S.Amdt. 714Senate108th Congress (2003-2005)
S.Amdt. 714
Sponsored by 
Sen. Bill Nelson (D-FL)
Sen. Bill Nelson (D-FL)Submitted May 20, 2003
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 700. Mr. LOTT (for himself and Mr. Lieberman) submitted an
amendment intended to be proposed by him to the bill S. 1050, to
authorize appropriations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 291, between lines 14 and 15, insert the following:
SEC. 1039. ADVANCED SHIPBUILDING ENTERPRISE.
(a) Findings.--Congress makes the following findings:
(1) The President's budget for fiscal year 2004, as
submitted to Congress, includes $10,300,000 for the Advanced
Shipbuilding Enterprise of the National Shipbuilding Research
Program.
(2) The Advanced Shipbuilding Enterprise is an innovative
program to encourage greater efficiency among shipyards in
the defense industrial base.
(3) The leaders of the Nation's shipbuilding industry have
embraced the Advanced Shipbuilding Enterprise as a method of
exploring and collaborating on innovation in shipbuilding and
ship repair that collectively benefits all manufacturers in
the industry.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Senate strongly supports the innovative Advanced
Shipbuilding Enterprise of the National Shipbuilding Research
Program that has yielded new processes and techniques to
reduce the cost of building and repairing ships in the United
States;
(2) the Senate is concerned that the future-years defense
program submitted to Congress for fiscal year 2004 does not
reflect any funding for the Advanced Shipbuilding Enterprise
after fiscal year 2004; and
(3) the Secretary of Defense and the Secretary of the Navy
should continue funding the Advanced Shipbuilding Enterprise
at a sustaining level through the future-years defense
program to support subsequent rounds of research that reduce
the cost of designing, building, and repairing ships.
______
SA 701. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of title XXVIII, add the following:
Subtitle E--Other Matters
SEC. 2851. EFFECT OF CERTAIN FACILITIES ADMINISTRATION AND
MILITARY HOUSING ACTIVITIES ON ALLOCATIONS OR
ELIGIBILITY OF MILITARY INSTALLATIONS FOR POWER
FROM FEDERAL POWER MARKETING AGENCIES.
Notwithstanding any other provision of law, a Federal power
marketing agency may not terminate the eligibility of a
military installation for power, or reduce the allocation of
power to a military installation, as a result of the exercise
at the military installation of any authority as follows:
(1) The conveyance of a utility system of the military
installation under section 2688 of title 10, United States
Code.
(2) The acquisition or improvement of military housing for
the military installation under the alternative authority for
the acquisition and improvement of military housing under
subchapter IV of chapter 169 of title 10, United States Code.
______
SA 702. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, 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. 213. GUARDFIST II FIRE SUPPORT TRAINING SYSTEM.
(a) Availability of Funds.--(1) Of the amount authorized to
be appropriated by section 201(1) for research, development,
test, and evaluation for the Army, $791,000 shall be
available for Non-System Training Devices Combined Arms (PE
0604715F) for the GUARDFIST II fire support training system.
(2) The amount available under paragraph (1) for the
purpose specified in that section is in addition to any other
amounts available under this Act for that purpose.
(b) Offset.--Of the amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for the Army, the amount available for Next
Generation Training and Simulation Systems (PE 0603015A) for
the Institute for Creative Technologies (ICT) is hereby
reduced by $791,000.
______
SA 703. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 83, between lines 5 and 6, insert the following:
SEC. 370. PUBLIC-PRIVATE PARTNERSHIPS FOR GOVERNMENT-OWNED,
GOVERNMENT-OPERATED ARSENALS, LOGISTICS BASES,
AND WEAPON MANUFACTURING ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
Section 2474(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``depot-level activity of
the military departments and the Defense Agencies'' and
inserting ``activity of the military departments and the
Defense Agencies described in paragraph (4)''; and
(2) by adding at the end the following new paragraph:
``(4) The activities of the military departments and
Defense Agencies that are to be designated under paragraph
(1) are as follows:
``(A) The depot-level activities.
``(B) The following Government-owned, Government operated
activities:
``(i) Arsenals.
``(ii) Logistics bases.
``(iii) Weapon manufacturing activities.''.
______
SA 704. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2815. PREPARATION OF LIST OF MILITARY INSTALLATIONS
EXCLUDED FROM CONSIDERATION IN 2005 BASE
CLOSURE ROUND.
Section 2913 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) is amended by adding at the end the
following new subsections:
[[Page S6719]]
``(g) Base Exclusion Criteria.--In preparing the selection
criteria required by this section that will be used in making
recommendations for the closure or realignment of military
installations inside the United States, the Secretary shall
ensure that the final criteria reflect the requirement to
develop a list of those military installations to be excluded
from the base closure and realignment process, as provided in
subsection (h).
``(h) List of Installations Excluded From Consideration for
Closure or Realignment.--(1) Before preparing the list
required by section 2914(a) of the military installations
inside the United States that the Secretary recommends for
closure or realignment, the Secretary shall prepare a list of
core military installations that the Secretary considers
absolutely essential to the national defense and that should
not be considered for closure.
``(2) Not later than April 1, 2005, the Secretary shall
submit to the congressional defense committees, publish in
the Federal Register, and send to the Commission the list
required by paragraph (1). The list shall contain at least 50
percent of the total number of military installations located
inside the United States as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2004.
``(3) The Commission shall consider the list based on the
final criteria developed under subsection (e). The Commission
may modify this list, in the manner provided in section
2903(d) and section 2914(d), if the Commission finds that the
inclusion of a military installation on the list
substantially violates the criteria. The Commission shall
forward to the President, not later than April 30, 2004, a
report containing its recommendations regarding the list,
which must comply with the percentages specified in paragraph
(2). The Comptroller General shall also comply with section
2904(d)(5) by that date.
``(4) If the Commission submits a report to the President
under paragraph (3), the President shall notify Congress, not
later than May 10, 2005, regarding whether the President
approves or disapproves the report. If the President
disapproves the report, the Commission shall be dissolved,
and the process by which military installations may be
selected for closure or realignment under this part in 2005
shall be terminated.
``(5) A military installation included on the exclusion
list approved under this subsection may not be included on
the closure and realignment list prepared under section
2914(a) or otherwise considered for closure or realignment as
part of the base closure process in 2005.''.
______
SA 705. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle C of title IX, add the following:
SEC. 926. REQUIRED FORCE STRUCTURE.
(a) Army.--Section 3062 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) The Army shall be so organized as to include not less
than--
``(1) 10 active and eight National Guard combat divisions
or their equivalents;
``(2) one active armored cavalry regiment and one light
cavalry regiment or their equivalents;
``(3) 15 National Guard enhanced brigades or their
equivalents; and
``(4) such other active and reserve component land combat,
rotary-wing aviation, and other services as may be required
to support forces specified in paragraphs (1) through (3).''.
(b) Navy.--Section 5062 of such title is amended by adding
at the end the following new subsection:
``(d) The Navy, within the Department of the Navy, shall be
so organized as to include--
``(1) not less than 305 vessels in active service;
``(2) not less than 12 aircraft carrier battle groups or
their equivalents, not less than 12 amphibious ready groups
or their equivalents, not less than 55 attack submarines, not
less than 108 active surface combatant vessels, and not less
than 8 reserve combatant vessels; and
``(3) such other active and reserve naval combat, naval
aviation, and service forces as may be required to support
forces specified in paragraphs (1) and (2).''.
(c) Air Force.--Section 8062 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Notwithstanding subsection (e), the Air Force shall
be so organized as to include not less than--
``(1) 46 active fighter squadrons or their equivalents;
``(2) 38 National Guard and Reserve squadrons or their
equivalents;
``(3) 96 combat-coded bomber aircraft in active service;
and
``(4) such other squadrons, reserve groups, and supporting
auxiliary and reserve units as may be required to support
forces specified in paragraphs (1) through (3).''.
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2815. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF
REALIGNMENTS AND CLOSURES OF MILITARY
INSTALLATIONS IN 2005.
Section 2912(a) 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) is amended--
(1) by striking subparagraph (A) of paragraph (1) and
inserting the following:
``(A) A force-structure plan for the Armed Forces that--
``(i) at a minimum, assumes the force structure under the
1991 Base Force force structure (as defined in paragraph (5))
that is also known as the `Cheney-Powell force structure';
and
``(ii) includes such consideration as the Secretary
considers appropriate of an assessment by the Secretary of--
``(I) the probable threats to the national security during
the 20-year period beginning with fiscal year 2005;
``(II) the probable end-strength levels and major military
force units (including land force divisions, carrier and
other major combatant vessels, air wings, and other
comparable units) needed to meet those threats; and
``(III) the anticipated levels of funding that will be
available for national defense purposes during such
period.'';
(2) in paragraph (2)(A), by inserting before the period at
the end the following: ``, based upon an assumption that
there are no installations available outside the United
States for the permanent basing of elements of the Armed
Forces'';
(3) in paragraph (4), by inserting after the first sentence
the following new sentence: ``Any such revision shall be
consistent with this subsection.''; and
(4) by adding at the end the following new paragraph:
``(5) Base force.--In this subsection, the term `1991 Base
Force force structure' means the force structure plan for the
Armed Forces, known as the `Base Force', that was adopted by
the Secretary of Defense in November 1990 based upon
recommendations of the Chairman of the Joint Chiefs of Staff
and as incorporated in the President's budget for fiscal year
1992, as submitted to Congress in February 1991, and that
assumed the following force structure:
``(A) For the Department of Defense, 1,600,000 members of
the Armed Forces on active duty and 900,000 members in an
active status in the reserve components.
``(B) For the Army, 12 active divisions, six National Guard
divisions, and two cadre divisions or their equivalents.
``(C) For the Navy, 12 aircraft carrier battle groups or
their equivalents and 451 naval vessels, including 85 attack
submarines.
``(D) For the Marine Corps, three active and one Reserve
divisions and three active and one Reserve air wings.
``(E) For the Air Force, 15 active fighter wings and 11
National Guard fighter wings or their equivalents.''.
SEC. 2816. USE OF FORCE-STRUCTURE PLAN FOR ARMED FORCES IN
PREPARATION OF SELECTION CRITERIA FOR BASE
CLOSURE ROUND.
Section 2913(a) 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) is amended by adding at the end the
following new paragraph:
``(3) Use of force-structure plan.--In preparing the
proposed and final criteria to be used by the Secretary in
making recommendations under section 2914 for the closure or
realignment of military installations inside the United
States, the Secretary shall use the force-structure plan for
the Armed Forces prepared under section 2912(a).''
______
SA 706. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle C of title IX, add the following:
SEC. 926. REQUIRED FORCE STRUCTURE.
(a) Army.--Section 3062 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) The Army shall be so organized as to include not less
than--
``(1) 10 active and eight National Guard combat divisions
or their equivalents;
``(2) one active armored cavalry regiment and one light
cavalry regiment or their equivalents;
``(3) 15 National Guard enhanced brigades or their
equivalents; and
``(4) such other active and reserve component land combat,
rotary-wing aviation, and other services as may be required
to support forces specified in paragraphs (1) through (3).''.
(b) Navy.--Section 5062 of such title is amended by adding
at the end the following new subsection:
``(d) The Navy, within the Department of the Navy, shall be
so organized as to include--
``(1) not less than 305 vessels in active service;
[[Page S6720]]
``(2) not less than 12 aircraft carrier battle groups or
their equivalents, not less than 12 amphibious ready groups
or their equivalents, not less than 55 attack submarines, not
less than 108 active surface combatant vessels, and not less
than 8 reserve combatant vessels; and
``(3) such other active and reserve naval combat, naval
aviation, and service forces as may be required to support
forces specified in paragraphs (1) and (2).''.
(c) Air Force.--Section 8062 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Notwithstanding subsection (e), the Air Force shall
be so organized as to include not less than--
``(1) 46 active fighter squadrons or their equivalents;
``(2) 38 National Guard and Reserve squadrons or their
equivalents;
``(3) 96 combat-coded bomber aircraft in active service;
and
``(4) such other squadrons, reserve groups, and supporting
auxiliary and reserve units as may be required to support
forces specified in paragraphs (1) through (3).''.
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2815. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF
REALIGNMENTS AND CLOSURES OF MILITARY
INSTALLATIONS IN 2005.
(a) Revision to Force Structure Plan for 2005 Round.--
Section 2912(a) 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) is amended--
(1) by striking subparagraph (A) of paragraph (1) and
inserting the following:
``(A) A force-structure plan for the Armed Forces that--
``(i) at a minimum, assumes the force structure under the
1991 Base Force force structure (as defined in paragraph (5))
that is also known as the `Cheney-Powell force structure';
and
``(ii) includes such consideration as the Secretary
considers appropriate of an assessment by the Secretary of--
``(I) the probable threats to the national security during
the 20-year period beginning with fiscal year 2005;
``(II) the probable end-strength levels and major military
force units (including land force divisions, carrier and
other major combatant vessels, air wings, and other
comparable units) needed to meet those threats; and
``(III) the anticipated levels of funding that will be
available for national defense purposes during such
period.'';
(2) in paragraph (2)(A), by inserting before the period at
the end the following: ``, based upon an assumption that
there are no installations available outside the United
States for the permanent basing of elements of the Armed
Forces'';
(3) in paragraph (4), by inserting after the first sentence
the following new sentence: ``Any such revision shall be
consistent with this subsection.''; and
(4) by adding at the end the following new paragraph:
``(5) Base force.--In this subsection, the term `1991 Base
Force force structure' means the force structure plan for the
Armed Forces, known as the `Base Force', that was adopted by
the Secretary of Defense in November 1990 based upon
recommendations of the Chairman of the Joint Chiefs of Staff
and as incorporated in the President's budget for fiscal year
1992, as submitted to Congress in February 1991, and that
assumed the following force structure:
``(A) For the Department of Defense, 1,600,000 members of
the Armed Forces on active duty and 900,000 members in an
active status in the reserve components.
``(B) For the Army, 12 active divisions, six National Guard
divisions, and two cadre divisions or their equivalents.
``(C) For the Navy, 12 aircraft carrier battle groups or
their equivalents and 451 naval vessels, including 85 attack
submarines.
``(D) For the Marine Corps, three active and one Reserve
divisions and three active and one Reserve air wings.
``(E) For the Air Force, 15 active fighter wings and 11
National Guard fighter wings or their equivalents.''.
(b) Preparation of List of Military Installations Excluded
From Consideration in 2005 Round.--Section 2913 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) is
amended by adding at the end the following new subsections:
``(g) Base Exclusion Criteria.--In preparing the selection
criteria required by this section that will be used in making
recommendations for the closure or realignment of military
installations inside the United States, the Secretary shall
ensure that the final criteria reflect the requirement to
develop a list of those military installations to be excluded
from the base closure and realignment process, as provided in
subsection (h).
``(h) List of Installations Excluded From Consideration for
Closure or Realignment.--(1) Before preparing the list
required by section 2914(a) of the military installations
inside the United States that the Secretary recommends for
closure or realignment, the Secretary shall prepare a list of
core military installations that the Secretary considers
absolutely essential to the national defense and that should
not be considered for closure.
``(2) Not later than April 1, 2005, the Secretary shall
submit to the congressional defense committees, publish in
the Federal Register, and send to the Commission the list
required by paragraph (1). The list shall contain at least 50
percent of the total number of military installations located
inside the United States as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2004.
``(3) The Commission shall consider the list based on the
final criteria developed under subsection (e). The Commission
may modify this list, in the manner provided in section
2903(d) and section 2914(d), if the Commission finds that the
inclusion of a military installation on the list
substantially violates the criteria. The Commission shall
forward to the President, not later than April 30, 2004, a
report containing its recommendations regarding the list,
which must comply with the percentages specified in paragraph
(2). The Comptroller General shall also comply with section
2904(d)(5) by that date.
``(4) If the Commission submits a report to the President
under paragraph (3), the President shall notify Congress, not
later than May 10, 2005, regarding whether the President
approves or disapproves the report. If the President
disapproves the report, the Commission shall be dissolved,
and the process by which military installations may be
selected for closure or realignment under this part in 2005
shall be terminated.
``(5) A military installation included on the exclusion
list approved under this subsection may not be included on
the closure and realignment list prepared under section
2914(a) or otherwise considered for closure or realignment as
part of the base closure process in 2005.''.
SEC. 2816. USE OF FORCE-STRUCTURE PLAN FOR ARMED FORCES IN
PREPARATION OF SELECTION CRITERIA FOR BASE
CLOSURE ROUND.
