports the transfer planned for June 30, 2004, of the
governing authority in Iraq from the Coalition Provisional
Authority to a newly constituted Iraq government;
(2) endorses the sovereignty of a new Iraq government that
has the broad support of the Iraqi people, planned to take
office on that date;
(3) encourages the United Nations to work with the interim
Iraq government to promote the process for holding free and
democratic elections to establish a constitutional Iraq
government; and
(4) supports the adoption of a United Nations Security
Council resolution that--
(A) supports the planned transfer of governing authority in
Iraq; and
(B) authorizes a multinational force, of a substantially
multinational character under unified command, to assist in
securing Iraq; and
(5) encourages the North Atlantic Council, the North
Atlantic Treaty Organization (NATO) member countries, and
other countries to commit to provide increase support to
assist Iraq authorities in providing security and stability
in Iraq, including the deployment of additional troops for
such efforts.
SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION
FORCE.
(a) Authorization.--The President is authorized to use the
United States Armed Forces on and after July 1, 2004, to
participate in a multinational force created under a new
United Nations Security Council resolution 1547 to assist
Iraq authorities in providing security and stability in Iraq.
(b) Sunset of Authority.--The authority in subsection (a)
shall expire when--
(1) the President determines and certifies to Congress that
Iraq forces have assumed authority for security in Iraq;
(2) the President determines and certifies to Congress that
foreign military forces or international organizations have
assumed responsibility for stabilization efforts in Iraq;
(3) the President determines and certifies to Congress that
the Iraq government has requested that United States forces
or the United Nations-created multinational force withdraw
from Iraq; or
(4) Congress enacts an Act providing for the termination of
the authority.
(c) Limitation on Placement of Members of the Armed Forces
Outside United States Chain of Command.--No member of the
United States Armed Forces deployed under the authority in
subsection (a) may be placed outside the chain of command of
the United States Armed Forces unless the President certifies
to Congress that the national security interests of the
United States require the placement of such member outside
such chain of command.
(d) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution, Congress
declares that this section is intended to constitute specific
statutory authorization within the meaning of section 5(b) of
the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in this
resolution supersedes any requirement of the War Powers
Resolution.
(e) Construction of Authority.--Nothing in this title shall
be construed to authorize the use of the United States Armed
Forces to carry out offensive combat operations in any
country other than Iraq.
(f) Relationship to Other Authority.--The authority in
subsection (a) shall supersede any prior authorization for
the use of the United States Armed Forces in or against Iraq,
effective July 1, 2004.
SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD
IRAQ.
It is the sense of Congress that--
(1) the end of the regime of Saddam Hussein presents an
opportunity for the Iraqi people to build a new government;
(2) the United States should reassess its laws and policies
that were intended to apply to the government of Saddam
Hussein, to determine whether those laws and policies should
still apply to a new government in Iraq;
(3) the crimes of Saddam Hussein's government should not be
forgotten, but that the new authorities in Iraq should be
afforded a fresh start to establish a government under
principles consistent with international standards of
behavior; and
(4) the President should work with the United Nations
Security Council to effect the sunset of prior Security
Council resolutions that placed punitive obligations upon the
government of Saddam Hussein, so as to insure that a new
Iraqi government is not unfairly burdened or prejudiced by
the actions of the prior regime.
SEC. 1306. REPORTS.
(a) Reports.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter, the
President shall submit to Congress a report on matters
related to the use of force under the authorization in
section 1304.
(b) Elements.--Each report under subsection (a) shall
include--
(1) an assessment of the capability of Iraq authorities to
achieve full sovereignty, including responsibility for
security;
(2) an assessment of the state of Iraq security forces,
including military, police, and civil defense forces, and a
detailed, updated plan for training such forces;
(3) an accounting of foreign forces and international
organizations assisting in the stabilization of Iraq, and the
amount and type of any assistance provided to facilitate the
participation of such forces in such efforts;
(4) a review of developments relating to efforts to achieve
additional contributions of troops from foreign countries for
the stabilization of Iraq; and
(5) an assessment of developments relating to preparations
for elections in Iraq, including information on any potential
delays in the schedule for such elections.
______
SA 3425. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of division A, add the following:
TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Authorization for
Multilateral Iraq Stabilization Force Act of 2004''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) On October 16, 2002, the President signed into law the
Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243).
(2) On March 19, 2003, the United States Armed Forces
commenced military operations against the authoritarian
regime of Saddam Hussein.
(3) More than 225,000 members of the United States Armed
Forces, and thousands more troops from coalition countries,
carried out Operation Iraqi Freedom with courage and
determination, swiftly defeating the enemy on the
battlefield.
[[Page S6577]]
(4) The regime of Saddam Hussein fell on April 11, 2003,
creating an opportunity for the Iraqi people to build a
government free from despotism.
(5) On May 1, 2003, the President announced an end to major
combat operations, signaling the beginning of the transition
to an Iraq that is free from the tyranny of Saddam Hussein.
(6) On May 8, 2003, the United States and the United
Kingdom, by a letter to the President of the United Nations
Security Council, recognized their specific authorities,
responsibilities, and obligations in Iraq under international
law as occupying powers under unified command.
(7) The situation in Iraq has remained extremely dangerous
since the end of major combat operations in Iraq, and
violence has claimed the lives of hundreds of members of the
United States Armed Forces and unknown numbers of Iraqi
civilians.
(8) On June 30, 2004, the restoration of Iraq sovereignty
and the end of the occupation government means that the
status of the United States-led military coalition has
changed, and its continued presence in Iraq will be subject
to the consent of the Iraq government, the mandate of the
United Nations Security Council, or both.
(9) The Prime Minister, the President, and the Foreign
Minister of Iraq, who have been chosen to lead the interim
Iraq government, have all cited the need for the continued
presence in Iraq of the United States-led coalition and the
approval of a new United Nations Security Council resolution
with a mandate for a multinational force to assist in
stabilizing Iraq.
(10) There is a need for Congress to enact a new
authorization for the use of the United States Armed Forces
in Iraq to recognize the restoration of Iraq sovereignty and
the end of the occupation government of Iraq, and to send a
message to the people of Iraq that the United States does not
desire to maintain a military presence in Iraq for any longer
than necessary.
(11) The Constitution provides that the President shall
serve as Commander in Chief of the Army and Navy, but also
that Congress has ultimate authority, under Article I,
Section 8, over the power to declare war and authorize the
use of military force.
SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.
Congress--
(1) supports the transfer planned for June 30, 2004, of the
governing authority in Iraq from the Coalition Provisional
Authority to a newly constituted Iraq government;
(2) endorses the sovereignty of a new Iraq government that
has the broad support of the Iraqi people, planned to take
office on that date;
(3) encourages the United Nations to work with the interim
Iraq government to promote the process for holding free and
democratic elections to establish a constitutional Iraq
government; and
(4) supports the adoption of a United Nations Security
Council resolution that--
(A) supports the planned transfer of governing authority in
Iraq; and
(B) authorizes a multinational force, of a substantially
multinational character under unified command, to assist in
securing Iraq; and
(5) encourages the North Atlantic Council, the North
Atlantic Treaty Organization (NATO) member countries, and
other countries to commit to provide increase support to
assist Iraq authorities in providing security and stability
in Iraq, including the deployment of additional troops for
such efforts.
SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION
FORCE.
(a) Authorization.--The President is authorized to use the
United States Armed Forces on and after July 1, 2004, to
participate in a multinational force created under a new
United Nations Security Council resolution 1547 to assist
Iraq authorities in providing security and stability in Iraq.
(b) Sunset of Authority.--The authority in subsection (a)
shall expire when--
(1) the President determines and certifies to Congress that
Iraq forces have assumed authority for security in Iraq;
(2) the President determines and certifies to Congress that
foreign military forces or international organizations have
assumed responsibility for stabilization efforts in Iraq;
(3) the President determines and certifies to Congress that
the Iraq government has requested that United States forces
or the United Nations-created multinational force withdraw
from Iraq; or
(4) Congress enacts an Act providing for the termination of
the authority.
(c) Limitation on Placement of Members of the Armed Forces
Outside United States Chain of Command.--No member of the
United States Armed Forces deployed under the authority in
subsection (a) may be placed outside the chain of command of
the United States Armed Forces unless the President certifies
to Congress that the national security interests of the
United States require the placement of such member outside
such chain of command.
(d) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution, Congress
declares that this section is intended to constitute specific
statutory authorization within the meaning of section 5(b) of
the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in this
resolution supersedes any requirement of the War Powers
Resolution.
(e) Construction of Authority.--Nothing in this title shall
be construed to authorize the use of the United States Armed
Forces to carry out offensive combat operations in any
country other than Iraq.
(f) Relationship to Other Authority.--The authority in
subsection (a) shall supersede any prior authorization for
the use of the United States Armed Forces in or against Iraq,
effective July 1, 2004.
SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD
IRAQ.
It is the sense of Congress that--
(1) the end of the regime of Saddam Hussein presents an
opportunity for the Iraqi people to build a new government;
(2) the United States should reassess its laws and policies
that were intended to apply to the government of Saddam
Hussein, to determine whether those laws and policies should
still apply to a new government in Iraq;
(3) the crimes of Saddam Hussein's government should not be
forgotten, but that the new authorities in Iraq should be
afforded a fresh start to establish a government under
principles consistent with international standards of
behavior; and
(4) the President should work with the United Nations
Security Council to effect the sunset of prior Security
Council resolutions that placed punitive obligations upon the
government of Saddam Hussein, so as to insure that a new
Iraqi government is not unfairly burdened or prejudiced by
the actions of the prior regime.
SEC. 1306. REPORTS.
(a) Reports.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter, the
President shall submit to Congress a report on matters
related to the use of force under the authorization in
section 1304.
(b) Elements.--Each report under subsection (a) shall
include--
(1) an assessment of the capability of Iraq authorities to
achieve full sovereignty, including responsibility for
security;
(2) an assessment of the state of Iraq security forces,
including military, police, and civil defense forces, and a
detailed, updated plan for training such forces;
(3) an accounting of foreign forces and international
organizations assisting in the stabilization of Iraq, and the
amount and type of any assistance provided to facilitate the
participation of such forces in such efforts;
(4) a review of developments relating to efforts to achieve
additional contributions of troops from foreign countries for
the stabilization of Iraq; and
(5) an assessment of developments relating to preparations
for elections in Iraq, including information on any potential
delays in the schedule for such elections.
______
SA 3426. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of division A, add the following:
TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Authorization for
Multilateral Iraq Stabilization Force Act of 2004''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) On October 16, 2002, the President signed into law the
Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243).
(2) On March 19, 2003, the United States Armed Forces
commenced military operations against the authoritarian
regime of Saddam Hussein.
(3) More than 225,000 members of the United States Armed
Forces, and thousands more troops from coalition countries,
carried out Operation Iraqi Freedom with courage and
determination, swiftly defeating the enemy on the
battlefield.
(4) The regime of Saddam Hussein fell on April 11, 2003,
creating an opportunity for the Iraqi people to build a
government free from despotism.
(5) On May 1, 2003, the President announced an end to major
combat operations, signaling the beginning of the transition
to an Iraq that is free from the tyranny of Saddam Hussein.
(6) On May 8, 2003, the United States and the United
Kingdom, by a letter to the President of the United Nations
Security Council, recognized their specific authorities,
responsibilities, and obligations in Iraq under international
law as occupying powers under unified command.
(7) The situation in Iraq has remained extremely dangerous
since the end of major combat operations in Iraq, and
violence has claimed the lives of hundreds of members of the
United States Armed Forces and unknown numbers of Iraqi
civilians.
[[Page S6578]]
(8) On June 30, 2004, the restoration of Iraq sovereignty
and the end of the occupation government means that the
status of the United States-led military coalition has
changed, and its continued presence in Iraq will be subject
to the consent of the Iraq government, the mandate of the
United Nations Security Council, or both.
(9) The Prime Minister, the President, and the Foreign
Minister of Iraq, who have been chosen to lead the interim
Iraq government, have all cited the need for the continued
presence in Iraq of the United States-led coalition and the
approval of a new United Nations Security Council resolution
with a mandate for a multinational force to assist in
stabilizing Iraq.
(10) There is a need for Congress to enact a new
authorization for the use of the United States Armed Forces
in Iraq to recognize the restoration of Iraq sovereignty and
the end of the occupation government of Iraq, and to send a
message to the people of Iraq that the United States does not
desire to maintain a military presence in Iraq for any longer
than necessary.
(11) The Constitution provides that the President shall
serve as Commander in Chief of the Army and Navy, but also
that Congress has ultimate authority, under Article I,
Section 8, over the power to declare war and authorize the
use of military force.
SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.
Congress--
(1) supports the transfer planned for June 30, 2004, of the
governing authority in Iraq from the Coalition Provisional
Authority to a newly constituted Iraq government;
(2) endorses the sovereignty of a new Iraq government that
has the broad support of the Iraqi people, planned to take
office on that date;
(3) encourages the United Nations to work with the interim
Iraq government to promote the process for holding free and
democratic elections to establish a constitutional Iraq
government; and
(4) supports the adoption of a United Nations Security
Council resolution that--
(A) supports the planned transfer of governing authority in
Iraq; and
(B) authorizes a multinational force, of a substantially
multinational character under unified command, to assist in
securing Iraq; and
(5) encourages the North Atlantic Council, the North
Atlantic Treaty Organization (NATO) member countries, and
other countries to commit to provide increase support to
assist Iraq authorities in providing security and stability
in Iraq, including the deployment of additional troops for
such efforts.
SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION
FORCE.
(a) Authorization.--The President is authorized to use the
United States Armed Forces on and after July 1, 2004, to
participate in a multinational force created under United
Nations Security Council resolution 1546 to assist Iraq
authorities in providing security and stability in Iraq.
