[House Report 108-122]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-122
======================================================================
PROVIDING FOR FURTHER CONSIDERATION OF H.R. 1588, NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2004
_______
May 21, 2003.--Referred to the House Calendar and ordered to be printed
_______
Mrs. Myrick, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 247]
The Committee on Rules, having had under consideration
House Resolution 247, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for further consideration of H.R.
1588, the National Defense Authorization Act For Fiscal Year
2004. The rule makes in order only those amendments printed in
this report and amendments en bloc described in section 2 of
the resolution.
The rule provides that amendments printed in this report
shall be considered only in the order printed in this report
(except as specified in section 3 of the resolution), may be
offered only by a Member designated in this report, shall be
considered as read and shall not be subject to a demand for
division of the question in the House or in the Committee of
the Whole.
The rule provides that each amendment printed in this
report shall be debatable for 10 minutes (unless otherwise
specified in the report) equally divided and controlled by the
proponent and an opponent and shall not be subject to amendment
(except that the chairman and ranking minority member of the
Committee on Armed Services each may offer one pro forma
amendment for the purpose of further debate on any pending
amendment). The rule waives all points of order against
amendments printed in this report and those amendments en bloc
as described in Section 2 of the resolution.
The rule authorizes the chairman of the Committee on Armed
Services or his designee to offer amendments en bloc consisting
of amendments printed in this report, or germane modifications
thereto, which shall be considered as read (except that
modifications shall be reported), shall be debatable for 20
minutes equally divided and controlled between the chairman and
ranking minority member of the Committee on Armed Services or
their designees, and shall not be subject to amendment or
demand for a division of the question.
The rule provides that, for the purposes of inclusion in
such amendments en bloc, an amendment printed in the form of a
motion to strike may be modified to the form of a germane
perfecting amendment to the text originally proposed to be
stricken, and that the original proponent of an amendment
included in such amendments en bloc may insert a statement in
the Congressional Record immediately before the disposition of
the amendments en bloc.
The rule allows the Chairman of the Committee of the Whole
to recognize for consideration of any amendment printed in this
report, out of the order printed, but not sooner than one hour
after the chairman of the Armed Services Committee or his
designee announces from the floor a request to that effect.
Finally, the rule provides one motion to recommit with or
without instructions.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 80
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Frost.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Spratt, which restores the President's requests for Cooperative
Threat Reduction programs. Rescinds the transfer of $28.8
million from chemical weapons destruction activities in Russia.
Grants the Defense Department authority to spend up to $50
million in prior year unobligated balanced on destruction of
weapons of mass destruction outside the former Soviet Union.
Establishes a reporting requirement to enhance Cooperative
Threat Reduction program accountability to Congress.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 81
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Frost.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Frost, which changes three provisions of immigration law to
make it easier for non-citizens serving in the U.S. Armed
Forces to become naturalized citizens.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 82
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment offered
by Representatives Maloney and Turner, which modifies Section
1451 to require civilian executive agencies to comply with
federal procurement processes and procedures when carrying out
certain prototype projects.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 83
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Frost.
Summary of motion: To not make in order the amendment
offered by Representative Tom Davis of Virginia, which
establishes the President's new Human Capital Performance Fund,
to be administered by OPM, to enable agencies to reward their
highest performing and most valuable employees. Limits human
capital performance payment to an individual employee to 10
percent of the employee's basic pay rate. Authorizes $500
million for FY 04 and such sums as necessary in subsequent
years.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 84
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. McGovern.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Allen, which transfers $466 million from certain long-range
ballistic missile defense programs to the Iraqi Freedom Fund to
promote stability and security in Iraq, and to secure Iraqi
weapons of mass destruction. Allows the President to waive the
transfer if he certifies that the overall potential long-range
ballistic missile threat to the United States has not decreased
as a result of the liberation of Iraq.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 85
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. McGovern.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Inslee, which requires that the Department of Energy, when
disposing of low-level radioactive wastes in landfills, that
such landfills be compliant with the Resources Conservation and
Recovery Act. Allows for a waiver of the requirement upon
consent of the State in which the wastes are dumped, the
Environmental Protection Agency, and the Department of Energy.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 86
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. McGovern.
Summary of motion: To make in order the amendment and grant
the appropriate waivers offered by Representative Lantos, which
subject to appropriation, requires that the employing agency of
a federal employee pay the employee the difference between his
or her civilian and military salary. Also subject to
appropriation, establishes a cost-sharing formula allowing
State and local governments that decide to pay their Reservist
employees the difference between their civilian and military
salaries shall be able to petition the Secretary of Defense for
a reimbursement of a portion of those costs.
Results: Defeated 3 to 8.
Vote by Members:
Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 87
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. McGovern.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Markey, which modifies the Missile Defense Act of 1999 to limit
deployment of a missile defense system until the President
certifies that the system is technologically feasible; the
system is effective against countermeasures; cost of the system
will not deplete resources for other defense priorities; the
system will not diminish overall national security; the system
will not disrupt relations with our allies; the threat of a
long-range missile attack has been demonstrated. The missile
defense system could be deployed once a presidential
certification has been made and a law has been enacted
specifically authorizing such deployment. Results: Defeated 3
to 8.
Vote by Members:
Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 88
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. McGovern.
Summary of motion: To make in order the amendment offered
by Representative Rahall, which strikes limitation on
Endangered Species Act (ESA) critical habitat designations
unrelated to the Department of Defense. Prohibits designation
of critical habitat on military lands under the ESA when
Defense Department conservation plans for threatened and
endangered species meet specified criteria. Clarifies that any
impact on national security will be considered when designating
critical habitat. Codifies the National Research Council's 2000
definition of the term ``harassment'' under the Marine Mammal
Protection Act (MMPA), but only as applicable to military
activities. Provides for Defense Department national security
exemptions from the MMPA if sought by the President during war
or times of declared national emergencies. Strikes changes to
MMPA ``incidental take'' standards. Strikes special exemption
from ESA compliance at Fort Huachuca, Arizona.
Results: Defeated 3 to 8.
Vote by Members:
Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 89
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. McGovern.
Summary of motion: To make in order the amendment offered
by Representative Holt, which authorizes the Army, through its
Communications and Electronics Research Development Center,
within the Army Materiel Command to receive and retain funds as
reimbursement from the New York Metropolitan Transportation
Authority in order to provide rapid deployment of enhanced
homeland security measures.
Results: Defeated 3 to 8.
Vote by Members:
Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 90
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Snyder, which Requires the Secretary of Defense to prescribe
guidelines regarding standards of conduct for members of the
Defense Policy Board and Defense Science Board. Guidelines
would have to include conditions governing access to classified
and confidential information and appropriate limitations of
such information; guidelines regarding conflicting financial
interest and recusal; and guidelines regarding the lobbying of
Department of Defense officials and other contacts with Defense
officials on matters in which the Board members may have a
financial interest. Requires the Secretary of Defense to submit
a copy of the guidelines to the appropriate Congressional
committees.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 91
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the amendment offered
by Representative Waxman, which ensures that no sole-source
contract for more than $1 million entered into under the
authority granted by Section 1441 and 1444 of the bill would be
exempt from the Truth in Negotiations Act and Cost Accounting
Standards.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 92
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Linda Sanchez, which prohibits the Secretary of Defense from
entering into contracts with corporate expatriates. Allows the
Secretary to waive the prohibition when the Secretary
determines that such a waiver is required in the interest of
national security.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 93
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Davis of California, which directs that, beginning in 2007,
military pay raises shall be equal to civilian wage growth as
measured by the Employment Cost Index, a rate generated by the
U.S. Department of Labor. Allows the President to suspend the
provision in times of serious national emergency or economic
conditions.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 94
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the following
amendments en bloc: Blumenauer No. 98; Bordallo No. 11; DeFazio
No. 20; Hoeffel No. 8; Jackson-Lee No. 70; Jackson-Lee No. 71;
Maloney No. 35; Nadler No. 41; Ryan of Ohio No. 81; Smith of
Washington No. 88.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 95
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Cooper, which states the sense of Congress that the Department
of Defense needs some new flexibility to adapt to today's
security and employment environment, but that in any new system
fundamental employee rights must be protected in any new
system. Lists fundamental employee rights to be protected.
Requires the Defense Department to bargain in good faith and
requires any national-level bargaining to be resolved by an
impartial panel or other dispute resolution procedure. Adds
additional protections to employees by strengthening any new
appeals process.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 96
Date: May 21, 2003.
Measure: H.R. 1588--National Defense Authorization Act for
Fiscal Year 2004.
Motion by: Mr. Frost.
Summary of motion: To not make in order the amendment
offered by Representative Hunter, which provides an additional
$100.0 million for the Secretary of the Army to field increased
lethality and sustainment capabilities to the fourth Stryker
brigade. Provides $3.0 million for evaluation of commercially
available medical diagnostic technology for potential use in
DOD medical treatment facilities. Provides $4.0 million for
development of lightweight cartridge cases for ammunition.
Provides $6.5 million to improve the effectiveness and reduce
the cost of Navy carrier launch and recovery operations.
Provides $1.4 million to improve the accuracy and reduce the
workload of preventive maintenance operations on Navy aircraft
carrier launch and recovery operations. Provides $5.0 million
for development and demonstration of the SPIKE lightweight, low
cost missile system for use in urban combat operations.
Provides $3.3 million for hydrographic sciences research.
Provides $5.0 million for an at sea demonstration of a variant
of the F-22 electronic warfare product improvement program.
Provides $4.0 million for development of general-purpose
reconfigurable signal processors suitable for time critical
sensor processing for broad military intelligence,
surveillance, and reconnaissance applications. Provides $2.0
million for evaluation of new technology for detection and
cueing of specific elements or compounds that would indicate
the presence of a nuclear, biological, chemical, or
radiological agent. Provides $5 million for continuing applied
research on an antidote for mustard gas. Provides $1.1 million
for development of technology for accurately tracing portable,
sensitive items that might be exported outside the United
States. Reduction of $135.5 million from Air Force operation
and maintenance funds to offset expenditures in sections 112,
203, and 304 above. Provides a clarification of the Hatch Act.
Marine Mammal Act--a technical amendment to limit new standard
for permitting authority under MMPA to ``military readiness
activity.'' Provides for amendments to certain government wide
procurement authorities for defense against terror to clarify
them and make them permanent. Provides authority for the
Secretary of the Army to convey land at Fort Belvoir, Virginia.
Results: Defeated 3 to 8.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
(Summaries of amendments derived from information provided by the
sponsor.)
1. Kline: Grants the Secretary of Education specific wavier
authority within Title IV of the Higher Education Act to
provide relief to those affected by the recent military
mobilization and any unforeseen issues that may arise. Waivers
granted by the Secretary may allow for reservists leaving their
job may be relieved from student loan payments for a time,
borrowers may be relieved from receiving collection calls from
lenders, and consecutive service requirements for loan
forgiveness programs may be considered uninterrupted. Provides
the Secretary with the authority to implement waivers deemed
necessary and not yet contemplated. Expires on September 30,
2005. Requires the Secretary of Education to report to Congress
on the impact of the waivers implemented as a result of this
amendment.
2. Brown (SC): Expands the Department of Defense Excess
Personal Property Disposal Program to include health agencies
in addition to law enforcement and firefighting agencies. The
transfer could only take place if the property was excess to
the needs of the Defense Department and suitable for use in
providing fire and emergency medical services or in responding
to health or environmental emergencies.
3. Ackerman: Encourages the Department of Defense and the
Navy to engage with the government of Israel and the Israel
Defense Forces to establish appropriate and effective
arrangements to ensure the safety of U.S. Navy vessels and
personnel, and subsequently, to resume regular port visits to
Haifa, Israel, by the U.S. Sixth Fleet.
4. Davis, Tom: Establishes the President's new Human
Capital Performance Fund, to be administered by OPM, to enable
agencies to reward their highest performing and most valuable
employees. Limits human capital performance payment to an
individual employee to 10% of the employee's basic pay rate.
Authorizes $500 million for FY 04 and such sums as necessary in
subsequent years.
5. Hefley/Gallegly: Establishes a 2-year pilot program to
improve the use of Air Force Reserve and Air National Guard
Modular Airborne Fire-Fighting Systems to fight wildfires by
waiving the Economy Act of 1934, which requires federal
firefighters to exhaust all private and commercial sources of
materiel before they can access military equipment or personnel
for use in fighting forest wildfires, for 2 years.