Section 2913(a) 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) is amended by adding at the end the
following new paragraph:
``(3) Use of force-structure plan.--In preparing the
proposed and final criteria to be used by the Secretary in
making recommendations under section 2914 for the closure or
realignment of military installations inside the United
States, the Secretary shall use the force-structure plan for
the Armed Forces prepared under section 2912(a).''
______
SA 707. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 25, between lines 11 and 12, and insert the
following:
SEC. 213. HUMAN TISSUE ENGINEERING.
(a) Amount.--Of the amount authorized to be appropriated
under section 201(1), $1,710,000 shall be available in PE
0602787A-874 for human tissue engineering.
(b) Offsets.--Of the amount authorized to be appropriated
under section 201(1)--
(1) the total amount available in PE 0603015A for the
Institute for Creative Technology, is hereby reduced by
$710,000;
(2) the total amount available in PE 0602308A-DO2 for the
Institute for Creative Technology, is hereby reduced by
$500,000; and
(3) the total amount available in PE 0602712A for chemical
vapor sensing, for landmine detection by Fido, is hereby
reduced by $500,000.
______
SA 708. Mr. LAUTENBERG submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 291, between lines 14 and 15, insert the following
new section:
SEC. 1039. AUTHORITY TO PROVIDE HOMELAND SECURITY ASSISTANCE
TO NEW YORK METROPOLITAN TRANSPORTATION
AUTHORITY.
(a) Authority To Provide Assistance.--(1) The Secretary of
the Army, acting through the United States Army
Communications and Electronics Research Development Center of
the Army Materiel Command, may provide to the New York
Metropolitan Transportation Authority the assistance
described in paragraph (2).
(2) The assistance that may be provided under this section
is programmatic, technical, and acquisition assistance that
utilizes the unique expertise of the Army in land-based
command, control, communications, computers, intelligence,
surveillance, and reconnaissance (C4ISR) technology in
support of the homeland security efforts of the New York
Metropolitan Transportation Authority.
(b) Requirement for Reimbursement.--The Secretary may
provide assistance under subsection (a) only to the extent
that the
[[Page S6721]]
Authority reimburses the Secretary for the costs to the Army
of providing such assistance.
(c) Use of Receipts.--The Secretary may retain amounts
received under subsection (b) to reimburse the costs of the
Army in providing assistance under subsection (a), and such
funds shall be credited to appropriations of the Army then
currently available for the same purposes.
(d) Termination of Authority.--The authority under this
section expires on September 30, 2010.
______
SA 709. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title III, add the following:
SEC. 332. RANGE MANAGEMENT.
(a) In General.--Chapter 160 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2711. Range management
``(a) Exclusion of Certain Munitions and Other Materials
from Solid Waste under Solid Waste Disposal Act.--(1) For
purposes of the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), the term `solid waste' shall not include military
munitions, including unexploded ordnance and the constituents
thereof, that are or have been deposited incident to their
normal and expected use on an operational range and remain
thereon, unless such military munitions, including unexploded
ordnance and the constituents thereof--
``(A) are recovered, collected, and then disposed of by
burial or landfilling; or
``(B) have migrated off an operational range and are not
addressed through a response action under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
``(2) Military munitions, including unexploded ordnance and
the constituents thereof, that are described by subparagraph
(A) or (B) of paragraph (1) shall be treated as solid waste
for purposes of the Solid Waste Disposal Act, including
sections 7002 and 7003 of that Act (42 U.S.C. 6972, 6973),
where applicable.
``(3) Nothing in this subsection shall be construed to
effect the authority of Federal, State, interstate, local
regulatory authorities to determine when military munitions,
including unexploded ordnance and the constituents thereof
but excluding military munitions (including unexploded
ordnance and the constituents thereof) that are excluded from
solid waste under paragraph (1), are or become hazardous
waste for purposes of the Solid Waste Disposal Act.
``(b) Exclusion of Certain Actions on Munitions and Other
Materials from Release under CERCLA.--(1) For purposes of
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the term
`release' shall not include the deposit or presence on an
operational range of any military munitions, including
unexploded ordnance and the constituents thereof, that are or
have been deposited thereon incident to their normal and
expected used and remain thereon.
``(2) For purposes of Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, the term `release'
shall include the deposit off an operational range, or the
migration off an operational range, of military munitions,
including unexploded ordnance and the constituents thereof.
``(3) Notwithstanding paragraphs (1) and (2), the authority
of the President under section 106(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9606(a)) to take action because there may be
an imminent and substantial endangerment to the public health
or welfare or the environment because of an actual or
threatened release of a hazardous substance includes the
authority to take action because of the deposit or presence
on an operational range of any military munitions, including
unexploded ordnance and the constituents thereof, that are or
have been deposited thereon incident to normal and expected
use and remain thereon.
``(c) Protection of Environment, Safety, and Health.--
Nothing in this section shall be construed to effect the
authority of the Department of Defense to protect the
environment, safety, and health on an operational range.
``(d) Applicability to Ranges Other Than Operational
Ranges.--Nothing in this section shall be construed to effect
the legal requirements applicable to military munitions,
including unexploded ordnance and the constituents thereof,
that have been deposited on an operational range once the
range ceases to be an operational range.
``(e) Constituents Defined.--In this section, the term
`constituents' means any materials originating from military
munitions, including unexploded ordnance, explosive and non-
explosive materials, and the emissions, degradation, or
breakdown products of such munitions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of that chapter is amended by adding at the end the
following new item:
``2711. Range management.''.
______
SA 710. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle D of title X, add the following:
SEC. 1039. PROGRAM TO ENHANCE SUPPORT OF THE AMERICAN PEOPLE
FOR THE MILITARY AND MILITARY SERVICE.
(a) Program Authorized.--The Secretary of Defense may carry
out a program to enhance the support of the American people
for the military and military service.
(b) Program Name.--The program authorized by subsection (a)
shall be known as the ``Reconnect with America Program''.
(c) Activities.--Activities under the program authorized by
subsection (a) shall include activities to achieve the
following:
(1) The enhancement of support for the military and
military service among those who may not be familiar with the
benefits of military service to individuals or society as a
whole.
(2) The creation of advocates for the military and military
service among parents, teachers and others who have a
significant influence on the career choices made by the youth
of America.
(3) Such other objectives as the Secretary considers
appropriate.
(d) Construction.--The authority under subsection (a) to
carry out the program described in that subsection is in
addition to any other authority under law to carry out
programs intended to enhance the support of the American
people for the military and military service.
(e) Funding.--Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance, Defense-
wide, $42,000,000 may be available for the program authorized
by subsection (a).
______
SA 711. Mr. REED (for himself, Mr. Levin, Mr. Feingold, and Mrs.
Feinstein) proposed an amendment intended to be proposed by him to the
bill S. 1050, to authorize appropriations for fiscal year 2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
Strike section 223, and insert the following:
SEC. 223. OVERSIGHT OF PROCUREMENT, PERFORMANCE CRITERIA, AND
OPERATIONAL TEST PLANS FOR BALLISTIC MISSILE
DEFENSE PROGRAMS.
(a) Procurement.--(1) Chapter 9 of title 10, United States
Code, is amended by inserting after section 223 the following
new section:
``Sec. 223a. Ballistic missile defense programs: procurement
``(a) Budget Justification Materials.--(1) In the budget
justification materials submitted to Congress in support of
the Department of Defense budget for any fiscal year (as
submitted with the budget of the President under section
1105(a) of title 31), the Secretary of Defense shall specify,
for each ballistic missile defense system element, the
following information:
``(A) For each ballistic missile defense element for which
the Missile Defense Agency in engaged in planning for
production and initial fielding, the following information:
``(i) The production rate capabilities of the production
facilities planned to be used.
``(ii) The potential date of availability of the element
for initial fielding.
``(iii) The expected costs of the initial production and
fielding planned for the element.
``(iv) The estimated date on which the administration of
the acquisition of the element is to be transferred to the
Secretary of a military department.
``(B) The performance criteria prescribed under subsection
(b).
``(C) The plans and schedules established and approved for
operational testing under subsection (c).
``(D) The annual assessment of the progress being made
toward verifying performance through operational testing, as
prepared under subsection (d).
``(2) The information provided under paragraph (1) shall be
submitted in an unclassified form, but may include a
classified annex as necessary.
``(b) Performance Criteria.--(1) The Director of the
Missile Defense Agency shall prescribe measurable performance
criteria for all planned development phases (known as
``blocks'') of each ballistic missile defense system program
element. The performance criteria shall be updated as
necessary while the program and any follow-on program remain
in development.
``(2) The performance criteria prescribed under paragraph
(1) for a block of a program for a system shall include, at a
minimum, the following:
[[Page S6722]]
``(A) One or more criteria that specifically describe, in
relation to that block, the types and quantities of threat
missiles for which the system is being designed as a defense,
including the types and quantities of the countermeasures
assumed to be employed for the protection of the threat
missiles.
``(B) One or more criteria that specifically describe, in
relation to that block, the intended effectiveness of the
system against the threat missiles and countermeasures
identified for the purposes of subparagraph (A).
``(c) Operational Test Plans.--The Director of Operational
Test and Evaluation, in consultation with the Director of the
Missile Defense Agency, shall establish and approve for each
ballistic missile defense system program element appropriate
plans and schedules for operational testing to determine
whether the performance criteria prescribed for the program
under subsection (b) have been met. The test plans shall
include an estimate of when successful performance of the
system in accordance with each performance criterion is to be
verified by operational testing. The test plans for a program
shall be updated as necessary while the program and any
follow-on program remain in development.
``(d) Annual Testing Progress Reports.--The Director of
Operational Test and Evaluation shall perform an annual
assessment of the progress being made toward verifying
through operational testing the performance of the system
under a missile defense system program as measured by the
performance criteria prescribed for the program under
subsection (b).
``(e) Future-Years Defense Program.--The future-years
defense program submitted to Congress each year under section
221 of this title shall include an estimate of the amount
necessary for procurement for each ballistic missile defense
system element, together with a discussion of the underlying
factors and reasoning justifying the estimate.''.
(2) The table of contents at the beginning of such chapter
9 is amended by inserting after the item relating to section
223 the following new item:
``223a. Ballistic missile defense programs: procurement.''.
(b) Exception for First Assessment.--For the first
assessment required under subsection (d) of section 223a of
title 10, United States Code (as added by subsection (a))--
(1) the budget justification materials submitted to
Congress in support of the Department of Defense budget for
fiscal year 2005 (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) need not include such assessment; and
(2) the Director of Operational Test and Evaluation shall
submit the assessment to the Committees on Armed Services of
the Senate and the House of Representatives not later than
July 31, 2004.
______
SA 712. Mrs. HUTCHINSON submitted an amendment intended to be
proposed by her to the bill S. 1050, to authorize appropriations for
fiscal year 2004 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 Forces, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following new section:
SEC. __. AIR FARES FOR MEMBERS OF ARMED FORCES.
It is the sense of the Senate that each United States air
carrier should--
(1) make every effort to allow active duty members of the
armed forces to purchase tickets, on a space-available basis,
for the lowest fares offered for the flights desired, without
regard to advance purchase requirements and other
restrictions; and
(2) offer flexible terms that allow members of the armed
forces on active duty to purchase, modify, or cancel tickets
without time restrictions, fees, or penalties.
______
SA 713. Mrs. HUTCHINSON submitted an amendment intended to be
proposed by her to the bill S. 1050, to authorize appropriations for
fiscal year 2004 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 Forces, and for other purposes; which was ordered to lie on
the table; as follows:
On page 123, between lines 15 and 16, insert the
following:
SEC. 565. SUPPORT SERVICES FOR FAMILIES OF DEPLOYED MEMBERS
OF THE ARMED FORCES.
(a) Access to Services.--Chapter 88 of title 10, United
States Code, is amended by adding at the end of subchapter I
the following new section:
``Sec. 1789. Support for families of deployed members
``(a) Interservice Family Support Network.--The Secretary
of each military department, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, shall enter into a
cooperative agreement to provide an interservice family
support network in the United States.
``(b) Access to Family Support Services.--The
interservice family support network shall be designed to
ensure that--
``(1) the dependents of each member of the armed forces
(including a member of a reserve component of the armed
forces) deployed away from the member's permanent duty
station (or, in the case of a member of a reserve component,
deployed away from the commuting area of the member's
residence) have access to family support services at the
military installation that is nearest to the dependents'
residence, without regard to whether the installation is an
installation of the same armed force as the member; and
``(2) the appropriate family support services personnel
of each such installation administer an ongoing outreach
program to establish relationships between the sources of
family support services at the installation and dependents of
members of reserve components in the population potentially
to be served under the circumstances described in paragraph
(1).
``(c) Reserve Component Family Support Coordinators.--(1)
The cooperative agreement entered into under subsection (a)
shall provide for the designation of family support
coordinators to assist dependents of members of reserve
components throughout the United States with the resolution
of issues involving access to family support services from
the interservice family support network.
``(2) The duty to provide services to the dependents of
members of the reserve components shall be distributed among
the family support coordinators on a geographic basis
commensurate with the geographic distribution of the
population of such dependents.
``(d) Executive Agent for Network.--The Secretaries of
the military departments and the Secretary of Homeland
Security shall designate the Chief of the National Guard
Bureau to serve as executive agent for the administration of
the interservice family support network established under the
cooperative agreement entered into under subsection (a),
including the system of reserve component family support
coordinators required under subsection (c).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1789. Support for families of deployed members.''.
______
SA 712. Mr. NELSON of Florida submitted an amendment intended to be
proposed by her to the bill S. 1050, to authorize appropriations for
fiscal year 2004 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 Forces, and for other purposes; which was ordered to lie on
the table; as follows:
On page 291, between lines 14 and 15, insert the
following new section:
SEC. 1039. REWARD FOR INFORMATION LEADING TO THE RESOLUTION
OF THE FATE OF AN AMERICAN POW/MIA OF THE FIRST
GULF WAR.
(a) Reward Authorized.--The Secretary of Defense is
authorized to pay a gratuity or gratuities to an eligible
individual or eligible individuals determined by the
Secretary to have assisted in determining the whereabouts or
status of an American POW/MIA of the First Persian Gulf War.
(b) Aggregate Amount of Rewards.--The total amount of
gratuities paid by the Secretary under subsection (a) may not
exceed $250,000.
(c) Definitions.--In this section:
(1) American pow/mia of the first persian gulf war.--
(A) In general.--Except as provided in subparagraph (B),
the term ``American POW/MIA of the First Persian Gulf War''
means an individual--
(i) who is a member of a uniformed service (within the
meaning of section 101(3) of title 37, United States Code) in
a missing status (as defined in section 551(2) of such title
and this subsection) as a result of Operation Desert Shield/
Desert Storm; or
(ii) who is an employee (as defined in section 5561(2) of
title 5, United States Code) in a missing status (as defined
in section 5561(5) of such title) as a result of Operation
Desert Shield/Desert Storm.
(B) Exclusion.--Such term does not include an individual
with respect to whom it is officially determined under
section 552(c) of title 37, United States Code, that such
individual is officially absent from such individual's post
of duty without authority.
(2) Eligible individual.--
(A) In general.--Except as provided in subparagraph (B),
the term ``eligible individual'' means an individual who is a
national of Iraq or a nation of the Greater Middle East
Region (as determined by the Secretary in consultation with
the Secretary of State).
(B) Exceptions.--An individual described in this
subsection does not include a terrorist, a persecutor, a
person who has been convicted of a serious criminal offense,
or a person who presents a danger to the security of the
United States, as set forth in clauses (i) through (v) of
section 208(b)(2)(A) of the
[[Page S6723]]
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)).
(3) Missing status.--The term ``missing status'', with
respect to Operation Desert Shield/Desert Storm means the
status of an individual as a result of Operation Desert
Shield/Desert Storm if immediately before that status began
the individual--
(A) was performing service in Kuwait, Iraq, or another
nation of the Greater Middle East Region; or
(B) was performing service in the Greater Middle East
Region in direct support of military operations in Kuwait or
Iraq.
______
SA 715. Mrs. FEINSTEIN (for herself, Mr. Kennedy, Mr. Feingold, Mr.
Dayton, Ms. Stabenow, Mr. Reed, Mr. Durbin, Mr. Bingaman, Mr. Jeffords,
and Mr. Biden) proposed an amendment to the bill S. 1050, to authorize
appropirations for fiscal year 2004 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 Forces, and for other
purposes; as follows:
Strike section 3131.
______
SA 716. Ms. LANDRIEU submitted an amendment to the bill S. 1050, to
authorize appropirations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the
following new section:
SEC. 2825. PROPERTY CONVEYANCE, LOUISIANA ARMY AMMUNITION
PLANT, DOYLINE, LOUISIANA.