(b) Sunset of Authority.--The authority in subsection (a)
shall expire on July 1, 2006, unless--
(1) the President determines and certifies to Congress that
an extension of the use of force authority in subsection (a)
is required for the purposes of National Security; or
(2) Congress enacts an Act providing for the termination of
the authority.
(c) Limitation on Placement of Members of the Armed Forces
Outside United States Chain of Command.--No member of the
United States Armed Forces deployed under the authority in
subsection (a) may be placed outside the chain of command of
the United States Armed Forces unless the President certifies
to Congress that the national security interests of the
United States require the placement of such member outside
such chain of command.
(d) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution, Congress
declares that this section is intended to constitute specific
statutory authorization within the meaning of section 5(b) of
the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in this
resolution supersedes any requirement of the War Powers
Resolution.
(e) Construction of Authority.--Nothing in this title shall
be construed to authorize the use of the United States Armed
Forces to carry out offensive combat operations in any
country other than Iraq.
(f) Relationship to Other Authority.--The authority in
subsection (a) shall supersede any prior authorization for
the use of the United States Armed Forces in or against Iraq,
effective July 1, 2004.
SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD
IRAQ.
It is the sense of Congress that--
(1) the end of the regime of Saddam Hussein presents an
opportunity for the Iraqi people to build a new government;
(2) the United States should reassess its laws and
policies that were intended to apply to the government of
Saddam Hussein, to determine whether those laws and policies
should still apply to a new government in Iraq;
(3) the crimes of Saddam Hussein's government should not
be forgotten, but that the new authorities in Iraq should be
afforded a fresh start to establish a government under
principles consistent with international standards of
behavior; and
(4) the President should work with the United Nations
Security Council to effect the sunset of prior Security
Council resolutions that placed punitive obligations upon the
government of Saddam Hussein, so as to insure that a new
Iraqi government is not unfairly burdened or prejudiced by
the actions of the prior regime.
SEC. 1306. REPORTS.
(a) Reports.--Not later than 60 days after the date of
the enactment of this Act, and every 60 days thereafter, the
President shall submit to Congress a report on matters
related to the use of force under the authorization in
section 1304.
(b) Elements.--Each report under subsection (a) shall
include--
(1) an assessment of the capability of Iraq authorities
to achieve full sovereignty, including responsibility for
security;
(2) an assessment of the state of Iraq security forces,
including military, police, and civil defense forces, and a
detailed, updated plan for training such forces;
(3) an accounting of foreign forces and international
organizations assisting in the stabilization of Iraq, and the
amount and type of any assistance provided to facilitate the
participation of such forces in such efforts;
(4) a review of developments relating to efforts to
achieve additional contributions of troops from foreign
countries for the stabilization of Iraq; and
(5) an assessment of developments relating to
preparations for elections in Iraq, including information on
any potential delays in the schedule for such elections.
______
SA 3427. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle E of title VI, add the following:
SEC. 653. CHILD CARE FOR CHILDREN OF MEMBERS OF THE RESERVES
ON ACTIVE DUTY FOR OPERATION ENDURING FREEDOM
OR OPERATION IRAQI FREEDOM.
(a) In General.--The Secretary of Defense shall permit the
children of covered members of the Reserves to attend
military child development centers and participate in child
care and development programs and activities under subchapter
II of chapter 88 of title 10, United States Code, and other
applicable provisions of law, to the same extent, and subject
to the same terms and conditions, as children of members of
the Armed Forces in the regular components are permitted to
attend such centers and participate in such programs and
activities.
(b) Child Care for Children Without Access to Military
Child Development Centers.--(1) In any case where the
children of a covered member of the Reserves who are
geographically dispersed and do not have practical access to
a military child development center, the Secretary shall
satisfy the requirement in subsection (a) with such funds as
are necessary to permit the member's family to secure access
for such children to child care and development programs and
activities in the private sector that are similar in scope
and quality to the child care and development programs and
activities the Secretary would otherwise provide access to
under that subsection.
(2) Funds may be provided under this subsection in
accordance with the provisions of section 1798 of title 10,
United States Code, or by such other mechanism as the
Secretary considers appropriate.
(c) Preservation of Services and Programs.--The Secretary
shall provide for the attendance and participation of
children in military child development centers and child care
and development programs and activities under this section in
a manner that preserves the scope and quality of child care
and development programs and activities otherwise provided by
the Secretary.
(d) Funding.--Amounts available to the Department of
Defense and the military departments for operation and
maintenance shall be available for the costs of the
attendance and participation of children in military child
development centers and child care and development programs
and activities under this section.
(e) Definitions.--In this section:
(1) The term ``covered members of the Reserves'' means
members of the Armed Forces who are called or ordered to
active duty under a provision of law referred to in section
101(a)(13)(B) of title 10, United States Code, for Operation
Enduring Freedom or Operation Iraqi Freedom.
(2) The term ``military child development center'' has the
meaning given such term in section 1800(1) of title 10,
United States Code.
______
SA 3428. Mr. GRAHAM of South Carolina (for himself, Mr. Crapo, Mr.
Alexander, and Mr. Craig) submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for
[[Page S6579]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 384, line 15, strike ``by rule in consultation''
and all that follows through page 385, line 21, and insert
``by rule approved by the Nuclear Regulatory Commission;
(2) has had highly radioactive radionuclides removed to the
maximum extent practical in accordance with the Nuclear
Regulatory Commission-approved criteria; and
(3) in the case of material derived from the storage tanks,
is disposed of in a facility (including a tank) within the
State pursuant to a State-approved closure plan or a State-
issued permit, authority for the approval or issuance of
which is conferred on the State outside of this Act.
(b) Inapplicability to Certain Materials.--Subsection (a)
shall not apply to any material otherwise covered by that
subsection that is transported from the State.
(c) Scope of Authority To Carry Out Actions.--The
Department of Energy may implement any action authorized--
(1) by a State-approved closure plan or State-issued permit
in existence on the date of enactment of this section; or
(2) by a closure plan approved by the State or a permit
issued by the State during the pendency of the rulemaking
provided for in subsection (a).
Any such action may be completed pursuant to the terms of the
closure plan or the State-issued permit notwithstanding the
final criteria adopted by the rulemaking pursuant to
subsection (a).
(d) State Defined.--In this section, the term ``State''
means the State of South Carolina.
(e) Construction.--(1) Nothing in this section shall
affect, alter, or modify the full implementation of--
(A) the settlement agreement entered into by the United
States with the State of Idaho in the actions captioned
Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-
EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in
the United States District Court for the District of Idaho,
and the consent order of the United States District Court for
the District of Idaho, dated October 17, 1995, that
effectuates the settlement agreement;
(B) the Idaho National Engineering Laboratory Federal
Facility Agreement and Consent Order; or
(C) the Hanford Federal Facility Agreement and Consent
Order.
(2) Nothing in this section establishes any precedent or is
binding on the State of Idaho, the State of Washington, or
any other State for the management, storage, treatment, and
disposition of radioactive and hazardous materials.
______
SA 3429. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 272, between the matter following line 18 and line
19, insert the following:
SEC. 1055. EXCEPTION TO BILATERAL AGREEMENT REQUIREMENTS FOR
TRANSFERS OF DEFENSE ITEMS.
(a) Findings.--Congress makes the following findings:
(1) Close defense cooperation between the United States and
each of the United Kingdom and Australia requires
interoperability among the armed forces of those countries.
(2) The need for interoperability must be balanced with the
need for appropriate and effective regulation of trade in
defense items.
(3) The Arms Export Control Act (22 U.S.C. 2751 et seq.)
authorizes the executive branch to administer arms export
policies enacted by Congress in the exercise of its
constitutional power to regulate commerce with foreign
nations.
(4) The executive branch has exercised its authority under
the Arms Export Control Act, in part, through the
International Traffic in Arms Regulations.
(5) Agreements to gain exemption from the International
Traffic in Arms Regulations must be submitted to Congress for
review.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on International Relations and the
Committee on Armed Services of the House of Representatives.
(2) Defense items.--The term ``defense items'' has the
meaning given the term in section 38 of the Arms Export
Control Act (22 U.S.C. 2778).
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means the
regulations maintained under parts 120 through 130 of title
22, Code of Federal Regulations, and any successor
regulations.
(c) Exceptions From Bilateral Agreement Requirements.--
(1) In general.--Subsection (j) of section 38 of the Arms
Export Control Act (22 U.S.C. 2778) is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exceptions from bilateral agreement requirements.--
``(A) Australia.--Subject to section 1055 of the National
Defense Authorization Act for Fiscal Year 2005, the
requirements for a bilateral agreement described in paragraph
(2)(A) shall not apply to a bilateral agreement between the
United States Government and the Government of Australia with
respect to transfers or changes in end use of defense items
within Australia that will remain subject to the licensing
requirements of this Act after such agreement enters into
force.
``(B) United kingdom.--Subject to section 1055 of the
National Defense Authorization Act for Fiscal Year 2005, the
requirements for a bilateral agreement described in
paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not
apply to a bilateral agreement between the United States
Government and the Government of the United Kingdom for an
exemption from the licensing requirements of this Act.''.
(2) Conforming amendment.--Paragraph (2) of such subsection
is amended in the matter preceding subparagraph (A) by
striking ``A bilateral agreement'' and inserting ``Except as
provided in paragraph (4), a bilateral agreement''.
(d) Certifications.--Not later than 30 days before
authorizing an exemption from the licensing requirements of
the International Traffic in Arms Regulations in accordance
with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export
Control Act (22 U.S.C. 2778(j)), as amended by subsection
(c), the President shall certify to the appropriate
congressional committees that such agreement--
(1) is in the national interest of the United States and
will not in any way affect the goals and policy of the United
States under section 1 of the Arms Export Control Act (22
U.S.C. 2751);
(2) does not adversely affect the efficacy of the
International Traffic in Arms Regulations to provide
consistent and adequate controls for licensed exports of
United States defense items; and
(3) will not adversely affect the duties or requirements of
the Secretary of State under the Arms Export Control Act.
(e) Notification of Bilateral Licensing Exemptions.--Not
later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms
Regulations in accordance with any bilateral agreement
entered into with the United Kingdom or Australia under
section 38(j) of the Arms Export Control Act (22 U.S.C.
2778(j)), as amended by subsection (c), the President shall
submit to the appropriate congressional committees the text
of the regulations that authorize such a licensing exemption.
(f) Report on Consultation Issues.--Not later than one year
after the date of the enactment of this Act and annually
thereafter for each of the following 5 years, the President
shall submit to the appropriate congressional committees a
report on issues raised during the previous year in
consultations conducted under the terms of any bilateral
agreement entered into with Australia under section 38(j) of
the Arms Export Control Act, or under the terms of any
bilateral agreement entered into with the United Kingdom
under such section, for exemption from the licensing
requirements of the Arms Export Control Act (22 U.S.C. 2751
et seq.). Each report shall contain--
(1) information on any notifications or consultations
between the United States and the United Kingdom under the
terms of any agreement with the United Kingdom, or between
the United States and Australia under the terms of any
agreement with Australia, concerning the modification,
deletion, or addition of defense items on the United States
Munitions List, the United Kingdom Military List, or the
Australian Defense and Strategic Goods List;
(2) a list of all United Kingdom or Australia persons and
entities that have been designated as qualified persons
eligible to receive United States origin defense items exempt
from the licensing requirements of the Arms Export Control
Act under the terms of such agreements, and listing any
modification, deletion, or addition to such lists, pursuant
to the requirements of any agreement with the United Kingdom
or any agreement with Australia;
(3) information on consultations or steps taken pursuant to
any agreement with the United Kingdom or any agreement with
Australia concerning cooperation and consultation with
either government on the effectiveness of the defense
trade control systems of such government;
(4) information on provisions and procedures undertaken
pursuant to--
(A) any agreement with the United Kingdom with respect to
the handling of United States origin defense items exempt
from the licensing requirements of the Arms Export Control
Act by persons and entities qualified to receive such items
in the United Kingdom; and
[[Page S6580]]
(B) any agreement with Australia with respect to the
handling of United States origin defense items exempt from
the licensing requirements of the Arms Export Control Act by
persons and entities qualified to receive such items in
Australia;
(5) information on any new understandings, including the
text of such understandings, between the United States and
the United Kingdom concerning retransfer of United States
origin defense items made pursuant to any agreement with the
United Kingdom to gain exemption from the licensing
requirements of the Arms Export Control Act;
(6) information on consultations with the Government of the
United Kingdom or the Government of Australia concerning the
legal enforcement of any such agreements;
(7) information on United States origin defense items with
respect to which the United States has provided an exception
under the Memorandum of Understanding between the United
States and the United Kingdom and any agreement between the
United States and Australia from the requirement for United
States Government re-export consent that was not provided for
under United States laws and regulations in effect on the
date of the enactment of this Act; and
(8) information on any significant concerns that have
arisen between the Government of Australia or the Government
of the United Kingdom and the United States Government
concerning any aspect of any bilateral agreement between such
country and the United States to gain exemption from the
licensing requirements of the Arms Export Control Act.
(g) Special Notifications.--
(1) Required notifications.--The Secretary of State shall
notify the appropriate congressional committees not later
than 90 days after receiving any credible information
regarding an unauthorized end-use or diversion of United
States exports of goods or services made pursuant to any
agreement with a country to gain exemption from the licensing
requirements of the Arms Export Control Act. The notification
shall be made in a manner that is consistent with any ongoing
efforts to investigate and commence civil actions or criminal
investigations or prosecutions regarding such matters and may
be made in classified or unclassified form.
(2) Content.--The notification regarding an unauthorized
end-use or diversion of goods or services under paragraph (1)
shall include--
(A) a description of the goods or services;
(B) the United States origin of the good or service;
(C) the authorized recipient of the good or service;
(D) a detailed description of the unauthorized end-use or
diversion, including any knowledge by the United States
exporter of such unauthorized end-use or diversion;
(E) any enforcement action taken by the Government of the
United States; and
(F) any enforcement action taken by the government of the
recipient nation.