6. Dreier/Lofgren: Specifies that 120 days after enactment
of the underlying act, MTOPS regulations are repealed.
Specifies that during that 120 day period, and before
implementing any new regulations relating to an export
administration system for high-performance computers, the
President shall consult with the relevant Congressional
committees. (20 Minutes)
7. Lantos: Strikes the repeal of a reporting requirement
contained in section 656 of the Foreign Assistance Act of 1961.
The section 656 report, filed jointly by the Secretaries of
State and Defense, provides information regarding U.S. foreign
military training programs abroad. This provision is within the
jurisdiction of the Committee on International Relations was
addressed in the recently reported Foreign Relations
Authorization Act, Fiscal Years 2004 and 2005 and was addressed
in the Foreign Relations Authorization Act, Fiscal Year 2003.
8. Jackson-Lee: Directs the Secretary of Defense to
commission a study on the use of small businesses, minority-
owned businesses, and women-owned businesses in the efforts to
rebuild Iraq.
9. Hastings (FL): Strikes the repeal of certain Department
of Defense reporting requirements in Title 10, U.S.C., on the
President's objectives when armed forces are deployed, on costs
of military operations, and on the management of the civilian
workforce.
10. Woolsey/Leach/Platts: Expresses the sense of Congress
that the Secretary of Defense should maintain the functions and
missions of the Army Peacekeeping Institute at the Army War
College or within a joint entity of the Department of Defense
to ensure that members of the Armed Forces continue to study
the strategic challenges and uses of peacekeeping missions and
to prepare the Armed Forces.
11. Weldon (PA): Declares it to be U.S. policy to seek to
cooperate with Russia and the independent states of the former
Soviet Union in order to effect as quickly as is reasonably
practical basic security measures at all their nuclear weapons
and materials storage facilities. Requires the National Academy
of Sciences will carry out an analysis of the effect on threat
reduction and non-proliferation programs of applicable
congressional oversight. Requires a report from the Secretary
of Energy on the use of funds appropriated for threat reduction
and non-proliferation programs in Russia and the former Soviet
Union. Requires the President to prepare and submit a plan to
secure and destroy all chemical and biological weapons, and the
chemical and biological materials designed for use in such
weapons that are located in Russia and the former Soviet Union.
Declares it to be U.S. policy to seek to work with Russia to
create comprehensive inventories of weapons-grade materials and
assembled warheads, with particular attention paid to tactical
or ``non-strategic'' warheads and weapons that are no longer
operationally deployed. Establishes a Duma-Congressnuclear
threat reduction working group to explore ways to enhance cooperation
in terms of nuclear non-proliferation and security. The Membership will
include 10 Senators and 30 Representatives. Declares it to be U.S.
policy for the U.S. to work with NATO to enter into appropriate
cooperative relationships with Russia in development and deployment of
theater-level ballistic missile defenses. Declares it to be U.S. policy
to encourage joint efforts by the U.S. and Russia to reduce the chances
of a Russian nuclear attack anywhere in the world as a result of
misinformation or miscalculation by further development of the
RussiaAmerican Observation Satellite (RAMOS) program. Creates a
cooperative venture known as the Teller-Kurchatov Alliance for Peace to
develop and promote peaceful, safe and environmentally sensitive uses
of nuclear strategy. Creates the Teller-Kurchatov 2 year non-
proliferation fellowship for scientists employed at the Kurchatov
Institute and Lawrence Livermore National Laboratory. States that the
U.S. should seek to initiate discussions between the International
Atomic Energy Agency and the Organization for Economic Cooperation and
Development for the purpose of exploring issues of nuclear and
radiological security and safety. (Late)
12. Rogers, Mike (MI): Requires the Department of Defense
to assist, to the maximum extent practicable, provide all
necessary support in an expeditious manner to assist Iraqi
children who were injured during Operation Iraqi Freedom.
Assistance may only be provided if adequate treatment from
other sources in Iraq or neighboring countries is not available
and only after completion of an evaluation by a physician or
other appropriate medical personnel of the U.S. Armed Forces.
13. Upton: Authorizes the Secretary of Defense to pay
imminent danger pay to military service members responding to
terrorist attacks on the United States when there is an
immediate threat of physical harm or imminent danger as a
direct result or residual effects of the attack or potential
secondary attacks.
14. Vitter: Under the Maritime Security Program, allows
existing vessels to be documented under United States flag
provided that the telecommunications and other electronic
equipment of such vessels meets internationally accepted
standards. Currently, the Federal Communications Commission
(FCC) requires that all such equipment be type-approved by the
FCC, a regulation that does not apply to foreign flag vessels
in U.S. waters. This amendment would remove that requirement.
15. Hunter: Provides an additional $100.0 million for the
Secretary of the Army to field increased lethality and
sustainment capabilities to the fourth Stryker brigade.
Provides $3.0 million for evaluation of commercially available
medical diagnostic technology for potential use in DOD medical
treatment facilities. Provides $4.0 million for development of
lightweight cartridge cases for ammunition. Provides $6.5
million to improve the effectiveness and reduce the cost of
Navy carrier launch and recovery operations. Provides $1.4
million to improve the accuracy and reduce the workload of
preventive maintenance operations on Navy aircraft carrier
launch and recovery operations. Provides $5.0 million for
development and demonstration of the SPIKE lightweight, low
cost missile system for use in urban combat operations.
Provides $3.3 million for hydrographic sciences research.
Provides $5.0 mil for an at sea demonstration of a variant of
the F 22 electronic warfare product improvement program.
Provides $4.0 million for development of general-purpose
reconfigurable signal processors suitable for time critical
sensor processing for broad military intelligence,
surveillance, and reconnaissance applications. Provides $2.0
million for evaluation new technology for detection and cueing
of specific elements or compounds would indicate the presence
of a nuclear, biological, chemical, radiological agent.
Provides $5 million for continuing applied research on an
antidote for mustard gas. Provides $1.1 million development of
technology for accurately tracing portable, sensitive items
that might be exported outside the United States. Reduction of
$135.5 million from Air Force operation and maintenance funds
to offset expenditures in sections 112, 203, and 304 above.
Provides a clarification of the Hatch Act. Marine Mammal Act--a
technical amendment to limit new standard for permitting
authority under MMPA to ``military readiness activity.''
Provides for amendments to certain government wide procurement
authorities for defense against terror to clarify them and make
them permanent. Provides authority for Secretary of the Army to
convey land at Fort Belvoir, Virginia.
16. Simmons: Requires a report from the Secretary of
Defense on the granting (or renewal) of security clearances for
Department of Defense personnel and defense contractor
personnel. The assessment shall review the effects of the
disqualification factors and shall include such recommendations
for legislation or administrative steps as the Secretary
considers necessary.
17. Tierney: Expands the scope of the Assessment of United
States Defense Industrial Base Capabilities to include the
business rationale for transferring the contracted work
overseas, and the percentage of the total contract award that
is to be performed outside the country. Requires the Secretary
to make recommendations as to how the U.S. Defense Industrial
Base Capabilities can be strengthened.
18. Nadler: Requires the Secretary of Defense to submit a
study to Congress examining the costs and benefits of
purchasing all the ex-Soviet weaponsgrade uranium and plutonium
in fiscal year 2005, and safeguarding it from smuggling or
theft until can be rendered unusable for weapons.
19. Porter: Requires the Secretary of Defense to conduct a
study and review of the effects of perchlorate in drinking
water on human beings.
20. LoBiondo: Requires the Department of Defense to report
to Congress on Military Construction requirements, both inside
and outside of the Five Year Defense Plan, necessary to support
homeland defense missions of the U.S. military.
21. Kaptur: Requires the Secretary of Defense to collect
data in order to identify all contractors and subcontractors
that use machine tools in carrying out any defense contract
$5,000,000 or greater. Requires the Secretary of Defense to
establish a center to provide technical assistance to machine
tool companies in the United States, and entities that use
machine tools, to seek guidance with respect to government
contracting regulations, including compliance procedures, and
opportunities for contracting with the Department of Defense.
22. Kaptur: Specifies that when, under Section 2 of the Buy
American Act, whether application of that Act is inconsistent
with the public interest, the Secretary of Defense shall not
consider the provisions of any trade agreement between the
United States and a foreign country that is in effect at the
time of the determination.
23. Turner (OH)/Ryan (OH): Directs the Secretary of Defense
to assist the United States Air and Trade Show, Incorporated to
study with that organization the feasibility of establishing a
United States international air and trade show. Authorizes the
Secretary to spend up to $1 million in matching funds to
conduct and implement recommendations derived from the
feasibility study.
24. Kingston: Specifies that if a military installation to
be closed includes a road used for public access that the
required consultation includes a discussion of measures to
ensure the continued availability of the road for public use
after the installation is closed or placed in an inactive
status.
25. Hobson: Requires that Department of Defense purchases
subject to the Buy American Act be at least 65 percent domestic
content, instead of the current 50 percent.
26. Hoeffel: Expresses the sense of Congress that the
Secretary of the Army should demolish the Tacony Warehouse in
accordance with the fiscal year 2001 Department of Defense
Appropriations Act.
27. Hostettler: Clarifies that the domestic source
limitation in Section 821 of H.R. 1588 would only apply to a
specific type of packaging, specifically pre-formed retort
packaging.
28. Farr: Makes permanent a demonstration project in
Monterey, California that allows Department of Defense
installations to contract with the City of Monterey for the
provision of municipal services.
29. Dicks: Authorizes the Secretary of the Navy to convey
land on the eastern end of Puget Sound Naval Shipyard to the
city of Bremerton, WA.
30. Crenshaw: Transfers certain vessels from the Maritime
Administration to the Beauchamp Tower Corporation (a not-for-
profit corporation) for use as moored support ships and as
memorials to the Fulton and Victory-class ships. The Beauchamp
Tower Corporation would then use the ships in their National
Emergency Urban Interface Program, which uses unique facilities
to provide free training for both private industry and local/
state/federal government emergency responders.
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Kline of Minnesota, or
His Designee, Debatable for 10 Minutes
At the end of division A (page 433, after line 20), insert
the following new title:
TITLE XV--HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS
SEC. 1501. SHORT TITLE; REFERENCE.
(a) Short Title.--This title may be cited as the ``Higher
Education Relief Opportunities for Students Act of 2003''.
(b) Reference.--References in this title to ``the Act'' are
references to the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.).
SEC. 1502. WAIVER AUTHORITY FOR RESPONSE TO MILITARY CONTINGENCIES AND
NATIONAL EMERGENCIES.
(a) Waivers and Modifications.--
(1) In general.--Notwithstanding any other provision
of law, unless enacted with specific reference to this
section, the Secretary of Education (referred to in
this title as the ``Secretary'') may waive or modify
any statutory or regulatory provision applicable to the
student financial assistance programs under title IV of
the Act as the Secretary deems necessary in connection
with a war or other military operation or national
emergency to provide the waivers or modifications
authorized by paragraph (2).
(2) Actions authorized.--The Secretary is authorized
to waive or modify any provision described in paragraph
(1) as may be necessary to ensure that--
(A) recipients of student financial
assistance under title IV of the Act who are
affected individuals are not placed in a worse
position financially in relation to that
financial assistance because of their status as
affected individuals;
(B) administrative requirements placed on
affected individuals who are recipients of
student financial assistance are minimized, to
the extent possible without impairing the
integrity of the student financial assistance
programs, to ease the burden on such students
and avoid inadvertent, technical violations or
defaults;
(C) the calculation of ``annual adjusted
family income'' and ``available income'', as
used in the determination of need for student
financial assistance under title IV of the Act
for any such affected individual (and the
determination of such need for his or her
spouse and dependents, if applicable), may be
modified to mean the sums received in the first
calendar year of the award year for which such
determination is made, in order to reflect more
accurately the financial condition of such
affected individual and his or her family;
(D) the calculation under section 484B(b)(2)
of the Act (20 U.S.C. 1091b(b)(2)) of the
amount a student is required to return in the
case of an affected individual may be modified
so that no overpayment will be required to be
returned or repaid if the institution has
documented (i) the student's status as an
affected individual in the student's file, and
(ii) the amount of any overpayment discharged;
and
(E) institutions of higher education,
eligible lenders, guaranty agencies, and other
entities participating in the student
assistance programs under title IV of the Act
that are located in areas that are declared
disaster areas by any Federal, State or local
official in connection with a national
emergency, or whose operations are
significantly affected by such a disaster, may
be granted temporary relief from requirements
that are rendered infeasible or unreasonable by
a national emergency, including due diligence
requirements and reporting deadlines.