(a) Identification of Covered Property.--This section
applies specifically to the Louisiana Army Ammunition Plant
(in this section referred to as the ``Plant'') in Doyline,
Louisiana, consisting of approximately 14,949 acres, of which
13,665 acres are under license to the Military Department of
the State of Louisiana and 1,284 acres are used by the Army
Joint Munitions Command.
(b) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, 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 the real
property, including improvements thereon, that constitutes
the Plant. The deed or other instrument of conveyance shall
contain the conditions specified in subsections (d) and (e),
specify that the United States and the State agree to such
conditions, and specify that, if the State engages in a
material breach of the conditions, title to the real
property, including any improvements thereon, shall revert to
the United States at the election of the Secretary.
(c) Transfer of Equipment and Personal Property.--(1) As
part of the conveyance under subsection (b), the Secretary
may transfer, without consideration, to the State any Federal
equipment and other items of Federal personal property that
are in use or reserved for use at the Plant as of the date of
the enactment of this Act. The transfer of equipment and
personal property under the authority of this subsection is
limited to equipment and personal property required for use
by the Louisiana National Guard, as determined by the
Secretary.
(2) In the case of Federal equipment and other items of
Federal personal property that are in use or reserved for use
at the Plant as of the date of the enactment of this Act and
that are not transferred under paragraph (1), the Secretary
may sell the equipment and personal property and retain the
proceeds from such sales for environmental remediation of the
Plant.
(d) Conditions of Conveyance.--(1) The State shall use
the real property conveyed under subsection (a), and any
equipment or other property transferred under subsection
(c)(1), for purposes of training and supporting the National
Guard and military forces of the United States, for promoting
and supporting reuse of infrastructure for industrial or
other economic development, and for such other purposes as
the Secretary may authorize.
(2) The Secretary and the State shall negotiate the terms
of the conveyance such that the conveyance may become a model
of a public-private partnership. As such, the terms of the
conveyance may include any or all of the following:
(A) Sharing in revenues from tenants located at the Plant
as a result of the Armament Retooling and Manufacturing
Support program and from the divestment and sale of the
equipment.
(B) The State shall honor and continue all real estate
agreements made by the Army and the facility use contractor
through the existing terms of those instruments after the
conveyance, as determined by the Secretary.
(C) Subject to subsection (g), the State shall obtain
sufficient revenue, including revenue derived from timber,
water, and other natural reserves located on the real
property and managed in accordance with sound conservation
practices, to maintain and improve the conveyed property for
purposes of training and supporting the National Guard and
military forces of the United States and for promoting and
supporting reuse of infrastructure for industrial or other
economic development.
(3) For purposes of monitoring the extent to which the
conveyed property is being used in accordance with the
requirements of this section, the Secretary shall be given
access to such documents as the Secretary determines to be
necessary, and the Secretary may require the advance approval
by the Secretary for such contracts, conveyances of real or
personal property, or other transactions regarding the
conveyed property as the Secretary determines to be
necessary.
(4) The cost and responsibility for the monitoring of any
agreed to land use controls shall be borne by the State.
(e) Activities of Army Joint Munition Command.--(1) The
State shall permit the Army Joint Munitions Command (or its
successor commands) to continue to utilize those portions of
the Plant utilized by the Army Joint Munitions Command as of
the date on which the conveyance under subsection (b) is
made.
(2) The conveyance shall provide for the orderly
transition of any operational permits which may be needed for
the continued operation, either by the Army or any current
tenants. The time limit for that transition shall be
negotiated between the parties, but need not take place
before the actual conveyance.
(3) The Army Joint Munitions Command and the State shall
each comply with the duties and obligations imposed on them
pursuant to the agreement entitled ``Memorandum Of Agreement
Between The U.S. Army Industrial Operations Command And The
Military Department, State of Louisiana, Through The Adjutant
General For The Transfer Of Training Lands At The Louisiana
Army Ammunition Plant'', dated April 26, 2000, until such
time as Army Joint Munitions Command terminates operations at
the Plant. Thereafter, the Army Joint Munitions Command shall
continue to be responsible for and retain responsibility for
existing environmental clean-up, remediation, and restoration
of all known and unknown environmental contamination and
liability for all parcels of land, associated ground waters,
and surface waters within the conveyed property according to
the terms of the agreement, as provided in the agreement and
according to law.
(4) In the case of any waste products stored at the
conveyed property by the Army Joint Munitions Command or its
agents, contractors, or licensees, other than the State, as
of the date of the conveyance under subsection (b), the
United States shall retain title to, and responsibility for,
the products.
(f) Maintenance of Cemeteries.--Upon completion of the
conveyance under subsection (b), the State shall assume
responsibility for the nine cemeteries located on the
conveyed property.
(g) Mineral Rights.--The United States shall retain all
mineral rights associated with the Plant, and the Secretary
may sell the minerals, on behalf of the United States, and
retain and use the proceeds from such sales for environmental
remediation of the Plant.
(h) 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 satisfactory
to the Secretary. The cost of the survey shall be borne by
the State.
(i) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
______
SA 717. Ms. LANDRIEU submitted an amendment to the bill S. 1050, to
authorize appropirations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 291, between lines 14 and 15, insert the
following:
SEC. 1039. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE
NATIONAL GUARD CHALLENGE PROGRAM.
(a) Maximum Federal Share.--Section 509(d) of title 32,
United States Code, is amended--
(1) by striking paragraphs (1), (2), and (3);
(2) by redesignating paragraph (4) as paragraph (1);
(3) in paragraph (1), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(4) by adding at the end the following new paragraph (2);
``(2) for fiscal year 2004 (notwithstanding paragraph
(1)), 65 percent of the costs of operating the State program
during that year.''.
(b) Amount for Federal Assistance.--(1) The amount
authorized to be appropriated under section 301(1) is hereby
increased by $6,000,000.
(2) Of the total amount authorized to be appropriated
under section 301(1), $71,200,000 shall be available for the
National Guard
[[Page S6724]]
Challenge Program under section 509 of title 32, United
States Code.
(3) The total amount authorized to be appropriated under
section 3101(a)(1) is hereby reduced by $6,000,000, to be
derived from the amount provided for the Robust Nuclear Earth
Penetrator program.
______
SA 718. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 291, between lines 14 and 15, insert the following:
SEC. 1039. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE
NATIONAL GUARD CHALLENGE PROGRAM.
(a) Maximum Federal Share.--Section 509(d) of title 32,
United States Code, is amended by striking paragraphs (1),
(2), (3), and (4), and inserting the following:
``(1) for fiscal year 2004 and each fiscal year after
fiscal year 2006, 65 percent of the costs of operating the
State program during that year; and
``(2) for each of fiscal years 2005 and 2006, 70 percent of
the costs of operating the State program during that year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2003.
______
SA 719. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 291, between lines 14 and 15, insert the
following new section:
SEC. 1039. DESIGNATION OF AMERICA'S NATIONAL WORLD WAR II
MUSEUM.
(a) Findings.--Congress makes the following findings:
(1) The National D-Day Museum, operated in New Orleans,
Louisiana by an educational foundation, has been established
with the vision ``to celebrate the American Spirit''.
(2) The National D-Day Museum is the only museum in the
United States that exists for the exclusive purpose of
interpreting the American experience during the World War II
years (1939-1945) on both the battlefront and the home front
and, in doing so, covers all of the branches of the Armed
Forces and the Merchant Marine.
(3) The National D-Day Museum was founded by the
preeminent American historian, Stephen E. Ambrose, as a
result of a conversation with President Dwight D. Eisenhower
in 1963, when the President and former Supreme Commander,
Allied Expeditionary Forces in Europe, credited Andrew
Jackson Higgins, the chief executive officer of Higgins
Industries in New Orleans, as the ``man who won the war for
us'' because the 12,000 landing craft designed by Higgins
Industries made possible all of the amphibious invasions of
World War II and carried American soldiers into every theatre
of the war.
(4) The National D-Day Museum, since its grand opening on
June 6, 2000, the 56th anniversary of the D-Day invasion of
Normandy, has attracted nearly 1,000,000 visitors from around
the world, 85 percent of whom have been Americans from across
the country.
(5) American World War II veterans, called the ``greatest
generation'' of the Nation, are dying at the rapid rate of
more than 1,200 veterans each day, creating an urgent need to
preserve the stories, artifacts, and heroic achievements of
that generation.
(6) The United States has a need to preserve forever the
knowledge and history of the Nation's most decisive
achievement in the 20th century and to portray that history
to citizens, visitors, and school children for centuries to
come.
(7) Congress, recognizing the need to preserve this
knowledge and history, appropriated funds in 1992 to
authorize the design and construction of The National D-Day
Museum in New Orleans to commemorate the epic 1944 Normandy
invasion, and subsequently appropriated additional funds in
1998, 2000, 2001, and 2002, to help expand the exhibits in
the museum to include the D-Day invasions in the Pacific
Theatre of Operations and the other campaigns of World War
II.
(8) The State of Louisiana and thousands of donors and
foundations across the country have contributed millions of
dollars to help build this national institution.
(9) The Board of Trustees of The National D-Day Museum is
national in scope and diverse in its makeup.
(10) The World War II Memorial now under construction on
the National Mall in Washington, the District of Columbia,
will always be the memorial in our Nation where people come
to remember America's sacrifices in World War II, while The
National D-Day Museum will always be the museum of the
American experience in the World War II years (1939-1945),
where people come to learn about Americans' experiences
during that critical period, as well as a place where the
history of our Nation's monumental struggle against worldwide
aggression by would-be oppressors is preserved so that future
generations can understand the role the United States played
in the preservation and advancement of democracy and freedom
in the middle of the 20th century.
(11) The National D-Day Museum seeks to educate a diverse
group of audiences through its collection of artifacts,
photographs, letters, documents, and first-hand personal
accounts of the participants in the war and on the home front
during one of history's darkest hours.
(12) The National D-Day Museum is devoted to the combat
experience of United States citizen soldiers in all of the
theatres of World War II and to the heroic efforts of the men
and women on the home front who worked tirelessly to support
the troops and the war effort.
(13) The National D-Day Museum continues to add to and
maintain one of the largest personal history collections in
the United States of the men and women who fought in World
War II and who served on the home front.
(14) No other museum describes as well the volunteer
spirit that arose throughout the United States and united the
country during the World War II years.
(15) The National D-Day Museum is engaged in a 250,000
square foot expansion to include the Center for the Study of
the American Spirit, an advanced format theatre, and a new
United States pavilion.
(16) The planned ``We're All in this Together'' exhibit
will describe the role every State, commonwealth, and
territory played in World War II, and the computer database
and software of The National D-Day Museum's educational
program will be made available to the teachers and school
children of every State, commonwealth, and territory.
(17) The National D-Day Museum is an official Smithsonian
affiliate institution with a formal agreement to borrow
Smithsonian artifacts for future exhibitions.
(18) Le Memorial de Caen in Normandy, France has formally
recognized The National D-Day Museum as its official partner
in a Patriotic Alliance signed on October 16, 2002, by both
museums.
(19) The official Battle of the Bulge museums in
Luxembourg and the American Battlefield Monuments Commission
are already collaborating with The National D-Day Museum on
World War II exhibitions.
(20) Congress made available $4,200,000 in fiscal year
2002 and $3,000,000 in fiscal year 2003 in Department of
Defense appropriations Acts for the purpose of planning the
expansion of The National D-Day Museum to tell the untold
stories from the campaigns of World War II, and to design new
exhibits on the war on land, at sea, and in the air, the
China-Burma-India theatre, the Japanese invasion of Alaska's
Aleutian Islands, the roles of women and African-Americans in
World War II, and other relevant subjects.
(21) For all of these reasons, it is appropriate to
designate The National D-Day Museum as ``America's National
World War II Museum''.
(b) Purposes.--The purposes of this section are, through
the designation of The National D-Day Museum as ``America's
National World War II Museum'', to express the United States
Government's support for--
(1) the continuing preservation, maintenance, and
interpretation of the artifacts, documents, images, and
history collected by the museum;
(2) the education of the American people as to the
American experience in combat and on the home front during
the World War II years, including the conduct of educational
outreach programs for teachers and students throughout the
United States;
(3) the operation of a premier facility for the public
display of artifacts, photographs, letters, documents, and
personal histories from the World War II years (1939-1945);
(4) the further expansion of the current European and
Pacific campaign exhibits in the museum, including the Center
for the Study of the American Spirit for education; and
(5) ensuring the understanding by all future generations
of the magnitude of the American contribution to the Allied
victory in World War II, the sacrifices made to preserve
freedom and democracy, and the benefits of peace for all
future generations in the 21st century and beyond.
(c) Designation of ``America's National World War II
Museum''.--The National D-Day Museum, New Orleans, Louisiana,
is designated as ``America's National World War II Museum''.
______
SA 720. Mr. KENNEDY (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by her to the bill S. 1050, to
authorize appropriations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
[[Page S6725]]
At the end of title VI, add the following:
Subtitle F--Naturalization and Family Protection for Military Members
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ``Naturalization and
Family Protection for Military Members Act of 2003''.
SEC. 662. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN
THE ARMED FORCES OF THE UNITED STATES.
(a) Reduction of Period for Required Service.--Section
328(a) of the Immigration and Nationality Act (8 U.S.C.
1439(a)) is amended by striking ``three years'' and inserting
``2 years''.
(b) Prohibition on Imposition of Fees Relating to
Naturalization.--Title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.) is amended--
(1) in section 328(b)--
(A) in paragraph (3)--
(i) by striking ``honorable. The'' and inserting
``honorable (the''; and
(ii) by striking ``discharge.'' and inserting
``discharge); and''; and
(B) by adding at the end the following:
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or for the issuance of a
certificate of naturalization upon citizenship being granted
to the applicant, and no clerk of any State court shall
charge or collect any fee for such services unless the laws
of the State require such charge to be made, in which case
nothing more than the portion of the fee required to be paid
to the State shall be charged or collected.''; and
(2) in section 329(b)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or for the issuance of a
certificate of naturalization upon citizenship being granted
to the applicant, and no clerk of any State court shall
charge or collect any fee for such services unless the laws
of the State require such charge to be made, in which case
nothing more than the portion of the fee required to be paid
to the State shall be charged or collected.''.
(c) Naturalization Proceedings Overseas for Members of
the Armed Forces.--Notwithstanding any other provision of
law, the Secretary of Homeland Security, the Secretary of
State, and the Secretary of Defense shall ensure that any
applications, interviews, filings, oaths, ceremonies, or
other proceedings under title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) relating to
naturalization of members of the Armed Forces are available
through United States embassies, consulates, and as
practicable, United States military installations overseas.
(d) Technical and Conforming Amendment.--Section
328(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1439(b)(3)) is amended by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 663. NATURALIZATION BENEFITS FOR MEMBERS OF THE SELECTED
RESERVE OF THE READY RESERVE.
Section 329(a) of the Immigration and Nationality Act (8
U.S.C. 1440(a)) is amended by inserting ``as a member of the
Selected Reserve of the Ready Reserve or'' after ``has served
honorably''.
SEC. 664. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING
SPOUSES, CHILDREN, AND PARENTS.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who
was the spouse of a citizen of the United States at the time
of the citizen's death and was not legally separated from the
citizen at the time of the citizen's death, if the citizen
served honorably in an active duty status in the military,
air, or naval forces of the United States and died as a
result of injury or disease incurred in or aggravated by that
service, the alien (and each child of the alien) shall be
considered, for purposes of section 201(b) of such Act, to
remain an immediate relative after the date of the citizen's
death, but only if the alien files a petition under section
204(a)(1)(A)(ii) of such Act within 2 years after such date
and only until the date the alien remarries. For purposes of
such section 204(a)(1)(A)(ii), an alien granted relief under
the preceding sentence shall be considered an alien spouse
described in the second sentence of section 201(b)(2)(A)(i)
of such Act.
(2) Children.--
(A) In general.--In the case of an alien who was the
child of a citizen of the United States at the time of the
citizen's death, if the citizen served honorably in an active
duty status in the military, air, or naval forces of the
United States and died as a result of injury or disease
incurred in or aggravated by that service, the alien shall be
considered, for purposes of section 201(b) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)), to remain an
immediate relative after the date of the citizen's death
(regardless of changes in age or marital status thereafter),
but only if the alien files a petition under subparagraph (B)
within 2 years after such date.