______
SA 3430. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) Requirements for Contracts for Leasing of Housing.--
Section 2874 of title 10, United States Code, is amended by
striking subsection (b) and inserting the following new
subsection (b):
``(b) Contract Terms.--Any contract for the lease of
housing units under subsection (a) shall include the
following provisions:
``(1) That the obligation of the United States to make
payments under such contract in any fiscal year shall be
subject to appropriations being available for such fiscal
year and specifically for the project covered by such
contract.
``(2) A commitment to obligate the necessary amount for a
fiscal year covered by such contract when and to the extent
that funds are appropriated for the project covered by such
contract.
``(3) That the commitment described in paragraph (2) does
not constitute an obligation of the United States.''.
(b) Investments Subject to Availability of
Appropriations.--Section 2875(a) of such title is amended by
inserting ``, subject to the availability of appropriations
for such purpose,'' after ``may''.
(c) Repeal of Certain Authorities.--
(1) Rental guarantees.--Section 2876 of such title is
repealed.
(2) Differential lease payments.--Section 2877 of such
title is repealed.
(3) Assignment of members of the armed forces to housing
units.--Section 2882 of such title is repealed.
(d) Increase in Amount of Budget Authority for Military
Family Housing.--Section 2883(g)(1) of such title is amended
by striking ``$850,000,000'' and inserting ``$850,000,001''.
(e) Clerical Amendments.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the items relating to sections 2876,
2877, and 2882.
______
SA 3431. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 243, after the matter following line 18, insert the
following:
SEC. 1014. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES.
(a) Authority To Transfer by Grant.--The Secretary of the
Navy is authorized to transfer vessels to foreign countries
on a grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Chile.--To the Government of Chile, the SPRUANCE class
destroyer O'BANNON (DD 987).
(2) Portugal.--To the Government of Portugal, the OLIVER
HAZARD PERRY class guided missile frigate GEORGE PHILIP (FFG
12) and the OLIVER HAZARD PERRY class guided missile frigate
USS SIDES (FFG 14).
(b) Authority To Transfer by Sale.--The Secretary of the
Navy is authorized to transfer vessels to foreign countries
on a sale basis under section 21 of the Arms Export Control
Act (22 U.S.C. 2761) as follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the
Taiwan instrumentality designated pursuant to section 10(a)
of the Taiwan Relations Act), the ANCHORAGE class dock
landing ship ANCHORAGE (LSD 36).
(2) Chile.--To the Government of Chile, the SPRUANCE class
destroyer FLETCHER (DD 992).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
authority provided by subsection (a) shall not be counted for
the purposes of subsection (g) of that section in the
aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient (notwithstanding
section 516(e)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)(1)) in the case of a transfer authorized to
be made on a grant basis under subsection (a)).
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the country to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United
States, including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this
Act.
______
SA 3432. Mr. WARNER (for himself, Mr. Frist, Mr. Stevens, Mr.
McConnell, Mr. Levin, Mr. McCain, Mrs. Hutchison, Mr. Inhofe, Mr. Kyl,
Mr. Santorum, Mr. Roberts, Mr. Allard, Mr. Sessions, Ms. Collins, Mr.
Ensign, Mr. Talent, Mr. Chambliss, Mr. Graham of South Carolina, Mrs.
Dole, Mr. Cornyn, Mr. Inouye, Mr. Cochran, Mr. Grassley, Mr. Lugar, Mr.
Nickles, Mr. Burns, Mr. Lott, and Mr. Lieberman) submitted an amendment
intended to be proposed by him to the bill S. 2400, to authorize
appropriations for fiscal year 2005 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 2, beginning on line 2, strike ``National Defense
Authorization Act for Fiscal Year 2005'' and insert ``Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005''.
______
SA 3433. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction,
[[Page S6581]]
and for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Services, and
for other purposes; which was ordered to lie on the table; as follows:
On page 311, in the table preceding line 1, insert after
the item relating to Hill Air Force Base, Utah, the following
new item:
------------------------------------------------------------------------
------------------------------------------------------------------------
Wyoming.......................... F.E. Warren Air $5,500,000
Force Base.
------------------------------------------------------------------------
On page 311, in the table preceding line 1, strike the
amount identified as the total in the amount column and
insert ``$452,023,000''.
On page 314, line 10, strike ``$446,523,000'' and insert
``$452,023,000''.
On page 315, line 3, strike ``$863,896,000'' and insert
``$858,396,000''.
______
SA 3434. Mr. McCONNELL (for himself and Ms. Snowe) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 164, after line 18, insert the following:
SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON
THE VALUE RANGE OF THE CONTRACTS TO WHICH A
SMALL BUSINESS CONTRACT RESERVATION APPLIES.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) in the administration of the requirement for
reservation of contracts for small businesses under
subsection (j) of section 15 of the Small Business Act (15
U.S.C. 644), the maximum amount in the contract value range
provided under that subsection should be treated as being
adjusted to the same amount to which the simplified
acquisition threshold is increased whenever such threshold is
increased under law; and
(2) the minimum amount specified in paragraph (1) of such
subsection should not be increased on the basis of cost
inflation.
(b) Simplified Acquisition Threshold Defined.--In this
section, the term ``simplified acquisition threshold'' has
the meaning give such term in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(11)).
______
SA 3435. Mr. McCONNELL (for himself and Mr. Graham) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:
On page 365, between lines 18 and 19, insert the following:
SEC. 2830. LAND CONVEYANCE, NAVAL WEAPONS STATION,
CHARLESTON, SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the Berkeley County Sanitation Authority, South
Carolina (in this section referred to as the ``Authority''),
all right, title, and interest of the United States in and to
a parcel of real property, including any improvements
thereon, consisting of not more than 23 acres and comprising
a portion of the Naval Weapons Station, Charleston, South
Carolina, for the purpose of allowing the Authority to expand
an existing sewage treatment plant.
(b) Consideration.--As consideration for the conveyance of
property under subsection (a), the Authority shall provide
the United States, whether by cash payment, in-kind services,
or a combination thereof, an amount that is not less than the
fair market value, as determined by an appraisal acceptable
to the Secretary, of the property conveyed under such
subsection.
(c) Payment of Costs of Conveyance.--(1) The Secretary may
require the Authority to cover costs incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including appraisal costs, survey costs,
costs related to compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and environmental
remediation, and other administrative costs related to the
conveyance. If the amounts are collected from the Authority
in advance of the Secretary incurring the actual costs, and
the amount collected exceeds the costs actually incurred by
the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the Authority.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be made available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
Authority.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
______
SA 3436. Mr. McCONNELL (for himself, Mr. Bunning, Mr. Bingaman, Mr.
Grassley, Mrs. Clinton, Mr. Domenici, Ms. Cantwell, Mr. Voinovich, Mr.
Schumer, Mr. Alexander, Mr. Kennedy, Mrs. Murray, Mr. DeWine, and Mr.
Talent) submitted an amendment intended to be proposed by him to the
bill S. 2400, to authorize appropriations for fiscal year 2005 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title XXXI, add the following:
Subtitle E--Energy Employees Occupational Illness Compensation Program
SEC. 3161. WORKERS COMPENSATION.
(a) In General.--Subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title
XXXVI of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398); 42 U.S.C. 7385o) is amended to read as follows:
``Subtitle D--Workers Compensation
``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR
EMPLOYEES.
``(a) In General.--In this subtitle, the term `covered
Department of Energy contractor employee' means any
Department of Energy contractor employee determined under
section 3663 to have contracted an occupational illness or
covered illness through exposure at a Department of Energy
facility.
``(b) Exclusion of Illness Through Exposure After
Commencement of New Program.--For purposes of this subtitle,
an occupational illness or covered illness shall not include
any illness contracted by a Department of Energy contractor
employee through exposure at a Department of Energy facility
if the exposure occurs after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2005.
``SEC. 3662. WORKERS COMPENSATION.
``(a) In General.--Except as provided in subsection (b), a
covered Department of Energy contractor employee, or the
survivor of a covered Department of Energy contractor
employee if the covered Department of Energy contractor
employee is deceased, shall receive workers compensation in
an amount determined under section 3664.
``(b) Election To Proceed Under State Workers' Compensation
System.--(1) A Department of Energy contractor employee
otherwise covered by this section may elect to seek workers'
compensation under the appropriate State workers'
compensation system for the occupational illness or covered
illness of the covered Department of Energy contractor
employee rather than seek workers compensation for the
occupational illness or covered illness, as the case may be,
under this subtitle.
``(2) Any Department of Energy contractor employee making
an election under paragraph (1) who becomes entitled to
workers' compensation under the appropriate State workers'
compensation system following an election under that
paragraph is not entitled to receive workers compensation
under this subtitle.
``(c) Funding.--The Secretary of Labor shall make payments
of workers compensation under this section from amounts
authorized to be appropriated for such purpose under section
3670.
``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF
OCCUPATIONAL OR COVERED ILLNESSES.
``(a) Employees Covered by Previous Determination of
Entitlement to Compensation and Benefits.--(1) A Department
of Energy contractor employee who has been determined to be
entitled to compensation and benefits for an occupational
illness contracted in the performance of duty at a Department
of Energy facility under subtitle B shall be treated as
having contracted the occupational illness through exposure
at the Department of Energy facility for purposes of this
subtitle.
``(2) A determination, pursuant to activities under
paragraph (2) of section 3161(d) of the National Defense
Authorization Act for Fiscal Year 2005 before or during the
period of transition of administration of this subtitle to
the Department of Labor under paragraph (1) of such section,
that an individual contracted an occupational illness through
exposure at a Department of Energy facility for purposes of
this subtitle shall be valid for purposes of this subtitle.
``(b) Other Employees.--In the case of a Department of
Energy contractor employee not previously covered by a
determination
[[Page S6582]]
described in subsection (a) with respect to an occupational
illness, the Department of Energy contractor employee shall
be determined to have contracted an illness (in this subtitle
referred to as a `covered illness') through exposure at a
Department of Energy facility for purposes of this subtitle
if--
``(1) it is at least as likely as not that exposure to a
toxic substance was a significant factor in aggravating,
contributing to, or causing the illness; and
``(2) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a
Department of Energy facility.
``(c) Determinations Regarding Employees Not Previously
Covered by Determination of Entitlement.--(1) The Secretary
of Labor shall make each determination under subsection (b)
as to whether or not a Department of Energy contractor
employee described in that subsection contracted a covered
illness related to employment at a Department of Energy
facility.
``(2) The Secretary may utilize the services of physicians
for purposes of making determinations under this subsection.
Any physicians so utilized shall possess appropriate
expertise and experience in the evaluation and diagnosis of
illnesses aggravated, contributed to, or caused by exposure
to toxic substances.
``(3) The Secretary may secure the services of physicians
under this subsection through the appointment of physicians
or by contract.
``(4) The Secretary shall consult with the Secretary of
Health and Human Services before utilizing the services of
physicians for purposes of making determinations under this
subsection.
SEC. 3664. AMOUNT OF WORKERS COMPENSATION.
``(a) In General.--The amount of workers compensation
payable to a covered Department of Energy contractor
employee, or the eligible survivors of a covered Department
of Energy contractor employee, for an occupational illness or
covered illness under section 3662 is the amount of workers'
compensation to which the Department of Energy contractor
employee, or the eligible survivors, respectively, would
otherwise be entitled for the occupational illness or covered
illness, as the case may be, under the appropriate State
workers' compensation system.
``(b) Inapplicability of Certain State Workers'
Compensation System Limitations.--The amount of workers'
compensation to which a covered Department of Energy
contractor employee would otherwise be entitled under
subsection (a) shall be determined without regard to any
requirements under the appropriate State workers'
compensation system for each of the following:
``(1) Statutes of limitation, or other rules limiting
compensation to claims filed within a specified period after
last exposure to a toxic substance or after last employment
by an employer where the employee was exposed to a toxic
substance.
``(2) Exposure rules, including minimum periods of exposure
to toxic substances.
``(3) Causation rules more stringent that the standard in
section 3663(b).
``(4) Burdens of proof, quantum of proof standards, or both
more stringent than the standard in section 3663(b).
``(5) Return to work requirements, including obligations to
participate in vocational rehabilitation and medical
examinations connected with the ability to return to work.
``(6) Medical examinations in addition to medical
examinations required by the Secretary of Labor for the
application of section 3663 in determining causation or
required by the Secretary of Labor for the application of
subsection (c) in determining the amount of workers'
compensation payable.
``(c) Determination of Amount.--(1) The Secretary of Labor
shall determine the amount of workers compensation payable to
each covered Department of Energy contractor employee under
section 3662.
``(2)(A) The Secretary may utilize the assistance of the
workers' compensation system personnel of any State in making
determinations under paragraph (1).
``(B) The utilization of assistance under subparagraph (A)
shall be in accordance with an agreement entered into by the
Secretary and the chief executive officer of the State
concerned.
``(C) An agreement under subparagraph (B) may provide for
the Secretary to reimburse the State concerned for the costs
of the State in providing assistance under the agreement.
``(3)(A) The Secretary may utilize the services of
physicians for purposes of making determinations under this
subsection.
``(B) Any physicians utilized under subparagraph (A) shall
possess appropriate expertise and experience in the
evaluation and determination of the extent of permanent
physical impairments.
``(C) The Secretary may secure the services of physicians
under subparagraph (A) through the appointment of physicians
or by contract.
``SEC. 3665. MEDICAL BENEFITS.
``(a) In General.--A Department of Energy contractor
employee eligible for workers compensation for an
occupational illness or covered illness under this subtitle
shall be furnished medical benefits specified in section 3629
for the occupational illness or covered illness, as the case
may be, to the same extent, and under the same conditions and
limitations, as an individual eligible for medical benefits
under that section is furnished medical benefits under that
section.
``(b) Funding.--Amounts for payments for medical benefits
under this section shall be derived from amounts authorized
to be appropriated for such purpose under section 3670.
``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.