(b) Notice of Waivers or Modifications.--
(1) In general.--Notwithstanding section 437 of the
General Education Provisions Act (20 U.S.C. 1232) and
section 553 of title 5, United States Code, the
Secretary shall, by notice in the Federal Register,
publish the waivers or modifications of statutory and
regulatory provisions the Secretary deems necessary to
achieve the purposes of this section.
(2) Terms and conditions.--The notice under paragraph
(1) shall include the terms andconditions to be applied
in lieu of such statutory and regulatory provisions.
(3) Case-by-case basis.--The Secretary is not
required to exercise the waiver or modification
authority under this section on a case-by-case basis.
(c) Impact Report.--The Secretary shall, not later than 15
months after first exercising any authority to issue a waiver
or modification under subsection (a), report to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of
the Senate on the impact of any waivers or modifications issued
pursuant to subsection (a) on affected individuals and the
programs under title IV of the Act, and the basis for such
determination, and include in such report the Secretary's
recommendations for changes to the statutory or regulatory
provisions that were the subject of such waiver or
modification.
(d) No Delay in Waivers and Modifications.--Sections 482(c)
and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c),
1098a) shall not apply to the waivers and modifications
authorized or required by this title.
SEC. 1503. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) all institutions offering postsecondary education
should provide a full refund to students who are
affected individuals for that portion of a period of
instruction such student was unable to complete, or for
which such individual did not receive academic credit,
because he or she was called up for active duty or
active service; and
(2) if affected individuals withdraw from a course of
study as a result of such active duty or active
service, such institutions should make every effort to
minimize deferral of enrollment or reapplication
requirements and should provide the greatest
flexibility possible with administrative deadlines
related to those applications.
(b) Definition of Full Refund.--For purposes of this section,
a full refund includes a refund of required tuition and fees,
or a credit in a comparable amount against future tuition and
fees.
SEC. 1504. USE OF PROFESSIONAL JUDGMENT.
A financial aid administrator shall be considered to be
making a necessary adjustment in accordance with section
479A(a) of the Act if the administrator makes adjustments with
respect to the calculation of the expected student or parent
contribution (or both) of an affected individual, and
adequately documents the need for the adjustment.
SEC. 1505. DEFINITIONS.
In this title:
(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;
(B) is performing qualifying National Guard
duty during a war or other military operation
or national emergency;
(C) resides or is employed in an area that is
declared a disaster area by any Federal, State,
or local official in connection with a national
emergency; or
(D) suffered direct economic hardship as a
direct result of a war or other military
operation or national emergency, as determined
by the Secretary.
(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'' shall include 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.
SEC. 1506. TERMINATION OF AUTHORITY.
The provisions of this title shall cease to be effective at
the close of September 30, 2005.
----------
2. An Amendment To Be Offered by Representative Brown of South
Carolina, or His Designee, Debatable for 10 Minutes
At the end of title III (page ____, after line ____), insert
the following new section:
SEC. ____. EXPANSION OF DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY
DISPOSAL PROGRAM TO INCLUDE HEALTH AGENCIES IN
ADDITION TO LAW ENFORCEMENT AND FIREFIGHTING
AGENCIES.
(a) Inclusion of Health Agencies.--Section 2576b of title 10,
United States Code, is amended--
(1) by striking subsection (a) and inserting the
following new subsection (a):
``(a) Transfer Authorized.--Subject to subsection (b), the
Secretary of Defense may transfer to a firefighting agency or
health agency in a State any personal property of the
Department of Defense that the Secretary determines is--
``(1) excess to the needs of the Department of
Defense; and
``(2) suitable for use in providing fire and
emergency medical services or responding to health or
environmental emergencies, including personal
protective equipment and equipment for communication
and monitoring.''; and
(2) in subsection (b)(2) and (c), by striking
``firefighting'' both places it appears.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2576b. Excess personal property: sale or donation to assist
firefighting agencies and health agencies
(2) The table of sections at the beginning of chapter 153 of
such title is amended by striking the item relating to section
2576b and inserting the following new item:
``2576b. Excess personal property: sale or donation to assist
firefighting agencies and health agencies.''.
____________________________________________________
3. An Amendment To Be Offered by Representative Ackerman of New York,
or His Designee, Debatable for 10 Minutes
At the end of title XII (page 384, after line 3), insert the
following new section:
SEC. ____. SENSE OF CONGRESS CONCERNING NAVY PORT CALLS IN ISRAEL.
(a) Findings.--Congress finds the following:
(1) The United States Sixth Fleet has not conducted
regular visits to the port of Haifa, Israel, since the
attack on the U.S.S. Cole in Aden, Yemen, on October
12, 2000, but previously visited that port on a regular
basis, with an average of 90 United States warships
visiting Haifa each year.
(2) The United States Navy has invested millions of
dollars in expanding the capacity and capability of the
port of Haifa to accommodate United States Navy
requirements and the port of Haifa is among the most
secure harbors in the world and offers reliable and
efficient repair facilities with close proximity to
capable air transport and communications.
(3) The forward presence of United States Navy ships
is a powerful deterrent to aggression and a tangible
expression of American national interests.
(4) The visits of the United States Sixth Fleet to
Haifa demonstrate the historic friendship of the
American and Israeli people and the commitment of the
United States to the security and survival of the State
of Israel.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense and the United States
Navy should engage with the Government of Israel and
the Israel Defense Forces to establish appropriate and
effective arrangements to ensure the safety of United
States Navy vessels and personnel; and
(2) upon such arrangements being made, the Sixth
Fleet should resume regular port visits to Haifa,
Israel.
----------
4. An Amendment To Be Offered by Representative Tom Davis of Virginia,
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XI (page 349, after line
10), insert the following new section (and redesignate
subsequent sections accordingly):
SEC. 1111. HUMAN CAPITAL PERFORMANCE FUND.
(a) In General.--Subpart D of part III of title 5, United
States Code, is amended by inserting after chapter 53 the
following:
``CHAPTER 54--HUMAN CAPITAL PERFORMANCE FUND
``Sec.
``5401. Purpose.
``5402. Definitions.
``5403. Human Capital Performance Fund.
``5404. Human capital performance payments.
``5405. Regulations.
``5406. Agency plan.
``5407. Nature of payment.
``5408. Appropriations.
``Sec. 5401. Purpose
``The purpose of this chapter is to promote, through the
creation of a Human Capital Performance Fund, greater
performance in the Federal Government. Monies from the Fund
will be used to reward agencies' highest performing and most
valuable employees. This Fund will offer Federal managers a new
tool to recognize employee performance that is critical to the
achievement of agency missions.
``Sec. 5402. Definitions
``For the purpose of this chapter--
``(1) `agency' means an Executive agency under
section 105, but does not include the General
Accounting Office;
``(2) `employee' includes--
``(A) an individual paid under a statutory
pay system defined in section 5302(1);
``(B) a prevailing rate employee, as defined
in section 5342(a)(2); and
``(C) a category of employees included by the
Office of Personnel Management following the
review of an agency plan under section
5403(b)(1);
but does not include--
``(i) an individual paid at an annual rate of
basic pay for a level of the Executive
Schedule, under subchapter II of chapter 53, or
at a rate provided for one of those levels
under another provision of law;
``(ii) a member of the Senior Executive
Service paid under subchapter VIII of chapter
53, or an equivalent system;
``(iii) an administrative law judge paid
under section 5372;
``(iv) a contract appeals board member paid
under section 5372a;
``(v) an administrative appeals judge paid
under section 5372b; and
``(vi) an individual in a position which is
excepted from the competitive service because
of its confidential, policy-determining,
policy-making, or policy-advocating character;
and
``(3) `Office' means the Office of Personnel
Management.
``Sec. 5403. Human Capital Performance Fund
``(a) There is hereby established the Human Capital
Performance Fund, to be administered by the Office for the
purpose of this chapter.
``(b)(1)(A) An agency shall submit a plan as described in
section 5406 to be eligible for consideration by the Office for
an allocation under this section. An allocation shall be made
only upon approval by the Office of an agency's plan.
``(B)(i) After the reduction for training required under
section 5408, ninety percent of the remaining amount
appropriated to the Fund may be allocated by the Office to the
agencies. Of the amount to be allocated, an agency's pro rata
distribution may not exceed its pro rata share of Executive
branch payroll.
``(ii) If the Office does not allocate an agency's full pro
rata share, the undistributed amount remaining from that share
will become available for distribution to other agencies, as
provided in subparagraph (C).
``(C)(i) After the reduction for training under section 5408,
ten percent of the remaining amount appropriated to the Fund,
as well as the amount of the pro rata share not distributed
because of an agency's failure to submit a satisfactory plan,
shall be allocated among agencies with exceptionally high-
quality plans.
``(ii) An agency with an exceptionally high-quality plan is
eligible to receive an additional distribution in addition to
its full pro rata distribution.
``(2) Each agency is required to provide to the Office such
payroll information as the Office specifies necessary to
determine the Executive branch payroll.
``Sec. 5404. Human capital performance payments
``(a)(1) Notwithstanding any other provision of law, the
Office may authorize an agency to provide human capital
performance payments to individual employees based on
exceptional performance contributing to the achievement of the
agency mission.
``(2) The number of employees in an agency receiving payments
from the Fund, in any year, shall not be more than the number
equal to 15 percent of the agency's average total civilian
full- and part-time permanent employment for the previous
fiscal year.
``(b)(1) A human capital performance payment provided to an
individual employee from the Fund, in any year, shall not
exceed 10 percent of the employee's rate of basic pay.
``(2) The aggregate of an employee's rate of basic pay,
adjusted by any locality-based comparability payments, and
human capital performance pay, as defined by regulation, may
not exceed the rate of basic pay for Executive Level IV in any
year.
``(3) Any human capital performance payment provided to an
employee from the Fund is in addition to any annual pay
adjustment (under section 5303 or any similar provision of law)
and any locality-based comparability payment that may apply.
``(c) No monies from the Human Capital Performance Fund may
be used to pay for a new position, for other performance-
related payments, or for recruitment or retention incentives
paid under sections 5753 and 5754.
``(d)(1) An agency may finance initial human capital
performance payments using monies from the Human Capital
Performance Fund, as available.
``(2) In subsequent years, continuation of previously awarded
human capital performance payments shall be financed from other
agency funds available for salaries and expenses.
``Sec. 5405. Regulations
``The Office shall issue such regulations as it determines to
be necessary for the administration of this chapter, including
the administration of the Fund. The Office's regulations shall
include criteria governing--
``(1) an agency plan under section 5406;
``(2) the allocation of monies from the Fund to
agencies;
``(3) the nature, extent, duration, and adjustment
of, and approval processes for, payments to individual
employees under this chapter;
``(4) the relationship to this chapter of agency
performance management systems;
``(5) training of supervisors, managers, and other
individuals involved in the process of making
performance distinctions; and
``(6) the circumstances under which funds may be
allocated by the Office to an agency in amounts below
or in excess of the agency's pro rata share.
``Sec. 5406. Agency plan
``(a) To be eligible for consideration by the Office for an
allocation under this section, an agency shall--
``(1) develop a plan that incorporates the following
elements:
``(A) adherence to merit principles set forth
in section 2301;
``(B) a fair, credible, and transparent
employee performance appraisal system;
``(C) a link between the pay-for-performance
system, the employee performance appraisal
system, and the agency's strategic plan;
``(D) a means for ensuring employee
involvement in the design and implementation of
the system;
``(E) adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the pay-for-
performance system;
``(F) a process for ensuring ongoing
performance feedback and dialogue between
supervisors, managers, and employees throughout
the appraisal period, and setting timetables
for review;
``(G) effective safeguards to ensure that the
management of the system is fair and equitable
and based on employee performance; and
``(H) a means for ensuring that adequate
agency resources are allocated for the design,
implementation, and administration of the pay-
for-performance system;
``(2) upon approval, receive an allocation of funding
from the Office;
``(3) make payments to individual employees in
accordance with the agency's approved plan; and
``(4) provide such information to the Office
regarding payments made and use of funds received under
this section as the Office may specify.