(B) Petitions.--An alien described in subparagraph (A)
may file a petition with the Secretary of Homeland Security
for classification of the alien under section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a petition
shall be considered a petition filed under section
204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(3) Parents.--
(A) In general.--In the case of an alien who was the
parent of a citizen of the United States at the time of the
citizen's death, if the citizen served honorably in an active
duty status in the military, air, or naval forces of the
United States and died as a result of injury or disease
incurred in or aggravated by that service, the alien shall be
considered, for purposes of section 201(b) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)), to remain an
immediate relative after the date of the citizen's death
(regardless of changes in age or marital status thereafter),
but only if the alien files a petition under subparagraph (B)
within 2 years after such date.
(B) Petitions.--An alien described in subparagraph (A)
may file a petition with the Secretary of Homeland Security
for classification of the alien under section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a petition
shall be considered a petition filed under section
204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(C) Exception.--Notwithstanding section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)), for purposes of this paragraph, a citizen
described in subparagraph (A) does not have to be 21 years of
age for a parent to benefit under this paragraph.
(b) Applications for Adjustment of Status by Surviving
Spouses, Children, and Parents.--
(1) In general.--Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8
U.S.C. 1255), any alien who was the spouse, child, or parent
of an alien described in paragraph (2), and who applied for
adjustment of status prior to the death described in
paragraph (2)(B), may have such application adjudicated as if
such death had not occurred.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
(B) died as a result of injury or disease incurred in or
aggravated by that service; and
(C) was granted posthumous citizenship under section 329A
of the Immigration and Nationality Act (8 U.S.C. 1440-1).
(c) Spouses and Children of Lawful Permanent Resident
Aliens.--
(1) Treatment as immediate relatives.--
(A) In general.--A spouse or child of an alien described
in paragraph (3) who is included in a petition for
classification as a family-sponsored immigrant under section
203(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1153(a)(2)) that was filed by such alien, shall be considered
(if the spouse or child has not been admitted or approved for
lawful permanent residence by such date) a valid petitioner
for immediate relative status under section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). Such spouse or child shall be eligible for
deferred action, advance parole, and work authorization.
(B) Petitions.--An alien spouse or child described in
subparagraph (A) may file a petition with the Secretary of
Homeland Security for classification of the alien under
section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(2) Self-petitions.--Any spouse or child of an alien
described in paragraph (3) who is not a beneficiary of a
petition for classification as a family-sponsored immigrant
may file a petition for such classification under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland
Security, but only if the spouse or child files a petition
within 2 years after such date. Such spouse or child shall be
eligible for deferred action, advance parole, and work
authorization.
(3) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
(B) died as a result of injury or disease incurred in or
aggravated by that service; and
(C) was granted posthumous citizenship under section 329A
of the Immigration and Nationality Act (8 U.S.C. 1440-1).
(d) Parents of Lawful Permanent Resident Aliens.--
(1) Self-petitions.--Any parent of an alien described in
paragraph (2) may file a petition for classification under
section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files
a petition within 2 years after such date. For purposes of
such Act, such petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)). Such parent shall
[[Page S6726]]
be eligible for deferred action, advance parole, and work
authorization.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
(B) died as a result of injury or disease incurred in or
aggravated by that service; and
(C) was granted posthumous citizenship under section 329A
of the Immigration and Nationality Act (8 U.S.C. 1440-1).
(e) Adjustment of Status.--Notwithstanding subsections
(a) and (c) of section 245 of the Immigration and Nationality
Act (8 U.S.C. 1255), an alien physically present in the
United States who is the beneficiary of a petition under
paragraph (1), (2)(B), or (3)(B) of subsection (a), paragraph
(1)(B) or (2) of subsection (c), or subsection (d)(1) of this
section, may apply to the Secretary of Homeland Security for
adjustment of status to that of an alien lawfully admitted
for permanent residence.
(f) Waiver of Certain Grounds of Inadmissibility.--In
determining the admissibility of any alien accorded an
immigration benefit under this section, the grounds for
inadmissibility specified in paragraphs (4), (6), (7), and
(9) of section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(g) Benefits to Survivors; Technical Amendment.--Section
329A of the Immigration and Nationality Act (8 U.S.C. 1440-1)
is amended--
(1) by striking subsection (e); and
(2) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''.
(h) Technical and Conforming Amendments.--Section 319(d)
of the Immigration and Nationality Act (8 U.S.C. 1430(d)) is
amended--
(1) by inserting ``, child, or parent'' after ``surviving
spouse'';
(2) by inserting ``, parent, or child'' after ``whose
citizen spouse''; and
(3) by striking ``who was living'' and inserting ``who,
in the case of a surviving spouse, was living''.
SEC. 665. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall take effect as if enacted on September 11, 2001.
______
SA 721. Mr. LAUTENBERG submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 276, between lines 5 and 6, insert the following
new section:
SEC. 1025. REPORT ON THE NUMBER OF UNITED STATES TROOPS IN
IRAQ.
(a) Report Required.--Not later than 30 days after the date
of the enactment of this Act, and every 30 days thereafter,
the Secretary of Defense shall submit to Congress a report on
the number of members of the United States Armed Forces in
Iraq at such time.
(b) Termination of Requirement.--No report shall be
required under subsection (a) after the month that begins on
the date that is 2 years after the date of the enactment of
this Act.
______
SA 722. Mr. LAUTENBERG (for himself and Mr. Jeffords) submitted an
amendment intended to be proposed by him to the bill S. 1050, to
authorize appropriations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 48, beginning on line 16, strike ``if the Secretary
determines that'' and all that follows through page 48, line
20, and insert the following: ``if the Secretary of the
Interior determines in writing that--
``(1) the management activities identified in the plan will
effectively conserve the threatened species and endangered
species within the lands or areas covered by the plan; and
``(2) the plan provides assurances that adequate funding
will be provided for such management activities.
______
SA 723. Mr. LOTT (for himself and Mr. Lieberman) submitted an
amendment intended to be proposed by him to the bill S. 1050, to
authorize appropriations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 25, between lines 11 and 12, and insert the
following:
SEC. 213. COMPOSITE SAIL TEST ARTICLES.
Of the total amount authorized to be appropriated under
section 201(2) for Virginia-class submarine development,
$2,000,000 shall be available for the development and
fabrication of composite sail test articles for incorporation
into designs for future submarines.
______
SA 724. Mr. COCHRAN (for himself, Mr. Reed, Mr. Chambliss, Mr. Nelson
of Nebraska, Ms. Mikulski, and Mr. Bond) submitted an amendment
intended to be proposed by him to the bill S. 1050, to authorize
appropriations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 40, between lines 7 and 8, insert the following:
SEC. 235. COPRODUCTION OF ARROW BALLISTIC MISSILE DEFENSE
SYSTEM.
Of the total amount authorized to be appropriated under
section 201 for ballistic missile defense, $115,000,000 shall
be available for coproduction of the Arrow ballistic missile
defense system.
______
SA 725. Mr. DAYTON submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
Strike section 833.
______
SA 726. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill S. 1050, to authorize appropriations for
fiscal year 2004 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 Forces, 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:
3135: INCLUSION OF CONVENTIONAL EARTH PENETRATOR IN
FEASIBILITY STUDY FOR ROBUST NUCLEAR EARTH
PENETRATOR.
(a) Requirement.--The Secretary of Energy shall include in
the feasibility study for the Robust Nuclear Earth Penetrator
program a conventional earth penetrator option.
(b) Availability of Funds.--Amounts authorized to be
appropriated by section 3101(a)(1) and available for the
Robust Nuclear Earth Penetrator program shall be available to
meet the requirement under subsection (a).
______
SA 727. Mr. BUNNING (for himself and Mr. Sessions) submitted an
amendment intended to be proposed by him to the bill S. 1050, to
authorize appropriations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
On page 17, after line 25, add the following:
(5) The Phalanx Close in Weapon System program, Block 1B.
______
SA 728. Mr. BUNNING submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle C of title IX, add the following:
SEC. 926. PROHIBITION ON USE OF FUNDS FOR ACTIVITIES RELATING
TO CERTAIN REDUCTIONS IN NUMBER OF C-130
AIRCRAFT ASSIGNED TO UNITS OF THE AIR NATIONAL
GUARD.
Notwithstanding any other provision of law, no funds
authorized to be appropriated or otherwise made available for
the Department of Defense by this Act may be used to plan or
implement a reduction in the number of C-130 aircraft
assigned to a unit of the Air National Guard of a State below
the number of C-130 aircraft assigned to that unit as of
October 1, 2002, if that unit is the only unit of the Air
National Guard in such State.
[[Page S6727]]
______
SA 729. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title III, add the following:
SEC. 313. INFORMATION OPERATIONS SUSTAINMENT FOR LAND FORCES
READINESS OF ARMY RESERVE.
(a) Increase in Authorization of Appropriations for Army
Reserve.--The amount authorized to be appropriated by section
301(6) for operation and maintenance for the Army Reserve is
hereby increased by $3,000,000.
(b) Availability for Information Operations Sustainment.--
(1) Of the amount authorized to be appropriated by section
301(6) for operation and maintenance for the Army Reserve, as
increased by subsection (a), $3,000,000 shall be available
for Information Operations (Account #19640) for Land Forces
Readiness-Information Operations Sustainment.
(2) The amount available under paragraph (1) for the
purpose specified in that paragraph is in addition to any
other amounts available under this Act for that purpose.
(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 $3,000,000,
with the amount of the reduction to be allocated to Advanced
Aluminum Aerostructures (PE 603211F).
______
SA 730. Mr. SCHUMER submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, 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. 835. INCLUSION OF MATERIALS AND COMPONENTS OF CLOTHING
UNDER ``BERRY AMENDMENT''.
Section 2533a(b)(1)(B) of title 10, United States Code, is
amended by inserting before the semicolon the following: ``,
including the materials and components thereof''.
______
SA 731. Mr. SCHUMER submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title VI, add the following:
SEC. 624. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAPONS OF
MASS DESTRUCTION CIVIL SUPPORT TEAM.
(a) In General.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 305a the
following new section:
``Sec. 305b. Special pay: service as member of Weapons of
Mass Destruction Civil Support Team
``(a) Availability of Special Pay.--The Secretary of a
military department may pay special pay under this section to
a member of the armed forces under the jurisdiction of that
Secretary who is entitled to basic pay under section 204 and
is assigned by orders to duty as a member of a Weapons of
Mass Destruction Civil Support Team.
``(b) Monthly Rate.--Special pay payable under subsection
(a) shall be paid at a rate equal to $150 a month.
``(c) Eligibility of Reserve Component Members When
Performing Inactive Duty Training.--Under regulations
prescribed by the Secretary concerned and to the extent
provided for in appropriation Acts, when a member of a
reserve component of the armed forces who is entitled to
compensation under section 206 of this title performs duty
under orders as a member of a Weapons of Mass Destruction
Civil Support Team, the member may be paid an increase in
compensation equal to \1/30\ of the monthly special pay
specified in subsection (b) for each day on which the member
performs such duty.
``(d) Definition.--In this section, the term `Weapons of
Mass Destruction Civil Support Team' means a team of members
of the reserve components of the armed forces that is
established under section 12310(c) of title 10 in support of
emergency preparedness programs to prepare for or to respond
to any emergency involving the use of a weapon of mass
destruction.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
305a the following new item:
``305b. Special pay: service as member of Weapons of Mass Destruction
Civil Support Team.''.
(b) Effective Date.--Section 305b of title 37, United
States Code, as added by subsection (a), shall take effect on
October 1, 2003.
______
SA 732. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
In section 3131, add at the end the following:
(c) Report.--Not later than March 1, 2004, the Secretary of
Defense and the Secretary of State shall jointly submit to
Congress a report assessing the effects on the proliferation
goals, objectives, and activities of the United States of the
repeal of section 3136 of the National Defense Authorization
Act for Fiscal Year 1994, including the effects of the repeal
of the prohibition on activities carried out under the
Cooperative Threat Reduction program.
______
SA 733. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
In section 3131, add at the end the following:
(c) Report.--Not later than March 31, 2004, the National
Academy of Sciences shall submit to Congress a report
containing the determination of the National Academy of
Sciences whether or not the repeal of the prohibition on
research and development of low-yield nuclear weapons in
section 3136 of the National Defense Authorization Act for
Fiscal Year 1994 constitutes a requirement for the testing of
low-yield nuclear weapons.
______
SA 734. Mr. LAUTENBERG submitted an amendment intended to be proposed
by her to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON USE OF SYMBOLS OF UNITED STATES ARMED
FORCES ON FIREARMS.
Section 922 of title 18, United States Code, is amended by
adding at the end the following:
``(z) Prohibition on Use of Symbols of United States Armed
Forces on Firearms.--
``(1) Definitions.--In this subsection--
``(A) the term `armed forces of the United States' means
the Army, Navy, Air Force, Marine Corps, and Coast Guard; and
``(B) the term `civilian firearm' means any firearm that is
available to the public, but does not include any firearm
owned and controlled by the armed forces of the United
States.
``(2) Unlawful acts.--It shall be unlawful for any person
to knowingly manufacture, sell, or transfer a civilian
firearm that--
``(A) bears any symbol, seal, emblem, insignia, name, or
likeness of the armed forces of the United States, or any
subdivision thereof; or
``(B) can reasonably be mistaken for a firearm described
under subparagraph (A).''.
______
SA 735. Mr. NELSON of Florida (for himself, Mr. Kennedy, and Mrs.
Clinton) submitted an amendment intended to be proposed by her to the
bill S. 1050, to authorize appropriations for fiscal year 2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle G of title V, add the following:
[[Page S6728]]
SEC. 565. MODIFICATION OF COMMENCEMENT AND TERMINATION OF
TRANSITIONAL COMPENSATION FOR DEPENDENTS OF
MEMBERS OF THE ARMED FORCES SEPARATED FOR
DEPENDENT ABUSE.
(a) Commencement.--Paragraph (1)(A) of section 1059(e) of
title 10, United States Code, is amended by striking ``shall
commence'' and all that follows and inserting ``shall
commence--
``(i) as of the date the court-martial sentence is
adjudged if the sentence, as adjudged, includes a dismissal,
dishonorable discharge, bad conduct discharge, or forfeiture
of all pay and allowances; or
``(ii) if a pretrial agreement provides for a disapproval
or suspension of the dismissal, dishonorable discharge, bad
conduct discharge, or forfeiture of all pay and allowances,
as of the date of the approval of the court-martial sentence
by the person acting under section 860(c) of this title
(article 60(c) of the Uniform Code of Military Justice) if
the sentence, as approved, includes a dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances; and''.
(b) Termination.--Paragraph (3)(A) of such section is
amended by striking ``and each such punishment'' and all that
follows through ``or mitigated'' and inserting ``and the
conviction is disapproved by the person acting under section
860(c) of this title (article 60(c) of the Uniform Code of
Military Justice) or set aside, or each such punishment
applicable to the member under the sentence is disapproved by
the person so acting, remitted, set aside, suspended, or
mitigated''.
______
SA 736. Mr. NELSON of Florida (for himself, Mr. Kennedy, and Mrs.
Clinton) submitted an amendment intended to be proposed by her to the
bill S. 1050, to authorize appropriations for fiscal year 2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle G of title V, add the following:
SEC. 565. REVIEWS OF FATALITIES ARISING FROM DOMESTIC
VIOLENCE OR CHILD ABUSE INVOLVING MEMBERS OF
THE ARMED FORCES.
(a) Reviews Authorized.--Subchapter I of chapter 88 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 1789. Review of fatalities arising from domestic
violence or child abuse involving members of the armed
forces
``(a) Reviews Authorized.--The Secretary of the military
department concerned may provide for the impartial review, on
a multidisciplinary basis, of any fatality known or suspected
to have resulted from domestic violence or child abuse
involving any of the following:
``(1) A member of the armed forces.
``(2) A current or former dependent of a member of the
armed forces.
``(3) A current or former intimate partner of a member of
the armed forces who has a child in common with the member or
has shared a common domicile with the member.
``(b) Administrative Matters.--(1) Any review conducted
under subsection (a) shall comply with the provisions of
section 552a of title 5 (commonly referred to as the Privacy
Act of 1974).
``(2) Documents prepared for the internal deliberations
of a team conducting a review under subsection (a), and any
records of such deliberations, shall not be made public under
section 552 of title 5 (commonly referred to as the Freedom
of Information Act).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1789. Review of fatalities arising from domestic violence
or child abuse involving members of the armed
forces.''.
______
SA 737. Mr. NELSON of Florida (for himself, Mr. Kennedy, and Mrs.