``(a) Status as Department of Energy Contractor Employee.--
An individual may seek the review of a determination that the
individual is not a Department of Energy contractor employee.
``(b) Eligibility and Amount of Workers Compensation.--A
Department of Energy contractor employee may seek the review
of any determination as follows:
``(1) A determination under section 3663(b) that the
Department of Energy contractor employee is not a covered
Department of Energy contractor employee.
``(2) A determination under 3664 of the amount of workers
compensation payable to the Department of Energy contractor
employee under section 3662.
``(c) Review.--(1) The review of a determination under
subsection (a) or (b) shall be conducted by the Secretary of
Labor in accordance with procedures applicable for the review
of claims under sections 30.310 through 30.320 of title 20,
Code of Federal Regulations, or any successor regulations.
``(2)(A) The review of a determination under subsection
(b)(1) shall include review by a physician or physician
panel.
``(B) Each physician or physician on a panel under
subparagraph (A) shall be a physician with experience and
competency in diagnosing illnesses aggravated, contributed
to, or caused by exposure to toxic substances.
``(C) The Secretary of Labor may investigate any allegation
that a physician appointed under this paragraph has a
conflict of interest. If the Secretary of Labor determines
that a conflict of interest exists, the Secretary shall
notify the Secretary of Health and Human Services, who shall
review the allegation.
``(D) Each review by a physician or physician panel under
subparagraph (A) shall be conducted in accordance with such
procedures as the Secretary shall prescribe.
``(3)(A) The results of each review under this subsection
shall be submitted to the Secretary.
``(B) The Secretary shall accept the results of any portion
of a review under this subsection that consists of a review
by a physician or physician panel under paragraph (2) unless
there is substantial evidence to the contrary.
``(d) Reversal of Determinations.--Except as provided in
subsection (c)(3)(B), the Secretary of Labor may vacate or
reverse any determination described in subsection in
subsection (a) or (b) if the Secretary determines, as the
result of a review of such determination under subsection
(c), that such determination was erroneous.
``SEC. 3667. ATTORNEY FEES.
``(a) In General.--Except as provided in subsection (b),
the provisions of section 3648 shall apply to the
availability of attorney fees for assistance on a claim under
this subtitle to the same extent, and subject to the same
conditions and limitations, that such provisions apply to the
availability of attorney fees for assistance on a claim under
subtitle B.
``(b) Attorney Fee Schedule.--(1) The Secretary of Labor
may, by regulation, modify the application of section 3648 to
the availability of attorney fees under this subtitle to
establish a schedule for attorney fees under this subtitle
that will ensure representation of claimants and appropriate
compensation for such representation.
``(2) The amount of attorney fees for assistance on claims
under the schedule of attorney fees shall take into
appropriate account the nature and complexity of the legal
issues involved in such claims and the procedural level at
which assistance is given.
``SEC. 3668. ADMINISTRATIVE MATTERS.
``(a) In General.--The Secretary of Labor shall administer
the provisions of this subtitle.
``(b) Contract Authority.--(1) The Secretary may enter into
contracts with appropriate persons and entities in order to
administer the provisions of this subtitle.
``(2) The authority of the Secretary to enter into
contracts under this subtitle shall be effective in any
fiscal year only to the extent and in such amount as are
provided in advance in appropriations Acts.
``(c) Records.--(1)(A) The Secretary of Energy shall
provide to the Secretary of Labor all records, files, and
other data, whether paper, electronic, imaged, or otherwise,
developed by the Secretary of Energy that are applicable to
the administration of the provisions of this subtitle by the
Secretary of Labor, including records, files, and data on
facility industrial hygiene, employment of individuals or
groups, exposure and medical records, and claims
applications.
``(B) In providing records, files, and other data under
this paragraph, the Secretary of Energy shall preserve the
current organization of such records, files, and other data,
and shall provide such description and indexing of such
records, files, and other data as the Secretary of Energy and
the Secretary of Labor jointly consider appropriate to
facilitate their use by the Secretary of Labor for purposes
of this subtitle.
``(2) The Secretary of Energy and the Secretary of Labor
shall jointly undertake such
[[Page S6583]]
actions as are appropriate to retrieve records applicable to
the claims of Department of Energy contractor employees for
workers compensation under this subtitle, including
employment records, records of exposure to beryllium,
radiation, silicon, or metals or volatile organic chemicals,
and records regarding medical treatment.
``(d) Regulations.--The Secretary of Labor shall prescribe
regulations necessary for the administration of the
provisions of this subtitle.
``SEC. 3669. OFFICE OF OMBUDSMAN.
``(a) Establishment.--There is established in the
Department of Labor an office to be known as the `Office of
the Ombudsman' (in this section referred to as the `Office').
``(b) Head.--The head of the Office shall be the Ombudsman.
The individual serving as Ombudsman shall be either of the
following:
``(1) An officer or employee of the Department of Labor
designated by the Secretary for purposes of this section from
among officers and employees of the Department who have
experience and expertise necessary to carry out the duties of
the Office specified in subsection (c).
``(2) An individual employed by the Secretary from the
private sector from among individuals in the private sector
who have experience and expertise necessary to carry out the
duties of the Office specified in subsection (c).
``(c) Duties.--The duties of the Office shall be as
follows:
``(1) To assist individuals in making claims under this
subtitle.
``(2) To provide information on the benefits available
under this subtitle and on the requirements and procedures
applicable to the provision of such benefits.
``(3) To act as an advocate on behalf of individuals
seeking benefits under this subtitle.
``(4) To make recommendations to the Secretary regarding
the location of centers (to be known as `resource centers')
for the acceptance and development of claims for benefits
under this subtitle.
``(5) To carry out such other duties with respect to this
subtitle as the Secretary shall specify for purposes of this
section.
``(d) Independent Office.--The Secretary shall take
appropriate actions to ensure the independence of the Office
within the Department of Labor, including independence from
other officers and employees of the Department engaged in
activities relating to the administration of the provisions
of this subtitle.
``(e) Annual Report.--(1) Not later than February 15 each
year, the Ombudsman shall submit to Congress a report on
activities under this subtitle.
``(2) Each report under paragraph (1) shall set forth the
following:
``(A) The number and types of complaints, grievances, and
requests for assistance received by the Ombudsman under this
subtitle during the preceding year.
``(B) An assessment of the most common difficulties
encountered by claimants and potential claimants under this
subtitle during the preceding year.
``(C) Such recommendations as the Ombudsman considers
appropriate for the improvement of the practices of the
Department of Labor in administering this subtitle.
``(D) Such recommendations at the Ombudsman considers
appropriate for modifying the authorities and requirements of
this subtitle in order to better address the workers
compensation interests of covered Department of Energy
contractor employees and others, as determined by the
Ombudsman, meriting benefits under this subtitle.
``(3) No official of the Department of Labor, or of any
other department or agency of the Federal Government, may
require the review or approval of a report of the Ombudsman
under this subsection before the submittal of such report to
Congress.
``(f) Outreach.--The Secretary of Labor and the Secretary
of Health and Human Services shall each undertake outreach to
advise the public of the existence and duties of the Office.
``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Labor for fiscal year
2005 and each fiscal year thereafter such sums as may be
necessary in such fiscal year for--
``(1) the provision of compensation and benefits under this
subtitle; and
``(2) the administration of the provisions of this
subtitle.
``(b) Availability Without Fiscal Year Limitation.--Amounts
authorized to be appropriated by subsection (a) shall remain
available without fiscal year limitation.
``(c) Availability of Amounts Subject to Appropriations
Acts.--The authority to provide compensation and benefits
under this subtitle shall be effective in any fiscal year
only to the extent and in such amounts as are provided in
advance in appropriations Acts.''.
(b) Conforming Amendment.--Section 3643 of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385b) is amended by striking ``The
acceptance'' and inserting ``Except as provided in subtitle
D, the acceptance''.
(c) Regulations.--The Secretary of Labor shall prescribe
the regulations required by section 3668(d) of the Energy
Employees Occupational Illness Compensation Program Act of
2000, as amended by this section, not later than 120 days
after the date of the enactment of this Act. The Secretary
may prescribe interim final regulations necessary to meet the
deadlines specified in the preceding sentence and subsection
(d)(1).
(d) Transition.--(1) The Secretary of Labor shall commence
the administration of the provisions of subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000, as amended by this section, not later than 180
days after the date of the enactment of this Act.
(2) The Secretary of Energy and the Secretary of Labor
shall jointly take such actions as are appropriate--
(A) to identify the activities under subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000, as in effect on the day before the date of the
enactment of this Act, that will continue under that
subtitle, as amended by this section, upon the commencement
of the administration of that subtitle, as so amended, by the
Secretary of Labor under paragraph (1); and
(B) to ensure the continued discharge of such activities
until the commencement of the administration of that
subtitle, as so amended, by the Secretary of Labor under
paragraph (1).
(3)(A) In carrying out activities under paragraph (2), the
Secretary of Energy shall only conduct a causation review on
a claim if the claim is completely prepared and awaiting
review as of the date of the enactment of this Act.
(B) Activities under paragraph (2) on any claim covered by
such activities that is not described by subparagraph (A)
shall be carried out by the Secretary of Labor.
(e) Provision of Records.--The Secretary of Energy shall,
to the maximum extent practicable, complete the provision of
records to the Secretary of Labor under section 3668(c)(1) of
the Energy Employees Occupational Illness Compensation
Program Act of 2000, as amended by this section, not later
than 60 days after the date of the enactment of this Act.
(f) Site Profiles.--(1)(A) The Secretary of Labor shall
prepare a site profile for each of the 14 Department of
Energy facilities that have received the most number of
claims for compensation and benefits under subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000 as of the date of the enactment of this Act.
(B) The Secretary of Labor shall prepare a site profile
under subparagraph (A) utilizing the former worker medical
screening programs of the Department of Energy.
(2) If the Secretary of Labor determines that the
preparation of a site profile for a facility cannot be
performed under paragraph (1) because no worker medical
screening activities occurred for the facility, or that
preparation of the profile is otherwise impracticable, the
site profile for the facility shall be prepared by the
National Institute of Occupational Safety and Health.
(3) All site profiles required by this subsection shall be
completed not later than 210 days after the date of the
enactment of this Act.
(4) The Secretary of Energy shall provide the Secretary of
Labor with any support that the Secretary of Labor considers
necessary for carrying out this subsection.
(5) In this subsection, the term ``site profile'', in the
case of a Department of Energy facility, means an exposure
assessment that--
(A) identifies any processes and toxic substances used in
the facility;
(B) establishes the times in which such toxic substances
were used in the facility; and
(C) establishes the degree of exposure to such toxic
substances taking into account available records and studies
and information on such processes and toxic substances.
(g) Sense of Congress.--It is the sense of Congress that
the Secretary of Energy should--
(1) adopt a policy not to oppose any final positive
determinations with respect to injured workers at Department
of Energy facilities and atomic weapons employer facilities
under State adjudication systems unless such determinations
are frivolous; and
(2) incorporate the policy referred to in paragraph (1) in
all Department of Energy contracts with non-Federal
government entities to which such policy could apply.
(h) Funding for Administration in Fiscal Year 2005.--(1) Of
the amount authorized to be appropriated for fiscal year 2005
by section 3102(a)(1) for environmental management for
defense site acceleration completion, $2,000,000 shall be
available for purposes of the administration of the
provisions of subtitle D of the Energy Employees Occupational
Illness Compensation Program Act of 2000, as amended by this
section, during fiscal year 2005.
(2) The Secretary of Energy shall transfer to the Secretary
of Labor the amount available under paragraph (1) for the
purposes specified in that paragraph.
(3) The Secretary of Labor shall utilize amounts
transferred to the Secretary under paragraph (2) for the
purposes specified in paragraph (1).
SEC. 3162. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
Notwithstanding any other provision of this Act, section
3143, relating to enhancements of the Energy Employees
Occupational Illness Compensation Program, shall have no
force or effect, and the amendments specified in such section
shall not be made.
[[Page S6584]]
SEC. 3163. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY
EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM IN WESTERN NEW
YORK AND WESTERN PENNSYLVANIA REGION.
(a) Findings.--The Senate makes the following findings:
(1) New York has 36 current or former Department of Energy
facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer
facilities, and 14 such facilities in western New York.
Despite having one of the greatest concentrations of such
facilities in the United States, western New York, and
abutting areas of Pennsylvania, continue to be severely
underserved by the Energy Employees Occupational Illness
Compensation Program under the Energy Employees Occupational
Illness Compensation Program Act of 2000 (title XXXVI of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398); 42
U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New York
region, including western Pennsylvania, exceeds the number of
such claims filed at resource centers in Hanford, Washington,
Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test
Site, Nevada, the Rocky Flats Environmental Technology Site,
Colorado, the Idaho National Engineering Laboratory, Idaho,
and the Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 commensurate with the
assistance provided energy employees at other locations in
the United States.
(b) Sense of Senate.--It is the sense of the Senate to
encourage the Office of Ombudsman of the Department of Labor,
as established by section 3669 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as
amended by section 3161 of this Act), to--
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western New
York region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
______
SA 3437. Mr. McCONNELL (for himself, Mr. Bunning, Mr. Bingaman, Mr.
Grassley, Mrs. Clinton, Mr. Domenici, Ms. Cantwell, Mr. Voinovich, Mr.
Schumer, Mr. Alexander, Mr. Kennedy, Ms. Murkowski, Mrs. Murray, Mr.
DeWine, and Mr. Talent) submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title XXXI, add the following:
Subtitle E--Energy Employees Occupational Illness Compensation Program
SEC. 3161. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS
EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL
CONTAMINATION.
Paragraph (3) of section 3621 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title
XXXVI of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398); 42 U.S.C. 7384l) is amended to read as follows:
``(3) The term `atomic weapons employee' means any of the
following:
``(A) An individual employed by an atomic weapons employer
during a period when the employer was processing or
producing, for the use by the United States, material that
emitted radiation and was used in the production of an atomic
weapon, excluding uranium mining and milling.