``(b) The Office, in consultation with the Chief Human
Capital Officers Council, shall review and approve an agency's
plan before the agency is eligible to receive an allocation of
funding from the Office.
``(c) The Chief Human Capital Officers Council shall include
in its annual report to Congress under section 1303(d) of the
Homeland Security Act of 2002 an evaluation of the formulation
and implementation of agency performance management systems.
``Sec. 5407. Nature of payment
``Any payment to an employee under this section shall be part
of the employee's basic pay for the purposes of subchapter III
of chapter 83, and chapters 84 and 87, and for such other
purposes (other than chapter 75) as the Office shall determine
by regulation.
``Sec. 5408. Appropriations
``There is authorized to be appropriated $500,000,000 for
fiscal year 2004, and, for each subsequent fiscal year, such
sums as may be necessary to carry out the provisions of this
chapter. In the first year of implementation, up to 10 percent
of the amount appropriated to the Fund shall be available to
participating agencies to train supervisors, managers, and
other individuals involved in the appraisal process on using
performance management systems to make meaningful distinctions
in employee performance and on the use of the Fund.''.
(b) Clerical Amendment.--The table of chapters for part III
of title 5, United States Code, is amended by inserting after
the item relating to chapter 53 the following:
Human Capital Performance Fund.............................5401''.
____________________________________________________
5. An Amendment To Be Offered by Representative Hefley of Colorado, or
His Designee, Debatable for 10 Minutes
At the end of title X (page 333, after line 21), insert the
following new section:
SEC. ____. PILOT PROGRAM TO IMPROVE USE OF AIR FORCE AND AIR NATIONAL
GUARD MODULAR AIRBORNE FIRE-FIGHTING SYSTEMS TO
FIGHT WILDFIRES.
(a) Temporary Exception to Economy Act Requirement.--
Notwithstanding section 1535(a)(4) of title 31, United States
Code, the Secretary of the Interior and the Secretary of
Agriculture may procure the services of military aircraft (and
personnel of the Armed Forces to operate and maintain such
aircraft) of Air Force and Air National Guard Modular Airborne
Fire-Fighting Systems units in California, Colorado, North
Carolina, and Wyoming to fight a wildfire without first
comparing the cost and convenience of procuring such services
from such source to the cost of procuring the same services
from a commercial enterprise.
(b) Duration of Pilot Program.--The authority provided by
subsection (a) expires December 31, 2005.
(c) Reporting Requirement.--Not later than February 1, 2005,
the Secretary of the Interior and the Secretary of Agriculture
shall submit to Congress a report describing--
(1) the use of the exception provided in subsection
(a) to expedite the procurement of the services of Air
Force and Air National Guard Modular Airborne Fire-
Fighting Systems units to fight wildfires; and
(2) the ability of these units in responding to
wildfires in a timely and effective manner.
----------
6. An Amendment To Be Offered by Representative Drier of California, or
His Designee, Debatable for 20 Minutes
At the end of title X (page 333, after line 21), insert the
following new section:
SEC. ____. REPEAL OF MTOPS REQUIREMENT FOR COMPUTER EXPORT CONTROLS.
(a) Repeal.--Effective 120 days after the date of the
enactment of this Act, subtitle B of title XII 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.--During the 120-day period
beginning on the date of the enactment of this Act and before
implementing any new 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, the 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.
(d) New Regulations.--If the President finds that it is in
the national security interest of the United States, the
President may, after consultation with the Secretary of
Commerce, Secretary of Defense, Secretary of Energy, Secretary
of State, Secretary of Homeland Security, the Director of
Central Intelligence, and other relevant national security and
intelligence agencies, issue regulations that replace the
current MTOPS-based method for controlling computer exports,
after considering other means of controlling such exports,
including controls that may incorporate accepted and accurate
measurements of computer performance (including the performance
of clustered computers).
----------
7. An Amendment To Be Offered by Representative Lantos of California,
or his Designee, Debatable for 10 Minutes
In section 1021, strike subsection (b) (page 274, lines 22
through 24), and redesignate subsequent subsections
accordingly.
----------
8. An Amendment To Be Offered by Representative Jackson-Lee of Texas,
or Her Designee, Debatable for 10 Minutes
At the end of title X (page 333, after line 21), insert the
following new section:
SEC. ____. STUDY ON FEASIBILITY OF USE OF SMALL BUSINESSES, MINORITY-
OWNED BUSINESSES, AND WOMEN-OWNED BUSINESSES IN
EFFORTS TO REBUILD IRAQ.
The Secretary of Defense shall commission a study of the
feasibility of using small businesses, minority-owned
businesses, and women-owned businesses in the United States'
efforts to rebuild Iraq. The study shall include the
development of outreach procedures to provide, to small
businesses, minority-owned businesses, and women-owned
businesses, information on participating in rebuilding Iraq.
----------
9. An Amendment To Be Offered by Representative Hastings of Florida, or
His Designee, Debatable for 10 Minutes
Page 260, strike lines 23 and 24.
Page 262, strike lines 7 through 12.
----------
10. An Amendment To Be Offered by Representative Woolsey of California,
or Her Designee, Debatable for 10 Minutes
At the end of title X (page 333, after line 21), insert the
following new section:
SEC. ____. SENSE OF CONGRESS REGARDING CONTINUATION OF MISSION AND
FUNCTIONS OF ARMY PEACEKEEPING INSTITUTE.
It is the sense of Congress that the Secretary of Defense
should maintain the functions and missions of the Army
Peacekeeping Institute at the Army War College in Carlisle,
Pennsylvania, or within a joint entity of the Department of
Defense, such as the National Defense University or the Joint
Forces Command, to ensure that members of the Armed Forces
continue to study the strategic challenges and uses of
peacekeeping missions and to prepare the Armed Forces for
conducting such missions.
----------
11. An Amendment To Be Offered by Representative Weldon of
Pennsylvania, or His Designee, Debatable for 10 Minutes
At the end of the bill (page 627, after line 25), insert the
following new title:
TITLE XXXVI--NUCLEAR SECURITY INITIATIVE
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Nuclear Security Initiative
Act of 2003''.
Subtitle A--Nonproliferation Program Enhancements
SEC. 3621. ACCELERATION AND EXPANSION OF INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION PROGRAM.
(a) Policy With Respect to Former Soviet Union.--It is the
policy of the United States to seek to cooperate with the
Russian Federation and each other independent state of the
former Soviet Union to effect as quickly as is reasonably
practical basic security measures (such as the replacement of
doors, the bricking of or placement of bars in windows, the
clearing of underbrush from facility perimeters, and the
erection of fences) at each facility in the Russian Federation
and each such state that is used for storing nuclear weapons or
nuclear materials and is not yet protected by such measures.
(b) Policy Worldwide.--It is the policy of the United States
to seek to cooperate with all appropriate nations--
(1) to attempt to ensure that all nuclear weapons and
nuclear materials worldwide are secure and accounted
for according to stringent standards; and
(2) to minimize the number of facilities worldwide at
which separated plutonium and highly enriched uranium
are present, so as to achieve the highest and most
sustainable levels of security for such facilities in
the most cost-effective manner.
(c) Expansion of Program to Additional Countries
Authorized.--(1) The Secretary of Energy may expand the
International Nuclear Materials Protection and Cooperation
program of the Department of Energy to encompass countries
other than the Russian Federation and the other independent
states of the former Soviet Union.
(2) In carrying out such program with respect to countries
other than the Russian Federation and the other independent
states of the former Soviet Union, the Secretary of Energy may
provide such funds as are needed to remove nuclear materials
from potentially vulnerable facilities, including funds to
cover the costs of--
(A) transporting such materials from those facilities
to secure facilities;
(B) purchasing such materials;
(C) converting those facilities to a use that no
longer requires nuclear materials; and
(D) providing incentives to facilitate the removal of
such materials from such facilities.
(3)(A) In carrying out such program with respect to countries
other than the Russian Federation and the other independent
states of the former Soviet Union, the Secretary of Energy may
provide technical assistance to the Secretary of State in the
efforts of the Secretary of State to assist such countries to
review and improve their security programs with respect to
nuclear weapons and nuclear materials.
(B) The technical assistance provided under subparagraph (A)
may, where consistent with the treaty obligations of the United
States, include the sharing of technology or methodologies to
the countries referred to in that subparagraph. Any such
sharing shall take into account the sovereignty of the country
concerned and the nuclear weapons programs of such country, as
well as the sensitivity of any information involved regarding
United States nuclear weapons or nuclear weapons systems.
(C) The Secretary of Energy may include the Russian
Federation in activities under this paragraph if the Secretary
determines that the experience of the Russian Federation under
the International Nuclear Materials Protection and Cooperation
program would make the participation of the Russian Federation
in those activities useful in providing technical assistance
under subparagraph (A).
(d) Funding.--(1) The amount provided in title XXXI for
defense nuclear nonproliferation activities is hereby increased
by $28,000,000, to be available, in addition to any sums
otherwise authorized to be appropriated, for the International
Nuclear Materials Protection and Cooperation program of the
Department of Energy for the purpose of carrying out the
policies specified in subsections (a) and (b) and the expansion
of the program authorized by subsection (c).
(2) The amount provided in section 1302 is hereby reduced by
$28,000,000, to be derived from strategic offensive arms
elimination in Russia.
Subtitle B--Administration and Oversight of Threat Reduction and
Nonproliferation Programs
SEC. 3641. ANALYSIS OF EFFECT ON THREAT REDUCTION AND NONPROLIFERATION
PROGRAMS OF CONGRESSIONAL OVERSIGHT MEASURES WITH
RESPECT TO SUCH PROGRAMS.
(a) Analysis of and Report on Congressional Oversight
Measures.--(1) The National Academy of Sciences shall carry out
an analysis of the effect on threat reduction and
nonproliferation programs of applicable congressional oversight
measures. The analysis shall take into account--
(A) the national security interests of the United
States;
(B) the need for accountability in the expenditure of
funds by the United States;
(C) the effect of such congressional oversight
measures on the continuity and effectiveness of such
programs; and
(D) the oversight responsibilities of Congress with
respect to such programs.
(2) In carrying out the analysis, the National Academy of
Sciences shall consult with the chairs and ranking minority
members of the Committees on Armed Services of the Senate and
the House of Representatives.
(b) Report.--Not later than November 1, 2004, the National
Academy of Sciences shall submit to Congress a report on the
analysis required by subsection (a). The report shall--
(1) identify, and describe the purpose of, each
congressional oversight measure; and
(2) set forth such recommendations as the National
Academy of Sciences considers appropriate as to whether
the measure should be retained, amended, or repealed,
together with the reasoning underlying that
determination.
(c) Definitions.--In this section:
(1) the term ``congressional oversight measure''
means--
(A) the restrictions in subsection (d) of
section 1203 of the Cooperative Threat
Reduction Act of 1993 (22 U.S.C. 5952);
(B) the eligibility requirements in
paragraphs (1) through (4) of section 502 of
the FREEDOM Support Act (22 U.S.C. 5852);
(C) the prohibition in section 1305 of the
National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 512; 22
U.S.C. 5952 note); and
(D) any restriction or prohibition on the use
of funds otherwise available for threat
reduction and nonproliferation programs that
applies absent the submission to Congress (or
any one or more officers or committees of
Congress) of a report, certification, or other
matter.
(2) The term ``threat reduction and nonproliferation
programs'' means--
(A) the programs specified in section 1501(b)
of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note); and
(B) any programs for which funds are made
available under the defense nuclear
nonproliferation account of the Department of
Energy.
SEC. 3642. ANNUAL REPORT ON THE USE OF FUNDS APPROPRIATED FOR THREAT
REDUCTION AND NONPROLIFERATION IN STATES OF THE
FORMER SOVIET UNION.
(a) Report.--Not later than December 31 of each year, the
Secretary of Energy shall submit to Congress a report on the
use, during the fiscal year ending September 30 of that year,
of funds appropriated for threat reduction and nonproliferation
programs in the Russian Federation and the other independent
states of the former Soviet Union. The report shall be prepared
in consultation with the Secretary of Defense and shall include
the following:
(1) A description of the use of such funds and the
manner in which such funds are being monitored and
accounted for, including--
(A) the amounts obligated, and the amounts
expended, for such activities;
(B) the purposes for which such amounts were
obligated and expended;
(C) the forms of assistance provided, and the
justification for each form of assistance
provided;
(D) the success of each such activity,
including the purposes achieved for each such
activity;
(E) a description of the participation in
such activities by private sector entities in
the United States and by Federal agencies; and
(F) any other information that the Secretary
of Energy considers appropriate to provide a
complete description of the operation and
success of such activities.