Clinton) submitted an amendment intended to be proposed by her to the
bill S. 1050, to authorize appropriations for fiscal year 2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle G of title V, add the following:
SEC. 565. CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES FOR
DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO
HAVE COMMITTED DEPENDENT ABUSE.
Section 406(h) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(4)(A) If the Secretary concerned makes a determination
described in subparagraph (B) with respect to the spouse or a
dependent of a member described in that subparagraph and a
request described in subparagraph (C) has been by the spouse
or on behalf of such dependent, the Secretary may provide any
benefit authorized for a member under paragraph (1) or (3) to
the spouse or such dependent in lieu of providing such
benefit to the member.
``(B) A determination described in this subparagraph is a
determination by the commanding officer of a member that--
``(i) the member has committed a dependent-abuse offense
against the spouse or a dependent of the member;
``(ii) a safety plan and counseling have been provided to
the spouse or such dependent;
``(iii) the safety of the spouse or such dependent is at
risk; and
``(iv) the relocation of the spouse or such dependent is
advisable.
``(C) A request described in this subparagraph is a request
by the spouse of a member, or by the parent of a dependent
child in the case of a dependent child of a member, for
relocation.
``(D) Transportation may be provided under this paragraph
for household effects or a motor vehicle only if a written
agreement of the member, or an order of a court of competent
jurisdiction, gives possession of the effects or vehicle to
the spouse or dependent of the member concerned.
``(E) In this paragraph, the term `dependent-abuse offense'
means an offense described in section 1059(c) of title 10.''.
______
SA 738. Mr. BENNETT submitted an amendment intended to be proposed by
her to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle D of title X, add the following:
SEC. 1039. REPEAL OF MTOPS REQUIREMENT FOR COMPUTER EXPORT
CONTROLS.
(a) Repeal.--Subtitle B of title XII of, and section 3157
of, the National Defense Authorization Act for Fiscal Year
1998 (50 U.S.C. App. 2404 note) are repealed.
(b) Consultation Required.--Before implementing any
regulations relating to an export administration system for
high-performance computers, the President shall consult with
the following congressional committees:
(1) The Select Committee on Homeland Security, the
Committee on Armed Services, and the Committee on
International Relations of the House of Representatives.
(2) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(c) Report.--Not later than 30 days after implementing
any regulations described in subsection (b), the President
shall submit to Congress a report that--
(1) identifies the functions of the Secretary of
Commerce, Secretary of Defense, Secretary of Energy,
Secretary of State, Secretary of Homeland Security, and any
other relevant national security or intelligence agencies
under the export administration system embraced by those
regulations; and
(2) explains how the export administration system will
effectively advance the national security objectives of the
United States.
______
SA 739. Mr. DOMENICI submitted an amendment intended to be proposed
by her to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place in title VII, insert the
following:
SEC. __. REIMBURSEMENT OF COVERED BENEFICIARIES FOR CERTAIN
TRAVEL EXPENSES RELATING TO SPECIALIZED DENTAL
CARE.
Section 1074i of title 10, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before ``In any
case''; and
(2) by adding at the end the following new subsection:
``(b) Specialty Care Providers.--For purposes of
subsection (a), the term `specialty care provider' includes a
dental specialist (including an oral surgeon, orthodontist,
prosthodontist, periodontist, endodontist, or pediatric
dentist).''.
______
SA 740. Mr. DOMENICI submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
[[Page S6729]]
At the appropriate place in title VII, insert the
following:
SEC. __. ELIGIBILITY OF RESERVE OFFICERS FOR HEALTH CARE
PENDING ORDERS TO ACTIVE DUTY FOLLOWING
COMMISSIONING.
Section 1074(a) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``who is on active duty'' and inserting
``described in paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) Members of the uniformed services referred to in
paragraph (1) are as follows:
``(A) A member of a uniformed service on active duty.
``(B) A member of a reserve component of a uniformed
service who has been commissioned as an officer if--
``(i) the member has requested orders to active duty for
the member's initial period of active duty following the
commissioning of the member as an officer;
``(ii) the request for orders has been approved;
``(iii) the orders are to be issued but have not been
issued; and
``(iv) the member does not have health care insurance and
is not covered by any other health benefits plan.''.
______
SA 741. Mr. DOMENICI submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2815. ENERGY SAVINGS AT MILITARY INSTALLATIONS.
(a) Use of Amounts Realized from Energy Cost Savings.--(1)
Paragraph (2) of subsection (b) of section 2865 of title 10,
United States Code, is amended by striking ``shall be used as
follows:'' and all that follows and inserting ``shall be used
at the military installation at which the amount concerned
was realized for one or more purposes at the installation, as
determined by the commander of the installation in a manner
consistent with applicable law and regulations, as follows:
``(A) For the implementation of additional energy
conservation measures, and for energy conservation activities
at buildings or facilities, at the installation.
``(B) For improvements to existing military family housing
units at the installation.
``(C) For unspecified minor construction projects at the
installation that will enhance quality of life of personnel
at the installation.
``(D) For support or improvement of any morale, welfare, or
recreation facility or service at the installation.''.
(2) The amendment made by paragraph (1) shall take effect
on October 1, 2003, and shall apply with respect to fiscal
years that begin on or after that date.
(b) Energy Savings Performance Contracts.--That section is
further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Energy Savings Performance Contracts.--The Secretary
of Defense shall require the use of energy savings
performance contracts at each installation of the Department
of Defense commencing not later than September 30, 2004.
``(2) The Secretary shall carry out the requirement under
paragraph (1) at an installation through energy savings
performance contracts indefinite delivery indefinite quantity
contracts that are in force at the installation.
``(3) For purposes of carrying out the requirement under
paragraph (1), the Secretary shall terminate any cap or
ceiling on energy savings performance contracts indefinite
delivery indefinite quantity contracts that are otherwise
applicable to installations of the Department.
``(4) For purposes of carrying out the requirement under
paragraph (1) with respect to installations of the Air Force,
the Secretary of the Air Force shall--
``(A) permit the use of any indefinite delivery indefinite
quantity contracts for energy savings performance contracts
at such installations; and
``(B) terminate any limitation on the use of indefinite
delivery indefinite quantity contracts for energy savings
performance contracts that would otherwise impede the use of
indefinite delivery indefinite quantity contracts for energy
savings performance contracts at such installations.''.
______
SA 742. Mr. DOMENICI submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, 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. 213. BORON ENERGY CELL TECHNOLOGY.
(a) Increase in RDT&E, Air Force.--The amount authorized to
be appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force for fiscal year 2004
is hereby increased by $5,000,000.
(b) Availability for Boron Energy Cell Technology.--(1) of
the amount authorized to be appropriated by section 201(3)
for research, development, test, and evaluation for the Air
Force for fiscal year 2004, as increased by subsection (a),
$5,000,000 shall be available for research, development,
test, and evaluation on boron energy cell technology.
(2) The amount available under paragraph (1) for fiscal
year 2004 for the purpose specified in that paragraph is in
addition to any other amounts available under law for fiscal
year 2004 for that purpose.
(c) Offset from Other Procurement, Air Force.--The amount
authorized to be appropriated by section 103(4), for other
procurement for the Air Force for fiscal year 2004 is hereby
reduced by $5,000,000, with the amount of the reduction to be
allocated to the Point of Maintenance Initiative.
______
SA 743. Mr. GRAHAM of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 1050, to authorize appropriations
for fiscal year 2004 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 Forces, and for other purposes; which was ordered to
lie on the table; as follows:
On page 40, between lines 7 and 8, insert the following:
SEC. 235. AMOUNT FOR COLLABORATIVE INFORMATION WARFARE
NETWORK.
Of the amount authorized to be appropriated by section
201(4), $263,738,000 shall be available for advanced concept
technology demonstrations, of which $8,000,000 shall be
available for the Collaborative Information Warfare Network
at the Critical Infrastructure Protection Center of the Space
and Naval Warfare Systems Command.
______
SA 744. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, 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. 652. EDUCATION-RELATED REFUNDS AND LEAVE OF ABSENCE FOR
MILITARY SERVICE.
(a) Leave of Absence for Military Service.--Part G of title
IV of the Higher Education Act of 1965 is amended by
inserting after section 484B (20 U.S.C. 1091b) the following
new section:
``SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY
SERVICE.
``(a) Leave of Absence Required.--Whenever a student who is
an affected individual is unable to complete a period of
instruction or to receive academic credit because he or she
was called up for active duty or active service, the
institution of higher education in which the student is
enrolled shall--
``(1) grant the student a military leave of absence from
the institution while such student is serving on active duty
or active service, and for one year after the conclusion of
such duty or service, in accordance with subsection (b); and
``(2) provide the student with a refund or credit in
accordance with subsection (c).
``(b) Consequences of Military Leave of Absence.--A student
who is an affected individual and who is on a military leave
of absence from an institution of higher education shall be
entitled, upon release from serving on active duty or active
service, to be restored to the educational status such
student had attained prior to being ordered to such duty
without loss of academic credits earned, scholarships or
grants awarded by the institution, or, subject to subsection
(c), tuition and other fees paid prior to the commencement of
the active duty or active service.
``(c) Refunds.--An institution of higher education shall
refund tuition or fees paid prior to the commencement of the
active duty or active service of an affected individual. If a
student taking a military leave of absence for active duty or
active service requests a refund during a period of
enrollment, the institution of higher education shall refund
100 percent of the tuition and fees paid for the period of
enrollment.
``(d) Leave of Absence Not Treated as Withdrawal.--
Notwithstanding the 180-day limitation in section 484B(a)(2),
a student on a military leave of absence under this section
shall not be treated as having withdrawn for purposes of
section 484B unless the student fails to return at the end of
the military leave of absence (as determined under subsection
(a) of this section).
[[Page S6730]]
``(e) Definitions.--As used in this section:
``(1) Active duty.--The term `active duty' has the meaning
given such term in section 101(d)(1) of title 10, United
States Code, except that such term does not include active
duty for training or attendance at a service school.
``(2) Affected individual.--The term `affected individual'
means an individual who--
``(A) is serving on active duty during a war or other
military operation or national emergency; or
``(B) is performing qualifying National Guard duty during a
war or other military operation or national emergency.
``(3) Military operation.--The term `military operation'
means a contingency operation as such term is defined in
section 101(a)(13) of title 10, United States Code.
``(4) National emergency.--The term `national emergency'
means a national emergency declared by the President of the
United States.
``(5) Serving on active duty.--The term `serving on active
duty during a war or other military operation or national
emergency' means service by an individual who is--
``(A) a Reserve of an Armed Force ordered to active duty
under section 12301(a), 12301(g), 12302, 12304, or 12306 of
title 10, United States Code, or any retired member of an
Armed Force ordered to active duty under section 688 of such
title, for service in connection with a war or other military
operation or national emergency, regardless of the location
at which such active duty service is performed; and
``(B) any other member of an Armed Force on active duty in
connection with such war, operation, or emergency or
subsequent actions or conditions who has been assigned to a
duty station at a location other than the location at which
such member is normally assigned.
``(6) Qualifying national guard duty.--The term `qualifying
National Guard duty during a war or other military operation
or national emergency' means service as a member of the
National Guard on full-time National Guard duty (as defined
in section 101(d)(5) of title 10, United States Code) under a
call to active service authorized by the President or the
Secretary of Defense for a period of more than 30 consecutive
days under section 502(f) of title 32, United States Code, in
connection with a war, another military operation, or a
national emergency declared by the President and supported by
Federal funds.''.
(b) Obligation as Part of Program Participation
Requirements.--Section 487(a)(22) of the Higher Education Act
of 1965 (20 U.S.C. 1094(a)(22)) is amended by inserting ``and
with the policy on leave of absence for military service
established pursuant to section 484C'' after ``section
484B''.
______
SA 745. Mr. LIEBERMAN submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of subtitle D of title II, add the following:
SEC. 235. DEPARTMENT OF DEFENSE STRATEGY FOR MANAGEMENT OF
ELECTROMAGNETIC SPECTRUM.
(a) In General.--The Secretary of Defense shall--
(1) in accordance with subsection (c), develop a strategy
for the Department of Defense for the management of the
electromagnetic spectrum to improve bandwidth; and
(2) in accordance with subsection (d), coordinate with
civilian departments and agencies of the Federal Government
in the development of a national strategy for the management
of the electromagnetic spectrum for high-bandwidth wireless
communications.
(b) Purpose of Activities.--The purpose of activities
required by subsection (a) is to assist in the coordinated
development of a national strategy for the management of the
electromagnetic spectrum for high-bandwidth wireless
communications.
(c) Department of Defense Strategy for Spectrum
Management.--(1) Not later than September 1, 2004, the
Assistant Secretary shall develop a strategy for the
Department of Defense for the management of the
electromagnetic spectrum in order to ensure the development
and use of spectrum-efficient technologies to facilitate the
availability of adequate spectrum for both network-centric
warfare and civilian needs. The strategy shall include
specific timelines, metrics, plans for implementation, and
proposals for program funding.
(2) In developing the strategy, the Assistant Secretary
shall consider and take into account in the strategy the
results of the research and development program carried out
under section 234.
(3) The Assistant Secretary shall assist in updating the
strategy developed under paragraph (1) on a yearly basis to
address changes in circumstances.
(d) National Strategy for Spectrum Management.--The
Assistant Secretary shall coordinate with other departments
and agencies of the Federal Government in the development of
a national strategy described in subsection (a)(2) through an
interagency policy coordinating committee which shall be
composed of senior representatives of the military
departments, the Federal Communication Commission, the
National Telecommunication and Information Administration,
the Department of Homeland Security, the Federal Aviation
Administration, and other appropriate departments and
agencies of the Federal Government.
(e) Assistant Secretary Defined.--In this section, the term
``Assistant Secretary'' means the Assistant Secretary of
Defense for Command, Control, Communications, and
Intelligence.
______
SA 746. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 17, strike line 11 and insert the following:
SEC. 111. CH-47 HELICOPTER PROGRAM.
(a) Requirement for Study.--The Secretary of the Army shall
study the feasibility and the costs and benefits of providing
for the participation of a second source in the production of
gears for the helicopter transmissions incorporated into CH-
47 helicopters being procured by the Army.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report on
the results of the study to Congress.
______
SA 747. Mr. WYDEN (for himself, Ms. Collins, Mrs. Clinton, Mr. Byrd,
Mr. Lautenberg, and Mr. Harkin) submitted an amendment intended to be
proposed by him to the bill S. 1050, to authorize appropriations for
fiscal year 2004 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 Forces, and for other purposes; which was ordered to lie on
the table; as follows:
On page 273, between lines 20 and 21, insert the following:
(d) Reporting Requirement Relating to Noncompetitive
Contracting for the Reconstruction of Infrastructure of
Iraq.--(1) If a contract for the maintenance, rehabilitation,
construction, or repair of infrastructure in Iraq is entered
into under the oversight and direction of the Secretary of
Defense or the Office of Reconstruction and Humanitarian
Assistance in the Office of the Secretary of Defense without
full and open competition, the Secretary shall publish in the
Federal Register or Commerce Business Daily and otherwise
make available to the public, not later than 30 days after
the date on which the contract is entered into, the following
information:
(i) The amount of the contract.
(ii) A brief description of the scope of the contract.
(iii) A discussion of how the executive agency identified,
and solicited offers from, potential contractors to perform
the contract, together with a list of the potential
contractors that were issued solicitations for the offers.
(iv) The justification and approval documents on which was
based the determination to use procedures other than
procedures that provide for full and open competition.
(B) Subparagraph (A) does not apply to a contract entered
into one year after the date of enactment of this act.
(2)(A) The head of an executive agency may--
(i) withhold from publication and disclosure under
paragraph (1) any document that is classified for restricted
access in accordance with an Executive order in the interest
of national defense or foreign policy; and
(ii) redact any part so classified that is in a document
not so classified before publication and disclosure of the
document under paragraph (1).
(B) In any case in which the head of an executive agency
withholds information under subparagraph (A), the head of
such executive agency shall make available an unredacted
version of the document containing that information to the
chairman and ranking member of each of the following
committees of Congress:
(i) The Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives.
(ii) The Committees on Appropriations of the Senate and the
House of Representatives.
(iii) Each committee that the head of the executive agency
determines has legislative jurisdiction for the operations of
such department or agency to which the information relates.
(3) This subsection shall apply to contracts entered into
on or after October 1, 2002, except that, in the case of a
contract entered into before the date of the enactment of
this Act, paragraph (1) shall be applied as if the contract
had been entered into on the date of the enactment of this
Act.
(4) Nothing in this subsection shall be construed as
affecting obligations to disclose
[[Page S6731]]
United States Government information under any other
provision of law.