``(B) An individual employed--
``(i) at a facility with respect to which the National
Institute for Occupational Safety and Health, in its report
dated October 2003 and titled `Report on Residual Radioactive
and Beryllium Contamination at Atomic Weapons Employer
Facilities and Beryllium Vendor Facilities', or any update to
that report, found that there is a potential for significant
residual contamination outside of the period in which
weapons-related production occurred;
``(ii) by an atomic weapons employer or subsequent owner or
operators of a facility described in clause (i); and
``(ii) during a period, as specified in such report or any
update to such report, of potential for significant residual
radioactive contamination at such facility.''.
SEC. 3162. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF
FACILITIES.
(a) Update of Report.--Not later than December 31, 2006,
the Director of the National Institute for Occupational
Safety and Health shall submit to Congress an update to the
report required by section 3151(b) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
42 U.S.C. 7384 note).
(b) Elements.--The update shall--
(1) for each facility for which such report found that
insufficient information was available to determine whether
significant residual contamination was present, determine
whether significant residual contamination was present;
(2) for each facility for which such report found that
significant residual contamination remained present as of the
date of the report, determine the date on which such
contamination ceased to be present;
(3) for each facility for which such report found that
significant residual contamination was present but for which
the Director has been unable to determine the extent to which
such contamination is attributable to atomic weapons-related
activities, identify the specific dates of coverage
attributable to such activities and, in so identifying,
presume that such contamination is attributable to such
activities until there is evidence of decontamination of
residual contamination identified with atomic weapons-related
activities; and
(4) if new information that pertains to the report has been
made available to the Director since that report was
submitted, identify and describe such information.
(c) Publication.--The Director shall ensure that the report
referred to in subsection (a) is published in the Federal
Register not later than 15 days after being released.
SEC. 3163. WORKERS COMPENSATION.
(a) In General.--Subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title
XXXVI of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398); 42 U.S.C. 7385o) is amended to read as follows:
``Subtitle D--Workers Compensation
``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR
EMPLOYEES.
``(a) In General.--In this subtitle, the term `covered
Department of Energy contractor employee' means any
Department of Energy contractor employee determined under
section 3663 to have contracted an occupational illness or
covered illness through exposure at a Department of Energy
facility.
``(b) Exclusion of Illness Through Exposure After
Commencement of New Program.--For purposes of this subtitle,
an occupational illness or covered illness shall not include
any illness contracted by a Department of Energy contractor
employee through exposure at a Department of Energy facility
if the exposure occurs after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2005.
``SEC. 3662. WORKERS COMPENSATION.
``(a) In General.--Except as provided in subsection (b), a
covered Department of Energy contractor employee, or the
survivor of a covered Department of Energy contractor
employee if the covered Department of Energy contractor
employee is deceased, shall receive workers compensation in
an amount determined under section 3664.
``(b) Election To Proceed Under State Workers' Compensation
System.--(1) A Department of Energy contractor employee
otherwise covered by this section may elect to seek workers'
compensation under the appropriate State workers'
compensation system for the occupational illness or covered
illness of the covered Department of Energy contractor
employee rather than seek workers compensation for the
occupational illness or covered illness, as the case may be,
under this subtitle.
``(2) Any Department of Energy contractor employee making
an election under paragraph (1) who becomes entitled to
workers' compensation under the appropriate State workers'
compensation system following an election under that
paragraph is not entitled to receive workers compensation
under this subtitle.
``(c) Funding.--The Secretary of Labor shall make payments
of workers compensation under this section from amounts
authorized to be appropriated for such purpose under section
3670.
``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF
OCCUPATIONAL OR COVERED ILLNESSES.
``(a) Employees Covered by Previous Determination of
Entitlement to Compensation and Benefits.--(1) A Department
of Energy contractor employee who has been determined to be
entitled to compensation and benefits for an occupational
illness contracted in the performance of duty at a Department
of Energy facility under subtitle B shall be treated as
having contracted the occupational illness through exposure
at the Department of Energy facility for purposes of this
subtitle.
``(2) A determination, pursuant to activities under
paragraph (2) of section 3163(d) of the National Defense
Authorization Act for Fiscal Year 2005 before or during the
period of transition of administration of this subtitle to
the Department of Labor under paragraph (1) of such section,
that an individual contracted an occupational illness through
exposure at a Department of Energy facility for purposes of
this subtitle shall be valid for purposes of this subtitle.
[[Page S6585]]
``(b) Other Employees.--In the case of a Department of
Energy contractor employee not previously covered by a
determination described in subsection (a) with respect to an
occupational illness, the Department of Energy contractor
employee shall be determined to have contracted an illness
(in this subtitle referred to as a `covered illness') through
exposure at a Department of Energy facility for purposes of
this subtitle if--
``(1) it is at least as likely as not that exposure to a
toxic substance was a significant factor in aggravating,
contributing to, or causing the illness; and
``(2) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a
Department of Energy facility.
``(c) Determinations Regarding Employees Not Previously
Covered by Determination of Entitlement.--(1) The Secretary
of Labor shall make each determination under subsection (b)
as to whether or not a Department of Energy contractor
employee described in that subsection contracted a covered
illness related to employment at a Department of Energy
facility.
``(2) The Secretary may utilize the services of physicians
for purposes of making determinations under this subsection.
Any physicians so utilized shall possess appropriate
expertise and experience in the evaluation and diagnosis of
illnesses aggravated, contributed to, or caused by exposure
to toxic substances.
``(3) The Secretary may secure the services of physicians
under this subsection through the appointment of physicians
or by contract.
``(4) The Secretary shall consult with the Secretary of
Health and Human Services before utilizing the services of
physicians for purposes of making determinations under this
subsection.
SEC. 3664. AMOUNT OF WORKERS COMPENSATION.
``(a) In General.--The amount of workers compensation
payable to a covered Department of Energy contractor
employee, or the eligible survivors of a covered Department
of Energy contractor employee, for an occupational illness or
covered illness under section 3662 is the amount of workers'
compensation to which the Department of Energy contractor
employee, or the eligible survivors, respectively, would
otherwise be entitled for the occupational illness or covered
illness, as the case may be, under the appropriate State
workers' compensation system.
``(b) Inapplicability of Certain State Workers'
Compensation System Limitations.--The amount of workers'
compensation to which a covered Department of Energy
contractor employee would otherwise be entitled under
subsection (a) shall be determined without regard to any
requirements under the appropriate State workers'
compensation system for each of the following:
``(1) Statutes of limitation, or other rules limiting
compensation to claims filed within a specified period after
last exposure to a toxic substance or after last employment
by an employer where the employee was exposed to a toxic
substance.
``(2) Exposure rules, including minimum periods of exposure
to toxic substances.
``(3) Causation rules more stringent that the standard in
section 3663(b).
``(4) Burdens of proof, quantum of proof standards, or both
more stringent than the standard in section 3663(b).
``(5) Return to work requirements, including obligations to
participate in vocational rehabilitation and medical
examinations connected with the ability to return to work.
``(6) Medical examinations in addition to medical
examinations required by the Secretary of Labor for the
application of section 3663 in determining causation or
required by the Secretary of Labor for the application of
subsection (c) in determining the amount of workers'
compensation payable.
``(c) Determination of Amount.--(1) The Secretary of Labor
shall determine the amount of workers compensation payable to
each covered Department of Energy contractor employee under
section 3662.
``(2)(A) The Secretary may utilize the assistance of the
workers' compensation system personnel of any State in making
determinations under paragraph (1).
``(B) The utilization of assistance under subparagraph (A)
shall be in accordance with an agreement entered into by the
Secretary and the chief executive officer of the State
concerned.
``(C) An agreement under subparagraph (B) may provide for
the Secretary to reimburse the State concerned for the costs
of the State in providing assistance under the agreement.
``(3)(A) The Secretary may utilize the services of
physicians for purposes of making determinations under this
subsection.
``(B) Any physicians utilized under subparagraph (A) shall
possess appropriate expertise and experience in the
evaluation and determination of the extent of permanent
physical impairments.
``(C) The Secretary may secure the services of physicians
under subparagraph (A) through the appointment of physicians
or by contract.
``SEC. 3665. MEDICAL BENEFITS.
``(a) In General.--A Department of Energy contractor
employee eligible for workers compensation for an
occupational illness or covered illness under this subtitle
shall be furnished medical benefits specified in section 3629
for the occupational illness or covered illness, as the case
may be, to the same extent, and under the same conditions and
limitations, as an individual eligible for medical benefits
under that section is furnished medical benefits under that
section.
``(b) Funding.--Amounts for payments for medical benefits
under this section shall be derived from amounts authorized
to be appropriated for such purpose under section 3670.
``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.
``(a) Status as Department of Energy Contractor Employee.--
An individual may seek the review of a determination that the
individual is not a Department of Energy contractor employee.
``(b) Eligibility and Amount of Workers Compensation.--A
Department of Energy contractor employee may seek the review
of any determination as follows:
``(1) A determination under section 3663(b) that the
Department of Energy contractor employee is not a covered
Department of Energy contractor employee.
``(2) A determination under 3664 of the amount of workers
compensation payable to the Department of Energy contractor
employee under section 3662.
``(c) Review.--(1) The review of a determination under
subsection (a) or (b) shall be conducted by the Secretary of
Labor in accordance with procedures applicable for the review
of claims under sections 30.310 through 30.320 of title 20,
Code of Federal Regulations, or any successor regulations.
``(2)(A) The review of a determination under subsection
(b)(1) shall include review by a physician or physician
panel.
``(B) Each physician or physician on a panel under
subparagraph (A) shall be a physician with experience and
competency in diagnosing illnesses aggravated, contributed
to, or caused by exposure to toxic substances.
``(C) The Secretary of Labor may investigate any allegation
that a physician appointed under this paragraph has a
conflict of interest. If the Secretary of Labor determines
that a conflict of interest exists, the Secretary shall
notify the Secretary of Health and Human Services, who shall
review the allegation.
``(D) Each review by a physician or physician panel under
subparagraph (A) shall be conducted in accordance with such
procedures as the Secretary shall prescribe.
``(3)(A) The results of each review under this subsection
shall be submitted to the Secretary.
``(B) The Secretary shall accept the results of any portion
of a review under this subsection that consists of a review
by a physician or physician panel under paragraph (2) unless
there is substantial evidence to the contrary.
``(d) Reversal of Determinations.--Except as provided in
subsection (c)(3)(B), the Secretary of Labor may vacate or
reverse any determination described in subsection in
subsection (a) or (b) if the Secretary determines, as the
result of a review of such determination under subsection
(c), that such determination was erroneous.
``SEC. 3667. ATTORNEY FEES.
``(a) In General.--Except as provided in subsection (b),
the provisions of section 3648 shall apply to the
availability of attorney fees for assistance on a claim under
this subtitle to the same extent, and subject to the same
conditions and limitations, that such provisions apply to the
availability of attorney fees for assistance on a claim under
subtitle B.
``(b) Attorney Fee Schedule.--(1) The Secretary of Labor
may, by regulation, modify the application of section 3648 to
the availability of attorney fees under this subtitle to
establish a schedule for attorney fees under this subtitle
that will ensure representation of claimants and appropriate
compensation for such representation.
``(2) The amount of attorney fees for assistance on claims
under the schedule of attorney fees shall take into
appropriate account the nature and complexity of the legal
issues involved in such claims and the procedural level at
which assistance is given.
``SEC. 3668. ADMINISTRATIVE MATTERS.
``(a) In General.--The Secretary of Labor shall administer
the provisions of this subtitle.
``(b) Contract Authority.--(1) The Secretary may enter into
contracts with appropriate persons and entities in order to
administer the provisions of this subtitle.
``(2) The authority of the Secretary to enter into
contracts under this subtitle shall be effective in any
fiscal year only to the extent and in such amount as are
provided in advance in appropriations Acts.
``(c) Records.--(1)(A) The Secretary of Energy shall
provide to the Secretary of Labor all records, files, and
other data, whether paper, electronic, imaged, or otherwise,
developed by the Secretary of Energy that are applicable to
the administration of the provisions of this subtitle by the
Secretary of Labor, including records, files, and data on
facility industrial hygiene, employment of individuals or
groups, exposure and medical records, and claims
applications.
``(B) In providing records, files, and other data under
this paragraph, the Secretary of Energy shall preserve the
current organization of such records, files, and other data,
and shall provide such description and indexing of such
records, files, and other data as the Secretary of Energy and
the Secretary of Labor jointly consider appropriate to
facilitate their use by the Secretary of Labor for purposes
of this subtitle.
[[Page S6586]]
``(2) The Secretary of Energy and the Secretary of Labor
shall jointly undertake such actions as are appropriate to
retrieve records applicable to the claims of Department of
Energy contractor employees for workers compensation under
this subtitle, including employment records, records of
exposure to beryllium, radiation, silicon, or metals or
volatile organic chemicals, and records regarding medical
treatment.
``(d) Regulations.--The Secretary of Labor shall prescribe
regulations necessary for the administration of the
provisions of this subtitle.
``SEC. 3669. OFFICE OF OMBUDSMAN.
``(a) Establishment.--There is established in the
Department of Labor an office to be known as the `Office of
the Ombudsman' (in this section referred to as the `Office').
``(b) Head.--The head of the Office shall be the Ombudsman.
The individual serving as Ombudsman shall be either of the
following:
``(1) An officer or employee of the Department of Labor
designated by the Secretary for purposes of this section from
among officers and employees of the Department who have
experience and expertise necessary to carry out the duties of
the Office specified in subsection (c).
``(2) An individual employed by the Secretary from the
private sector from among individuals in the private sector
who have experience and expertise necessary to carry out the
duties of the Office specified in subsection (c).
``(c) Duties.--The duties of the Office shall be as
follows:
``(1) To assist individuals in making claims under this
subtitle.