(2) An accounting of the financial commitment made by
the Russian Federation, as of the date of the end of
the fiscal year covered by the report, to the
destruction of its weapons of mass destruction and to
threat reduction and nonproliferation programs.
(3) A description of the efforts made by the United
States to encourage the Russian Federation to continue
to maintain its current level of financial commitment
at a level not less than the level of its commitment
for fiscal year 2003, and the response of the Russian
Federation to such efforts.
(4) A description of the access provided by the
Russian Federation to the United States during the
fiscal year covered by the report to the facilities
with respect to which the United States is providing
assistance under threat reduction and nonproliferation
programs.
(b) Consultation Required.--In preparing the report, the
Secretary of Energy shall consult with the chairs and ranking
minority members of the following congressional committees:
(1) The Committee on Armed Services, Committee on
Appropriations, and Committee on International
Relations of the House of Representatives.
(2) The Committee on Armed Services, Committee on
Appropriations, and Committee on Foreign Relations of
the Senate.
(c) Information from Russian Federation.--In the case of
activities covered by the report that are carried out in the
Russian Federation, the Secretary of Energy shall, in preparing
the report, include information provided by the Russian
Federation with respect to those activities.
(d) Definition.--In this section, the term ``threat reduction
and nonproliferation programs'' has the meaning given such term
in section 3641.
SEC. 3643. PLAN FOR AND COORDINATION OF CHEMICAL AND BIOLOGICAL WEAPONS
NONPROLIFERATION PROGRAMS WITH STATES OF THE FORMER
SOVIET UNION.
(a) Chemical and Biological Weapons Plan.--Section 1205 of
the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1247), as amended by section
1205 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2664) is
amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Chemical and Biological Weapons.--(1) Not later than
June 1, 2004, the President shall prepare and submit to
Congress a comprehensive, detailed plan--
``(A) to secure and destroy all chemical and
biological weapons, and the chemical and biological
materials designed for use in such weapons, that are
located in Russia and the independent states of the
former Soviet Union; and
``(B) to prevent the outflow from those states of the
technology and scientific expertise that could be used
for developing those weapons, including delivery
systems.
``(2) The plan required by paragraph (1) shall include the
following:
``(A) Specific goals and measurable objectives for
the programs that are designed to carry out the
objectives specified in subparagraphs (A) and (B) of
paragraph (1).
``(B) Identification of all significant obstacles to
achieving those objectives and the means for overcoming
those obstacles.
``(C) Criteria for success for those programs and a
strategy for eventual termination of United States
contributions to those programs and assumption of the
ongoing support of those programs by the Russian
Federation.
``(D) Specification of the fiscal and other resources
necessary in each of the eight fiscal years after
fiscal year 2003 to achieve those objectives.
``(E) Recommendations for any changes--
``(i) in the structure or organization of the
programs for carrying out those objectives; and
``(ii) in regulations or legislation that
would increase the efficiency and coordination
of those programs or would otherwise contribute
to the achievement of those objectives.
``(3) In developing the plan required by paragraph (1), the
President shall consult with--
``(A) the majority and minority leadership of the
appropriate committees of Congress; and
``(B) appropriate officials of the states of the
former Soviet Union.
``(4)(A) The President, after consultation with the majority
and minority leadership of the appropriate committees of
Congress, shall designate a senior official of the Executive
Branch, and provide that official with sufficient authority and
staffing and other resources, to coordinate the programs
referred to in paragraph (2)(A).
``(B) The President shall designate that official not later
than 12 months after the date of the enactment of this
subsection.''.
(b) Report Required To Cover Both Plans.--Subsection (e) of
section 1205 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247), as
redesignated by subsection (a), is amended--
(1) in the subsection heading, by striking ``Plan.--
'' and inserting ``Plans.--'';
(2) in paragraph (1)--
(A) by striking ``January 31, 2003,'' and
inserting ``January 31, 2005,''; and
(B) by striking ``plan required by subsection
(a)'' and inserting ``plans required by
subsections (a) and (d)(1)''; and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``plan
required by subsection (a)'' and inserting
``plans required by subsections (a) and
(d)(1)''; and
(B) in subparagraphs (B), (C), and (D) by
striking ``plan'' each place it appears and
inserting ``plans''.
(c) Conforming Amendment.--The heading of section 1205 of the
National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1247) is amended to read as follows:
``SEC. 1205. PLANS FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND
EXPERTISE OF, AND FOR COORDINATING CHEMICAL AND
BIOLOGICAL WEAPONS NONPROLIFERATION PROGRAMS WITH,
STATES OF THE FORMER SOVIET UNION.''.
(d) Effective Date for First Report Covering Both Plans.--The
amendments made by subsection (b) shall apply with respect to
the first report due after January 31, 2004.
Subtitle C--United States--Russia Relations
SEC. 3661. COMPREHENSIVE INVENTORIES AND DATA EXCHANGES ON NUCLEAR
WEAPONS-GRADE MATERIAL AND NUCLEAR WEAPONS.
(a) Findings.--Congress finds that inventories of nuclear
weapons-grade material and nuclear weapons should be tracked in
order, among other things--
(1) to make it more likely that the Russian
Federation can fully account for its entire inventory
of nuclear weapons-grade material and nuclear weapons;
and
(2) to make it more likely that the sources of any
such material or weapons possessed or used by any
foreign state or terrorist organization can be
identified.
(b) Statement of Policy.--It is the policy of the United
States to seek to establish jointly with the Russian Federation
comprehensive inventories and data exchanges of Russian
Federation and United States nuclear weapons-grade material and
nuclear weapons, with particular attention to tactical warheads
and warheads that are no longer operationally deployed.
(c) Assistance in Developing Comprehensive Inventories.--
Notwithstanding any other provision of law, the United States
should seek to work with the Russian Federation to develop
comprehensive inventories of Russian highly enriched uranium,
weapons-grade plutonium, and assembled warheads, with special
attention to be focused on tactical warheads and warheads that
are no longer operationally deployed.
(d) Data Exchanges.--As part of the development of
inventories under subsection (c), to the maximum extent
practicable and without jeopardizing United States national
security interests, the United States may exchange data with
the Russian Federation on categories of material and weapons
described in subsection (c).
(e) Report.--Not later than 12 months after the date of the
enactment of this Act, and annually thereafter until a
comprehensive inventory is created and the information
collected from the inventory is exchanged between the United
States and the Russian Federation, the President shall submit
to Congress a report, in both classified and unclassified form
as necessary, describing the progress that has been made toward
creating an inventory and exchanging the information.
SEC. 3662. ESTABLISHMENT OF DUMA-CONGRESS NUCLEAR THREAT REDUCTION
WORKING GROUP.
(a) Establishment of Working Group.--There is hereby
established a working group to be known as the ``Nuclear Threat
Reduction Working Group'' as an interparliamentary group of the
United States and the Russian Federation.
(b) Purpose of Working Group.--The purpose of the Working
Group established by subsection (a) shall be to explore means
to enhance cooperation between the United States and the
Russian Federation with respect to nuclear nonproliferation and
security, and such other issues related to reducing nuclear
weapons dangers as the delegations from the two legislative
bodies may consider appropriate.
(c) Membership.--(1) The majority leader of the Senate, after
consultation with the minority leader of the Senate, shall
appoint 10 Senators to the Working Group established by
subsection (a).
(2) The Speaker of the House of Representatives, after
consultation with the minority leader of the House of
Representatives, shall appoint 30 Representatives to the
Working Group.
SEC. 3663. JOINT UNITED STATES/NORTH ATLANTIC TREATY ORGANIZATION
COOPERATION WITH RUSSIA ON THEATER-LEVEL BALLISTIC
MISSILE DEFENSES.
(a) Policy.--It is the policy of the United States that the
President should seek to ensure that the United States takes
the lead in arranging for the United States, in conjunction
with the North Atlantic Treaty Organization, to enter into
appropriate cooperative relationships with the Russian
Federation with respect to the development and deployment of
theater-level ballistic missile defenses.
(b) Purpose of Cooperative Relationships.--It is the policy
of the United States--
(1) that the purpose of the cooperative relationships
described in subsection (a) is to increase transparency
and confidence with the Russian Federation;
(2) that United States defense and security
cooperation with the Russian Federation should
contribute to defining a new bilateral strategic
framework that is not rooted in the concept of ``mutual
assured destruction''; and
(3) that that new bilateral strategic framework
should be based upon improving the security of the
United States and the Russian Federation by promoting
transparency and confidence between the two countries.
(c) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the President shall transmit
to Congress a report (in unclassified or classified form as
necessary) on the feasibility of increasing cooperation with
the Russian Federation on the subject of theater-level
ballistic missile defenses and on the purposes and objectives
set forth in subsection (b). The report shall include--
(1) recommendations from the Department of Defense
and Missile Defense Agency;
(2) a threat assessment; and
(3) an assessment of possible benefits to missile
defense programs of the United States.
SEC. 3664. ENCOURAGEMENT OF ENHANCED COLLABORATION TO ACHIEVE MORE
RELIABLE RUSSIAN EARLY WARNING SYSTEMS.
(a) Findings.--Congress finds that--
(1) the innovative United States-Russian space-based
remote sensor research and development program known as
the Russian-American Observation Satellite (RAMOS)
program addresses a variety of defense concerns while
promoting enhanced transparency and confidence between
the United States and the Russian Federation; and
(2) an initial concept of co-orbiting United States
and Russian satellites for simultaneous stereo
observations is complete and should be continued.
(b) Policy.--It is the policy of the United States--
(1) to encourage joint efforts by the United States
and the Russian Federation to reduce the chances of a
Russian nuclear attack anywhere in the world as the
result of misinformation or miscalculation by
developing the capabilities and increasing the
reliability of Russian ballistic missile early-warning
systems, including the Russian-American Observation
Satellite (RAMOS) program; and
(2) to encourage other United States-Russian programs
to ensure that the Russia Federation has reliable
information, including real-time data, regarding
launches of ballistic missiles anywhere in the world.
(c) Interim RAMOS Funding.--The Secretary of Defense shall
ensure that, pending the execution of a new agreement between
the United States and the Russian Federation providing for the
conduct of the RAMOS program, sufficient amounts of funds
appropriated for that program are used in order to ensure the
satisfactory continuation of that program during fiscal years
2004 and 2005.
SEC. 3665. TELLER-KURCHATOV ALLIANCE FOR PEACE.
(a) Findings.--Congress finds that--
(1) Edward Teller of the United States and Igor
Kurchatov of the former Soviet Union were architects of
the nuclear weapons programs in their respective
countries;
(2) these outstanding individuals both expressed a
longing for peace and opposition to war; and
(3) as the United States and the Russian Federation
work together to redirect the nations of the world
towards the peaceful use of nuclear energy, seeking to
improve the quality of life for all human beings, it is
appropriate to establish an alliance for peace in the
names of Edward Teller and Igor Kurchatov.
(b) Teller-Kurchatov Alliance for Peace.--(1) The Secretary
of Energy shall seek to enter into an agreement with the
Minister of Atomic Energy of the Russian Federation to carry
out a cooperative venture, to be known as the Teller-Kurchatov
Alliance for Peace, to develop and promote peaceful, safe, and
environmentally sensitive uses of nuclear energy.
(2) The cooperative venture referred to in paragraph (1)
shall involve the national security laboratories of the
National Nuclear Security Administration and the laboratories
of the Ministry of Atomic Energy and the Kurchatov Institute of
the Russian Federation.
(3) The cooperative venture shall be directed by two co-
chairs, one each from the United States and the Russian
Federation. The co-chair from the United States shall serve for
a term of two years and shall be designated by the
Administrator for Nuclear Security from among officials of the
three national security laboratories, with each laboratory
represented on a rotating basis.
SEC. 3666. NONPROLIFERATION FELLOWSHIPS.
(a) In General.--(1) From amounts made available to carry out
this section, the Administrator for Nuclear Security may carry
out a program under which the Administrator awards, to
scientists employed at the Kurchatov Institute of the Russian
Federation and Lawrence Livermore National Laboratory,
international exchange fellowships, to be known as Teller-
Kurchatov Fellowships, in the nuclear nonproliferation
sciences.