(5) In this subsection, the terms ``executive agency'' and
``full and open competition'' have the meanings given such
terms in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403).
______
SA 748. Mr. DOMENICI (for himself, Mr. Nelson of Florida, Mr.
Bingaman, Mrs. Hutchison, Mr. Cornyn, and Mrs. Feinstein) submitted an
amendment intended to be proposed by him to the bill S. 1050, to
authorize appropriations for fiscal year 2004 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 Forces, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1039. PROHIBITION ON TERMINATION OF BORDER AND SEAPORT
INSPECTION COUNTER-DRUG DUTIES OF THE NATIONAL
GUARD.
The Secretary of Defense may not terminate border
inspection duties or seaport inspection duties as part of the
drug interdiction and counter-drug mission of the National
Guard, including support for the cargo inspection activities
of the Department of Homeland Security pursuant to that
mission.
______
SA 749. Mr. McCAIN submitted an amendment intended to be proposed by
her to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
On page 310, between lines 9 and 10, insert the following:
(D) A discussion of NATO decisionmaking on the
implementation of the Prague Capabilities Commitment and the
development of the NATO Response Force, including--
(i) an assessment whether the Prague Capabilities
Commitment and the NATO Response Force are the sole
jurisdiction of the Defense Planning Committee, the North
Atlantic Council, or the Military Committee;
(ii) a description of the circumstances which led to the
defense, military, security, and nuclear decisions of NATO on
matters such as the Prague Capabilities Commitment and the
NATO Response Force being made in bodies other than the
Defense Planning Committee;
(iii) a description of the extent to which France
contributes to each of the component committees of NATO,
including any and all committees relevant to the Prague
Capabilities Commitment and the NATO Response Force;
(iv) a description of the extent to which France
participates in deliberations and decisions of NATO on
resource policy, contribution ceilings, infrastructure, force
structure, modernization, threat assessments, training,
exercises, deployments, and other issues related to the
Prague Capabilities Commitment or the NATO Response Force;
(v) a description of the extent to which France
participates in meetings of the Defense Planning Committee as
an observer, including the justification for such
participation, if any, and an assessment whether such
participation is in the interest of NATO in implementing the
Prague Capabilities Commitment or developing the NATO
Response Force;
(vi) a description and assessment of the impediments, if
any, that would preclude or limit NATO from conducting
deliberations and making decisions on matters such as the
Prague Capabilities Commitment or the NATO Response Force
solely in the Defense Planning Committee; and
(vii) the recommendations of the Secretary of Defense on
streamlining defense, military, and security decisionmaking
within NATO relating to the Prague Capabilities Commitment,
and NATO Response Force, and other matters, including an
assessment of the feasibility and advisability of the greater
utilization of the Defense Planning Committee for such
purposes.
______
SA 750. Mr. DORGAN submitted an amendment intended to be proposed by
her to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, 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. 3135. PROHIBITION ON USE OF FUNDS FOR NUCLEAR EARTH
PENETRATOR WEAPON.
(a) In General.--Effective as of the date of the
enactment of this Act, no funds authorized to be appropriated
or otherwise made available for the Department of Energy by
this Act or any other Act may be obligated or expended for
development, testing, or engineering on a nuclear earth
penetrator weapon.
(b) Prohibition on Use of Fiscal Year 2004 Funds for
Feasibility Study.--No funds authorized to be appropriated or
otherwise made available for the Department of Energy for
fiscal year 2004 by this Act or any other Act may be
obligated or expended for a feasibility study on a nuclear
earth penetrator weapon.
______
SA 751. Mr. REED (for himself, Mr. Levin, and Mr. Feingold) proposed
an amendment to the bill S. 1050, to authorize appropriations for
fiscal year 2004 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 Forces, and for other purposes; as follows:
Strike section 3131 and insert the following new section:
SEC. 3131. MODIFICATION OF SCOPE OF PROHIBITION ON RESEARCH
AND DEVELOPMENT OF LOW-YIELD NUCLEAR WEAPONS.
(a) Modification.--Section 3136 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1946; 42 U.S.C. 2121 note) is amended by striking
``research and development'' each place it appears and
inserting ``development engineering''.
(b) Conforming Amendments.--(1) The caption for
subsection (c) of that section is amended by striking
``Research and Development'' and inserting ``Development
Engineering''.
(2) The heading for that section is amended by striking
``RESEARCH AND DEVELOPMENT'' and inserting ``DEVELOPMENT
ENGINEERING''.
______
SA 752. Mr. WARNER proposed an amendment to amendment SA 751 proposed
by Mr. Reed (for himself, Mr. Levin, and Mr. Feingold) to the bill S.
1050, to authorize appropriations for fiscal year 2004 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 Forces, and for
other purposes; which was ordered to lie on the table; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT
OF LOW-YIELD NUCLEAR WEAPONS.
(a) Repeal.--Section 3136 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1946; 42 U.S.C. 2121 note) is repealed.
(b) Construction.--Nothing in the repeal made by subsection
(a) shall be construed as authorizing the testing,
acquisition, or deployment of a low-yield nuclear weapon.
(c) Limitation.--The Secretary of Energy may not commence
the engineering development phase, or any subsequent phase,
of a low-yield nuclear weapon unless specifically authorized
by Congress.
______
SA 753. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill S. 1050, to authorize appropriations for
fiscal year 2004 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 Forces, and for other purposes; which was ordered to lie on
the table; as follows:
On page 291, between lines 14 and 15, insert the
following new section:
SEC. 1039. REWARD FOR INFORMATION LEADING TO THE RESOLUTION
OF THE FATE OF AN AMERICAN POW/MIA OF THE FIRST
GULF WAR.
(a) Reward Authorized.--The Secretary of Defense is
authorized to pay a gratuity or gratuities to an individual
or individuals determined by the Secretary to have assisted
in determining the whereabouts or status of an American POW/
MIA of the First Persian Gulf War.
(b) Aggregate Amount of Rewards.--The total amount of
gratuities paid by the Secretary under subsection (a) may not
exceed $1,000,000.
(c) Limitation on Eligibility.--The Secretary may not pay
a gratuity under subsection (a) to a terrorist, a persecutor,
a person who has been convicted of a serious criminal
offense, a person who presents a danger to the security of
the United States, as set forth in clauses (i) through (v) of
section 208(b)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1158(b)(2)(A)), or a person suspected of having
mistreated or harmed an American POW/MIA of the First Persian
Gulf War.
(d) Definitions.--In this section:
(1) American pow/mia of the first persian gulf war.--
(A) In general.--Except as provided in subparagraph (B),
the term ``American POW/
[[Page S6732]]
MIA of the First Persian Gulf War'' means an individual--
(i) who is a member of a uniformed service (within the
meaning of section 101(3) of title 37, United States Code) in
a missing status (as defined in section 551(2) of such title
and this subsection) as a result of Operation Desert Shield/
Desert Storm; or
(ii) who is an employee (as defined in section 5561(2) of
title 5, United States Code) in a missing status (as defined
in section 5561(5) of such title) as a result of Operation
Desert Shield/Desert Storm.
(B) Exclusion.--Such term does not include an individual
with respect to whom it is officially determined under
section 552(c) of title 37, United States Code, that such
individual is officially absent from such individual's post
of duty without authority.
(2) Missing status.--The term ``missing status'', with
respect to Operation Desert Shield/Desert Storm means the
status of an individual as a result of Operation Desert
Shield/Desert Storm if immediately before that status began
the individual--
(A) was performing service in Kuwait, Iraq, or another
nation of the greater Middle East region; or
(B) was performing service in the greater Middle East
region in direct support of military operations in Kuwait or
Iraq.
(e) Authorization of Appropriations.--Of the amount
authorized to be appropriated by section 301(c)(5) for
operations and maintenance for Defense-wide activities,
$1,000,000 may be made available to the Secretary to carry
out this section.
______
SA 754. Mr. BUNNING submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
In subtitle E of title I, add after the subtitle heading
the following:
SEC. 141. CHEMICAL AGENT MONITORING SYSTEM AT BLUEGRASS ARMY
DEPOT, KENTUCKY.
(a) In General.--Of the amount authorized to be
appropriated by section 106 for chemical agents and munitions
destruction, Defense, $1,000,000 shall be available to the
Secretary of the Army for the deployment of a chemical agent
monitoring system at Bluegrass Army Depot, Kentucky, to
supplement the current chemical agent monitoring and
detection systems at the Depot for the chemical
demilitarization program at the Deport.
(b) Purpose.--The purpose of the deployment of the
chemical agent monitoring system referred to in subsection
(a) is to achieve the broadest possible protection of the
public and personnel involved in the chemical
demilitarization program at Bluegrass Army Depot and of the
environment in the vicinity of the Depot.
(c) System Elements.--(1) The chemical agent monitoring
system deployed under subsection (a) shall be the most
efficient and advanced chemical agent monitoring system
available, combining elements of the systems as follows:
(A) Open-Path Fourier Transform Infrared Spectrometer
perimeter monitoring systems.
(B) Continuous Agent Stack Monitoring Systems.
(C) Multi-Metals Continuous Emissions Monitoring Systems
(2) The chemical agent monitoring system may employ
elements of systems other than systems referred to in
paragraph (1) if the Secretary determines that the employment
of such elements provides monitoring and detection of
chemical agents equivalent to the monitoring and detection of
chemical agents provided by the systems referred to in that
paragraph.
(d) Deadline for Deployment.--(1) Except as provided in
paragraph (2), the Secretary shall complete the deployment of
the chemical agent monitoring system referred to in
subsection (a) not later than 90 days after the date of the
enactment of this Act.
(2) If the Secretary has not completed the deployment of
the chemical agent monitoring system as of the date required
by paragraph (1), the Secretary shall submit to Congress a
report setting forth--
(A) an explanation why the chemical agent monitoring
system has not been completely deployed as of that date;
(B) the actions proposed to be taken by the Secretary to
complete the deployment of the chemical agent monitoring
system; and
(C) a schedule for the actions referred to in
subparagraph (B), including the anticipated date of the
completion of the deployment of the chemical agent monitoring
system.
______
SA 755. Mr. VOINOVICH submitted an amendment intended to be proposed
by him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. NASA WORKFORCE AUTHORITIES AND PERSONNEL PROVISIONS.
(a) In General.--Subpart I of part III of title 5, United
States Code, is amended by inserting after chapter 97, as
added by section 841(a)(2) of the Homeland Security Act of
2002 (Public Law 107-296; 116 Stat. 2229), the following:
``CHAPTER 98--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
``SUBCHAPTER I--WORKFORCE AUTHORITIES
``Sec.
``9801. Definitions.
``9802. Planning, notification, and reporting requirements.
``9803. Workforce authorities.
``9804. Recruitment, redesignation, and relocation bonuses.
``9805. Retention bonuses.
``9806. Term appointments.
``9807. Pay authority for critical positions.
``9808. Assignments of intergovernmental personnel.
``9809. Enhanced demonstration project authority.
``SUBCHAPTER II--PERSONNEL PROVISIONS
``9831. Definitions.
``9832. NASA-Industry exchange program.
``9833. Science and technology scholarship program.
``9834. Distinguished scholar appointment authority.
``9835. Travel and transportation expenses of certain new appointees.
``9836. Annual leave enhancements.
``9837. Limited appointments to Senior Executive Service positions.
``9838. Superior qualifications pay.
``SUBCHAPTER I--WORKFORCE AUTHORITIES
``Sec. 9801. Definitions
``For purposes of this subchapter--
``(1) the term `Administration' means the National
Aeronautics and Space Administration;
``(2) the term `Administrator' means the Administrator of
the National Aeronautics and Space Administration;
``(3) the term `critical need' means a specific and
important requirement of the Administration's mission that
the Administration is unable to fulfill because the
Administration lacks the appropriate employees because--
``(A) of the inability to fill positions; or
``(B) employees do not possess the requisite skills;
``(4) the term `employee' means an individual employed in
or under the Administration;
``(5) the term `workforce plan' means the plan required
under section 9802(a);
``(6) the term `appropriate committees of Congress' means--
``(A) the Committees on Government Reform, Science, and
Appropriations of the House of Representatives; and
``(B) the Committees on Governmental Affairs, Commerce,
Science, and Transportation, and Appropriations of the
Senate; and
``(7) the term `redesignation bonus' means a bonus under
section 9804 paid to an individual described in subsection
(a)(2) thereof.
``Sec. 9802. Planning, notification, and reporting
requirements
``(a) Not later than 90 days before exercising any of the
workforce authorities under this subchapter, the
Administrator shall submit a written plan to the appropriate
committees of Congress. A plan under this subchapter may not
be implemented without the approval of the Office of
Personnel Management.
``(b) A workforce plan shall include a description of--
``(1) each critical need of the Administration and the
criteria used in the identification of that need;
``(2)(A) the functions, approximate number, and classes or
other categories of positions or employees that--
``(i) address critical needs; and
``(ii) would be eligible for each authority proposed to be
exercised under section 9803; and
``(B) how the exercise of those authorities with respect to
the eligible positions or employees involved would address
each critical need identified under paragraph (1);
``(3)(A) any critical need identified under paragraph (1)
which would not be addressed by the authorities made
available under this subchapter; and
``(B) the reasons why those needs would not be so
addressed;
``(4) the specific criteria to be used in determining which
individuals may receive the benefits described under sections
9804, 9805 (including the criteria for granting bonuses in
the absence of a critical need), and 9810, and how the level
of those benefits will be determined;
``(5) the safeguards or other measures that will be applied
to ensure that this subchapter is carried out in a manner
consistent with merit system principles;
``(6) the means by which employees will be afforded the
notification required under subsections (c) and (d)(1)(B);
``(7) the methods that will be used to determine if the
authorities exercised under this subchapter have successfully
addressed each critical need identified under paragraph (1);
and
[[Page S6733]]
``(8)(A) the recruitment methods used by the Administration
before the enactment of this chapter to recruit highly
qualified individuals; and
``(B) the changes the Administration will implement after
the enactment of this chapter in order to improve its
recruitment of highly qualified individuals, including how it
intends to use--
``(i) nongovernmental recruitment or placement agencies;
and
``(ii) Internet technologies.
``(c) Not later than 60 days before first exercising any of
the workforce authorities made available under this
subchapter, the Administrator shall provide to all employees
the workforce plan and any additional information which the
Administrator considers appropriate.
``(d)(1)(A) The Administrator may submit any modifications
to the workforce plan to the Office of Personnel Management.
Modifications to the workforce plan may not be implemented
without the approval of the Office of Personnel Management.
``(B) Not later than 60 days before implementing any such
modifications, the Administrator shall provide an
appropriately modified plan to all employees of the
Administration and to the appropriate committees of Congress.
``(2) Any reference in this subchapter or any other
provision of law to the workforce plan shall be considered to
include any modification made in accordance with this
subsection.
``(e) Before submitting any written plan under subsection
(a) (or modification under subsection (d)) to the Office of
Personnel Management, the Administrator shall--
``(1) provide to each employee representative representing
any employees who might be affected by such plan (or
modification) a copy of the proposed plan (or modification);
``(2) give each representative 30 calendar days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposed plan
(or modification); and
``(3) give any recommendations received from any such
representatives under paragraph (2) full and fair
consideration in deciding whether or how to proceed with
respect to the proposed plan (or modification).
``(f) None of the workforce authorities made available
under this subchapter may be exercised in a manner
inconsistent with the workforce plan.
``(g) Whenever the Administration submits its performance
plan under section 1115 of title 31 to the Office of
Management and Budget for any year, the Administration shall
at the same time submit a copy of such plan to the
appropriate committees of Congress.
``(h) Not later than 6 years after date of enactment of
this subchapter, the Administrator shall submit to the
appropriate committees of Congress an evaluation and analysis
of the actions taken by the Administration under this
subchapter, including--
``(1) an evaluation, using the methods described in
subsection (b)(7), of whether the authorities exercised under
this subchapter successfully addressed each critical need
identified under subsection (b)(1);
``(2) to the extent that they did not, an explanation of
the reasons why any critical need (apart from the ones under
subsection (b)(3)) was not successfully addressed; and
``(3) recommendations for how the Administration could
address any remaining critical need and could prevent those
that have been addressed from recurring.
``Sec. 9803. Workforce authorities
``(a) The workforce authorities under this subchapter are
the following:
``(1) The authority to pay recruitment, redesignation, and
relocation bonuses under section 9804.
``(2) The authority to pay retention bonuses under section
9805.
``(3) The authority to make term appointments and to take
related personnel actions under section 9806.