``(2) To provide information on the benefits available
under this subtitle and on the requirements and procedures
applicable to the provision of such benefits.
``(3) To act as an advocate on behalf of individuals
seeking benefits under this subtitle.
``(4) To make recommendations to the Secretary regarding
the location of centers (to be known as `resource centers')
for the acceptance and development of claims for benefits
under this subtitle.
``(5) To carry out such other duties with respect to this
subtitle as the Secretary shall specify for purposes of this
section.
``(d) Independent Office.--The Secretary shall take
appropriate actions to ensure the independence of the Office
within the Department of Labor, including independence from
other officers and employees of the Department engaged in
activities relating to the administration of the provisions
of this subtitle.
``(e) Annual Report.--(1) Not later than February 15 each
year, the Ombudsman shall submit to Congress a report on
activities under this subtitle.
``(2) Each report under paragraph (1) shall set forth the
following:
``(A) The number and types of complaints, grievances, and
requests for assistance received by the Ombudsman under this
subtitle during the preceding year.
``(B) An assessment of the most common difficulties
encountered by claimants and potential claimants under this
subtitle during the preceding year.
``(C) Such recommendations as the Ombudsman considers
appropriate for the improvement of the practices of the
Department of Labor in administering this subtitle.
``(D) Such recommendations at the Ombudsman considers
appropriate for modifying the authorities and requirements of
this subtitle in order to better address the workers
compensation interests of covered Department of Energy
contractor employees and others, as determined by the
Ombudsman, meriting benefits under this subtitle.
``(3) No official of the Department of Labor, or of any
other department or agency of the Federal Government, may
require the review or approval of a report of the Ombudsman
under this subsection before the submittal of such report to
Congress.
``(f) Outreach.--The Secretary of Labor and the Secretary
of Health and Human Services shall each undertake outreach to
advise the public of the existence and duties of the Office.
``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Labor for fiscal year
2005 and each fiscal year thereafter such sums as may be
necessary in such fiscal year for--
``(1) the provision of compensation and benefits under this
subtitle; and
``(2) the administration of the provisions of this
subtitle.
``(b) Availability Without Fiscal Year Limitation.--Amounts
authorized to be appropriated by subsection (a) shall remain
available without fiscal year limitation.
``(c) Availability of Amounts Subject to Appropriations
Acts.--The authority to provide compensation and benefits
under this subtitle shall be effective in any fiscal year
only to the extent and in such amounts as are provided in
advance in appropriations Acts.''.
(b) Conforming Amendment.--Section 3643 of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385b) is amended by striking ``The
acceptance'' and inserting ``Except as provided in subtitle
D, the acceptance''.
(c) Regulations.--The Secretary of Labor shall prescribe
the regulations required by section 3668(d) of the Energy
Employees Occupational Illness Compensation Program Act of
2000, as amended by this section, not later than 120 days
after the date of the enactment of this Act. The Secretary
may prescribe interim final regulations necessary to meet the
deadlines specified in the preceding sentence and subsection
(d)(1).
(d) Transition.--(1) The Secretary of Labor shall commence
the administration of the provisions of subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000, as amended by this section, not later than 180
days after the date of the enactment of this Act.
(2) The Secretary of Energy and the Secretary of Labor
shall jointly take such actions as are appropriate--
(A) to identify the activities under subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000, as in effect on the day before the date of the
enactment of this Act, that will continue under that
subtitle, as amended by this section, upon the commencement
of the administration of that subtitle, as so amended, by the
Secretary of Labor under paragraph (1); and
(B) to ensure the continued discharge of such activities
until the commencement of the administration of that
subtitle, as so amended, by the Secretary of Labor under
paragraph (1).
(3)(A) In carrying out activities under paragraph (2), the
Secretary of Energy shall only conduct a causation review on
a claim if the claim is completely prepared and awaiting
review as of the date of the enactment of this Act.
(B) Activities under paragraph (2) on any claim covered by
such activities that is not described by subparagraph (A)
shall be carried out by the Secretary of Labor.
(e) Provision of Records.--The Secretary of Energy shall,
to the maximum extent practicable, complete the provision of
records to the Secretary of Labor under section 3668(c)(1) of
the Energy Employees Occupational Illness Compensation
Program Act of 2000, as amended by this section, not later
than 60 days after the date of the enactment of this Act.
(f) Site Profiles.--(1)(A) The Secretary of Labor shall
prepare a site profile for each of the 14 Department of
Energy facilities that have received the most number of
claims for compensation and benefits under subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000 as of the date of the enactment of this Act.
(B) The Secretary of Labor shall prepare a site profile
under subparagraph (A) utilizing the former worker medical
screening programs of the Department of Energy.
(2) If the Secretary of Labor determines that the
preparation of a site profile for a facility cannot be
performed under paragraph (1) because no worker medical
screening activities occurred for the facility, or that
preparation of the profile is otherwise impracticable, the
site profile for the facility shall be prepared by the
National Institute of Occupational Safety and Health.
(3) All site profiles required by this subsection shall be
completed not later than 210 days after the date of the
enactment of this Act.
(4) The Secretary of Energy shall provide the Secretary of
Labor with any support that the Secretary of Labor considers
necessary for carrying out this subsection.
(5) In this subsection, the term ``site profile'', in the
case of a Department of Energy facility, means an exposure
assessment that--
(A) identifies any processes and toxic substances used in
the facility;
(B) establishes the times in which such toxic substances
were used in the facility; and
(C) establishes the degree of exposure to such toxic
substances taking into account available records and studies
and information on such processes and toxic substances.
(g) Sense of Congress.--It is the sense of Congress that
the Secretary of Energy should--
(1) adopt a policy not to oppose any final positive
determinations with respect to injured workers at Department
of Energy facilities and atomic weapons employer facilities
under State adjudication systems unless such determinations
are frivolous; and
(2) incorporate the policy referred to in paragraph (1) in
all Department of Energy contracts with non-Federal
government entities to which such policy could apply.
(h) Funding for Administration in Fiscal Year 2005.--(1) Of
the amount authorized to be appropriated for fiscal year 2005
by section 3102(a)(1) for environmental management for
defense site acceleration completion, $2,000,000 shall be
available for purposes of the administration of the
provisions of subtitle D of the Energy Employees Occupational
Illness Compensation Program Act of 2000, as amended by this
section, during fiscal year 2005.
(2) The Secretary of Energy shall transfer to the Secretary
of Labor the amount available under paragraph (1) for the
purposes specified in that paragraph.
(3) The Secretary of Labor shall utilize amounts
transferred to the Secretary under paragraph (2) for the
purposes specified in paragraph (1).
SEC. 3164. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
Notwithstanding any other provision of this Act, section
3143, relating to enhancements of the Energy Employees
Occupational Illness Compensation Program, shall have no
force or effect, and the amendments specified in such section
shall not be made.
[[Page S6587]]
SEC. 3165. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY
EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM IN WESTERN NEW
YORK AND WESTERN PENNSYLVANIA REGION.
(a) Findings.--The Senate makes the following findings:
(1) New York has 36 current or former Department of Energy
facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer
facilities, and 14 such facilities in western New York.
Despite having one of the greatest concentrations of such
facilities in the United States, western New York, and
abutting areas of Pennsylvania, continue to be severely
underserved by the Energy Employees Occupational Illness
Compensation Program under the Energy Employees Occupational
Illness Compensation Program Act of 2000 (title XXXVI of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398); 42
U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New York
region, including western Pennsylvania, exceeds the number of
such claims filed at resource centers in Hanford, Washington,
Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test
Site, Nevada, the Rocky Flats Environmental Technology Site,
Colorado, the Idaho National Engineering Laboratory, Idaho,
and the Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 commensurate with the
assistance provided energy employees at other locations in
the United States.
(b) Sense of Senate.--It is the sense of the Senate to
encourage the Office of Ombudsman of the Department of Labor,
as established by section 3669 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as
amended by section 3163 of this Act), to--
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western New
York region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
______
SA 3438. Mr. McCONNELL (for himself, Mr. Bunning, Mr. Bingaman, Mr.
Grassley, Mrs. Clinton, Mr. Domenici, Ms. Cantwell, Mr. Voinovich, Mr.
Schumer, Mr. Alexander, Mr. Kennedy, Ms. Murkowski, Mrs. Murray, Mr.
DeWine, and Mr. Talent) submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title XXXI, add the following:
Subtitle E--Energy Employees Occupational Illness Compensation Program
SEC. 3161. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS
EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL
CONTAMINATION.
(a) Coverage.--Paragraph (3) of section 3621 of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398); 42 U.S.C. 7384l) is amended to read
as follows:
``(3) The term `atomic weapons employee' means any of the
following:
``(A) An individual employed by an atomic weapons employer
during a period when the employer was processing or
producing, for the use by the United States, material that
emitted radiation and was used in the production of an atomic
weapon, excluding uranium mining and milling.
``(B) An individual employed--
``(i) at a facility with respect to which the National
Institute for Occupational Safety and Health, in its report
dated October 2003 and titled `Report on Residual Radioactive
and Beryllium Contamination at Atomic Weapons Employer
Facilities and Beryllium Vendor Facilities', or any update to
that report, found that there is a potential for significant
residual contamination outside of the period in which
weapons-related production occurred;
``(ii) by an atomic weapons employer or subsequent owner or
operators of a facility described in clause (i); and
``(iii) during a period, as specified in such report or any
update to such report, of potential for significant residual
radioactive contamination at such facility.''.
(b) Funding Offset Relating to Extension of Customs User
Fees.--Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) by striking ``Fees'' and inserting ``(A) Except as
provided in subparagraph (B), fees''; and
(2) by adding at the end the following new subparagraph:
``(B) Fees may not be charged under paragraphs (1) through
(8) of subsection (a) after June 1, 2005.''.
SEC. 3162. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF
FACILITIES.
(a) Update of Report.--Not later than December 31, 2006,
the Director of the National Institute for Occupational
Safety and Health shall submit to Congress an update to the
report required by section 3151(b) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
42 U.S.C. 7384 note).
(b) Elements.--The update shall--
(1) for each facility for which such report found that
insufficient information was available to determine whether
significant residual contamination was present, determine
whether significant residual contamination was present;
(2) for each facility for which such report found that
significant residual contamination remained present as of the
date of the report, determine the date on which such
contamination ceased to be present;
(3) for each facility for which such report found that
significant residual contamination was present but for which
the Director has been unable to determine the extent to which
such contamination is attributable to atomic weapons-related
activities, identify the specific dates of coverage
attributable to such activities and, in so identifying,
presume that such contamination is attributable to such
activities until there is evidence of decontamination of
residual contamination identified with atomic weapons-related
activities; and
(4) if new information that pertains to the report has been
made available to the Director since that report was
submitted, identify and describe such information.
(c) Publication.--The Director shall ensure that the report
referred to in subsection (a) is published in the Federal
Register not later than 15 days after being released.
SEC. 3163. WORKERS COMPENSATION.
(a) In General.--Subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title
XXXVI of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398); 42 U.S.C. 7385o) is amended to read as follows:
``Subtitle D--Workers Compensation
``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR
EMPLOYEES.
``(a) In General.--In this subtitle, the term `covered
Department of Energy contractor employee' means any
Department of Energy contractor employee determined under
section 3663 to have contracted an occupational illness or
covered illness through exposure at a Department of Energy
facility.
``(b) Exclusion of Illness Through Exposure After
Commencement of New Program.--For purposes of this subtitle,
an occupational illness or covered illness shall not include
any illness contracted by a Department of Energy contractor
employee through exposure at a Department of Energy facility
if the exposure occurs after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2005.
``SEC. 3662. WORKERS COMPENSATION.
``(a) In General.--Except as provided in subsection (b), a
covered Department of Energy contractor employee, or the
survivor of a covered Department of Energy contractor
employee if the covered Department of Energy contractor
employee is deceased, shall receive workers compensation in
an amount determined under section 3664.
``(b) Election To Proceed Under State Workers' Compensation
System.--(1) A Department of Energy contractor employee
otherwise covered by this section may elect to seek workers'
compensation under the appropriate State workers'
compensation system for the occupational illness or covered
illness of the covered Department of Energy contractor
employee rather than seek workers compensation for the
occupational illness or covered illness, as the case may be,
under this subtitle.
``(2) Any Department of Energy contractor employee making
an election under paragraph (1) who becomes entitled to
workers' compensation under the appropriate State workers'
compensation system following an election under that
paragraph is not entitled to receive workers compensation
under this subtitle.
``(c) Funding.--The Secretary of Labor shall make payments
of workers compensation under this section from amounts
authorized to be appropriated for such purpose under section
3670.
``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF
OCCUPATIONAL OR COVERED ILLNESSES.
``(a) Employees Covered by Previous Determination of
Entitlement to Compensation and Benefits.--(1) A Department
of Energy contractor employee who has been determined to be
entitled to compensation and benefits for an occupational
illness contracted in the performance of duty at a Department
of Energy facility under subtitle B
[[Page S6588]]
shall be treated as having contracted the occupational
illness through exposure at the Department of Energy facility
for purposes of this subtitle.
``(2) A determination, pursuant to activities under
paragraph (2) of section 3163(d) of the National Defense
Authorization Act for Fiscal Year 2005 before or during the
period of transition of administration of this subtitle to
the Department of Labor under paragraph (1) of such section,
that an individual contracted an occupational illness through
exposure at a Department of Energy facility for purposes of
this subtitle shall be valid for purposes of this subtitle.
``(b) Other Employees.--In the case of a Department of
Energy contractor employee not previously covered by a
determination described in subsection (a) with respect to an
occupational illness, the Department of Energy contractor
employee shall be determined to have contracted an illness
(in this subtitle referred to as a `covered illness') through
exposure at a Department of Energy facility for purposes of
this subtitle if--
``(1) it is at least as likely as not that exposure to a
toxic substance was a significant factor in aggravating,
contributing to, or causing the illness; and
``(2) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a
Department of Energy facility.