(2) The purpose of the program shall be to provide
opportunities for advancement in the field of nuclear
nonproliferation to scientists who, as demonstrated by their
academic or professional achievements, show particular promise
of making significant contributions in that field.
(3) A fellowship awarded to a scientist under the program
shall be for study and training at (and, where appropriate, at
an institution of higher education in the vicinity of)--
(A) the Kurchatov Institute, in the case of a
scientist employed at Lawrence Livermore National
Laboratory; and
(B) Lawrence Livermore National Laboratory, in the
case of a scientist employed at the Kurchatov
Institute.
(4) The duration of a fellowship under the program may not
exceed two years. The Administrator may provide for a longer
duration in an individual case to the extent warranted by
extraordinary circumstances, as determined by the
Administrator.
(5) In a calendar year, the Administrator may not award more
than--
(A) one fellowship to a scientist employed at the
Kurchatov Institute; and
(B) one fellowship to a scientist employed at
Lawrence Livermore National Laboratory.
(6) A fellowship under the program shall include--
(A) travel expenses;
(B) any tuition and fees at an institution of higher
education for study or training under the fellowship;
and
(C) any other expenses that the Administrator
considers appropriate, such as room and board.
(b) Funding.--Amounts available to the Department of Energy
for defense nuclear nonproliferation activities shall be
available for the fellowships authorized by subsection (a).
(c) Definitions.--In this section--
(1) the term ``institution of higher education''
means a college, university, or other educational
institution that is empowered by an appropriate
authority, as determined by the Administrator, to award
degrees higher than the baccalaureate level;
(2) the term ``nuclear nonproliferation sciences''
means bodies of scientific knowledge relevant to
developing or advancing the means to prevent or impede
the proliferation of nuclear weaponry; and
(3) the term ``scientist'' means an individual who
has a degree from an institution of higher education in
a science that has practical application in the field
of nuclear nonproliferation.
Subtitle D--Other Matters
SEC. 3681. PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIOLOGICAL
SECURITY AND SAFETY BETWEEN THE INTERNATIONAL
ATOMIC ENERGY AGENCY AND THE ORGANIZATION FOR
ECONOMIC COOPERATION AND DEVELOPMENT.
(a) Findings.--Congress finds that--
(1) cooperative programs to control potential threats
from any fissile and radiological materials, whatever
and wherever their sources, should be expanded to
include additional states and international
organizations; and
(2) addressing issues of nuclear weapons and
materials, as well as the issue of radiological
dispersal bombs, in new forums around the world is
crucial to the generation of innovative mechanisms
directed at addressing the threats.
(b) Sense of Congress Regarding Initiation of Dialogue
Between the IAEA and the OECD.--It is the sense of Congress
that--
(1) the United States should seek to initiate
discussions between the International Atomic Energy
Agency and the Organization for Economic Cooperation
and Development for the purpose of exploring issues of
nuclear and radiological security and safety, including
the creation of new sources of revenue (including debt
reduction) for states to provide nuclear security; and
(2) the discussions referred to in paragraph (1)
should also provide a forum to explore possible sources
of funds in support of the G-8 Global Partnership
Against the Spread of Weapons and Materials of Mass
Destruction.
(c) Report.--Not later than 12 months after the date of the
enactment of this Act, the President shall submit to Congress a
report on--
(1) the efforts made by the United States to initiate
the discussions described in subsection (b);
(2) the results of those efforts; and
(3) any plans for further discussions and the
purposes of such discussions.
----------
12. An Amendment To Be Offered by Representative Rogers of Michigan, or
His Designee, Debatable for 10 Minutes
At the end of title XII (page 384, after line 3), insert the
following new section:
SEC. ____. ASSISTANCE TO IRAQI CHILDREN INJURED DURING OPERATION IRAQI
FREEDOM.
(a) Assistance.--The Secretary of Defense shall, to the
maximum extent practicable, provide all necessary support in an
expeditious manner to assist Iraqi children who were injured
during Operation Iraqi Freedom.
(b) Additional Requirements.--Assistance described in
subsection (a) may be provided to a child only if adequate
treatment from other sources in Iraq or neighboring countries
is not available and only after completion of an evaluation by
a physician or other appropriate medical personnel of the
United States Armed Forces. In addition, assistance described
in subsection (a) may be provided only if it would not
adversely affect military operations of the United States.
(c) Definition.--In this section, the term ``Operation Iraqi
Freedom'' means operations of the United States Armed Forces,
the armed forces of the United Kingdom, and the armed forces of
other coalition member countries initiated on or about March
19, 2003--
(1) to disarm Iraq of its weapons of mass
destruction;
(2) to enforce United Nations Security Council
Resolution 1441 (November 8, 2002) and other relevant
Security Council resolutions with respect to Iraq; and
(3) to liberate the people of Iraq from the regime of
Saddam Hussein.
----------
13. An Amendment To Be Offered by Representative Upton of Michigan, or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title VI (page 172, after line
19), insert the following new section:
SEC. ____. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER PAY FOR
RESERVE COMPONENT MEMBERS SERVING IN RESPONSE TO
CERTAIN DOMESTIC TERRORIST ATTACKS.
(a) Availability of Special Pay.--Subsection (a)(2) of
section 310 of title 37, United States Code, as amended by
section 616 of this Act, is amended--
(1) by striking ``or'' at the end of subparagraph
(C);
(2) by redesignating subparagraph (D) as subparagraph
(E); and
(3) by inserting after subparagraph (C) the following
new subparagraph (D):
``(D) was on duty as a first responder, or as a
member assigned to accompany or protect first
responders, to a terrorist attack on the United States
regarding which there is an immediate threat of
physical harm or imminent danger as a result of direct
or residual effects of the attack or potential
secondary attacks; or''.
(b) First Responder Defined.--Such section is further amended
by adding at the end the following new subsection:
``(e) First Responder Defined.--In this section, the term
`first responder' means a member of the uniformed services who,
as part of the member's assigned duties, is expected to arrive
at the site of a terrorist attack within 12 hours after the
attack.''.
----------
14. An Amendment To Be Offered by Representative Vitter of Louisiana,
or His Designee, Debatable for 10 Minutes
At the end of section 3517 (page 615, after line 12) add the
following new subsection:
(c) Telecommunications Equipment.--The telecommunications and
other electronic equipment on an existing vessel that is
redocumented under the laws of the United States for operation
under an operating agreement under this subtitle shall be
deemed to satisfy all Federal Communications Commission
equipment certification requirements, if--
(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was
documented immediately before becoming documented under
the laws of the United States;
(2) that country has not been identified by the
Secretary as inadequately enforcing international
regulations as to that vessel; and
(3) at the end of its useful life, such equipment
will be replaced with equipment that meets Federal
Communications Commission equipment certification
standards.
----------
15. An Amendment To Be Offered by Representative Hunter of California,
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title I (page 20, after line 24),
insert the following new section:
SEC. 112. CONFIGURATION OF FOURTH STRYKER BRIGADE COMBAT TEAM.
(a) Configuration, Lethality Enhancements, and
Sustainability.--The Secretary of the Army shall configure the
fourth Stryker brigade combat team so that that brigade combat
team provides the commanders of combatant commands with
enhanced combat capability and sustainability well beyond the
combat and sustainment capabilities provided by any one of the
first three fielded Stryker brigade combat teams.
(b) Funds.--The amount provided in section 101(3) is hereby
increased by $100,000,000, to be available for procurement of
additional lethality and sustainability enhancements for the
fourth Stryker brigade combat team.
(c) Options for Consideration.--In the execution of the funds
provided pursuant to subsection (b)(1), the Secretary of the
Army shall include among the enhancements considered for the
configuration of the fourth Stryker brigade combat team
enhancement with heavy armored vehicles, with additional heavy
attack helicopters, with additional reconnaissance and attack
helicopters, and with indirect fire artillery capabilities, or
with any combination thereof.
(d) Report Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report that
details the additional types of lethality and sustainability
enhancements that will be fielded as part of the new
configuration of the fourth Stryker brigade combat team.
At the end of subtitle A of title II (page 30, after line 7),
insert the following new section:
SEC. 203. PROGRAM INCREASES.
(a) Computer-Assisted Medical Diagnostic Technology.--The
amount provided in section 201(1) for research, development,
test, and evaluation, Army, is hereby increased by $3,000,000,
to be available for Medical Advanced Technology in Program
Element 0603002A for evaluation for potential use by Department
of Defense medical treatment facilities of commercially
available medical diagnostic technology that, using a digital
chemical library and decision support software, can be used for
diagnosis of dermatological diseases.
(b) Lightweight Cartridge Cases for Ammunition.--The amount
provided in section 201(1) for research, development, test, and
evaluation, Army, is hereby increased by $3,000,000, to be
available for Weapons and Munitions Advanced Technology in
Program Element 0603004A for advanced technology development
for lightweight cartridge cases for ammunition.
(c) Aviation-Shipboard Information Technology.--The amount
provided in section 201(2) for research, development, test, and
evaluation, Navy, is hereby increased by $6,500,000, to be
available for Shipboard Aviation Systems in Program Element
0604512N to complete research and development for the Aviation-
Shipboard Information Technology Initiative.
(d) AutoREAD.--The amount provided in section 201(2) for
research, development, test, and evaluation, Navy, is hereby
increased by $1,400,000, to be available for Shipboard Aviation
Systems in Program Element 0604512N to complete research and
development for the AutoREAD system for improving the accuracy
and reducing the workload of collecting preventive maintenance
data on aircraft launch and recovery systems.
(e) SPIKE Urban Warfare System.--The amount provided in
section 201(2) for research, development, test, and evaluation,
Navy, is hereby increased by $5,000,000, to be available for
the Marine Corps Advanced Technology Demonstrations in Program
Element 0603640M for development and demonstration of the SPIKE
urban warfare system.
(f) Research in Hydrographic Sciences.--The amount provided
in section 201(2) for research, development, test, and
evaluation, Navy, is hereby increased by $3,250,000, to be
available for Air/Ocean Tactical Applications advanced
component development and prototyping in Program Element
0603207N for hydrographic sciences research.
(g) Shipboard Electronic Warfare Improvements.--The amount
provided in section 201(2) for research, development, test, and
evaluation, Navy, is hereby increased by $5,000,000, to be
available for system development and demonstration for Tactical
Command Systems in Program Element 0604231N for an at-sea
demonstration for shipboard use of a variant of the F/A-22
digital electronic warfare product improvement program.
(h) Aerospace Sensors.--The amount provided in section 201(3)
for research, development, test, and evaluation, Air Force, is
hereby increased by $4,000,000, to be available for Aerospace
Sensors in Program Element 0602204F for development of general
purpose reconfigurable signal processors suitable for time
critical sensor processing for broad military intelligence,
surveillance, and reconnaissance applications.
(i) Elemental Detector Technology Appraisal.--The amount
provided in section 201(4) for research, development, test, and
evaluation, Defense-Wide, is hereby increased by $2,000,000, to
be available for Program Element 0603750D8Z, Advanced Concept
Technology Demonstrations, to evaluate the capability of an
elemental detector to provide directional cueing to
concentrations of specific elements and compounds.
(j) Mustard Gas Antidote.--The amount provided in section
201(4) for research, development, test, and evaluation,
Defense-wide, is hereby increased by $5,000,000, to be
available for Chemical-Biological Defense Applied Research in
Program Element 0603284BP for continuing applied research on an
antidote for mustard gas.
At the end of subtitle A of title III (page 45, after line
21), insert the following new sections:
SEC. 304. COUNTEREXPLOITATION INITIATIVE.
Within the amount authorized to be appropriated by section
301(5) for operations and maintenance, Defense-wide, the amount
for the United States Special Operations Command is hereby
increased by $1,100,000, to be made available for the
initiative for accurately tracing portable, sensitive items
exported beyond the borders of the United States.
SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATION AND
MAINTENANCE ACCOUNT.
The amount authorized to be appropriated in section 301(4) is
hereby reduced by $135,500,000.