``(4) The authority to fix rates of basic pay for critical
positions under section 9807.
``(5) The authority to extend intergovernmental personnel
act assignments under section 9808.
``(6) The authority to apply subchapter II of chapter 35 in
accordance with section 9810.
``(b) No authority under this subchapter may be exercised
with respect to any officer who is appointed by the
President, by and with the advice and consent of the Senate.
``(c) Unless specifically stated otherwise, all authorities
provided under this subchapter are subject to section 5307.
``Sec. 9804. Recruitment, redesignation, and relocation
bonuses
``(a) Notwithstanding section 5753, the Administrator may
pay a bonus to an individual, in accordance with the
workforce plan and subject to the limitations in this
section, if--
``(1) the Administrator determines that the Administration
would be likely, in the absence of a bonus, to encounter
difficulty in filling a position; and
``(2) the individual--
``(A) is newly appointed as an employee of the Federal
Government;
``(B) is currently employed by the Federal Government and
is newly appointed to another position in the same geographic
area; or
``(C) is currently employed by the Federal Government and
is required to relocate to a different geographic area to
accept a position with the Administration.
``(b) If the position is described as addressing a critical
need in the workforce plan under section 9802(b)(2)(A), the
amount of a bonus may not exceed--
``(1) 50 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304 and
5304a) as of the beginning of the service period multiplied
by the service period specified under subsection
(d)(1)(B)(i); or
``(2) 100 percent of the employee's annual rate of basic
pay (including comparability payments under sections 5304 and
5304a) as of the beginning of the service period.
``(c) If the position is not described as addressing a
critical need in the workforce plan under section
9802(b)(2)(A), the amount of a bonus may not exceed--
``(1) 25 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304 and
5304a) as of the beginning of the service period multiplied
by the service period specified under subsection
(d)(1)(B)(i); or
``(2) 100 percent of the employee's annual rate of basic
pay (including comparability payments under sections 5304 and
5304a) as of the beginning of the service period.
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the individual entering into a service
agreement with the Administration.
``(B) At a minimum, the service agreement shall include--
``(i) the required service period;
``(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments,
or a combination thereof;
``(iii) the amount of the bonus and the basis for
calculating that amount; and
``(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(2) For purposes of determinations under subsections
(b)(1) and (c)(1), the employee's service period shall be
expressed as the number equal to the full years and twelfth
parts thereof, rounding the fractional part of a month to the
nearest twelfth part of a year. The service period may not be
less than 6 months and may not exceed 4 years.
``(3) A bonus under this section may not be considered to
be part of the basic pay of an employee.
``(e) Before paying a bonus under this section, the
Administration shall establish a plan for paying recruitment,
redesignation, and relocation bonuses, subject to approval by
the Office of Personnel Management.
``Sec. 9805. Retention bonuses
``(a) Notwithstanding section 5754, the Administrator may
pay a bonus to an employee, in accordance with the workforce
plan and subject to the limitations in this section, if the
Administrator determines that--
``(1) the unusually high or unique qualifications of the
employee or a special need of the Administration for the
employee's services makes it essential to retain the
employee; and
``(2) the employee would be likely to leave in the absence
of a retention bonus.
``(b) If the position is described as addressing a critical
need in the workforce plan under section 9802(b)(2)(A), the
amount of a bonus may not exceed 50 percent of the employee's
annual rate of basic pay (including comparability payments
under sections 5304 and 5304a).
``(c) If the position is not described as addressing a
critical need in the workforce plan under section
9802(b)(2)(A), the amount of a bonus may not exceed 25
percent of the employee's annual rate of basic pay (including
comparability payments under sections 5304 and 5304a).
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the employee entering into a service
agreement with the Administration.
``(B) At a minimum, the service agreement shall include--
``(i) the required service period;
``(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments,
or a combination thereof;
``(iii) the amount of the bonus and the basis for
calculating the amount; and
``(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(2) The employee's service period shall be expressed as
the number equal to the full years and twelfth parts thereof,
rounding the fractional part of a month to the nearest
twelfth part of a year. The service period may not be less
than 6 months and may not exceed 4 years.
``(3) Notwithstanding paragraph (1), a service agreement is
not required if the Administration pays a bonus in biweekly
installments and sets the installment payment at the full
bonus percentage rate established for the employee, with no
portion of the bonus deferred. In this case, the
Administration shall inform the employee in writing of any
decision to change the retention bonus payments. The employee
shall continue to accrue entitlement to the retention bonus
through the end of the pay period in which such written
notice is provided.
``(e) A bonus under this section may not be considered to
be part of the basic pay of an employee.
``(f) An employee is not entitled to a retention bonus
under this section during a service period previously
established for that
[[Page S6734]]
employee under section 5753 or under section 9804.
``Sec. 9806. Term appointments
``(a) The Administrator may authorize term appointments
within the Administration under subchapter I of chapter 33,
for a period of not less than 1 year and not more than 6
years.
``(b) Notwithstanding chapter 33 or any other provision of
law relating to the examination, certification, and
appointment of individuals in the competitive service, the
Administrator may convert an employee serving under a term
appointment to a permanent appointment in the competitive
service within the Administration without further competition
if--
``(1) such individual was appointed under open, competitive
examination under subchapter I of chapter 33 to the term
position;
``(2) the announcement for the term appointment from which
the conversion is made stated that there was potential for
subsequent conversion to a career-conditional or career
appointment;
``(3) the employee has completed at least 2 years of
current continuous service under a term appointment in the
competitive service;
``(4) the employee's performance under such term
appointment was at least fully successful or equivalent; and
``(5) the position to which such employee is being
converted under this section is in the same occupational
series, is in the same geographic location, and provides no
greater promotion potential than the term position for which
the competitive examination was conducted.
``(c) Notwithstanding chapter 33 or any other provision of
law relating to the examination, certification, and
appointment of individuals in the competitive service, the
Administrator may convert an employee serving under a term
appointment to a permanent appointment in the competitive
service within the Administration through internal
competitive promotion procedures if the conditions under
paragraphs (1) through (4) of subsection (b) are met.
``(d) An employee converted under this section becomes a
career-conditional employee, unless the employee has
otherwise completed the service requirements for career
tenure.
``(e) An employee converted to career or career-conditional
employment under this section acquires competitive status
upon conversion.
``Sec. 9807. Pay authority for critical positions
``(a) In this section, the term `position' means--
``(1) a position to which chapter 51 applies, including a
position in the Senior Executive Service;
``(2) a position under the Executive Schedule under
sections 5312 through 5317;
``(3) a position established under section 3104; or
``(4) a senior-level position to which section 5376(a)(1)
applies.
``(b) Authority under this section--
``(1) may be exercised only with respect to a position
that--
``(A) is described as addressing a critical need in the
workforce plan under section 9802(b)(2)(A); and
``(B) requires expertise of an extremely high level in a
scientific, technical, professional, or administrative field;
``(2) may be exercised only to the extent necessary to
recruit or retain an individual exceptionally well qualified
for the position; and
``(3) may be exercised only in retaining employees of the
Administration or in appointing individuals who were not
employees of another Federal agency as defined under section
5102(a)(1).
``(c)(1) Notwithstanding section 5377, the Administrator
may fix the rate of basic pay for a position in the
Administration in accordance with this section. The
Administrator may not delegate this authority.
``(2) The number of positions with pay fixed under this
section may not exceed 10 at any time.
``(d)(1) The rate of basic pay fixed under this section may
not be less than the rate of basic pay (including any
comparability payments) which would otherwise be payable for
the position involved if this section had never been enacted.
``(2) The annual rate of basic pay fixed under this section
may not exceed the per annum rate of salary payable under
section 104 of title 3.
``(3) Notwithstanding any provision of section 5307, in the
case of an employee who, during any calendar year, is
receiving pay at a rate fixed under this section, no
allowance, differential, bonus, award, or similar cash
payment may be paid to such employee if, or to the extent
that, when added to basic pay paid or payable to such
employee (for service performed in such calendar year as an
employee in the executive branch or as an employee outside
the executive branch to whom chapter 51 applies), such
payment would cause the total to exceed the per annum rate of
salary which, as of the end of such calendar year, is payable
under section 104 of title 3.
``Sec. 9808. Assignments of intergovernmental personnel
``(a) For purposes of applying the third sentence of
section 3372(a) (relating to the authority of the head of a
Federal agency to extend the period of an employee's
assignment to or from a State or local government,
institution of higher education, or other organization), the
Administrator may, with the concurrence of the employee and
the government or organization concerned, take any action
which would be allowable if such sentence had been amended by
striking `two' and inserting `four'.
``(b) Any individual who is assigned to the Administration
under section 3372 may not directly manage Federal employees.
``Sec. 9809. Enhanced demonstration project authority
``When conducting a demonstration project at the
Administration, section 4703(d)(1)(A) may be applied by
substituting `such numbers of individuals as determined by
the Administrator' for `not more than 5,000 individuals'.
``SUBCHAPTER II--PERSONNEL PROVISIONS
``Sec. 9831. Definitions
``For purposes of this subchapter, the terms
`Administration' and `Administrator' have the meanings set
forth in section 9801.
``Sec. 9832. NASA-Industry exchange program
``(a) For purposes of this section, the term `detail'
means--
``(1) the assignment or loan of an employee of the
Administration to a private sector organization without a
change of position from the Administration, or
``(2) the assignment or loan of an employee of a private
sector organization to the Administration without a change of
position from the private sector organization that employs
the individual,
whichever is appropriate in the context in which such term is
used.
``(b)(1) On request from or with the agreement of a private
sector organization, and with the consent of the employee
concerned, the Administrator may arrange for the assignment
of an employee of the Administration to a private sector
organization or an employee of a private sector organization
to the Administration. An employee of the Administration
shall be eligible to participate in this program only if the
employee is employed at the GS-11 level or above (or
equivalent) and is serving under a career or career-
conditional appointment or an appointment of equivalent
tenure in the excepted service.
``(2) The Administrator shall provide for a written
agreement between the Administration and the employee
concerned regarding the terms and conditions of the
employee's assignment. The agreement shall--
``(A) require the employee to serve in the Administration,
upon completion of the assignment, for a period equal to the
length of the assignment; and
``(B) provide that, in the event the employee fails to
carry out the agreement (except for good and sufficient
reason, as determined by the Administrator), the employee
shall be liable to the United States for payment of all
expenses of the assignment.
An amount under subparagraph (B) shall be treated as a debt
due the United States.
``(3) Assignments may be terminated by the Administration
or the private sector organization concerned for any reason
at any time.
``(4) Assignments under this section shall be for a period
of between 6 months and 1 year, and may be extended in 3-
month increments for a total of not more than 1 additional
year, except that no assignment under this section may
commence after the end of the 5-year period beginning on the
date of the enactment of this section.
``(c)(1) An employee of the Administration who is assigned
to a private sector organization under this section is
deemed, during the period of the assignment, to be on detail
to a regular work assignment in the Administration.
``(2) Notwithstanding any other provision of law, an
employee of the Administration who is assigned to a private
sector organization under this section is entitled to retain
coverage, rights, and benefits under subchapter I of chapter
81, and employment during the assignment is deemed employment
by the United States, except that, if the employee or the
employee's dependents receive from the private sector
organization any payment under an insurance policy for which
the premium is wholly paid by the private sector
organization, or other benefit of any kind on account of the
same injury or death, then, the amount of such payment or
benefit shall be credited against any compensation otherwise
payable under subchapter I of chapter 81.
``(3) The assignment of an employee to a private sector
organization under this section may be made with or without
reimbursement by the private sector organization for the
travel and transportation expenses to or from the place of
assignment, subject to the same terms and conditions as apply
with respect to an employee of a Federal agency or a State or
local government under section 3375, and for the pay, or a
part thereof, of the employee during assignment. Any
reimbursements shall be credited to the appropriation of the
Administration used for paying the travel and transportation
expenses or pay.
``(4) The Federal Tort Claims Act (28 U.S.C. 2671 et seq.)
and any other Federal tort liability statute apply to an
employee of the Administration assigned to a private sector
organization under this section. The supervision of the
duties of an employee of the Administration who is so
assigned to a private sector organization may be governed by
an agreement between the Administration and the organization.
[[Page S6735]]
``(d)(1) An employee of a private sector organization
assigned to the Administration under this section is deemed,
during the period of the assignment, to be on detail to the
Administration.
``(2) An employee of a private sector organization assigned
to the Administration under this section--
``(A) may continue to receive pay and benefits from the
private sector organization from which he is assigned;
``(B) is deemed, notwithstanding paragraph (1), to be an
employee of the Administration for the purposes of--
``(i) chapter 73;
``(ii) sections 201, 203, 205, 207, 208, 209, 603, 606,
607, 643, 654, 1905, and 1913 of title 18;
``(iii) sections 1343, 1344, and 1349(b) of title 31;
``(iv) the Federal Tort Claims Act (28 U.S.C. 2671 et seq.)
and any other Federal tort liability statute;
``(v) the Ethics in Government Act of 1978 (5 U.S.C. 101 et
seq.); and
``(vi) section 1043 of the Internal Revenue Code of 1986;
``(C) may not have access to any trade secrets or to any
other nonpublic information which is of commercial value to
the private sector organization from which he is assigned;
and
``(D) is subject to such regulations as the President may
prescribe.
The supervision of an employee of a private sector
organization assigned to the Administration under this
section may be governed by agreement between the
Administration and the private sector organization concerned.
Such an assignment may be made with or without reimbursement
by the Administration for the pay, or a part thereof, of the
employee during the period of assignment, or for any
contribution of the private sector organization to employee
benefit systems.
``(3) An employee of a private sector organization assigned
to the Administration under this section who suffers
disability or dies as a result of personal injury sustained
while performing duties during the assignment shall be
treated, for the purpose of subchapter I of chapter 81, as an
employee as defined by section 8101 who had sustained the
injury in the performance of duty, except that, if the
employee or the employee's dependents receive from the
private sector organization any payment under an insurance
policy for which the premium is wholly paid by the private
sector organization, or other benefit of any kind on account
of the same injury or death, then, the amount of such payment
or benefit shall be credited against any compensation
otherwise payable under subchapter I of chapter 81.
``(4) A private sector organization may not charge the
Federal Government, as direct or indirect costs under a
Federal contract, the costs of pay or benefits paid by the
organization to an employee assigned to the Administration
under this section for the period of the assignment.
``(e)(1) The Administration shall, not later than February
28 of each year, prepare and submit to the appropriate
committees of Congress a report summarizing the operation of
this section during the preceding year.
``(2) Each report shall include, with respect to the period
to which such report relates--
``(A) the total number of individuals assigned to, and the
total number of individuals assigned from, the Administration
during such period;
``(B) a brief description of each assignment included under
subparagraph (A), including--
``(i) the name of the assigned individual, as well as the
private sector organization, to or from which such individual
was assigned;
``(ii) the respective positions to and from which the
individual was assigned, including the duties and
responsibilities and the pay grade or level associated with
each; and
``(iii) the duration and objectives of the individual's
assignment; and
``(C) such other information as the Administration
considers appropriate.
``(3) A copy of each report submitted under paragraph (1)--
``(A) shall be published in the Federal Register; and
``(B) shall be made publicly available on the Internet.
``(f) The Administrator, in consultation with the Director
of the Office of Personnel Management, shall prescribe
regulations for the administration of this section.
``(g) Not later than 4 years after the date of the
enactment of this section, the General Accounting Office
shall prepare and submit to the appropriate committees of
Congress a report on the operation of this section. Such
report shall include--
``(1) an evaluation of the effectiveness of the program
established by this section; and
``(2) a recommendation as to whether such program should be
continued (with or without modification) or allowed to lapse.
``Sec. 9833. Science and technology scholarship program
``(a)(1) The Administrator shall establish a National
Aeronautics and Space Administration Science and Technology
Scholarship Program to award scholarships to individuals that
is designed to recruit and prepare students for careers in
the Administration.
``(2) Individuals shall be selected to receive scholarships
under this section through a competitive process primarily on
the basis of academic merit, with consideration given to
financial need and the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act.
``(3) To carry out the Program the Administrator shall
enter into contractual agreements with individuals selected
under paragraph (2) under which the individuals agree to
serve as full-time employees of the Administration, for the
period described in subsection (f)(1), in positions needed by
the Administration and for which the individuals are
qualified, in exchange for receiving a scholarship.
``(b) In order to be eligible to participate in the
Program, an individual must--
``(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education in an academic
field or discipline described in the list made available
under subsection (d);
``(2) be a United States citizen; and
``(3) at the time of the initial scholarship award, not be
an employee (as defined in section 2105).