``(c) Determinations Regarding Employees Not Previously
Covered by Determination of Entitlement.--(1) The Secretary
of Labor shall make each determination under subsection (b)
as to whether or not a Department of Energy contractor
employee described in that subsection contracted a covered
illness related to employment at a Department of Energy
facility.
``(2) The Secretary may utilize the services of physicians
for purposes of making determinations under this subsection.
Any physicians so utilized shall possess appropriate
expertise and experience in the evaluation and diagnosis of
illnesses aggravated, contributed to, or caused by exposure
to toxic substances.
``(3) The Secretary may secure the services of physicians
under this subsection through the appointment of physicians
or by contract.
``(4) The Secretary shall consult with the Secretary of
Health and Human Services before utilizing the services of
physicians for purposes of making determinations under this
subsection.
SEC. 3664. AMOUNT OF WORKERS COMPENSATION.
``(a) In General.--The amount of workers compensation
payable to a covered Department of Energy contractor
employee, or the eligible survivors of a covered Department
of Energy contractor employee, for an occupational illness or
covered illness under section 3662 is the amount of workers'
compensation to which the Department of Energy contractor
employee, or the eligible survivors, respectively, would
otherwise be entitled for the occupational illness or covered
illness, as the case may be, under the appropriate State
workers' compensation system.
``(b) Inapplicability of Certain State Workers'
Compensation System Limitations.--The amount of workers'
compensation to which a covered Department of Energy
contractor employee would otherwise be entitled under
subsection (a) shall be determined without regard to any
requirements under the appropriate State workers'
compensation system for each of the following:
``(1) Statutes of limitation, or other rules limiting
compensation to claims filed within a specified period after
last exposure to a toxic substance or after last employment
by an employer where the employee was exposed to a toxic
substance.
``(2) Exposure rules, including minimum periods of exposure
to toxic substances.
``(3) Causation rules more stringent that the standard in
section 3663(b).
``(4) Burdens of proof, quantum of proof standards, or both
more stringent than the standard in section 3663(b).
``(5) Return to work requirements, including obligations to
participate in vocational rehabilitation and medical
examinations connected with the ability to return to work.
``(6) Medical examinations in addition to medical
examinations required by the Secretary of Labor for the
application of section 3663 in determining causation or
required by the Secretary of Labor for the application of
subsection (c) in determining the amount of workers'
compensation payable.
``(c) Determination of Amount.--(1) The Secretary of Labor
shall determine the amount of workers compensation payable to
each covered Department of Energy contractor employee under
section 3662.
``(2)(A) The Secretary may utilize the assistance of the
workers' compensation system personnel of any State in making
determinations under paragraph (1).
``(B) The utilization of assistance under subparagraph (A)
shall be in accordance with an agreement entered into by the
Secretary and the chief executive officer of the State
concerned.
``(C) An agreement under subparagraph (B) may provide for
the Secretary to reimburse the State concerned for the costs
of the State in providing assistance under the agreement.
``(3)(A) The Secretary may utilize the services of
physicians for purposes of making determinations under this
subsection.
``(B) Any physicians utilized under subparagraph (A) shall
possess appropriate expertise and experience in the
evaluation and determination of the extent of permanent
physical impairments.
``(C) The Secretary may secure the services of physicians
under subparagraph (A) through the appointment of physicians
or by contract.
``SEC. 3665. MEDICAL BENEFITS.
``(a) In General.--A Department of Energy contractor
employee eligible for workers compensation for an
occupational illness or covered illness under this subtitle
shall be furnished medical benefits specified in section 3629
for the occupational illness or covered illness, as the case
may be, to the same extent, and under the same conditions and
limitations, as an individual eligible for medical benefits
under that section is furnished medical benefits under that
section.
``(b) Funding.--Amounts for payments for medical benefits
under this section shall be derived from amounts authorized
to be appropriated for such purpose under section 3670.
``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.
``(a) Status as Department of Energy Contractor Employee.--
An individual may seek the review of a determination that the
individual is not a Department of Energy contractor employee.
``(b) Eligibility and Amount of Workers Compensation.--A
Department of Energy contractor employee may seek the review
of any determination as follows:
``(1) A determination under section 3663(b) that the
Department of Energy contractor employee is not a covered
Department of Energy contractor employee.
``(2) A determination under 3664 of the amount of workers
compensation payable to the Department of Energy contractor
employee under section 3662.
``(c) Review.--(1) The review of a determination under
subsection (a) or (b) shall be conducted by the Secretary of
Labor in accordance with procedures applicable for the review
of claims under sections 30.310 through 30.320 of title 20,
Code of Federal Regulations, or any successor regulations.
``(2)(A) The review of a determination under subsection
(b)(1) shall include review by a physician or physician
panel.
``(B) Each physician or physician on a panel under
subparagraph (A) shall be a physician with experience and
competency in diagnosing illnesses aggravated, contributed
to, or caused by exposure to toxic substances.
``(C) The Secretary of Labor may investigate any allegation
that a physician appointed under this paragraph has a
conflict of interest. If the Secretary of Labor determines
that a conflict of interest exists, the Secretary shall
notify the Secretary of Health and Human Services, who shall
review the allegation.
``(D) Each review by a physician or physician panel under
subparagraph (A) shall be conducted in accordance with such
procedures as the Secretary shall prescribe.
``(3)(A) The results of each review under this subsection
shall be submitted to the Secretary.
``(B) The Secretary shall accept the results of any portion
of a review under this subsection that consists of a review
by a physician or physician panel under paragraph (2) unless
there is substantial evidence to the contrary.
``(d) Reversal of Determinations.--Except as provided in
subsection (c)(3)(B), the Secretary of Labor may vacate or
reverse any determination described in subsection in
subsection (a) or (b) if the Secretary determines, as the
result of a review of such determination under subsection
(c), that such determination was erroneous.
``SEC. 3667. ATTORNEY FEES.
``(a) In General.--Except as provided in subsection (b),
the provisions of section 3648 shall apply to the
availability of attorney fees for assistance on a claim under
this subtitle to the same extent, and subject to the same
conditions and limitations, that such provisions apply to the
availability of attorney fees for assistance on a claim under
subtitle B.
``(b) Attorney Fee Schedule.--(1) The Secretary of Labor
may, by regulation, modify the application of section 3648 to
the availability of attorney fees under this subtitle to
establish a schedule for attorney fees under this subtitle
that will ensure representation of claimants and appropriate
compensation for such representation.
``(2) The amount of attorney fees for assistance on claims
under the schedule of attorney fees shall take into
appropriate account the nature and complexity of the legal
issues involved in such claims and the procedural level at
which assistance is given.
``SEC. 3668. ADMINISTRATIVE MATTERS.
``(a) In General.--The Secretary of Labor shall administer
the provisions of this subtitle.
``(b) Contract Authority.--(1) The Secretary may enter into
contracts with appropriate persons and entities in order to
administer the provisions of this subtitle.
``(2) The authority of the Secretary to enter into
contracts under this subtitle shall be effective in any
fiscal year only to the extent and in such amount as are
provided in advance in appropriations Acts.
``(c) Records.--(1)(A) The Secretary of Energy shall
provide to the Secretary of Labor all records, files, and
other data, whether paper, electronic, imaged, or otherwise,
developed by the Secretary of Energy that are
[[Page S6589]]
applicable to the administration of the provisions of this
subtitle by the Secretary of Labor, including records, files,
and data on facility industrial hygiene, employment of
individuals or groups, exposure and medical records, and
claims applications.
``(B) In providing records, files, and other data under
this paragraph, the Secretary of Energy shall preserve the
current organization of such records, files, and other data,
and shall provide such description and indexing of such
records, files, and other data as the Secretary of Energy and
the Secretary of Labor jointly consider appropriate to
facilitate their use by the Secretary of Labor for purposes
of this subtitle.
``(2) The Secretary of Energy and the Secretary of Labor
shall jointly undertake such actions as are appropriate to
retrieve records applicable to the claims of Department of
Energy contractor employees for workers compensation under
this subtitle, including employment records, records of
exposure to beryllium, radiation, silicon, or metals or
volatile organic chemicals, and records regarding medical
treatment.
``(d) Regulations.--The Secretary of Labor shall prescribe
regulations necessary for the administration of the
provisions of this subtitle.
``SEC. 3669. OFFICE OF OMBUDSMAN.
``(a) Establishment.--There is established in the
Department of Labor an office to be known as the `Office of
the Ombudsman' (in this section referred to as the `Office').
``(b) Head.--The head of the Office shall be the Ombudsman.
The individual serving as Ombudsman shall be either of the
following:
``(1) An officer or employee of the Department of Labor
designated by the Secretary for purposes of this section from
among officers and employees of the Department who have
experience and expertise necessary to carry out the duties of
the Office specified in subsection (c).
``(2) An individual employed by the Secretary from the
private sector from among individuals in the private sector
who have experience and expertise necessary to carry out the
duties of the Office specified in subsection (c).
``(c) Duties.--The duties of the Office shall be as
follows:
``(1) To assist individuals in making claims under this
subtitle.
``(2) To provide information on the benefits available
under this subtitle and on the requirements and procedures
applicable to the provision of such benefits.
``(3) To act as an advocate on behalf of individuals
seeking benefits under this subtitle.
``(4) To make recommendations to the Secretary regarding
the location of centers (to be known as `resource centers')
for the acceptance and development of claims for benefits
under this subtitle.
``(5) To carry out such other duties with respect to this
subtitle as the Secretary shall specify for purposes of this
section.
``(d) Independent Office.--The Secretary shall take
appropriate actions to ensure the independence of the Office
within the Department of Labor, including independence from
other officers and employees of the Department engaged in
activities relating to the administration of the provisions
of this subtitle.
``(e) Annual Report.--(1) Not later than February 15 each
year, the Ombudsman shall submit to Congress a report on
activities under this subtitle.
``(2) Each report under paragraph (1) shall set forth the
following:
``(A) The number and types of complaints, grievances, and
requests for assistance received by the Ombudsman under this
subtitle during the preceding year.
``(B) An assessment of the most common difficulties
encountered by claimants and potential claimants under this
subtitle during the preceding year.
``(C) Such recommendations as the Ombudsman considers
appropriate for the improvement of the practices of the
Department of Labor in administering this subtitle.
``(D) Such recommendations at the Ombudsman considers
appropriate for modifying the authorities and requirements of
this subtitle in order to better address the workers
compensation interests of covered Department of Energy
contractor employees and others, as determined by the
Ombudsman, meriting benefits under this subtitle.
``(3) No official of the Department of Labor, or of any
other department or agency of the Federal Government, may
require the review or approval of a report of the Ombudsman
under this subsection before the submittal of such report to
Congress.
``(f) Outreach.--The Secretary of Labor and the Secretary
of Health and Human Services shall each undertake outreach to
advise the public of the existence and duties of the Office.
``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Labor for fiscal year
2005 and each fiscal year thereafter such sums as may be
necessary in such fiscal year for--
``(1) the provision of compensation and benefits under this
subtitle; and
``(2) the administration of the provisions of this
subtitle.
``(b) Availability Without Fiscal Year Limitation.--Amounts
authorized to be appropriated by subsection (a) shall remain
available without fiscal year limitation.
``(c) Availability of Amounts Subject to Appropriations
Acts.--The authority to provide compensation and benefits
under this subtitle shall be effective in any fiscal year
only to the extent and in such amounts as are provided in
advance in appropriations Acts.''.
(b) Conforming Amendment.--Section 3643 of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385b) is amended by striking ``The
acceptance'' and inserting ``Except as provided in subtitle
D, the acceptance''.
(c) Regulations.--The Secretary of Labor shall prescribe
the regulations required by section 3668(d) of the Energy
Employees Occupational Illness Compensation Program Act of
2000, as amended by this section, not later than 120 days
after the date of the enactment of this Act. The Secretary
may prescribe interim final regulations necessary to meet the
deadlines specified in the preceding sentence and subsection
(d)(1).
(d) Transition.--(1) The Secretary of Labor shall commence
the administration of the provisions of subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000, as amended by this section, not later than 180
days after the date of the enactment of this Act.
(2) The Secretary of Energy and the Secretary of Labor
shall jointly take such actions as are appropriate--
(A) to identify the activities under subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000, as in effect on the day before the date of the
enactment of this Act, that will continue under that
subtitle, as amended by this section, upon the commencement
of the administration of that subtitle, as so amended, by the
Secretary of Labor under paragraph (1); and
(B) to ensure the continued discharge of such activities
until the commencement of the administration of that
subtitle, as so amended, by the Secretary of Labor under
paragraph (1).
(3)(A) In carrying out activities under paragraph (2), the
Secretary of Energy shall only conduct a causation review on
a claim if the claim is completely prepared and awaiting
review as of the date of the enactment of this Act.
(B) Activities under paragraph (2) on any claim covered by
such activities that is not described by subparagraph (A)
shall be carried out by the Secretary of Labor.
(e) Provision of Records.--The Secretary of Energy shall,
to the maximum extent practicable, complete the provision of
records to the Secretary of Labor under section 3668(c)(1) of
the Energy Employees Occupational Illness Compensation
Program Act of 2000, as amended by this section, not later
than 60 days after the date of the enactment of this Act.
(f) Site Profiles.--(1)(A) The Secretary of Labor shall
prepare a site profile for each of the 14 Department of
Energy facilities that have received the most number of
claims for compensation and benefits under subtitle D of the
Energy Employees Occupational Illness Compensation Program
Act of 2000 as of the date of the enactment of this Act.
(B) The Secretary of Labor shall prepare a site profile
under subparagraph (A) utilizing the former worker medical
screening programs of the Department of Energy.
(2) If the Secretary of Labor determines that the
preparation of a site profile for a facility cannot be
performed under paragraph (1) because no worker medical
screening activities occurred for the facility, or that
preparation of the profile is otherwise impracticable, the
site profile for the facility shall be prepared by the
National Institute of Occupational Safety and Health.