In section 318, strike subsection (c) (page 62, line 21,
through page 64, line 7) and insert the following new
subsection:
(c) Incidental Takings of Marine Mammals in Military
Readiness Activities.--Section 101(a)(5) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended--
(1) in subparagraph (A), by adding at the end the
following:
``Notwithstanding the preceding sentence, the Secretary
is not required to publish notice under this
subparagraph with respect to incidental takings while
engaged in a military readiness activity (as defined in
section 315(f) of Public Law 107-314; 16 U.S.C. 703
note) authorized by the Secretary of Defense, except in
the Federal Register.'';
(2) in subparagraph (D), by adding at the end the
following new clause:
``(vi) Notwithstanding clause (iii), the Secretary is
not required to publish notice under this subparagraph
with respect to an authorization under clause (i) of
incidental takings while engaged in a military
readiness activity (as defined in section 315(f) of
Public Law 107-314; 16 U.S.C. 703 note) authorized by
the Secretary of Defense, except in the Federal
Register.''; and
(3) by adding at the end the following new
subparagraph:
``(F) In determining whether a military readiness
activity (as defined in section 315(f) of Public Law
107-314; 16 U.S.C. 703 note) authorized by the
Secretary of Defense is in compliance with the
requirements of subparagraphs (A), (B), and (D), the
following references shall not apply:
``(i) In subparagraph (A), `within a
specified geographical region' and `within that
region of small numbers'.
``(ii) In subparagraph (B), `within a
specified geographical region' and `within one
or more regions'.
``(iii) In subparagraph (D), `within a
specific geographic region', `of small
numbers', and `within that region'.''.
In section 421, strike $98,938,511,000'' (page 83, line 23)
and insert ``$98,634,511,000''.
In section 1021(a), strike paragraph (10) (page 262, lines 7
and 8).
In section 1021(a), strike paragraph (29) (page 266, lines 4
through 7).
In section 1021(a), strike paragraph (34) (page 266, lines 16
and 17).
In section 1021, strike subsection (b) (page 2674, lines 22
through 24).
Page 342, starting on line 10, strike ``the Federal Employees
Pay for Performance Act of 2003'' and insert ``the National
Defense Authorization Act for Fiscal Year 2004''.
Page 342, starting on line 25, strike ``sections 3 and 4 of
the Federal Employees Pay for Performance Act of 2003,'' and
insert ``section 1106 of the National Defense Authorization Act
for Fiscal Year 2004,''.
Page 343, line 19, strike ``(c)'' and insert ``(3)''.
Page 344, line 3, strike ``subsection (c)(2)'' and insert
``paragraph (2)''.
Strike section 1109 (page 346, line 20 through page 348, line
6) and insert the following:
SEC. 1109. CLARIFICATION OF HATCH ACT.
No Federal employee or individual who, before the date of the
enactment of this Act, was employed in the Office of the
Department of Defense Inspector General and transferred to a
Special Court sponsored by the United Nations pursuant to the
authority described in section 3582(a) of title 5, United
States Code, shall be subject to enforcement of the provisions
of section 7326 of such title, except that this section shall
not apply in the event that such employee or individual
subsequently becomes reemployed in the civil service.
In section 1201(d)(2), insert ``of such section'' after
``subsection (a)'' (page 373, line 14).
In section 1201(d)(3), strike ``each'' (page 373, line 18)
and insert ``such''.
Page 374, line 9, strike the fourth word.
Strike section 1453 (page 427, line 12, through page 429,
line 10).
In section 1455(a), strike the matter preceding paragraph (1)
(page 430, lines 11 through 14) and insert the following:
(a) In General.--No contract awarded on a sole source basis
for the procurement of items or services that are treated as or
deemed to be commercial items pursuant to the amendments made
by section 1441, 1444, or 1457 of this Act shall be exempt
from--
At the end of subtitle E of title XIV (page 433, after line
20), insert the following new section:
SEC. 1457. AMENDMENTS RELATING TO FEDERAL EMERGENCY PROCUREMENT
FLEXIBILITY.
(a) Repeal of Sunset for Authorities Applicable to
Procurements for Defense Against or Recovery From Terrorism or
Nuclear, Biological, Chemical, or Radiological Attack.--Section
852 of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2235) is amended by striking ``, but only if a
solicitation of offers for the procurement is issued during the
1-year period beginning on the date of the enactment of this
Act''.
(b) Applicability of Increased Simplified Acquisition
Threshold.--(1) The matter preceding paragraph (1) of section
853(a) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2235) is amended to read as follows:
``(a) Threshold Amounts.--For a procurement referred to in
section 852, the simplified acquisition threshold referred to
in section 4(11) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(11)) is deemed to be--''.
(2) Subsections (b) and (c) of section 853 of such Act are
repealed.
(3) The heading of section 853 of such Act is amended to read
as follows:
``SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR CERTAIN
PROCUREMENTS.''.
(4) The table of contents in section 1(b) of such Act is
amended by striking the item relating to section 853 and
inserting the following:
``Sec. 853. Increased simplified acquisition threshold for certain
procurements.''.
(5) Section 18(c)(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(c)(1)) is amended--
(A) by striking ``or'' at the end of subparagraph
(G);
(B) by striking the period at the end of subparagraph
(H) and inserting ``; or''; and
(C) by adding at the end the following:
``(I) the procurement is by the head of an executive
agency pursuant to the special procedures provided in
section 853 of the Homeland Security Act of 2002
(Public Law 107-296).''.
(c) Applicability of Certain Commercial Items Authorities.--
(1) Subsection (a) of section 855 of the Homeland Security Act
of 2002 (Public Law 107-296; 116 Stat. 2236) is amended to read
as follows:
``(a) Authority.--With respect to a procurement referred to
in section 852, the head of an executive agency may deem any
item or service to be a commercial item for the purpose of
Federal procurement laws.''.
(2) Subsection (b)(1) of section 855 of such Act is amended
by striking ``to which any of the provisions of law referred to
in subsection (a) are applied''.
(d) Extension of Deadline for Review and Report.--Section
857(a) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2237) is amended by striking ``2004'' and
inserting ``2006''.
In section 2803(b)(2)(A), insert ``subsections'' after ``as''
(page 464, line 15).
In section 2805(b), strike ``2822'' and insert ``2822(b)''
(page 472, line 18).
At the end of subtitle C of title XXVIII (page 487, after
line 23), insert the following new section:
SEC. ____. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.
(a) Conveyance Required.--The Secretary of the Army shall
convey, without consideration, to Fairfax County, Virginia (in
this section referred to as the ``County''), all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 10 acres at Fort Belvoir and known as the John
McNaughton Memorial baseball fields for the purpose of
permitting the County to use the property for recreational
purposes.
(b) Payment of Costs of Conveyance.--(1) The Secretary may
require the County to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the County in advance
of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the
excess amount to the County.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts in
such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
In section 3121(e)(5), insert ``, as amended by section
3112,'' after ``926)'' (page 513, line 23).
Page 537, line 23, strike the first close parenthesis.
Page 544, line 13, insert ``Authorization'' after ``National
Defense''.
Page 557, line 9, strike ``(c)'' and insert ``(d)''.
Page 560, line 24, insert open quotation marks before
``Sec.''.
Page 572, line 11, strike ``on'' and insert ``to Congress
of''.
Page 572, line 15, strike ``Fiscal Year''.
Page 574, line 8, strike ``of'' the first place it appears
and insert ``after''.
Page 587, line 23, strike ``59'' and insert ``50''.
Page 616, line 9, insert ``by redesignating the second
subsection (e) as subsection (f), and'' after ``is amended''.
Page 616, line 10, strike ``(e)'' and insert ``(g)''.
Page 622, lines 15 and 16, strike ``(e)'' each place it
appears and insert ``(g)''.
----------
16. An Amendment To Be Offered by Representative Simmons of
Connecticut, or His Designee, Debatable for 10 Minutes
At the end of title X (page 333, after line 21), insert the
following new section:
SEC. ____. ASSESSMENT OF EFFECTS OF SPECIFIED STATUTORY LIMITATIONS ON
THE GRANTING OF SECURITY CLEARANCES.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives an assessment of
the effects of the provisions of section 986 of title 10,
United States Code (relating to limitations on security
clearances), on the granting (or renewal) of security
clearances for Department of Defense personnel and defense
contractor personnel. The assessment shall review the effects
of the disqualification factors specified in subsection (c) of
that section and shall include such recommendations for
legislation or administrative steps as the Secretary considers
necessary.
----------
17. An Amendment To Be Offered by Representative Tierney of
Massachusetts, or His Designee, Debatable for 10 Minutes
Page 205, line 18, strike ``performed.'' and insert the
following: ``performed, an explanation of the business
rationale for why the decision was made to transfer the work
outside the United States, and a certification of the specific
percentage of the total contract to be performed outside the
United States.''.
Page 206, line 16, strike ``Representatives.'' and insert the
following: ``Representatives, including the recommendations of
the Secretary regarding how procurement from the United States
defense industrial base can be maximized.''.
----------
18. An Amendment To Be Offered by Representative Nadler of New York, or
His Designee, Debatable for 10 Minutes
At the end of title XIII (page 393, after line 14), insert
the following new section:
SEC. 1308. STUDY RELATING TO EX-SOVIET URANIUM AND PLUTONIUM.
The Secretary of Defense shall submit a study to Congress not
later than one year after the date of the enactment of this
Act, examining the costs and benefits of purchasing all the ex-
Soviet weapons-grade uranium and plutonium in fiscal year 2005,
and safeguarding it from smuggling or theft until it can be
rendered unusable for weapons.
----------
19. An Amendment To Be Offered by Representative Porter of Nevada, or
His Designee, Debatable for 10 Minutes
At the end of title III (page 79, after line 17), insert the
following new section:
SEC. ____. DEPARTMENT OF DEFENSE PUBLIC HEALTH ASSESSMENT OF EXPOSURE
TO PERCHLORATE.
(a) Epidemiological Study of Exposure to Perchlorate.--
(1) In general.--The Secretary of Defense shall
provide for an independent epidemiological study of
exposure to perchlorate in drinking water.
(2) Performance of study.--The Secretary shall
provide for the performance of the study under this
subsection through the Centers for Disease Control, the
National Institutes of Health, or another Federal
entity with experience in environmental toxicology
selected by the Secretary for purposes of the study.
(3) Matters to be included in study.--In providing
for the study under this subsection, the Secretary
shall require the Federal entity conducting the study--
(A) to assess the incidence of thyroid
disease and measurable effects of thyroid
function in relation to exposure to
perchlorate;
(B) to ensure that the study is of sufficient
scope and scale to permit the making of
meaningful conclusions of the measurable public
health threat associated with exposure to
perchlorate, especially the threat to sensitive
subpopulations; and
(C) to study thyroid function, including
measurements of urinary iodine and thyroid
hormone levels, in a sufficient number of
pregnant women, neonates, and infants exposed
to perchlorate in drinking water and match
measurements of perchlorate levels in the
drinking water of each study participant in
order to permit the development of meaningful
conclusions on the public health threat to
individuals exposed to perchlorate.
(4) Report on study.--The Secretary shall require the
Federal entity conducting the study under this
subsection to submit to the Secretary a report on the
study not later than June 1, 2005.
(b) Review of Effects of Perchlorate on Endocrine System.--
(1) In general.--The Secretary shall provide for an
independent review of the effects of perchlorate on the
human endocrine system.
(2) Performance of review.--The Secretary shall
provide for the performance of the review under this
subsection through the Centers for Disease Control, the
National Institutes of Health, or another appropriate
Federal research entity with experience in human
endocrinology selected by the Secretary for purposes of
the review. The Secretary shall ensure that the panel
conducting the review is composed of individuals with
expertise in human endocrinology.
(3) Matters to be included in review.--In providing
for the review under this subsection, the Secretary
shall require the Federal entity conducting the review
to assess--
(A) available data on human exposure to
perchlorate, including clinical data and data
on exposure of sensitive subpopulations, and
the levels at which health effects were
observed; and
(B) available data on other substances that
have endocrine effects similar to perchlorate
to which the public is frequently exposed.
(4) Report on review.--The Secretary shall require
the Federal entity conducting the review under this
subsection to submit to the Secretary a report on the
review not later than June 1, 2005.
----------
20. An Amendment To Be Offered by Representative LoBiondo of New
Jersey, or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXVIII (page 477, after
line 10), insert the following new section:
SEC. ____. ANNUAL REPORT ON MILITARY CONSTRUCTION REQUIREMENTS TO
SUPPORT HOMELAND DEFENSE MISSIONS OF THE ARMED
FORCES.