``(c) An individual seeking a scholarship under this
section shall submit an application to the Administrator at
such time, in such manner, and containing such information,
agreements, or assurances as the Administrator may require.
``(d) The Administrator shall make publicly available a
list of academic programs and fields of study for which
scholarships under the Program may be utilized and shall
update the list as necessary.
``(e)(1) The Administrator may provide a scholarship under
the Program for an academic year if the individual applying
for the scholarship has submitted to the Administrator, as
part of the application required under subsection (c), a
proposed academic program leading to a degree in a program or
field of study on the list made available under subsection
(d).
``(2) An individual may not receive a scholarship under
this section for more than 4 academic years, unless the
Administrator grants a waiver.
``(3) The dollar amount of a scholarship under this section
for an academic year shall be determined under regulations
issued by the Administrator, but shall in no case exceed the
cost of attendance.
``(4) A scholarship provided under this section may be
expended for tuition, fees, and other authorized expenses as
established by the Administrator by regulation.
``(5) The Administrator may enter into a contractual
agreement with an institution of higher education under which
the amounts provided for a scholarship under this section for
tuition, fees, and other authorized expenses are paid
directly to the institution with respect to which the
scholarship is provided.
``(f)(1) The period of service for which an individual
shall be obligated to serve as an employee of the
Administration is, except as provided in subsection (h)(2),
24 months for each academic year for which a scholarship
under this section is provided.
``(2)(A) Except as provided in subparagraph (B), obligated
service under paragraph (1) shall begin not later than 60
days after the individual obtains the educational degree for
which the scholarship was provided.
``(B) The Administrator may defer the obligation of an
individual to provide a period of service under paragraph (1)
if the Administrator determines that such a deferral is
appropriate. The Administrator shall prescribe the terms and
conditions under which a service obligation may be deferred
through regulation.
``(g)(1) Scholarship recipients who fail to maintain a high
level of academic standing, as defined by the Administrator
by regulation, who are dismissed from their educational
institutions for disciplinary reasons, or who voluntarily
terminate academic training before graduation from the
educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in
lieu of any service obligation arising under such agreement,
shall be liable to the United States for repayment within 1
year after the date of default of all scholarship funds paid
to them and to the institution of higher education on their
behalf under the agreement, except as provided in subsection
(h)(2). The repayment period may be extended by the
Administrator when determined to be necessary, as established
by regulation.
``(2) Scholarship recipients who, for any reason, fail to
begin or complete their service obligation after completion
of academic training, or fail to comply with the terms and
conditions of deferment established by the Administrator
pursuant to subsection (f)(2)(B), shall be in breach of their
contractual agreement. When recipients breach their
agreements for the reasons stated in the preceding sentence,
the recipient shall be liable to the United States for an
amount equal to--
``(A) the total amount of scholarships received by such
individual under this section; plus
``(B) the interest on the amounts of such awards which
would be payable if at the time the awards were received they
were loans bearing interest at the maximum legal prevailing
rate, as determined by the Treasurer of the United States,
multiplied by 3.
``(h)(1) Any obligation of an individual incurred under the
Program (or a contractual agreement thereunder) for service
or payment shall be canceled upon the death of the
individual.
``(2) The Administrator shall by regulation provide for the
partial or total waiver or suspension of any obligation of
service or payment incurred by an individual under the
[[Page S6736]]
Program (or a contractual agreement thereunder) whenever
compliance by the individual is impossible or would involve
extreme hardship to the individual, or if enforcement of such
obligation with respect to the individual would be contrary
to the best interests of the Government.
``(i) For purposes of this section--
``(1) the term `cost of attendance' has the meaning given
that term in section 472 of the Higher Education Act of 1965;
``(2) the term `institution of higher education' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965; and
``(3) the term `Program' means the National Aeronautics and
Space Administration Science and Technology Scholarship
Program established under this section.
``(j)(1) There is authorized to be appropriated to the
Administration for the Program $10,000,000 for each fiscal
year.
``(2) Amounts appropriated under this section shall remain
available for 2 fiscal years.
``Sec. 9834. Distinguished scholar appointment authority
``(a) In this section--
``(1) the term `professional position' means a position
that is classified to an occupational series identified by
the Office of Personnel Management as a position that--
``(A) requires education and training in the principles,
concepts, and theories of the occupation that typically can
be gained only through completion of a specified curriculum
at a recognized college or university; and
``(B) is covered by the Group Coverage Qualification
Standard for Professional and Scientific Positions; and
``(2) the term `research position' means a position in a
professional series that primarily involves scientific
inquiry or investigation, or research-type exploratory
development of a creative or scientific nature, where the
knowledge required to perform the work successfully is
acquired typically and primarily through graduate study.
``(b) The Administration may appoint, without regard to the
provisions of sections 3304(b) and 3309 through 3318,
candidates directly to General Schedule professional
positions in the Administration for which public notice has
been given, if--
``(1) with respect to a position at the GS-7 level, the
individual--
``(A) received, from an accredited institution authorized
to grant baccalaureate degrees, a baccalaureate degree in a
field of study for which possession of that degree in
conjunction with academic achievements meets the
qualification standards as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.0 or
higher on a 4.0 scale and a grade point average of 3.5 or
higher for courses in the field of study required to qualify
for the position;
``(2) with respect to a position at the GS-9 level, the
individual--
``(A) received, from an accredited institution authorized
to grant graduate degrees, a graduate degree in a field of
study for which possession of that degree meets the
qualification standards at this grade level as prescribed by
the Office of Personnel Management for the position to which
the individual is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position;
``(3) with respect to a position at the GS-11 level, the
individual--
``(A) received, from an accredited institution authorized
to grant graduate degrees, a graduate degree in a field of
study for which possession of that degree meets the
qualification standards at this grade level as prescribed by
the Office of Personnel Management for the position to which
the individual is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position; or
``(4) with respect to a research position at the GS-12
level, the individual--
``(A) received, from an accredited institution authorized
to grant graduate degrees, a graduate degree in a field of
study for which possession of that degree meets the
qualification standards at this grade level as prescribed by
the Office of Personnel Management for the position to which
the individual is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position.
``(c) Veterans' preference procedures shall apply when
selecting candidates under this section. Preference eligibles
who meet the criteria for distinguished scholar appointments
shall be considered ahead of nonpreference eligibles.
``(d) An appointment made under this authority shall be a
career-conditional appointment in the competitive civil
service.
``Sec. 9835. Travel and transportation expenses of certain
new appointees
``(a) In this section, the term `new appointee' means--
``(1) a person newly appointed or reinstated to Federal
service to the Administration to--
``(A) a career or career-conditional appointment;
``(B) a term appointment;
``(C) an excepted service appointment that provides for
noncompetitive conversion to a career or career-conditional
appointment;
``(D) a career or limited term Senior Executive Service
appointment;
``(E) an appointment made under section 203(c)(2)(A) of the
National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(2)(A));
``(F) an appointment to a position established under
section 3104; or
``(G) an appointment to a position established under
section 5108; or
``(2) a student trainee who, upon completion of academic
work, is converted to an appointment in the Administration
that is identified in paragraph (1) in accordance with an
appropriate authority.
``(b) The Administrator may pay the travel, transportation,
and relocation expenses of a new appointee to the same
extent, in the same manner, and subject to the same
conditions as the payment of such expenses under sections
5724, 5724a, 5724b, and 5724c to an employee transferred in
the interests of the United States Government.
``(c) The Administrator shall submit to the appropriate
committees of Congress, not later than February 28 of each of
the next 10 years beginning after the date of enactment of
this subchapter--
``(1) the average payment for travel and transportation
expenses of certain new appointees provided under this
section during the preceding year; and
``(2) the highest payment for travel and transportation
expenses to an individual appointee provided under this
section during the preceding year.
``Sec. 9836. Annual leave enhancements
``(a)(1) In this section--
``(A) the term `newly appointed employee' means an
individual who is first appointed--
``(i) regardless of tenure, as an employee of the Federal
Government; or
``(ii) as an employee of the Federal Government following a
break in service of at least 90 days after that individual's
last period of Federal employment, other than--
``(I) employment under the Student Educational Employment
Program administered by the Office of Personnel Management;
``(II) employment as a law clerk trainee;
``(III) employment under a short-term temporary appointing
authority while a student during periods of vacation from the
educational institution at which the student is enrolled;
``(IV) employment under a provisional appointment if the
new appointment is permanent and immediately follows the
provisional appointment; or
``(V) employment under a temporary appointment that is
neither full-time nor the principal employment of the
individual;
``(B) the term `period of qualified non-Federal service'
means any period of service performed by an individual that--
``(i) was performed in a position the duties of which were
directly related to the duties of the position in the
Administration to which that individual will fill as a newly
appointed employee; and
``(ii) except for this section, would not otherwise be
service performed by an employee for purposes of section
6303; and
``(C) the term `directly related to the duties of the
position' means duties and responsibilities in the same line
of work which require similar qualifications.
``(b)(1) For purposes of section 6303, the Administrator
may deem a period of qualified non-Federal service performed
by a newly appointed employee to be a period of service of
equal length performed as an employee.
``(2) A period deemed by the Administrator under paragraph
(1) shall continue to apply to the employee during--
``(A) the period of Federal service in which the deeming is
made; and
``(B) any subsequent period of Federal service.
``(c)(1) Notwithstanding section 6303(a), the annual leave
accrual rate for an employee of the Administration in a
position paid under section 5376 or 5383, or for an employee
in an equivalent category whose rate of basic pay is greater
than the rate payable at GS-15, step 10, shall be 1 day for
each full biweekly pay period.
``(2) The accrual rate established under this paragraph
shall continue to apply to the employee during--
``(A) the period of Federal service in which such accrual
rate first applies; and
``(B) any subsequent period of Federal service.
``Sec. 9837. Limited appointments to Senior Executive Service
positions
``(a) In this section--
``(1) the term `career reserved position' means a position
in the Administration designated under section 3132(b) which
may be filled only by--
``(A) a career appointee; or
``(B) a limited emergency appointee or a limited term
appointee--
``(i) who, immediately before entering the career reserved
position, was serving under a career or career-conditional
appointment outside the Senior Executive Service; or
``(ii) whose limited emergency or limited term appointment
is approved in advance by the Office of Personnel Management;
``(2) the term `limited emergency appointee' has the
meaning given under section 3132; and
``(3) the term `limited term appointee' means an individual
appointed to a Senior Executive Service position in the
Administration to meet a bona fide temporary need, as
determined by the Administrator.
``(b) The number of career reserved positions which are
filled by an appointee as described under subsection
(a)(1)(B) may not
[[Page S6737]]
exceed 10 percent of the total number of Senior Executive
Service positions allocated to the Administration.
``(c) Notwithstanding sections 3132 and 3394(b)--
``(1) the Administrator may appoint an individual to any
Senior Executive Service position in the Administration as a
limited term appointee under this section for a period of--
``(A) 4 years or less to a position the duties of which
will expire at the end of such term; or
``(B) 1 year or less to a position the duties of which are
continuing; and
``(2) in rare circumstances, the Administrator may
authorize an extension of a limited appointment under--
``(A) paragraph (1)(A) for a period not to exceed 2 years;
and
``(B) paragraph (1)(B) for a period not to exceed 1 year.
``(d) A limited term appointee who has been appointed in
the Administration from a career or career-conditional
appointment outside the Senior Executive Service shall have
reemployment rights in the agency from which appointed, or in
another agency, under requirements and conditions established
by the Office of Personnel Management. The Office shall have
the authority to direct such placement in any agency.
``(e) Notwithstanding section 3394(b) and section 3395--
``(1) a limited term appointee serving under a term
prescribed under this section may be reassigned to another
Senior Executive Service position in the Administration, the
duties of which will expire at the end of a term of 4 years
or less; and
``(2) a limited term appointee serving under a term
prescribed under this section may be reassigned to another
continuing Senior Executive Service position in the
Administration, except that the appointee may not serve in 1
or more positions in the Administration under such
appointment in excess of 1 year, except that in rare
circumstances, the Administrator may approve an extension up
to an additional 1 year.
``(f) A limited term appointee may not serve more than 7
consecutive years under any combination of limited
appointments.
``(g) Notwithstanding section 5384, the Administrator may
authorize performance awards to limited term appointees in
the Administration in the same amounts and in the same manner
as career appointees.
``Sec. 9838. Superior qualifications pay
``(a) In this section the term `employee' means an employee
as defined under section 2105 who is employed by the
Administration.
``(b) Notwithstanding section 5334, the Administrator may
set the pay of an employee paid under the General Schedule at
any step within the pay range for the grade of the position,
based on the superior qualifications of the employee, or the
special need of the Administration.
``(c) If an exercise of the authority under this section
relates to a current employee selected for another position
within the Administration, a determination shall be made that
the employee's contribution in the new position will exceed
that in the former position, before setting pay under this
section.
``(d) Pay as set under this section is basic pay for such
purposes as pay set under section 5334.
``(e) If the employee serves for at least 1 year in the
position for which the pay determination under this section
was made, or a successor position, the pay earned under such
position may be used in succeeding actions to set pay under
chapter 53.
``(f) The Administrator may waive the restrictions in
subsection (e), based on criteria established in the plan
required under subsection (g).
``(g) Before setting any employee's pay under this section,
the Administrator shall submit a plan to the Office of
Personnel Management, that includes--
``(1) criteria for approval of actions to set pay under
this section;
``(2) the level of approval required to set pay under this
section;
``(3) all types of actions and positions to be covered;
``(4) the relationship between the exercise of authority
under this section and the use of other pay incentives; and
``(5) a process to evaluate the effectiveness of this
section.''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters for
subchapter I of part III of title 5, United States Code, is
amended by adding after the item relating to chapter 97 the
following:
``98. National Aeronautics and Space Administration........ 9801''.
(2) Compensation for certain excepted personnel.--
Subparagraph (A) of section 203(c)(2) of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))
is amended by striking ``the highest rate of grade 18 of the
General Schedule of the Classification Act of 1949, as
amended,'' and inserting ``the rate of basic pay payable for
level III of the Executive Schedule,''.
(3) Compensation clarification.--Section 209 of title 18,
United States Code, as amended by section 209(g)(2) of the E-
Government Act of 2002 (Public Law 107-347; 116 Stat. 2932),
is amended by adding at the end the following:
``(h) This section does not prohibit an employee of a
private sector organization, while assigned to the National
Aeronautics and Space Administration under section 9832 of
title 5, from continuing to receive pay and benefits from
that organization in accordance with section 9832 of that
title.''.
(4) Continued tsp eligibility.--Section 125(c)(1) of Public
Law 100-238 (5 U.S.C. 8432 note), as amended by section
209(g)(3) of the E-Government Act of 2002 (Public Law 107-
347; 116 Stat. 2932), is amended--
(A) in subparagraph (C), by striking ``or'' at the end;
(B) in subparagraph (D), by striking ``and'' at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(E) an individual assigned from the National Aeronautics
and Space Administration to a private sector organization
under section 9832 of title 5, United States Code; and''.
(5) Ethics provisions.--
(A) One-year restriction on certain communications.--
Section 207(c)(2)(A)(v) of title 18, United States Code, is
amended by inserting ``or section 9832'' after ``chapter
37''.
(B) Disclosure of confidential information.--Section 1905
of title 18, United States Code, is amended by inserting ``or
section 9832'' after ``chapter 37''.
(6) Contract advice.--Section 207(l) of title 18, United
States Code, is amended by inserting ``or section 9832''
after ``chapter 37''.
(7) Amendments to title 5, united states code.--Title 5,
United States Code, is amended--
(A) in section 3111(d), by inserting ``or section 9832''
after ``chapter 37''; and
(B) in section 7353(b)(4), by inserting ``or section 9832''
after ``chapter 37''.
______
SA 756. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1050, to authorize appropriations for fiscal year
2004 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
Forces, 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. 213. GUARDFIST II FIRE SUPPORT TRAINING SYSTEM.
(a) Availability of Funds.--(1) Of the amount authorized to
be appropriated by section 201(1) for research, development,
test, and evaluation for the Army, $791,000 shall be
available for Non-System Training Devices Combined Arms (PE
0604715F) for the GUARDFIST II fire support training system.
(2) The amount available under paragraph (1) for the
purpose specified in that section is in addition to any other
amounts available under this Act for that purpose.
(b) Offset.--Of the amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for the Army, the amount available for Next
Generation Training and Simulation Systems (PE 0603015A) for
the Institute for Creative Technologies (ICT) is hereby
reduced by $791,000.
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Senate amendment submitted
May 20, 2003