(3) All site profiles required by this subsection shall be
completed not later than 210 days after the date of the
enactment of this Act.
(4) The Secretary of Energy shall provide the Secretary of
Labor with any support that the Secretary of Labor considers
necessary for carrying out this subsection.
(5) In this subsection, the term ``site profile'', in the
case of a Department of Energy facility, means an exposure
assessment that--
(A) identifies any processes and toxic substances used in
the facility;
(B) establishes the times in which such toxic substances
were used in the facility; and
(C) establishes the degree of exposure to such toxic
substances taking into account available records and studies
and information on such processes and toxic substances.
(g) Sense of Congress.--It is the sense of Congress that
the Secretary of Energy should--
(1) adopt a policy not to oppose any final positive
determinations with respect to injured workers at Department
of Energy facilities and atomic weapons employer facilities
under State adjudication systems unless such determinations
are frivolous; and
(2) incorporate the policy referred to in paragraph (1) in
all Department of Energy contracts with non-Federal
government entities to which such policy could apply.
(h) Funding for Administration in Fiscal Year 2005.--(1) Of
the amount authorized to be appropriated for fiscal year 2005
by section 3102(a)(1) for environmental management for
defense site acceleration completion, $2,000,000 shall be
available for purposes of the administration of the
provisions of subtitle D of the Energy Employees Occupational
Illness Compensation Program Act of 2000, as amended by this
section, during fiscal year 2005.
(2) The Secretary of Energy shall transfer to the Secretary
of Labor the amount available under paragraph (1) for the
purposes specified in that paragraph.
[[Page S6590]]
(3) The Secretary of Labor shall utilize amounts
transferred to the Secretary under paragraph (2) for the
purposes specified in paragraph (1).
SEC. 3164. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
Notwithstanding any other provision of this Act, section
3143, relating to enhancements of the Energy Employees
Occupational Illness Compensation Program, shall have no
force or effect, and the amendments specified in such section
shall not be made.
SEC. 3165. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY
EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM IN WESTERN NEW
YORK AND WESTERN PENNSYLVANIA REGION.
(a) Findings.--The Senate makes the following findings:
(1) New York has 36 current or former Department of Energy
facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer
facilities, and 14 such facilities in western New York.
Despite having one of the greatest concentrations of such
facilities in the United States, western New York, and
abutting areas of Pennsylvania, continue to be severely
underserved by the Energy Employees Occupational Illness
Compensation Program under the Energy Employees Occupational
Illness Compensation Program Act of 2000 (title XXXVI of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398); 42
U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New York
region, including western Pennsylvania, exceeds the number of
such claims filed at resource centers in Hanford, Washington,
Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test
Site, Nevada, the Rocky Flats Environmental Technology Site,
Colorado, the Idaho National Engineering Laboratory, Idaho,
and the Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 commensurate with the
assistance provided energy employees at other locations in
the United States.
(b) Sense of Senate.--It is the sense of the Senate to
encourage the Office of Ombudsman of the Department of Labor,
as established by section 3669 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as
amended by section 3163 of this Act), to--
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western New
York region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
______
SA 3439. Mr. FRIST submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 280, after line 22, insert the following:
SEC. 1068. DESIGNATION.
Chapter 159 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2697. Designation of the Ronald Reagan National
Defense Building
``(a) Designation.--The Pentagon Office Building located in
Arlington, Virginia shall be known and designated as the
`Ronald Reagan National Defense Building'.
``(b) Reference.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Pentagon Office Building referred to in subsection (a) shall
be deemed to be a reference to the `Ronald Reagan National
Defense Building'.''.
______
SA 3440. Mr. ENSIGN (for himself, Mr. Graham of South Carolina, and
Mr. Chambliss) submitted an amendment intended to be proposed by him to
the bill S. 2400, to authorize appropriations for fiscal year 2005 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 272, after the matter following line 18, insert the
following:
SEC. 1055. UNITED NATIONS OIL-FOR-FOOD PROGRAM
(a) Responsibility of Inspector General of the Department
of Defense for Security of Documents.--(1) The Inspector
General of the Department of Defense, in cooperation with the
Director of the Defense Contract Audit Agency and the
Director of the Defense Contract Management Agency, shall
ensure, not later than June 30, 2004, the security of all
documents relevant to the United Nations Oil-for-Food Program
that are in the possession or control of the Coalition
Provisional Authority.
(2) The Inspector General shall maintain copies of all such
documents in the United States at the Department of Defense.
(b) Cooperation in Investigations.--Each head of an
Executive agency, including the Department of State, the
Department of Defense, the Department of the Treasury, and
the Central Intelligence Agency, and the Administrator of the
Coalition Provisional Authority shall, upon a request in
connection with an investigation of the United Nations Oil-
for-Food Program made by the chairman of the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on the Judiciary, the Committee on Governmental
Affairs, the Select Committee on Intelligence, or other
committee of the Senate with relevant jurisdiction, promptly
provide to such chairman access to such information and
documents under the control of such agency as are responsive
to the request, and assistance relating to access to and
utilization of such information and documents.
(c) Information from the United Nations.--(1) The President
shall instruct the Secretary of State and the United States
Representative to the United Nations to request from the
United Nations copies of all audits and core documents
related to the United Nations Oil-for-Food Program.
(2) It is the sense of Congress that, pursuant to section
941(b)(6) of the United Nations Reform Act of 1999 (title IX
of division A of H.R. 3427 of the 106th Congress, as enacted
into law by section 1000(a)(7) of Public Law 106-113; 113
Stat. 1501A-480), the Comptroller General of the United
States should have full and complete access to financial data
relating to the United Nations, including information related
to the financial transactions, organization, and activities
of the United Nations Oil-for-Food Program.
(3) The Secretary of State shall facilitate the providing
of access to the Comptroller General to the financial data
described in paragraph (2).
(d) Review of Oil-for-Food Program by Comptroller
General.--(1) The Comptroller General of the United States
shall conduct a review of United States oversight of the
United Nations Oil-for-Food Program. In accordance with
Generally Accepted Government Auditing Standards, the review
should not interfere with any ongoing investigations or
inquiries related to the Oil-for-Food program.
(2) The head of each Executive agency shall fully cooperate
with the review under this subsection.
(e) Executive Agency Defined.--In this section, the term
``Executive agency'' has the meaning given that term in
section 105 of title 5, United States Code.
______
SA 3441. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. ACQUISITION OF AERIAL REFUELING AIRCRAFT FOR THE
AIR FORCE.
Before committing to the acquisition of any aerial
refueling aircraft for the Air Force, the Secretary of the
Air Force shall comply with the statutory provisions
regarding operational test and evaluation by providing for
full operational test and evaluation of such aircraft in a
fully coordinated Test and Evaluation Master Plan.
SEC. 869. INTEGRATED SUPPORT FOR AERIAL REFUELING AIRCRAFT
UNDER THE TANKER PROGRAM OF THE AIR FORCE.
(a) Selection of Provider of Support.--For the selection of
a provider of integrated support for the tanker aircraft
fleet under the tanker lease program of the Air Force, the
Secretary of the Air Force shall--
(1) before selecting the provider, perform all analyses
required by law of--
(A) the costs and benefits of--
(i) the alternative of using Federal Government personnel
to provide such support; and
(ii) the alternative of using contractor personnel to
provide such support;
(B) the core logistics requirements;
(C) use of performance-based logistics; and
(D) the length of contract period; and
(2) select the provider on the basis of full and open
competition that has been conducted fairly.
(b) Definition.--In this section, the term ``full and open
competition'' has the meaning
[[Page S6591]]
given such term in section 4(6) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(6)).
______
SA 3442. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. LEASING OF AERIAL REFUELING AIRCRAFT FOR THE AIR
FORCE.
(a) Commercial Item Procurement.--The Assistant Secretary
of the Air Force (Acquisition) shall discontinue the
commercial item procurement strategy for the leasing of
aerial refueling aircraft for the Air Force and replace
fixed-price contracts for initial development, modification,
and integrated fleet support with cost or fixed-price
incentive type contracts that would require the aircraft
manufacturer to provide cost or pricing data directly to the
Government.
(b) Cost or Pricing Data.--Before the Secretary of the Air
Force commits to the leasing of any aerial refueling aircraft
for the Air Force under the aerial refueling aircraft lease
program of the Air Force, the aircraft manufacturer shall
provide cost or pricing data for aerial refueling aircraft
that reflects the prices at which the same item has been
previously sold in identical quantities and negotiate prices
for aircraft engines directly with the engine manufacturers.
(c) Audit Services.--The Secretary of the Air Force shall
contact the Office of the Inspector General for the
Department of Defense for review and approval of any Air
Force use of non-Federal audit services for any contract for
the acquisition of aerial refueling aircraft under the tanker
lease program of the Air Force.
(d) Restrictions.--(1) The Secretary of the Air Force shall
not enter into a lease for any aerial refueling aircraft for
the Air Force previously authorized under section 8159 of the
Department of Defense Appropriations Act, 2002 or section 135
of the National Defense Authorization Act for Fiscal Year
2004 that provides for use of a public-private partnership, a
special purpose entity, or any other form of third-party
financing for leasing the aircraft.
(2) The Secretary of the Air Force shall not enter into the
proposed lease for any aerial refueling aircraft for the Air
Force until an entity independent of the Air Force (on the
basis of a study not funded out of funds available to the Air
Force) determines that leasing rather than purchasing aerial
refueling aircraft for the Air Force represents the best
value for the Government.
______
SA 3443. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. ACQUISITION OF AERIAL REFUELING AIRCRAFT FOR THE
AIR FORCE.
Consistent with direction from the acting Under Secretary
of Defense for Acquisition, Technology, and Logistics to the
Secretary of the Air Force regarding the execution of an
aerial refueling analysis of alternatives (AOA), the
Secretary of the Air Force shall not enter into the proposed
lease of any aerial refueling aircraft until the Secretary
completes and certifies to a valid requirements document
tailored to the joint service requirements of the warfighter
for aerial refueling tankers (as set forth in the missions
needs statement) and operational parameters for aerial
refueling aircraft. The system specifications developed for
the first spiral of aerial refueling aircraft shall include
all threshold requirements that are set forth in the missions
needs statement. While the requirements document is being
developed, the Secretary of the Air Force shall not provide
the contractor with anything other than answers to factual
questions when asked. The Secretary of the Air Force shall
not have other input or interaction with the contractor.
______
SA 3444. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. RESTRICTION ON LEASE OF AERIAL REFUELING AIRCRAFT
BY THE AIR FORCE.
The Secretary of the Air Force shall not enter into a lease
for any aerial refueling aircraft for the Air Force until--
(1) authority for the Secretary to enter into a lease-
purchase contract for the procurement of such aircraft is
provided in a law enacted after the date of the enactment of
this Act; or
(2) in the case of a lease of such aircraft that provides
for use of a public-private partnership, a special purpose
entity, or any other form of third-party financing for
leasing the aircraft, the Secretary has negotiated (or
renegotiated) the lease terms to meet the requirements of
Office of Management and Budget Circular A-11 (as revised for
2003) that are applicable to such an arrangement.
______
SA 3445. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 195, between lines 10 and 11, insert the following:
SEC. 868. PROHIBITION OF LEASING OF CERTAIN AIRCRAFT FOR THE
AIR FORCE.
(a) Prohibition.--The Secretary of the Air Force may not
lease Boeing 767 aircraft for the Air Force.
(b) Repeal of Existing Authority.--(1) Section 135 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a) is
amended by striking subsections (a), (b), and (d).
(2) Section 8159 of the Department of Defense
Appropriations Act, 2002 (division A of Public Law 107-117;
115 Stat. 2284) is amended--
(A) in subsection (a), by striking ``Boeing 767 aircraft
and''; and
(B) in subsection (f), by striking ``100 Boeing 767
aircraft and''.
______
SA 3446. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. SENSE OF THE SENATE CONCERNING OIL MARKETS.
(a) Findings.--Congress finds that--
(1) this Act authorizes $120,509,301,000 for operation and
maintenance;
(2) the President's fiscal year 2005 budget request for the
Department of Defense for operation and maintenance includes
$2,889,655,000 for the purchase of fuel; and
(3) if left unchecked, the unprecedented cost of oil may
force the Department of Defense to expend more funding than
anticipated to meet its fuel needs.
(b) Sense of the Senate Concerning Oil Markets.--It is the
sense of the Senate that, in order to ensure that the amount
of funding authorized for fuel expenditures is adequate to
meet the needs of the Department of Defense, the President
should suspend deliveries of oil to the Strategic Petroleum
Reserve and release 1,000,000 barrels of oil per day from the
Strategic Petroleum Reserve for 30 days following the date of
enactment of this Act and, if necessary, for an additional 30
days beyond that.
______
SA 3447. Mr. FRIST submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
On page 280, after line 22, insert the following:
SEC. 1068. DESIGNATION.
(a) Designation.--The Missile Defense Agency shall be known
and designated as the ``Ronald Reagan Missile Defense
Agency''.
(b) Reference.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Missile Defense Agency referred to in subsection (a) shall be
deemed to be a reference to the ``Ronald Reagan Missile
Defense Agency''.
____________________Legislative Activity
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Senate amendment proposed (on the floor): Amendment SA 3349 proposed by Senator Levin for Senator Hollings.(consideration: CR S6785-6789)
June 15, 2004
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Senate amendment proposed (on the floor): Amendment SA 3349 proposed by Senator Levin for Senator Hollings.(consideration: CR S6785-6789)
June 15, 2004
Floor
Senate amendment agreed to: Amendment SA 3349 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S6787)
June 15, 2004
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Amendment SA 3349 proposed by Senator Levin for Senator Hollings. (consideration: CR S6785-6789) To modify the authority to convey land at Equipment and Storage Yard, Charleston, South Carolina.
June 15, 2004
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Amendment SA 3349 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S6787)
June 15, 2004
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Senate amendment submitted
June 7, 2004