As part of the annual defense authorization request required
by section 113a(b) of title 10, United States Code, the
Secretary of Defense shall include an assessment of the
military construction requirements anticipated to be necessary
to support the homeland defense missions of the Armed Forces
for the fiscal year for which the defense authorization request
is submitted, for the fiscal years covered by the then-current
future-years defense plan under section 221 of such title, and
for subsequent fiscal years.
----------
21. An Amendment To Be Offered by Representative Kaptur of Ohio, or Her
Designee, Debatable for 10 Minutes
Page 220, after line 12, insert the following new section
(and conform the table of contents accordingly):
SEC. 827. DATA COLLECTION AND TECHNICAL ASSISTANCE CENTER RELATING TO
MACHINE TOOLS.
(a) Collection of Data on Contracts Using Machine Tools.--The
Secretary of Defense shall collect data in order to identify
all contractors and subcontractors that use machine tools in
carrying out any defense contract in an amount that is
$5,000,000 or greater.
(b) Technical Assistance Center.--The Secretary of Defense
shall establish a center to provide technical assistance to
machine tool companies in the United States, and entities that
use machine tools, to seek guidance with respect to government
contracting regulations, including compliance procedures, and
opportunities for contracting with the Department of Defense.
As part of the assistance provided through the center, the
Secretary may provide information about defense contracts that
are expected to be carried out through the use of machine
tools.
----------
22. An Amendment To Be Offered by Representative Kaptur of Ohio, or Her
Designee, Debatable for 10 Minutes
Page 220, after line 12, insert the following new section
(and conform the table of contents accordingly):
SEC. 827. BUY AMERICAN ENHANCEMENT.
Section 2533 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) In determining under section 2 of the Buy American Act
(41 U.S.C. 10a et seq.) whether application of such Act is
inconsistent with the public interest, the Secretary of Defense
shall not consider the provisions of any trade agreement
between the United States and a foreign country that is in
effect at the time of the determination.''.
----------
23. An Amendment To Be Offered by Representative Turner of Ohio, or His
Designee, Debatable for 10 Minutes
Strike section 1051 (page 323, line 4, through page 324, line
20) and insert the following:
SEC. 1051. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL UNITED
STATES INTERNATIONAL AIR TRADE SHOW AND FOR INITIAL
IMPLEMENTATION.
(a) Assistance for Feasibility Study.--(1) The Secretary of
Defense shall provide assistance to the nonprofit organization
named United States Air and Trade Show Inc. for expenses of a
study by that organization of the feasibility of the
establishment and operation of a biennial United States
international air trade show.
(2) The Secretary shall provide for the organization
specified in paragraph (1) to submit to the Secretary a report
containing the results of the study not later than September
30, 2004. The Secretary shall promptly submit the report to
Congress, together with such comments on the report as the
Secretary considers appropriate.
(b) Assistance for Implementation.--If the organization
conducting the study under subsection (a) determines that the
establishment and operation of such an air show is feasible and
should be implemented, the Secretary shall provide assistance
to that organization for the initial expenses of implementing
such an air show.
(c) Amount of Assistance.--The amount of assistance provided
by the Secretary under subsections (a) and (b)--
(1) may not exceed a total of $1,000,000, to be
derived from amounts available for operation and
maintenance for the Air Force for fiscal year 2004; and
(2) may not exceed one-half of the cost of the study
and may not exceed one-half the cost of such initial
implementation.
----------
24. An Amendment To Be Offered by Representative Kingston of Georgia,
or His Designee, Debatable for 10 Minutes
At the end of title XXVIII (page 495, after line 6), insert
the following new section:
SEC. ____. CONSIDERATION OF PUBLIC-ACCESS-ROAD ISSUES RELATED TO
DISPOSAL OF PROPERTY AT MILITARY INSTALLATIONS
UNDER BASE CLOSURE PROCESS.
(a) 1988 Law.--Section 204(b)(2)(E) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding
at the end the following new sentence: ``If a military
installation to be closed or placed in an inactive status under
this title includes a road used for public access through,
into, or around the installation, the consultation required by
this subparagraph shall include a discussion of measures to
ensure the continued availability of the road for public use
after the installation is closed or placed in an inactive
status.''.
(b) 1990 Law.--Section 2905(b)(2)(D) 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 sentence: ``If a military
installation to be closed or placed in an inactive status under
this part includes a road used for public access through, into,
or around the installation, the consultation required by this
subparagraph shall include a discussion of measures to ensure
the continued availability of the road for public use after the
installation is closed or placed in an inactive status.''.
----------
25. An Amendment To Be Offered by Representative Hobson of Ohio, or His
Designee, Debatable for 10 Minutes
Part II of subtitle B of title VIII is amended by adding at
the end (page 220, after line 12) the following new section:
SEC. 827. REQUIREMENT RELATING TO PURCHASES BY DEPARTMENT OF DEFENSE
SUBJECT TO BUY AMERICAN ACT.
In applying section 2 of the Buy American Act (41 U.S.C. 10a)
to acquisitions by the Department of Defense, the term
``substantially all'' shall mean at least 65 percent.
----------
26. An Amendment To Be Offered by Representative Hoeffel of
Pennsylvania, or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXVIII (page 479, before
line 15), insert the following new section:
SEC. ____. SENSE OF CONGRESS ON DEMOLITION OF ARMY TACONY WAREHOUSE
DEPOT SITE, PHILADELPHIA, PENNSYLVANIA.
(a) Findings.--Congress finds the following:
(1) The Department of Defense Appropriations Act,
2001 (Public Law 106-259; 114 Stat. 656), appropriated
$5,000,000 for the demolition of the Army Tacony
Warehouse depot site in Philadelphia, Pennsylvania,
operated by Fort Dix.
(2) The Secretary of the Army has yet to implement
plans to demolish the Tacony warehouse.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Army should take swift action to finally
demolish the Tacony warehouse, as previously required by Act of
Congress.
----------
27. An Amendment To Be Offered by Representative Hostettler of Indiana,
or His Designee, Debatable for 10 Minutes
In section 2534(a) of title 10, United States Code, as
proposed to be added by section 821(a), strike ``Packaging in
direct contact with meals'' (page 212, line 8) and insert:
``Pre-formed retort packaging in direct contact with main
entree meals''.
----------
28. An Amendment To Be Offered by Representative Farr of California, or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title III (page ____, after line
____), insert the following new section:
SEC. ____. PERMANENT AUTHORITY FOR PURCHASE OF CERTAIN MUNICIPAL
SERVICES AT INSTALLATIONS IN MONTEREY COUNTY,
CALIFORNIA.
(a) Authority.--Subject to subsection (b), public works,
utility, and other municipal services needed for the operation
of any Department of Defense asset in Monterey County,
California, may be purchased from government agencies located
in that county.
(b) Prohibition on Purchase of Certain Services.--Section
2465 of title 10, United States Code, relating to the purchase
of firefighting or security-guard services at a military
installation, applies with respect to the authority provided by
subsection (a).
(c) Conforming amendment.--Section 816 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2820) is repealed.
----------
29. An Amendment To Be Offered by Representative Dicks of Washington,
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XXVIII (page ____, after
line ____), insert the following new section:
SEC. ____. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD, BREMERTON,
WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the City of Bremerton, Washington (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately
2.8 acres at the eastern end of the Puget Sound Naval Shipyard,
Bremerton, Washington, immediately adjacent to the Bremerton
Transportation Center.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City, directly or through an agreement with
another entity, shall replace administrative space on the
parcel to be conveyed by renovating for new occupancy
approximately 7,500 square feet of existing space in Building
433 at Naval Station, Bremerton, Washington, at no cost to the
United States, in accordance with plans and specifications
acceptable to the Secretary. In lieu of any portion of such
renovation, the Secretary may accept other facility alteration
or repair of not less than equal value.
(c) Payment of Costs of Conveyance.--(1) The Secretary shall
require the City to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the City in advance
of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the
excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts in
such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Environmental Conditions.--The Secretary may use funds
available in the Environmental Restoration Account, Navy to
carry out the environmental remediation of the real property to
be conveyed under subsection (a). Such environmental
remediation shall be conducted in a manner consistent with
section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620),
including the requirement to consider the anticipated future
land use of the parcel.
(e) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement to
screen the property for other Federal use pursuant to sections
2693 and 2696 of title 10, United States Code.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
----------
30. An Amendment To Be Offered by Representative Crenshaw of Florida,
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XXXV (page 627, after line
25), add the following:
SEC. . AUTHORITY TO CONVEY NDRF VESSELS AND VESSEL CONTENTS.
(a) In General.--Notwithstanding any other law, the Secretary
of Transportation may convey the right, title, and interest of
the United States Government in and to any or all of the
vessels USS ORION (AS-18), USS HOWARD W. GILMORE (AS-16), USS
SPERRY (AS-12), USS NEREUS (AS-17), USS PROTEUS (XAS-19), and
S.S. HATTIESBURG VICTORY (number 248651), a barge and its
inventoried contents (YFNB 4, also known as SSE-512), and the
contents (Victory class spares) that have been removed from the
S.S. CATAWBA VICTORY, to Beauchamp Tower Corporation (a not-
for-profit corporation, in this section referred to as the
``recipient'') for use as moored support ships for the
corporation and as memorials to the Fulton class ships and the
Victory class ships, if--
(1) the vessel is not used for commercial
transportation purposes;
(2) the recipient agrees to make the vessel available
to the Government when the Secretary requires use of
the vessel by the Government;
(3) the recipient agrees that when the recipient no
longer requires the vessel for use as a moored support
ship for the corporation and as a memorial to the
Fulton class ships and the Victory class ships--
(A) the recipient shall, at the discretion of
the Secretary, reconvey the vessel to the
Government in good condition except for
ordinary wear and tear; or
(B) if the Board of Trustees of the recipient
has decided to dissolve the recipient according
to the laws of the State of Florida, then--
(i) the recipient shall distribute
the vessel, as an asset of the
recipient, to a person that has been
determined exempt from taxation under
section 501(c)(3) of the Internal
Revenue Code, or to the Federal
Government or a State or local
government for a public purpose; and
(ii) the vessel shall be disposed of
by a court of competent jurisdiction of
the county in which the principal
office of the recipient is located, for
such purposes as the court shall
determine, or to such organizations as
the court shall determine are organized
exclusively for public purposes;
(4) the recipient agrees to hold the Government
harmless for any claims arising from exposure to
asbestos after conveyance of the vessel, except for
claims arising from use by the Government under
paragraph (2) or (3); and
(5) the recipient has available, for use to restore
the vessel, in the form of cash, liquid assets, a
written loan commitment, or financial resources--
(A) except as provided in subparagraph (B),
of at least $1,500,000 for each vessel
conveyed; and
(B) at least $50,000 for each barge with
contents conveyed.
(b) Delivery of Vessel.--If a conveyance of a vessel is made
under this section, the Secretary shall deliver the vessel at
the place where the vessel is located on the date of the
enactment of this Act, in its present condition, without cost
to the Government.
(c) Management of Vessels Pending Conveyance.--
(1) 2-year holding period.--The Secretary shall
remove all vessels authorized to be conveyed under this
section from the scrapping disposal list for a period
of 2 years.
(2) Disposal at end of holding period.--If a vessel
has not been received and transported from its
conveyance location by the recipient before the end of
such 2-year period, the Secretary may dispose of the
vessel as the Secretary determines to be appropriate.
(3) Disposal during holding period.--Notwithstanding
paragraph (1), the Secretary may dispose of a vessel
authorized to be conveyed under this section during the
2-year period provided for in paragraph (1), if it is
determined that the vessel is in danger of sinking or
presents an immediate critical hazard to the National
Defense Reserve Fleet or environmental safety.
(d) Other Unneeded Equipment.--The Secretary may convey to
the recipient any unneeded equipment, materials, and spares
from other vessels or in storage with the Maritime
Administration and the National Defense Reserve Fleet, for the
recipient's use, including the restoration and refit of the
vessels conveyed under this section and to assist other vessel
museums.
(e) Retention of Vessel in NDRF.--The Secretary shall retain
in the National Defense Reserve Fleet each vessel authorized to
be conveyed under subsection (a), until the earlier of--
(1) 2 years after the date of the enactment of this
Act; or
(2) the date of conveyance of the vessel under
subsection (a).